To revise the department’s list of regulated plants and noxious weeds to be in concert with the U.S. Fish and Wildlife Service’s Endangered Species List.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-40.001Definitions

5B-40.0055Regulated Plant Index

PURPOSE AND EFFECT: To revise the department’s list of regulated plants and noxious weeds to be in concert with the U.S. Fish and Wildlife Service’s Endangered Species List.

SUMMARY: The proposed rule adopts revisions to the regulated plant index recommended by the Endangered Plant Advisory Council.

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 past experiences with this rule editing and outcomes of this review committee. Additionally, no interested party submitted additional information regarding the 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: 570.07(13), 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: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-40.001 Definitions.

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

(a) through (l) No change.

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

(n) through (r) No change.

(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, 8-20-15, ________.

 

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 album – white-flowered plantain Plantain

23. through 33. No change

34. Baccharis dioica – broom-bush, presumed extirpated

35. through 73. No change.

74. Cereus robinii – tree cactus

75. through 85. renumbered 74. through 84. No change.

8586. Cissampelos pareira – