Non-Native Species Planting Permits

According to Rule 5B-57.011, Florida Administrative Code (F.A.C.), a permit for non-native species plantings is required for two contiguous acres within one parcel of land for any non-native plant not excluded for purposes of agriculture under Section 570.02(1), Florida Statutes, or excluded in Rule 5B-57.011, F.A.C.

A contiguous planting is two or more plantings of non-native plants with a common boundary. Or, a parcel of land that has been separated or divided into more than one planting of non-native plants whether separated or divided by a roadway or any other area not under cultivation with non-native plants. (See Rule 5B-57.001, F.A.C., for further clarification.)

Your permit application must demonstrate:

• A viable system to prevent plants and plant parts from spreading into ditches, natural waterways and any onsite drainage.
• Adequate measures to mitigate the spread of the permitted plant species from dispersal via seed.
• Adequate safeguarding measures applied to border of the planting to prevent plant spread.
• Containment procedure for cleaning equipment used onsite.
• Adequate measures for wildfire mitigation.

Please allow 60–90 days for the application process. After an initial permit review, a site visit must be made by personnel from the FDACS Division of Plant Industry. Coordination of the site visit may take several weeks. After the site visit, further review will commence, and if the initial permit is approved, proof of bond must be provided. The bond application and issuance of the bond may take a week or more, depending on the financial institution.

The compliance agreement is issued after permit review, completed site visit, and issuance of the certified bond. The compliance agreement details the site practices that must be implemented and scope of limitations existing with the issuance of the permit. The compliance agreement is a legally binding document signed between the applicant and FDACS.

List of Required Forms:

• FDACS-08381: Application[ ]  
• FDACS-08382: Permit[ ]  
• FDACS-08383: Compliance Agreement[ ]  
• FDACS-08439: Bond[ ]  
• FDACS-08440: Assignment Of Certificate of Deposit[ ]

How to Complete and Submit the Forms:

1. Use the free Adobe Acrobat Reader to view or print forms. Skip this step if Adobe Reader is already installed on your PC.
2. Print forms on white 8 1/2" x 11" paper.
3. Type or print the entire form in blue or black ink.
4. If fees are required, make check(s) payable to: Florida Department of Agriculture and Consumer Services
5. Mail payment(s) to: FDACS-Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100.