Florida Statute 581.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 581
PLANT INDUSTRY

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F.S. 581.011

581.011 Definitions.—As used in this chapter:

(1) “Agent” means any person selling or distributing nursery stock under the partial or full control of a nurseryman.

(2) “Aquatic plant” means any plant, including a floating, immersed, submersed, or ditch bank species, growing in or closely associated with an aquatic environment, and includes any part or seed of such plant.

(3) “Arthropod” means any segmented invertebrate animal having jointed appendages and an exoskeleton, including insects, spiders, ticks, mites, and scorpions, but excluding crustaceans for the purpose of this chapter.

(4) “Authorized representative” means any designated employee, inspector, or collaborator of the division or the United States Department of Agriculture.

(5) “Certificate of inspection” means an official document stipulating compliance with the requirements of this chapter. The term “certificate” includes label, rubber stamp imprint, tag, permit, written statement, or any form of inspection and certification document which accompanies the movement of inspected and certified plant material and plant products.

(6) “Certificate of registration” means an official document issued by the division to nurseries, stock dealers, agents, and plant brokers as evidence of being properly registered with the division in compliance with the requirements of this chapter and of any of the rules promulgated hereunder.

(7) “Citrus” means all plants, plant parts, and plant products, including seed and fruit, of all genera, species, and varieties of the Rutaceous subfamilies Aurantioideae, Rutoideae, and Toddalioideae, unless specifically excluded by the rules of the department.

(8) “Collaborator” means a person cooperating with the division in some capacity, who has been officially designated to perform certain duties for the division.

(9) “Compliance agreement” means a written agreement between the department and any person engaged in growing, handling, or moving articles, plants, or plant products regulated under this chapter, wherein the person agrees to comply with stipulated requirements.

(10) “Department” means the Department of Agriculture and Consumer Services of the state or its authorized representative.

(11) “Director” means the director of the Division of Plant Industry.

(12) “Distribution” means the movement of nursery stock from the property where it is grown or kept to any other noncontiguous property, regardless of the ownership of the properties concerned.

(13) “Division” means the Division of Plant Industry of the Department of Agriculture and Consumer Services.

(14) “Genetically engineered organism” means an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant DNA techniques.

(15) “Invasive plant” means a naturalized plant that disrupts naturally occurring native plant communities.

(16) “Move” means to ship, offer for shipment, receive for transportation, carry, or otherwise transport.

(17) “Museum” means the Florida State Collection of Arthropods.

(18) “Noxious aquatic plant” means any part, including, but not limited to, seeds or reproductive parts, of an aquatic plant that has the potential to hinder the growth of beneficial plants, interfere with irrigation or navigation, or adversely affect the public welfare or the natural resources of this state.

(19) “Noxious weed” means any living stage, including, but not limited to, seeds and productive parts, of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida or have a negative impact on the plant species protected under s. 581.185.

(20) “Nursery” means any grounds or premises on or in which nursery stock is grown, propagated, or held for sale or distribution, except where aquatic plant species are tended for harvest in the natural environment.

(21) “Nurseryman” means any person engaged in the production of nursery stock for sale or distribution.

(22) “Nursery stock” means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown or kept for or capable of propagation or distribution, unless specifically excluded by the rules of the department.

(23) “Official organ” means a printed document published by the division for notification to the public and industries in matters relating to division activities and in which official announcements may be made.

(24) “Places” means vessels, railroad cars, automobiles, aircraft, and other vehicles; buildings; docks; nurseries; orchards; and other premises where plants or plant products are grown, kept, or handled.

(25) “Plant broker” means a person who transacts the transfer of plants from a seller to a buyer and who may or may not be in actual physical possession of the plants.

(26) “Plant pest” means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products.

(27) “Plants and plant products” means trees, shrubs, vines, forage and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from them, unless specifically excluded by the rules of the department.

(28) “Quarantine” means an official order issued by the department that regulates the movement of articles, plants, or plant products to prevent the spread of disease or pests.

(29) “Stock dealer” means any person not a grower of nursery stock in this state who buys or otherwise acquires nursery stock for the purpose of reselling independently of any control of a nurseryman, agent, or plant broker, and who at any time maintains physical possession of such nursery stock.

History.—s. 2, ch. 12291, 1927; CGL 3831; s. 7, ch. 22858, 1945; s. 6, ch. 29767, 1955; s. 13, ch. 59-1; s. 1, ch. 59-261; ss. 14, 35, ch. 69-106; s. 242, ch. 71-377; s. 1, ch. 79-158; s. 1, ch. 80-41; s. 1, ch. 84-355; s. 1, ch. 85-283; s. 1, ch. 87-32; s. 1, ch. 88-31; s. 1, ch. 89-199; s. 1, ch. 90-155; s. 2, ch. 92-147; s. 44, ch. 93-169; s. 1, ch. 97-220; s. 18, ch. 2005-210; s. 33, ch. 2012-190.

Note.—Former s. 581.14.

F.S. 581.011 on Google Scholar

F.S. 581.011 on Casetext

Amendments to 581.011

Arrestable Offenses / Crimes under Fla. Stat. 581.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 581.011.

