DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5B-40.003Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists
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. 45 No. 56, March 21, 2019 issue of the Florida Administrative Register.
5B-40.003 Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists.
(1) Endangered plants
(a) No change.
(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, Rev. 05/19 03/19, 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-05661.
(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, Rev. 05/19 03/19.
(d) A request for such a permit shall meet the following requirements:
1. through 2. No change.
3. When requested, supply additional information regarding the intended use, method of collection, reason for collection, and species population on property. Supply additional information upon request by the department to ensure the preservation of the species. (such as intended use, method of collection, reason for collection, and species population on property.)
(2) Commercially exploited plants.
(a) No change.
(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, Rev. 05/19 03/19.
(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, Rev. 05/19 03/19.
(d) A request for such a permit shall meet the following requirements:
1. through 2. No change.
3. When requested, supply additional information regarding the intended use, method of collection, reason for collection, and species population on property. Supply additional information upon request by the department to ensure the preservation of the species. (such as intended use, method of collection, reason for collection, and species population on property.)
(3) through (4) No change.
