The Florida Department of Natural Resources has an agreement with plant inspection stations of the U. S. Department of Agriculture in Miami and in New York, where most tropical plants enter the continental United States, to monitor plant shipments for species listed on the list of prohibited aquatic plants in Florida.
The number of nonindigenous plant species is greater on the list of prohibited aquatic plants in Florida than on the federal list because the state of Florida believes that without control, a larger number of such plants could invade and infest southern Florida's unique semi-tropical waterways (Joyce 1991). All species on the state list are either seized or destroyed (Joyce 1991). The federal interception of the introduction of harmful plants was outlined by Williams (1980).
In 1969, the Florida State Legislature enacted a state statute (Section 403.271) that prohibited the importation, transportation, and cultivation of aquatic plants without a permit from the Department of Pollution Control (now the Florida Department of the Environmental Regulation). Jubinsky (1991) discussed Florida's rules and regulations for aquaculture plant management. In 1973, the controlling authority was transferred to the Florida Department of Natural Resources Bureau of Aquatic Plant Research and Control (now the Bureau of Aquatic Plant Management; Goldsby et al. 1976).
In 1970 the state legislature turned its attention to the organization of the state's aquatic-plant control program. Under Chapter 372.925 FS (now 369.20 FS), the legislature enacted the Florida Aquatic-Weed Control Act in 1970. The Florida Weed Control Act of 1970 designated the Florida Department of Natural Resources as the lead agency in aquatic-plant control. In the same year, the Department of Natural Resources was given authority to regulate the importation and transportation of aquatic plants in an attempt to limit the importation of new problem species into the state (403.271 FS). In response to this directive, the Department of Natural Resources created the Bureau of Aquatic Plant Research and Control (now known as the Bureau of Aquatic Plant Management) to direct the control, eradication, and regulation of noxious aquatic weeds and to direct related research and planning (Joyce 1991).
Chapter 403.088 FS allows the temporary reduction of water quality of the treated waters (to control nuisance weeds) if the application was performed pursuant to a permit by the Department of Natural Resources and applicable pesticide laws. This statute also required the Department of Natural Resources and the Department of Environmental Regulation to enter an interagency agreement for the establishment of procedures for program approval and provisions for public health, welfare, safety, and environmental factors. These requirements resulted in the establishment of several interagency agreements and the promulgation of Chapter 16c-20, FAC, for the permitting of aquatic plant control in Florida in 1977 under the Florida Game and Freshwater Fisheries Commission (Joyce 1991).
In 1972, rules and regulations were established, and a comprehensive list of prohibited aquatic and wetland plants was developed by the Florida Department of Natural Resources to prevent the introduction of new, potentially noxious weed species. The Federal Department of Natural Resources established a prohibited plant list that consists of several species from 18 different genera. Chapter 16C-52, Florida Administrative Code, specifies the regulations aquatic plant collection, importation, transportation, cultivation, possession, and retail sales. The chapter provides for an annual permitting of persons who are involved in the use of aquatic plants for business purposes and scientific research.
Past inspections of permit holders by the department resulted in the seizure or eradication of several federally designated noxious-weed species. The major requirements of the regulatory program are as follows:
2. Exotic aquatic plant species cannot be planted in the state's waterways.
3. Permittees are required to notify the Bureau of Aquatic Plant Management with a complete botanical listing of species received within seven days after importing plants from abroad (out of state and foreign importations).
4. Permittees who cultivate aquatic plants must have secure and adequate quarantine facilities to avoid accidental introductions of exotic plants into adjacent waterways.
5. All permitted wholesale and culturing facilities, and retail outlets are subject to inspection.
6. Violations can result in the suspension or revocation of the permit, or a misdemeanor charge of the second degree.
In 1973, the controlling authority was transferred to the Bureau of Aquatic Plant Research and Control--now the Bureau of Aquatic Plant Management--of the Department of Natural Resources.
In 1974, the authority of the Department of Natural Resources was expanded by Chapter 372.932 FS and
gave the department supervision of all aquatic-plant control to "guide, approve, review, coordinate and disperse aquatic plant control funds" in each water management district. This law also designated areas of state responsibility and mechanisms of funding and defined the concept of maintenance control of nonindigenous (exotic) aquatic plants as a method of control "in that control techniques are used in a coordinated manner on a continuous basis in order to maintain the plant population at the lowest feasible level as determined by the department - (Joyce, 1991, Page 6).
The authority of entering cost-sharing agreements with the U.S. Army Corps of Engineers under the Federal Aquatic Plant Control Program was transferred from the Florida Game and Freshwater Fish Commission to the Department of Natural Resources at this time; however, the actual transfer of the contract did not occur until a later date (Joyce 1991). Goldsby et al. (1976) described the permitting of Florida's aquaria-plant wholesalers, the training course for plant inspectors, and the enforcement of the Florida regulations in the industry.
In 1984, legislation modified 403.271 to authorize the permitting and inspection of all persons involved in the aquatic plant business. A violation could result in a charge with a second-degree misdemeanor.
Although Florida's rules and regulations for aquatic plant-importation, transportation, cultivation, possession, and retail sales have prevented permit holders from introducing new exotic aquatic plants into the state's waterways, the growing of plant species elsewhere and shipment of plants from another state by U.S. Mail or by commercial freight carrier into Florida cannot be regulated. The U. S. Department of Agriculture has the authority (Section 2803(a), Federal Noxious Weed Act) to stop the interstate spread of federally designated noxious weeds but fails to use it. The U.S. Department of Agriculture must properly administer the Federal Noxious Weed Act of 1974 or Florida and other states will be recipients of new exotic aquatic plant infestations (Schmitz 1990). Westbrooks (1990) discussed the interstate transfer and sale of aquatic federally designated noxious weeds. In a later publication, he (Westbrooks 1993) outlined the federal and state regulations, policies, and enforcement to exclude and eradicate the federally designated noxious weeds. A draft model ordinance was developed for the control of introductions of pest plants by municipalities and counties in southern Florida (South Florida Exotic Pest Plant Council 1985).
