Florida Non-Native Species Planting Surety Bond

This surety bond is required in accordance with Florida Statute § 581.083 in order to obtain the special permit required by the Florida Department of Agriculture and Consumer Services (FDACS), Division of Plant Industry. It is deemed to be necessary to protect the public health, safety, and welfare of the State of Florida and its citizens. In the absence of the permittee accepting its financial responsibility, the bond would cover the cost of removing and destroying the cultivated plants and would prevent injury to public health, safety, and welfare.

This bond must be posted if a person or business desires to cultivate a non-native plant, algae, or blue-green algae (including those genetically engineered) in plantings greater in size than two contiguous acres and where a special permit is required. A special permit is not required to cultivate any plant or group of plants that, based on experience or research data, the department determines does not pose a threat of becoming an invasive species and is commonly grown in this state for the purpose of human food consumption, commercial feed, foodstuffs, forage for livestock, nursery stock, or silviculture.

Before a business can obtain the required special permit under Florida Statute § 581.083(4), the state requires a Non-Native Species Planting bond in the amount of 150% of the estimated cost to remove and destroy all non-native plants; however, the required amount of this bond may not exceed $5,000 per acre.

The amount you pay will largely depend on the scope of your operations, the estimated costs associated with the removal and destruction of the plants, as well as your credit history. With The ProSure Group, well-qualified applicants with strong financial credentials could qualify to pay as low as 1% of the required bond amount.

Yes - the bond will renew annually and remain in place as long as the special permit is required and is in place. The bond does contain a 30-day cancellation clause, in which case the surety bonding company can request cancellation of the bond; this, in turn, would put the validity of the permit in jeopardy.

Each application for a special permit must be accompanied by:

• A fee, as described in the permit application
• A bond (for each separate growing location) in an amount determined by the department, but not more than 150% of the estimated cost of removing and destroying the cultivated plants. The bond or certificate of deposit may not exceed $5,000 per acre, unless a higher amount is determined by the department to be necessary to protect public health, safety, and welfare.
  • The bond is to be issued by a surety company admitted to do business in this state on a form approved by the department
  • or a certificate of deposit;
  • or other type of security adopted by rule of the department, which provides a financial assurance of cost recovery for the removal of a planting.
• The application must include, on a form provided by the department, the name of the applicant and the applicant’s address or the address of the applicant’s principal place of business, as well as a statement completely identifying the non-native plant to be cultivated 
• A statement of the estimated cost of removing and destroying the plant that is the subject of the special permit and the basis for calculating or determining that estimate.
• If the applicant is a corporation, partnership, or other business entity, the applicant must also provide in the application the name and address of each officer, partner, or managing agent.

Upon obtaining a permit, the permit holder may annually cultivate and maintain the non-native plants as authorized by the special permit. If the permit holder ceases to maintain or cultivate the plants authorized by the special permit, if the permit expires, or if the permit holder ceases to abide by the conditions of the special permit, the permit holder shall immediately remove and destroy the plants that are subject to the permit, if any remain. The permit holder shall notify the department of the removal and destruction of the plants within 10 days after such event.

As a Florida surety bond company that's been in the bond business since 1993, our team of surety bond experts focuses on delivering a quick, easy, and reliable bonding process to all of our clients at the lowest available rates on the market. Whether you are looking for Non-Native Species Planting bonds or any other type of surety bond in Florida, The ProSure Group can help you find the best bonding solution for your business. Contact us today for a free, no-obligation quote.