The purpose of this rule is to maintain a list of endangered, threatened, or commercially exploited plants. The department’s mission is to ensure that these plants are protected and conservation of Florida’s natural areas is observed.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-40.0055Regulated Plant Index

PURPOSE AND EFFECT: The purpose of this rule is to maintain a list of endangered, threatened, or commercially exploited plants. The department’s mission is to ensure that these plants are protected and conservation of Florida’s natural areas is observed.

SUMMARY: The Endangered Plant Advisory Council met in October 2015 and proposed edits to our plant lists. This proposed rule will address these additions as well as a few misspelled species.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that there is no cost associated with this rule change, and based on past experiences with this same type of circumstance no industry has experienced economic impact.

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 FS.

LAW IMPLEMENTED: 581.185 FS.

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, [phone]

 

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 21. No change.

22. Arnoglossum Arnogolssum album – white-flowered Plantain

23. through 33. No change.

34. Baccharis dioica diocia – broom-bush, presumed extirpated

35. through 57. No change.

57. Calystegia catesbeiana catesbaeiana – Catesby’s bindweed

58. through 88. No change.

89. Cleistes divaricate divaricate – spreading pogonia

90. through 116. No change.

117. Dalbergia brownei brownii – Brown’s Indian rosewood

118. through 306. No change.

307. Plantago rugelii – Rugel’s plantain

307. through 339. renumbered 308. through 340. No change.

341.340. Rhynchospora Phynchospora megaplumosa – hairy spikelet beakrush

341. through 389. renumbered 342. through 390. No change.

391.390. Stylisma abdita – Austin’s dawnflower hidden stylisma

391. through 410. renumbered 392. through 411. No change.

412.411. Trema lamarckiana lamarckianum – Lamarck’s trema

412. through 434. renumbered 413. through 435. No change.

436. Warea cuneifolia – Carolina pineland cress

435. through 446. renumbered 437. through 448. No change.

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

1. through 54. No change.

55. Marsilea ancylopoda – water cover

55. through 115. renumbed 56. through 116. No change.

117.116. Zephyranthes atamasca atamasco – rainlily

117. through 118. renumbered 118. through 119. No change.

(c) 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, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Greg Hodges, Asst. Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 02/11/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 12, 2016; Vol. 42, No. 29