Annotations, Discussions, Cases:

Cases Citing Statute 581.011

Total Results: 20

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-01-13

Snippet: reveal it to any unauthorized person." Section 581.011(4), Florida Statutes, defines "Authorized representative"

Pollock v. Florida Dept. of Highway Patrol

Court: Supreme Court of Florida | Date Filed: 2004-06-10

Citation: 882 So. 2d 928, 2004 WL 1274334

Snippet: readily apparent); City of Orlando v. Heard, 29 Fla. 581, 11 So. 182, 184 (1892) (observing that the city must

Flake v. STATE, DEPT. OF AGRICULTURE

Court: District Court of Appeal of Florida | Date Filed: 1980-05-07

Citation: 383 So. 2d 285

Snippet: of their nursery stock, as defined by Section 581.011(10), there was no evidence of trespass or physical

City of Miami v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 1959-05-14

Citation: 112 So. 2d 268, 1959 Fla. App. LEXIS 2919

Snippet: known of it. In City of Orlando v. Heard, 29 Fla. 581, 11 So. 182, 184, the Supreme Court of Florida said:

City of Miami Beach v. Quinn

Court: Supreme Court of Florida | Date Filed: 1942-01-16

Citation: 5 So. 2d 593, 149 Fla. 326, 1942 Fla. LEXIS 771

Snippet: authority to act. See City of Orlando v. Heard,29 Fla. 581, 11 So. 182. Likewise, the same rule was subsequently

City of Tallahassee v. Coles

Court: Supreme Court of Florida | Date Filed: 1941-12-05

Citation: 4 So. 2d 874, 148 Fla. 606, 1941 Fla. LEXIS 947

Snippet: Sec. 1024). City of Orlando v. Heard,29 Fla. 581, 11 So. 182. *Page 610 While it is true that a definite

Dupuis v. Heider

Court: Supreme Court of Florida | Date Filed: 1934-01-06

Citation: 152 So. 659, 113 Fla. 679, 1934 Fla. LEXIS 1717

Snippet: South. Rep. 767; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Cooney-Eckstein Co. v. King, 69

Florida Motor Transportation Co. v. Hillman

Court: Supreme Court of Florida | Date Filed: 1924-05-24

Citation: 87 Fla. 512, 101 So. 31, 1924 Fla. LEXIS 663

Snippet: South. Rep. 918; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182. The order of the court striking

Atlantic Coast Line Railroad v. Holliday

Court: Supreme Court of Florida | Date Filed: 1917-02-07

Citation: 73 Fla. 269, 74 So. 479

Snippet: appellate court.” City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; South Florida Tel. Co. v. Maloney

Cooney-Eckstein Co. v. King

Court: Supreme Court of Florida | Date Filed: 1915-02-24

Citation: 69 Fla. 246, 67 So. 918

Snippet: particular. City of Orlando v. Heard. 29 Fla. 581, 11 South. Rep. 182. It is still further contended

City of Key West v. Baldwin

Court: Supreme Court of Florida | Date Filed: 1915-02-09

Citation: 69 Fla. 136, 67 So. 808

Snippet: South. Rep. 712; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182. The evidence was sufficient to

Gonzalez v. City of Pensacola

Court: Supreme Court of Florida | Date Filed: 1913-03-05

Citation: 65 Fla. 241, 61 So. 503

Snippet: South. Rep. 954; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Consumers Electric Light & St

Seaboard Air Line Railway v. Rentz

Court: Supreme Court of Florida | Date Filed: 1910-06-15

Citation: 60 Fla. 449

Snippet: 21 Fla. 700; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Jacksonville Electric Co. v. Sloan

Kirton v. Atlantic Coast Line Railroad

Court: Supreme Court of Florida | Date Filed: 1909-01-15

Citation: 57 Fla. 79

Snippet: demurrer. See City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; South Florida Tel. Co. v. Maloney

Hainlin v. Budge

Court: Supreme Court of Florida | Date Filed: 1908-06-15

Citation: 56 Fla. 342

Snippet: 21 Fla. 700; Cilty of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Morris v. Florida Cent. & P. R

Moore v. Lanier

Court: Supreme Court of Florida | Date Filed: 1906-06-15

Citation: 52 Fla. 353

Snippet: 21 Fla. 700; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Morris v. Florida Cent. & P. R

Jacksonville Electric Co. v. Sloan

Court: Supreme Court of Florida | Date Filed: 1906-06-15

Citation: 52 Fla. 257

Snippet: 21 Fla. 700; City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Morris v. Florida Cent. & P. R

City of Daytona v. Edson

Court: Supreme Court of Florida | Date Filed: 1903-06-15

Citation: 46 Fla. 463

Snippet: demurrer. In City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182, it was held that in actions against

Little v. Bradley

Court: Supreme Court of Florida | Date Filed: 1901-06-15

Citation: 43 Fla. 402

Snippet: supra, viz: City of Orlando v. Heard, 29 Fla. 581, 11 South. Rep. 182; Parkhurst v. Stone, 36 Fla. 456

Camp v. Hall

Court: Supreme Court of Florida | Date Filed: 1897-06-15

Citation: 39 Fla. 535

Snippet: 22 Fla. 271; City of Orlando vs. Heard, 29 Fla. 581, 11 South. Rep. 182; Cuthbertson vs. Irving, 4 Hurl