To preserve Florida’s endangered, threatened, and commercially exploited plants.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-40.0055Regulated Plant Index

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

PURPOSE AND EFFECT: To preserve Florida’s endangered, threatened, and commercially exploited plants.

SUMMARY: To revise Florida’s Endangered Plant List and to clarify regulatory activity regarding confiscated plants.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 581.185(4)

LAW IMPLEMENTED: 581.07(13), 581.185, 581.185(9)

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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.

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

1. through 384.  No change.

385. Stachys crenata – shade betony

386. through 448.  Renumbered 385. through 447.

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

1. through 2. No change.

3. Acrostichum aureum – golden leather fern

4. through 32. No change.

33. Erithalis Erithralis  fruticosa – blacktorch

34. through 36. No change.

37. Harisella Harrisella porrecta – threadroot orchid

38. through 99. No change.

100. Stenorrhynchos lanceolatum lanceolatus– leafless beaked orchid

101. 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 FS. 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, 8-20-15, 5-19-16, 11-16-17, 7-17-18,_________.

 

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

Upon any suspected violation of this chapter, any authorized representative of the department shall be empowered to:

(1) through (2) No change.

(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) through (7) 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, 8-20-15,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2019, Vol. 45/178