HomeMy WebLinkAbout1999 05 24 Public Hearings Item C
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COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing X
Regular
May 24. 1999
Meeting
d/
Authorization
Dept.
REQUEST:
The Community Development Department/Code Enforcement
Division requests the City Commission approve changes to
Chapter 5 of the City of Winter Springs Code of Ordinances
relating to tree removal
The purpose of this agenda item is to request the City Commission approve
changes to Chapter 5 of the City of Winter Springs Code of Ordinances.
PURPOSE:
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 5 of the City of Winter Springs Code of Ordinances establishes
procedures for issuance of a permit to remove trees within the city.
Currently, a fee and replacement is required for healthy tree removal. In
order to help control a serious infestation of invasive plants, the community
should be encouraged to remove these invasive plants by the waiver of fees
and installation of city-provided tree when available.
CONSIDERA TIONS:
Invasive, plants are non-native plants that invade Florida's forests and
wetlands. They replace native plant species and often form exotic
monocultures. These stands are not useful to the state's wildlife, which
depends on native plants for food and shelter. Often, the wildlife
disappears from the area of infestation.
The Federal Government has recognized that this infestation of exotic and
invasive plants poses a serious threat to the environment, and the economy.
Executive Order of February , 1999 establishes the means for the
eradication of this invasion. The Department of Environmental Protection
and the St. John's River Water Management District, along with the
Florida Exotic Pest Plant Council have specified certain plants that pose an
MAY 24,1999
AGENDA ITEM
Page 2
immediate threat to the environment and encourage their removal. Class I
plants are those that have been identified as those exotics plants that are
invading and disrupting native plant communities in Florida.
STAFF RECOMMENDATION:
A TT ACHMENTS:
Staff recommends that the City Commission approve changes regarding
tree permit fees and replacement requirements for removal of invasive
species plants.
A. Chapter 5, with proposed changes
B. Executive Order on Invasive Species, February, 1999
C. Florida Exotic Pest Plant Council List of Class I Invasive Species
COMMISSION ACTION:
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ATTACHMENT A
Section 5-1 (6J (19) Tree: Any living self-supporting perennial plant which has a trunk
diameter of at least three (3) four (4) inches measured at caliper and normally grows to
minimum overall crown height of fifteen (15) feet.
Section 5-3 (b) (5)
5. A tree survey of all trees over 6 inches 4 inches or more caliper.
Section 5-3 ( c) (5)
(d) (5) General Criteria for issuance of permits to remove trees. Trees may be authorized
for te-be removal only if they fit into one of the following categories;
(1) Trees located on building and construction sites as shown on approved plans and to
be replaced elsewhere on the property.
(2) Trees within ten (10) feet of a proposed or an existing structure or other improvement
and to be replaced elsewhere on the property.
(3) Trees severely diseased, 6f injured, or dead.
(4) Trees which will interfere with provision of aboveground installations and replaced
elsewhere on the property.
(5) Trees which have been approved by the forester to be replaced elsewhere on the
property.
(6) Trees. which appear on the Florida Exotic Pest Plant Council's List ofInvasive
Plants. Class 1.
Section 5-4 (e) 1
(1) Tree topping; It shall be unlawful for any person, or firm to top any street tree, park
tree or other tree on public or private property without a permit from the city forester.
Topping is defined as the severe cutting back oflimbs to stubs larger than three (3)
inches in diameter within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree.
2) Tree sculpturing; Trees may be topped when topping is part of a landscape plan
design or program to sculpt trees to accommodate a desired design or design theme.
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EXfcutlve r er on Invasive peCHfs
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ATTACHMENT B
EXECUTIVE ORDER
INVASIVE SPECIES
By the authority vested .n me as President by the Constitution and
the laws of the United stat s of America, including the National
Environmental Policy Act of 1969, as amended (42 V.S.C. 4321 et seq.),
Nonindigenous Aquatic Nuisa ce Prevention and Control Act of 1990, as
amended (16 U.S.C. 4701 et eq.), Lacey Act, as amended (18 U.S.C. 42),
Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed
Act of 1974, as amended (7 .S.C. 2801 et seq.), Endangered Species Act
of 1973, as amended (16 V.S.C. 1531 et seq.), and other pertinent
statutes, to prevent the in roduction of invasive species and provide
for their control and to mi imize the economic, ecological, and human
health impacts that invasiv species cause, it is ordered as follows:
Section 1.
Definitions.
(a) "Alien species" mean
any species, including its
material capable of propaga
ecosystem.
, with respect to a particular ecosystem,
eeds, eggs, spores, or other biological
ing that species, that is not native to that
(b) "Control" means, as ppropriate, eradicating, suppressing,
reducing, or managing invas.ve species populations, preventing spread of
invasive species from areas where they are present, and taking steps
such as restoration of nati e species and habitats to reduce the effects
of invasive species and to revent further invasions.
(cl "Ecosystem"
environment.
complex of a community of organisms and its
(d) "Federal agency" mea s an executive department or agency, but
does not include independen establishments as defined by 5 U.S.C. 104.
(e) "Introduction" means the intentional or unintentional escape,
release, dissemination, or lacement of a species into an ecosystem as a
result of human activity.
(f) "Invasive species" mans an alien species whose introduction does.
or is likely to cause econo ic or environmental harm or harm to human
health.
(g) "Native species" mea s, with respect t6 a particular ecosystem, a
species that, other than as a result of an introduction, historically
occurred or currently occur in that ecosystem.
(h) "Species" means a gr
degree of physical and gene
among themselves, and show
groups of organisms.
up of organisms all of which have a high
ic similarity, generally interbreed only
ersistent differences from members of allied
(i) "Stakeholders" means but is not limited to, State, tribal, and
local government agencies, cademic institutions, the scientific
community, nongovernmental ntities including environmental,
agricultural, and conservat'on organizations, trade groups, commercial
interests, and private landowners.
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'E~cecutive Order on Invasive Speci~s
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(j) "United States" mean~ the 50 States, the District of Columbia,
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Puerto R~co, Guam, and all possessions, territories, and the territorial
sea of the United States. I
Sec. 2. Federal Agency puties. (a) Each Federal agency whose
actions may affect the stat~s of invasive species shall, to the extent
practicable and permitted bt law,
(1) identify such actio s;
(2) subject to the avail
Administration budgetary li
to: (i) prevent the introd
respond rapidly to and cont
cost-effective and environm
species populations accurat
restoration of native speci
have been invaded; (v) cond
technologies to prevent int
sound control of invasive s
invasive species and the me
(3) not authorize, fund,
likely to cause or promote
species in the United state
that it has prescribed, the
determination that the bene
potential harm caused by in
prudent measures to minimiz
with the actions. I
(b) Federal agencies sha
section in consultation wit
with the Invasive Species M
stakeholders, as appropriat
state, when Federal agencie
organizations and foreign n
bility of appropriations, and within
its, use relevant programs and authorities
ction of invasive species; (ii) detect and
01 populations of such species in a
ntally sound manner; (iii) monitor invasive
ly and reliably; (iv) provide for
s and habitat conditions in ecosystems that
ct research on invasive species and develop
oduction and provide for environmentally
ecies; and (vi) promote public education on
ns to address them; and
carry out actions that it believes are
he introduction or spread of invasive
or elsewhere unless, pursuant to guidelines
agency has determined and made public its
its of such actions clearly outweigh the
asive species; and that all feasible and
risk of harm will be taken in conjunction
1 pursue the duties set forth in this
the Invasive Species Council, consistent
nagement Plan and in cooperation with
, and, as approved by the Department of
are working with international
tions.
Sec. 3. Invasive Specie Council. (a) An Invasive Species Council
(Council) is hereby establi hed whose members shall include the
Secretary of State, the Sec etary of the Treasury, the Secretary of
Defense, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Commerce, I he Secretary of Transportation, and the
Administrator of the Enviro mental Protection Agency. The Council shall
be Co-Chaired by the Secret ry of the Interior, the Secretary of
Agriculture, and the Secret ry of Commerce. The Council may invite
additional Federal agency r presentatives to be members, including
representatives from subcab'net bureaus or offices with significant
responsibilities concerning invasive species, and may prescribe special
procedures for their partic.pation. The Secretary of the Interior
shall, with concurrence of he Co-Chairs, appoint an Executive Director
of the Council and shall pr vide the staff and administrative support
for the Council.
(b) The Secretary of the Interior shall establish an advisory
committee under the Federal Advisory Committee Act,S U.S.C. App., to
provide information and adv.ce for consideration by the Council, and
shall, after consultation w'th other members of the Council, appoint
members of the advisory co ittee representing stakeholders. Among
other things, the advisory ommittee shall recommend plans and actions
at local, tribal, State, re ional, and ecosystem-based levels to achieve
the goals and objectives of the Management Plan in section 5 of this
order. The advisory commit ee shall act in cooperation with
stakeholders and existing 0 ganizations addressing invasive species.
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The Department of the Inter~or shall provide the administrative and
financial support for the a,visory committee.
Sec. 4. Duties of the IfvaSive Species Council. The Invasive
Species Council shall provi e national leadership regarding invasive
species, and shall:
(a) oversee the implemen ation of this order and see that the Federal
agency activities concernin invasive species are coordinated,
complementary, cost-efficie t, and effective, relying to the extent
feasible and appropriate on existing organizations addressing invasive
species, such as the Aquati Nuisance Species Task Force, the Federal
Interagency Committee for t e Management of Noxious and Exotic Weeds,
and the Committee on Enviro ment and Natural Resources;
(b) encourage planning a
and ecosystem-based levels
Management Plan in section
stakeholders and existing 0
d action at local, tribal, State, regional,
o achieve the goals and objectives of the
of this order, in cooperation with
ganizations addressing invasive species;
(c) develop recommendati ns for international cooperation in
addressing invasive species.
(d) develop, in consulta
Quality, guidance to Federa
Environmental Policy Act on
including the procurement,
they affect invasive specie
ion with the Council on Environmental
agencies pursuant to the National
prevention and control of invasive species,
se, and maintenance of native species as
(e) facilitate developme t of a coordinated network among Federal
agencies to document, evalu te, and monitor impacts from invasive
species on the economy, the environment, and human health;
(f) facilitate establish
information-sharing system
practicable, the Internet;
exchange of information con
limited to, information on
species; life histories of
economic, environmental, an
techniques, and laws and pr
education; and
of a coordinated, up-to-date
utilizes, to the greatest extent
his system shall facilitate access to and
erning invasive species, including, but not
istribution and abundance of invasive
uch species and invasive characteristics;
human health impacts; management
grams for management, research, and public
(g) prepare and issue a ational Invasive Species Management Plan as
set forth in section 5 of t is order.
Sec. 5. Invasive Specie Management Plan. (a) Within 18 months
after issuance of this orde , the Council shall prepare and issue the
first edition of a National Invasive Species Management Plan (Management
Plan), which shall detail a d recommend performance-oriented goals and
objectives and specific mea ures of success for Federal agency efforts
concerning invasive species. The Management Plan shall recommend
specific objectives and mea ures for carrying out each of the Federal
agency duties established i section 2(a) of this order and shall set
forth steps to be taken by he Council to carry out the duties assigned
to it under section 4 of th.s order. The Management Plan shall be
developed through a public rocess and in consultation with Federal
agencies and stakeholders.
(b) The first edition of the Management Plan shall include a review
of existing and prospective approaches and authorities for preventing
the introduction and spread of invasive species, including those for
identifying pathways by whi h invasive species are introduced and for
minimizing the risk of intr ductions via those pathways, and shall
identify research needs and recommend measures to minimize the risk that
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.E,:xecutive Order on Invasive Speci~s
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in~roductions will occur. ~UCh recommended measures shall provide for a
sc~ence-based process to evaluate risks associated with introduction and
spread of invasive species bnd a coordinated and systematic risk-based
process to identify, monitot, and interdict pathways that may be
involved in the introductioh of invasive species. If recommended
measures are not authorized by current law, the Council shall develop
and recommend to the Presid nt through its Co-Chairs legislative
proposals for necessary cha ges in authority.
(cl The Council shall up ate the Management Plan biennially and shall
concurrently evaluate and r port on success in achieving the goals and
objectives set forth in the Management Plan. The Management Plan shall
identify the personnel, oth r resources, and additional levels of
coordination needed to achi ve the Management Plan's identified goals
and objectives, and the Cou cil shall provide each edition of the
Management Plan and each re ort on it to the Office of Management and
Budget. Within 18 months a ter measures have been recommended by the
Council in any edition of t e Management Plan, each Federal agency whose
action is required to imple ent such measures shall either take the
action recommended or shall provide the Council with an explanation of
why the action is not feasi le. The Council shall assess the
effectiveness of this order no less than once each 5 years after the
order is issued and shall r port to the Office of Management and Budget
on whether the order should be revised.
Sec. 6. Judicial Review and Administration. (al This order is
intended only to improve th internal management of the executive branch
and is not intended to crea e any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or equity
by a party against the Unit,ed States, its agencies, its officers, or any
other person.
(bl Executive Order
(cl The requirements of his order do not affect the obligations of
Federal agencies under 16 U.S.C. 4713 with respect to ballast water
programs.
7 of May 24, 1977, is hereby revoked.
(d) The requirements of
to any action of the Depart
Secretary of State or the S
such requirements is necess
reasons.
ection 2(a) (3) of this order shall not apply
ent of State or Department of Defense if the
cretary of Defense finds that exemption from
ry for foreign policy or national security
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 3, 1999.
# # #
Federal Intera enc Committee fo the Mana ement of Noxious and Exotic Weeds
http://refuges.fws.gov/FICMNEWFiles/e.html-- Revised: 4 February 1999
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.199<7 Invasive Plant List
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?~ Exotic Pest Plant Council's
ATTACHMENT C
,
1997
List of lorida's Most Invasive Species
Purpose: To focus attention on:
1. The impacts exotic pest pIa ts have on native bio-diversity in Florida ecosystems.
2. The impact of exotic pest p ants on the integrity of native plant community functions.
3. Habitat losses due to exoti plant infestations.
4. The impacts of exotic plant on endangered species via habitat loss and alteration (e.g., Cape
Sable seaside sparrow).
5. The need to prevent such I sses by comprehensive management for exotic pest plants.
6. The socioeconomic impact of exotic pest plants (e.g., increased wildfires in Melaleuca).
7. Changes in the seriousness f different exotic pest plants over time.
8. The need to provide inform tion that will help managers set priorities for management.
Definitions: Exotic-a non-indiginous species, or one introduced to this state, either purposefully or
accidentally; it then escaped into t e wild in Florida where it reproduces on its own either sexually or
asexually. Native-a species alrea y occurring in Florida at the time of European contact (1500)
Invasive-is a variable condition ( efined by the category to which the species is assigned.
Abbreviations used: for "Governrner t listed": P=Prohibited by Fla. Dept. of Environmental Protection, N=Noxious
weed as listed by Fla. Dept. of Agricultun & Consumer Services and/or U.S. Department of Agriculture.
Category I-Species that are invading 1lI d disrupting native plant communities in Florida. This definition does not rely on
the economic severity or geographic ran e of the problem, but on the documented ecological damage caust;d.
Scientific Name Common name FLEPPC Government Listed
Rank
Abrus precatorius_ Rosary pea I
Acacia (luriculiformis Earleaf acacia I
Albizia lebbeck_ Woman's tongue I
Ardisia crenata (= A. crenulata) coral ardisia I
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Ardisia elliptica (=A. humilis) I shoebutton ardisia I
Asparagus densiflorus I asparagus fern I
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Bauhinia variegata i orchid tree I
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Bischofia javanica I bischofia I
Brachiaria mutica_( = UrochlJa Para grass
mutica) I
Calophyllum antillanum (=C. calrba; santa maria (names "mast I
C. inophyllum, often misapplied if wood," "Alexandrian laurel"
cultivation) used in cultivation)
Cassia cohlteoides~(~Senna pendrlal climbing cassia, Christmas I
cassia, Christmas senna
CaszLGrina equisetifolia Australian pine I P
CaszLGrina glauca suckering Australian pine I P
Cestrum diumum I day jasmine I
Cinnamomum camphora I camphor-tree I
Colocasia esculenta I wild taro I
Colubrina asiatica I lather leaf I
Cupaniopsis anacardioides I carrotwood I
Dioscorea alata I winged yam I
Dioscorea bulbifera_ I air-potato I
Eichhomia crassipes I water hyacinth I P
Eugenia uniflora I Surinam cherry I
Ficus microcarpa (=F nitida; =1 laurel fig I
retusa var. nitida)
Hydrilla verticillata hydrilla I P,N
Hygrophila polysperma green hygro I P,N
Hymenachne amplexicaulis I West Indian marsh grass I
Imperata cylindrica (=Imperata I cogon grass I N
brasiliensis)
Ipomoea aquatica water spinach I P,N
Jasminum dichotomum - Gold Coast jasmine I
Jasminum fluminense . I
asm1l1e
Lantana camara lantana I
Lig7lstrum sinense I Chinese privet, hedge privet I
Lonicera japonica_ Japanese honeysuckle I
Lygodillm japonicllm I Japanese climbing fern I
!
Lygodillm microphyllum I Old World climbing fern r
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Macfadyena unguis-cali I claw vine I
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Ardisia elliptica (=A. humilis) ! shoebutton ardisia I
Asparagus densiflorus I asparagus fern I
i
Bauhinia variegata I orchid tree I
Bischofia javanica I bischofia I
Brachiaria mutica_( = Urochlla Para grass
mutica) I
Calophyllum antillanum (=C. catba; santa maria (names "mast I
C. inophyllum, often misapplied T wood," "Alexandrian laurel"
cultivation) used in cultivation)
Cassia coluteoides_(=Senna pendula) climbing cassia, Christmas I
cassia, Christmas senna
CaszlGrina equisetifolia Australian pine I P
CaszlGrina glauca I suckering Australian pine I P
Cestrum diurnum I day jasmine I
Cinnamomum camphora I camphor-tree I
Colocasia esculenta I wild taro I
Colubrina asiatica I lather leaf I
I
Cupaniopsis anacardioides I carrotwood I
I
Dioscorea alata I winged yam I
Dioscorea bulbifera_ I air-potato I
I
Eichhornia crassipes I water hyacinth I P
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Eugenia uniflora I Surinam cherry I
I
Ficus microcarpa (=F. nitida; =, laurel fig I
retusa var. nitida)
Hydrilla verticil/ata hydrilla I P,N
Hygrophila polysperma green hygro I P,N
Hymenachne amplexicaulis I West Indian marsh grass I
Imperata cylindrica (=Imperata I cogon grass I N
brasiliensis)
Ipomoea aquatica water spinach I P,N
Jasminum dichotomum - I Gold Coast jasmine I
Jasminum fluminense liasmine I
Lantana camara I lantana I
Ligustrum sinense I Chinese privet, hedge privet I
Lonicera japonica Japanese honeysuckle I
Lygodium japonicum ! Japanese climbing fern I
Lygodium microphyllum I Old World climbing fern I
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Macfadyena unguis-cali I claw vine I
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Melaleuca quinquenervia_ melaleuca, broad-leaf paper I P,N
bark
Melia azedarach I Chinaberry I
Mimosa pigra I catclaw mimosa I P,N
Nandina domestica nandina, heavenly bamboo I
Nephrolepis cordifolia I sword fern I
Neyraudia reynaudiana Burma reed; cane grass I
Paederia foetida skunk vine I
Panicum repens torpedo grass I
Pennisetum purpureum Napier grass I
Pistia stratiotes water lettuce I p
Psidium cattleianum (=P. littoralR) strawberry guava I
Psidium guajava guava I
Pueraria montana_(=P. lobata) kudzu I
Rhodomyrtus tomentosa downy rose-myrtle I
Rhoeo spathacea_(=R. discolor) oyster plant I
Sapium sebiferum popcorn tree, Chinese tallow I
tree
Scaevola sericea (=Scaevola tac~~da scaevola, half-flower, beach I
var. sericea, S. frutescens; S. seri ea) naupaka
Schefflera actinophylla (=Brassa~a scheffiera I
actinophylla)
Schinus terebinthifolius Brazilian pepper I P,N
Solanum tampicense (=S. houst01 ii) aquatic soda apple I
Solanum torvum turkey berry I N
Solanum viarum tropical soda apple I N
Syzygium cumin( ambolan, Java plum I
Tectaria incisa incised halberd fern I
Thespesia populnea_ seaside mahoe I
Tradescantia jluminensis white-flowered wandering I
jew
Category II-Species that have shown a potential to disrupt native plant communities. These species may become ranked
as Category I, but have not yet demonstr ted disruption of natural Florida communities.
