Awareness of non-native, invasive species and their impacts is on the rise in our increasingly “green” society. With its mild climate and diverse environments, Florida is particularly vulnerable to naturalization by non-native plant species. Not surprisingly, many of Florida’s non-native plant introductions arise via the horticultural industry, prompting government agencies to regulate this commerce. Of course, the positive social and economic benefits of ornamental plants are indisputable.

The economic impact of invasive species is high — roughly $120 billion annually in the U.S. alone by some estimates. Unfortunately, a large proportion of these funds are expended reactively — that is, our tax dollars are typically spent to manage pest plants that are already established and therefore difficult to contain. So, why not ban all bad plants? The lack of fair and objective regulatory tools is partly to blame. Reliable methods to pre-emptively distinguish malicious weeds from mild-mannered ornamentals are difficult to develop, time-consuming, and expensive; and regulators are hesitant to place undue burdens on industry without strong evidence to support their decisions. However, progress is being made toward more objective and more preventative regulatory approaches. Increasing public awareness, improved tools to predict invasiveness, and improved cooperation between industries and other stakeholders are all contributing to more equitable regulations.

Government agencies, industry, and advocacy groups have worked hard to develop importation and trade regulations that adequately limit the spread of harmful organisms without placing undue burdens on commerce. As such, Florida’s ornamental growers, importers, and landscapers must keep track of numerous regulatory guidelines to ensure compliance with the law. The most basic regulatory control to prevent new invasions is the prohibited plant list. In Florida, there are federal, state, and sometimes local governmental lists that industry members should be aware of.

Federally Prohibited Plants: The USDA maintains a list of federal noxious weeds under the authority of the Federal Noxious Weed Act of 1974. Listed plants are prohibited from importation into the U.S. as well as from interstate transport. To be placed on this list, a species must be of potential economic importance and not yet present or, if present, widely distributed and being “officially controlled.” In addition to numerous parasitic plants, the federal noxious weed list includes 19 aquatic/wetland species and 38 terrestrial species.

State Prohibited Plants: Florida currently maintains two lists of prohibited plants — the Florida Noxious Weed List and Florida Prohibited Aquatic Plants. Although the lists are created under different statutes (Chapters 369 & 581), both regulations prohibit the possession, collection, transportation, cultivation, and importation of listed plants without a special permit. Under the authority of the Florida Aquatic Weed Control Act, the Florida Department of Agricultural and Consumer Services (FDACS) regulates noxious aquatic weeds included on the Prohibited Aquatic Plant List. The Prohibited Aquatic Plant List includes 19 species and all non-native members of five genera.

 

Florida Statute 581 also gives authority to FDACS to administer the Noxious Weed and Invasive Plant List, which includes any plants deemed to be a threat to Florida agriculture or Florida’s native plant communities. FDACS works with the University of Florida/Institute of Food and Agricultural Sciences and other experts to evaluate candidate species for listing.

Another commonly referenced invasive plant list is the Florida Exotic Pest Plant Council (FLEPPC). FLEPPC is a state-wide, non-profit organization composed of individuals and institutions that support the management of invasive exotic plants in Florida’s natural areas. A cornerstone of FLEPPC is its Category I and II invasive plant lists — a biennially-updated list of non-native plants which threaten Florida’s natural ecosystems. Category I invasive plants are those which alter native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. Category II invasive plant species are those which are increasing in numbers but have not yet altered Florida plant communities to the extent shown by Category I species. The FLEPPC lists are not legally binding by statute or rule. The lists are intended to increase awareness about invasive plants and inform resource managers to help identify management priorities. The lists may be used by local governments when developing ordinances but should be used in conjunction with other information such as economic impact and projected species range within the state. 

Members of the ornamental plant industry also should be aware of local ordinances prohibiting certain non-native species. At least 25 counties or municipalities have regulations pertaining to one or more non-native plant species. A 2002 legislative amendment to Florida Statute 581 requires that local invasive plant ordinances adopted after March 1, 2002 use the Florida Noxious Weed and Invasive Plant List.

The varied prohibitions on non-native plants in Florida are not a complete solution to preventing new invasions of pest plants, nor are they perfect. But these regulations do help to minimize the widespread proliferation of pest plants. Today’s transportation technologies allow us to enjoy botanical wonders from all over, but also have removed colonization barriers that existed for eons. Respecting well-intended conservation regulations and working to improve them through objective methods will help later generations enjoy the same botanical diversity that we enjoy today.

LeRoy Rodgers works for the South Florida Water Management District in West Palm Beach.