Definitions, Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists, Issuance of Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists, To Harvest Plants on the Threatened Plant List,...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-40.001Definitions

5B-40.003Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists

5B-40.004Issuance of Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists

5B-40.005To Harvest Plants on the Threatened Plant List

5B-40.0055Regulated Plant Index

5B-40.0056Procedures for Amending the Regulated Plant Index

5B-40.008Investigating Suspected Violations, Preservation of Endangered, Commercially Exploited and/or Threatened Plants Involved, and Reporting Suspected Violations

5B-40.010Endangered and Threatened Native Flora Conservation Grants Program

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 71, April 13, 2015 issue of the Florida Administrative Register.

5B-40.001 Definitions.

(1) For the purpose of this rule chapter, the definitions in Sections 581.011 and 581.185(2), Florida Statutes, and the following definitions shall apply:

(a)a. Commercially exploited plant list. Plants designated in paragraph 5B-40.0055(1)(c), F.A.C., as commercially exploited.

(b)b. Commissioner. The Commissioner of Agriculture as head of the Florida Department of Agriculture and Consumer Services.

(c)c. Council. The Endangered Plant Advisory Council.

(d)d. Department. The Florida Department of Agriculture and Consumer Services.

(e)e. Director. The Director for the Division of Plant Industry.

(f)f. Eligible Applicant. A corporation located in Florida 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)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)h. Endangered Plant List. Plants designated in paragraph 5B-40.0055(1)(a), F.A.C., as endangered.

(i)i. Grant Award. The dollar amount of a grant approved by the Commissioner within the Endangered and Threatened Native Flora Conservation Grants program.

(j)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)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)l. Grantee. The recipient of a grant award.

(m)m. Native Plant. A plant species that is presumed to have been present in Florida before European contact.

(n)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)o. Shipment or Shipments. The act or process of transferring or moving plants or plant products from one point to another.

(p)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)q. Threatened Plant List. Plants designated in paragraph 5B-40.0055(1)(b), F.A.C., as threatened.

(r)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) No change.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.01, Amended 1-31-88, 12-3-91, 5-21-96, 1-7-98, 10-5-98, __________.

 

5B-40.003 Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists.

No change.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.03, Amended 1-31-88, 9-20-00,_____.

 

5B-40.004 Issuance of Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.04, Amended 1-31-88, 9-20-00, Repealed _______.

 

5B-40.005 To Harvest Plants on the Threatened Plant List.

No change.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.05, Amended 1-31-88,_______.

 

5B-40.0055 Regulated Plant Index.

(1) All plants listed on the Endangered Plant List, the Threatened Plant List, and the Commercially Exploited Plant List as set forth herein are referred to as regulated. Information concerning scientific name, references, common names, family, and descriptions for these listed plants is available in the Florida Department of Agriculture and Consumer Services, Division of Plant Industry’s “Notes on Florida’s Endangered and Threatened Plants,” (Bureau of Entomology, Nematology and Plant Pathology – Botany Section, Contribution No. 38, 5th edition – 2010).  A copy of the publication may be obtained from http://www.flrules.org/Gateway/reference.

(a) Endangered Plant List. The following plants shall be included in the Endangered Plant List:

1. through 388. No change.

389. Strumpfia maritimae - pride-of-Big-Pine

390. through 391. No change.

392. Symphoricarpos orbiculatus- cCoralberry

393. through 446. No change.

(b) Threatened Plant List. The following plants shall be included in the Threatened Plant List:

1. through 99. No change

100. Stenorrhynchuos lanceolatums - leafless beaked orchid

101. Swietenia mahagoni – West Indian mahogany

102. through 118. No change.

(c) No change.

(2) No change.

Rulemaking Authority 570.07(23), 581.185 FS. Law Implemented 570.07(13), 581.185 F.S.  History–New 12-3-91, Amended 9-20-93, 5-21-96, 12-10-96, 1-7-98, 10-5-98, 9-20-00, 2-13-03, 4-22-04,______.

 

5B-40.0056 Procedures for Amending the Regulated Plant Index.

No change.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-16-92, Amended 9-20-00,_______.

 

5B-40.008 Investigating Suspected Violations, Preservation of Endangered, Commercially Exploited and/or Threatened Plants Involved, and Reporting Suspected Violations.

No change.

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185(9) FS. History–New 3-6-80, Formerly 5B-40.08, Amended 1-31-88, 9-20-93, 9-20-00,______.

 

5B-40.010 Endangered and Threatened Native Flora Conservation Grants Program.

(1) through (2) No change.

(3) Activities Eligible for Funding.

(a) Activities which are eligible to receive Endangered and Threatened Native Flora Conservation grant funding are: activities which provide recognition of those native flora to the state that are endangered and threatened; and activities that encourage the protection, curation, propagation, reintroduction, and monitoring of native flora that are identified as endangered or threatened.

(b) No change.

(4) No change.

(5) Application Review.

(a) through (c) No change.

(d) The council shall evaluate each application on the basis of the proposed project, the prospective grantee, and the public purpose of the project. The applicant must successfully document that it meets the evaluation standards specified in the Endangered And Threatened Native Flora Conservation Grants Application, FDACS 08271, Revised 10/14. Endangered and Threatened Native Flora Conservation Grants Program Application Evaluation Form, FDACS-08423, Revised 10/14, which is incorporated herein by reference and may be obtained by writing to 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.

(e) through (i) No change.

(6) Grant Award Contract.

(a) All grant awards which have been approved in accordance with subsection 5B-40.010(5)(6), F.A.C., of this rule shall be made by formal grant award contract.

(b) No change.

(c) The grant award contract shall include at a minimum the following specific provisions:

1. through 6. No change.

(7) Accounting Requirements.

(a) No change.

(b) The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for:

1. No change.

2. Records that adequately adequatley identify the sources and application of funds for all activities related to the grant.

3. No change.

(8) No change.

Rulemaking Authority 570.07(23), 581.185(9), (11), FS. Law Implemented 570.07(13), 581.185(9), (11), FS. History–New 1-7-98, Amended 10-5-98, 9-20-00, ______.