Fla. Admin. Code R. 5B-40.008
Investigating Suspected Violations, Preservation of Endangered, Commercially Exploited and/or Threatened Plants Involved, and Reporting Suspected Violations
Effective Mar 6, 2025Rulemaking Authority 570.07(23), 581.185(4), 581.189(5), (9) FS. Law Implemented 570.07(13), 581.185(9), 581.189(5), (9) FS.Department of Agriculture and Consumer Services
Upon any suspected violation of this chapter, any authorized representative of the department shall be empowered to:
- (1) Request identification of the person involved and vehicles utilized in the transportation of the endangered, commercially exploited, and/or threatened plants as well as information on the origin and destination of such plants.
- (2) Take an inventory of the endangered, commercially exploited, and/or threatened plants involved.
- (3) Take temporary possession of the endangered, commercially exploited, and/or threatened plants awaiting appropriate documentation. If the appropriate documentation is not presented within 30 days from the date of confiscation, the plants shall become the property of the department and shall be donated to a not-for-profit organization as outlined in subsection 5B-40.008(6), F.A.C. Perishable commodities (fruit or berries) will not be maintained during this period.
- (4) Endangered, commercially exploited, and/or threatened plants being harvested or moved in suspected violation of this chapter shall be maintained in a viable condition by the person having possession until action is taken to allow movement or the plants in question are confiscated.
- (5) Endangered, commercially exploited, and/or threatened plants that legally become the property of the department shall be donated to a not-for-profit organization such as a botanical garden or state park for preservation purposes. Such donations shall be documented by the department.
- (6) Pursuant paragraph 581.189(5)(b), F.S., law enforcement agencies that seize unlawfully harvested saw palmetto berries shall annually submit information regarding the quantity and description of berries seized, as well as the location from where they were harvested, if known. This information must be submitted to the department by email to DPI-Permits@FDACS.gov.
- (7) Any permit that has been issued shall be withdrawn by an authorized representative of the department if it is determined that the holder thereof has not complied with any condition for the use of the document. The reasons for the withdrawal shall be confirmed in writing and shall provide notice of the right to an administrative hearing in accordance with Sections 120.569 and 120.57, F.S.
Rulemaking Authority 570.07(23), 581.185(4), 581.189(5), (9) FS. Law Implemented 570.07(13), 581.185(9), 581.189(5), (9) FS. History–New 3-6-80, Formerly 5B-40.08, Amended 1-31-88, 9-20-93, 9-20-00, 8-20-15, 1-8-20, 3-6-25.