Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5B - Division of Plant Industry
Chapter 5B-40 - PRESERVATION OF NATIVE FLORA OF FLORIDA
Section 5B-40.001 - Definitions
Universal Citation: FL Admin Code R 5B-40.001
Current through Reg. 50, No. 187; September 24, 2024
(1) For the purpose of this rule chapter, the definitions in sections 581.011 and 581.185(2), F.S., and the following definitions shall apply:
(a) Commercially exploited plant list. Plants
designated in paragraph
5B-40.0055(1)(c),
F.A.C., as commercially exploited.
(b) Commissioner. The Commissioner of
Agriculture as head of the Florida Department of Agriculture and Consumer
Services.
(c) Council. The
Endangered Plant Advisory Council.
(d) Department. The Florida Department of
Agriculture and Consumer Services.
(e) Director. The Director for the Division
of Plant Industry.
(f) Eligible
Applicant. A corporation that is designated as not-for-profit pursuant to
section 501(c)(3) of the
Internal Revenue Code of 1954, and which is described in, and allowed to
receive contributions pursuant to the provisions of Section
170 of the Internal Revenue Code
of 1954, and which is a corporation not for profit incorporated pursuant to
chapter 617, F.S., and which can demonstrate, based on program criteria, the
ability to protect, conserve, propagate, reintroduce, and monitor endangered
and threatened native flora.
(g)
Endangered Native Flora. A plant listed on the Endangered Plant List of the
Regulated Plant Index designated in paragraph
5B-40.0055(1)(a),
F.A.C.
(h) Endangered Plant List.
Plants designated in paragraph
5B-40.0055(1)(a),
F.A.C., as endangered.
(i) Grant
Award. The dollar amount of a grant approved by the Commissioner within the
Endangered and Threatened Native Flora Conservation Grants program.
(j) Grant Award Contract. The contract signed
by the Commissioner and the Grantee which establishes the grant award,
applicable rules, regulations, and any special conditions for each grant
award.
(k) Grant Period. The length
of time in which a project will be accomplished as set forth in the Grant Award
Contract by the starting date and the ending date.
(l) Grantee. The recipient of a grant
award.
(m) Native Plant. A plant
species, subspecies, or variety of species that is presumed to have been
present in Florida before European contact.
(n) Permit. An official written document
issued by the department giving consent to the permittee to harvest
commercially exploited or endangered plants under conditions described
thereon.
(o) Shipment or Shipments.
The act or process of transferring or moving plants or plant products from one
point to another.
(p) Threatened
Native Flora. A plant listed on the Threatened Plant List of the Regulated
Plant Index designated in paragraph
5B-40.0055(1)(b),
F.A.C.
(q) Threatened Plant List.
Plants designated in paragraph
5B-40.0055(1)(b),
F.A.C., as threatened.
(r) Viable.
A state of health whereby a plant is capable of surviving and functioning in a
way which is common for the species to which it belongs.
(2) The purpose of this rule chapter is to preserve Florida's endangered, threatened, and commercially exploited plants, and to encourage propagation of plant species through the Endangered and Threatened Native Flora Conservation Grants Program.
Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS.
New 3-6-80, Formerly 5B-40.01, Amended 1-31-88, 12-3-91, 5-21-96, 1-7-98, 10-5-98, 8-20-15, 7-17-18.
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