Scientific Name Common name FLEPPC Government Listed
Rank
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Adenanthera pavonina I red sandlewood II
Agave sisalana I sisal hemp II
Albizia julibrissin mimosa II
Aleurites fordii tung oil tree II
!Alstonia macrophylla devil-tree II
IAlternanthera phi loxeroides alligator weed II P
Antigonon leptopus coral vine II
Aristolochia littoralis calico flower II
Asystasia gangetica_ Ganges primrose II
Broussonetia papyrifera paper mulberry II
Callisia fragrans inch plant, spironema II
Casuarina cunninghamiana Australian pine II p
Cereus undatus night-blooming cereus II
Clerodendron bungei strong-scented glorybower II
Cryptostegia madagascariensis rubber vine II
umbrella plant II
Cyperus alternifoliu.
(=c. involucratus)
Cyperus prolifer dwarf papyrus II
Dalbergia sissoo I Indian dalbergia, sissoo II
Enterolobium contortisliquum I ear-pod tree II
Epipremnum pinnatum_cv. Aureu~ pothos II
Ficus altissima I false banyan II
Ficus benjamina_ weeping fig II
Ficus religiosa bo tree II
Flacourtia indica governor's plum II
Flueggea virosa flueggea II
Hibiscus tiliaceus mahoe II
Hiptage benghalensis hyptage II
Jasminum sambac Arabian jasmine II
Koelreuteria elegans golden shower tree II
Leucaena leucocephala lead tree II
Ligustrum japonicum Japanese privet II
Ligustrum lucidum Glossy privet
II
Melinis mil1uliflora molasses grass If
Merremia 11Iberosa wood-rose II
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Murraya paniculata_ orange-Jasmme II
Myriophyllum spicatum Eurasian water-milfoil II P
Nephrolepis multiflora Asian sword fern II
Ochrosia parviflora (=0. elliptic~) kopsia II
Oeceoclades maculata ground orchid II
Paederia craddasiana . . . II
sewer vme, OnIon vme
Passiflora foetida stinking passion-flower II
Phoenix reclinata reclining date palm II
Pittosporum pentandrum pittosporum II
Pittosporum toMra Japanese pittosporum II
Rhynchelytrum repens Natal grass II
Sansevieria hyacinthoides_(=S. bowstring hemp II
trifasciata)
Solanum diphyllum twinleaf nightshade II
Solanum jamaicense Jamiaca nightshade II
Syngonium podophyllum arrowhead vine II
Syzygium jambos_ rose-apple II
Terminalia catappa tropical almond II
Tribulus cistoides puncture vine, burnut II
Triphasia trifoliata lime berry II
Urena lobata Caesar's weed II
Wedelia trilobata I wedelia II
Wisteria sinensis Chinese wisteria II
Xant hosoma sagittifolium melanga, elephant ear' II
Citation example:
Florida Exotic Pest Plant Council. FLEPPC 1997 List of Florida's Most Invasive Species. Internet:
http:// www.fleppc.org/97Iist.htm
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