  HYPERLINK "https://www.flrules.org/gateway/ruleNo.asp?id=5B-57.011" \t
"ruleNo"  5B-57.011  Biomass Plantings. 

(1) Biomass Permit Requirements. It shall be unlawful to establish a
biomass planting greater in size than two contiguous acres except under
a biomass permit (Biomass Planting Permit, DACS-08382, revised 04/08)
issued by the department for this purpose and is incorporated herein by
reference. An application for new biomass permit will be required if the
planting (contiguous or noncontiguous) will exceed five percent (5%) of
the acreage of the original permit. No biomass permit shall be issued
for any planting of plants on the state noxious weed list or the federal
noxious weed list. No biomass permit shall be issued unless the
applicant is the owner of the property or has written permission from
the property owner to utilize the land for biomass plantings for the
duration of the life of the permit. Applications for biomass permits
shall be made on Biomass Planting Permit Application, DACS-08381,
revised 06/08, and submitted to the Division of Plant Industry, P. O.
Box 147100, Gainesville, FL 32614-7100, for this purpose and is
incorporated herein by reference. The application forms can be obtained
from the same address or from the Division of Plant Industry website,  
HYPERLINK "http://www.doacs.state.fl.us/onestop/plt/methods.html" 
http://www.doacs.state.fl.us/onestop/plt/methods.html . Separate
applications for biomass permits shall be required for each
noncontiguous growing location and must include a complete description
of the nonnative plant to be grown and an estimated cost of removing and
destroying the subject plant including the basis for calculating or
determining that estimate. The applications must be submitted with the
permit fee of $50 and proof that a bond in the form as required in
subsection (2), issued by a surety company admitted to do business in
Florida or a certificate of deposit has been obtained as described in
Section 581.083(4), F.S. In evaluating the permit application, the
department shall visit the proposed growing location and determine if
feasible measures can be taken to prevent the spread of the plant into
neighboring ecosystems. The permit will include the following
requirements as a minimum:

(a) A system of traps or filters shall be required to prevent plants or
plant parts from spreading through ditches, natural waterways or other
drainage. A fallow area in excess of 25 feet may be considered as a
trap.

(b) Measures will be required to prevent spread by seed. 

(c) A fallow area, wide enough to prevent plant spread into adjacent
areas, shall be required. The fallow area may be used singularly or in
combination with a berm surrounding the biomass planting.

(d) Any equipment used on the site must be cleaned of all plant debris
before being moved from the property.

(e) Wildfire protection measures will be required to mitigate fire risk
and damages to surrounding areas.

(f) A compliance agreement (Compliance Agreement, Biomass, DACS-08383,
revised 04/08) containing any additional requirements needed to prevent
plant spread shall be signed and will be an addendum to the permit for
this purpose and is incorporated herein by reference. Copies of
Compliance Agreement, Biomass, DACS-08383, revised 04/08, may be
obtained from the Division of Plant Industry, Bureau of Plant and Apiary
Inspection, P. O. Box 147100, Gainesville, FL 32614-7100, or
http://www.doacs.state.fl.us/onestop/plt/methods.html. Failure to abide
by the permit stipulations or the compliance agreement is considered to
be a violation of these rules.

(2) Bonds or Certificates of Deposit. Each permit holder shall maintain
for each separate growing location a bond or a certificate of deposit in
an amount of not less than 150 percent of the estimated cost of removing
and destroying the plants as described in Section 581.083(4), F.S. The
bond or certificate of deposit may not exceed $5,000 per acre except as
allowed by Section 581.083(4)(e), F.S. The Bond or CD assignment or
agreement must be on forms DACS-08439, revised 05/08, Biomass Plantings
Bond or DACS-08440, revised 05/08, Assignment of Certificate of Deposit,
incorporated herein by reference. These forms are available from the
Division of Plant Industry, P. O. Box 147100, Gainesville, FL 32614-7100
or   HYPERLINK "http://www.doacs.state"  http://www.doacs.state .
fl.us/onestop/plt/methods.html.

(3) Abandoned Biomass Plantings. It shall be unlawful for any person to
abandon a biomass planting. It is the responsibility of the property
owner or permit holder to completely destroy the planting prior to
vacating the property or stopping commercial production. If the
department determines that the permit holder is no longer maintaining or
cultivating the plants subject to the special permit and has not removed
and destroyed the plants authorized by the special permit or has
exceeded the conditions of the biomass permit, the department shall take
action to initiate the removal of the plants through the issuance of an
immediate final order and execution of the bond or certificate of
deposit as described in Section 581.083(4), F.S.

(4) Exemptions. A biomass permit is not required for plants produced for
purposes of agriculture as defined in Section 570.02(1), F.S., or if the
department in consultation with the University of Florida, Institute of
Food and Agricultural Sciences has determined that the non-native plant
is not invasive and specifically exempts it in this rule. The following
plants or groups of plants are exempt:

(a) Any plant that is produced for purposes of human food consumption. 

(b) Any plant that is commonly grown for commercial feed, feedstuff or
forage for livestock.

(c) Pinus spp.

Specific Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5),
(6), 581.083, 581.091 FS. History–New 10-1-06, Amended 9-24-08.

