Section 5B-2.002 - Registering with the DivisionEvery nurseryman, stock dealer, and plant broker shall register with the division before moving, distributing or offering nursery stock for sale. All seeds, cut flowers, cut fern, cut foliage not for propagation, and lawn and pasture grasses not produced as certified turfgrass are specifically exempted from nursery stock classification for registration purposes when apparently free from injurious plant pests.
(1) Application for registration of nurseries shall be made upon an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, as incorporated in Rule 5B-2.0011, F.A.C., and must be signed by the applicant or applicant's representative. (a) Nurserymen desiring to obtain a certificate of registration and move, sell, distribute, or offer nursery stock for sale shall request an inspection by the division at least thirty (30) days in advance of the date upon which they desire to move or offer nursery stock for sale. Nurserymen requesting a certificate of registration in less than 30 days shall be charged a temporary certificate of inspection fee as provided in Rule 5B-2.010, F.A.C.(b) The nursery stock must be inspected by an authorized representative of the division and found to be free from plant pests of regulatory significance and to be reasonably free from common plant pests.(c) The nursery must be in such condition in regard to spacing, growth, and weed control to allow for an inspection for plant pests.(d) Nurserymen, unless exempted under Rule 5B-2.002, F.A.C., must pay an annual certificate of registration fee. Such fee shall be determined by the amount of nursery stock inventoried in the nursery by an authorized representative during the first inventory inspection after July 1. For field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers, the certificate of registration fee shall be based on the amount of planted acreage provided that the total fee does not exceed four hundred sixty dollars ($460). Upon meeting registration requirements, a certificate of registration shall be issued by the division which shall expire twelve (12) months following date-of-issue. Nurseries having nursery stock, field-produced vegetable transplants, field-produced bulbs, and field-produced corms or tubers shall have the planted acreage fee added to the fee determined for nursery stock. The combined fees shall not exceed four hundred sixty dollars ($460). 1. Schedule of fees determined by nursery stock inventory shall be as follows: Number of Plants | Amount of Fee |
1-1, 000 | $35.00 |
1, 001-5, 000 | $50.00 |
5, 001-25, 000 | $100.00 |
25, 001-100, 000 | $200.00 |
100, 001-200, 000 | $300.00 |
200, 001-300, 000 | $350.00 |
Over 300, 000 | $460.00 |
2. Schedule of fees determined by planted acreage for field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers shall be as follows: Number of Acres | Amount of Fee |
1-15 | $50.00 |
16-25 | $100.00 |
26-35 | $200.00 |
36-45 | $300.00 |
46-60 | $400.00 |
61-80 | $450.00 |
Over 81 | $460.00 |
3. Schedule of fees determined by planted acreage for certified turfgrass shall be as follows: Number of Acres | Amount of Fee |
1-200 | $50.00 |
201-400 | $100.00 |
401-600 | $200.00 |
601-800 | $300.00 |
801-1000 | $400.00 |
1001-3000 | $450.00 |
Over 3000 | $460.00 |
(e) Governmental agency nurseries whose nursery stock is used exclusively for planting on government property are exempt from payment of a certificate of registration fee.(f) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed, and accompanied by the appropriate fee. An Annual Nursery Registration Fee Notice, FDACS-08006, Revised 11/15, incorporated in Rule 5B-2.0011, F.A.C., is supplied by the division for this purpose.(2) Stock dealers and plant brokers shall comply with the following stipulations to meet certification requirements: (a) Those persons who desire to apply for certification and registration as a stock dealer or plant broker shall do so by completing an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, incorporated in Rule 5B-2.0011, F.A.C. This application should be filed with the division thirty (30) days prior to the date the stock dealer or plant broker begins operation. The completed application shall be accompanied by payment of the fee as designated in paragraph 5B-2.002(2)(c), F.A.C.(b) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed and accompanied by the appropriate fee. The Annual Stock Dealer And Registration Fee Notice, FDACS-08022, Revised 11/15, is supplied by the division for this purpose and is incorporated in Rule 5B-2.0011, F.A.C.(c) The certificate of registration fee for a stock dealer with an inventory of less than 5, 000 plants or plant broker establishments shall be $25.00 per location. The certificate of registration fee for a stock dealer with an inventory of 5, 000 or more plants shall be $69.00 per location. The inventory for such a stock dealer shall be determined by an authorized representative.(d) A stock dealer or plant broker shall comply with all the provisions of chapter 581, F.S., comply with the rules of the department, and obtain nursery stock only from certified nurseries.(e) Stock dealer, or plant broker certificates of registration shall expire twelve (12) months from the original registration or annual renewal date.Fla. Admin. Code Ann. R. 5B-2.002
Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.131, 581.141 FS.
Amended 12-31-74, 6-24-75, 3-25-79, 6-15-81, 10-28-85, Formerly 5B-2.02, Amended 5-17-92, 6-7-95, 11-29-95, 6-12-00, 8-26-03, 3-11-04, Amended by Florida Register Volume 42, Number 081, April 26, 2016 effective 5/8/2016.Amended 12-31-74, 6-24-75, 3-25-79, 6-15-81, 10-28-85, Formerly 5B-2.02, Amended 5-17-92, 6-7-95, 11-29-95, 6-12-00, 8-26-03, 3-11-04, 5-8-16.