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-40.003 - Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists
Universal Citation: FL Admin Code R 5B-40.003
Current through Reg. 50, No. 187; September 24, 2024
(1) Endangered plants.
(a) To willfully harvest, collect,
pick, remove, injure, or destroy any plant listed as endangered growing on the
private land of another, or on any public land or water, a person shall obtain
the written permission of the owner of the land or water, or their legal
representative.
(b) Any person
desiring to harvest one or more plants, or parts thereof, of a species
contained on the Endangered Plant List, designated in paragraph
5B-40.0055(1)(a),
F.A.C., from the private land of another, or on any public land or water, shall
file with the Division of Plant Industry a Request for Permit to Harvest
Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025,
Revised 05/19, incorporated herein by reference, which may be obtained from the
Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box
147100, Gainesville, FL 32614-7100 or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10858.
(c) Any person transporting for the purpose
of sale, selling, or offering for sale, any plant contained on the Endangered
Plant List, designated in paragraph
5B-40.0055(1)(a),
F.A.C., which is harvested from such person's own property shall file with the
Division of Plant Industry a Request for Permit to Harvest Endangered or
Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025, Revised
05/19.
(d) A request for such a
permit shall meet the following requirements:
1. A written request shall be filed at least
14 calendar days prior to the intended date of harvest.
2. The request shall include a legal
description of the property where harvesting will occur. Also, written
permission is required of the property owner when a person other than the owner
wishes to collect or harvest.
3.
When requested, supply additional information regarding the intended use,
method of collection, reason for collection, and species population on
property.
(2) Commercially exploited plants.
(a) To
willfully harvest, collect, pick, remove, injure, or destroy any plant listed
as commercially exploited, in paragraph
5B-40.0055(1)(c),
F.A.C., growing on the private land of another, or on any public land or water,
a person shall obtain the written permission of the owner of the land or water
or their legal representative.
(b)
Any person desiring to harvest three or more plants or parts thereof of a
species contained on the Commercially Exploited Plant List, designated in
paragraph 5B-40.0055(1)(c),
F.A.C., from the private land of another or on any public land or water shall
file with the Division of Plant Industry a Request for Permit to Harvest
Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025,
Revised 05/19.
(c) Any person
transporting for the purpose of sale, selling, or offering for sale, any plant
contained on the commercially exploited plant list which is harvested from such
person's own property shall file with the Division of Plant Industry a Request
for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant
Part(s), FDACS-08025, Revised 05/19.
(d) A request for such a permit shall meet
the following requirements:
1. A written
request shall be filed at least 14 days prior to the intended date of
harvest.
2. The request shall
include a legal description of the property where harvesting will occur. Also,
written permission is required of the property owner when a person other than
the owner wishes to collect or harvest.
3. When requested, supply additional
information regarding the intended use, method of collection, reason for
collection, and species population on property.
(3) All requests for permits submitted in accordance with rule 5B-40.003, F.A.C., shall be reviewed by the department within 14 days following receipt of the request.
(4) Permits issued for endangered or commercially exploited plants shall be valid for one year for those plants permitted and must be renewed annually by submitting a new application as provided in rule 5B-40.003, F.A.C.
Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS.
New 3-6-80, Formerly 5B-40.03, Amended 1-31-88, 9-20-00, 8-20-15, 8-15-19.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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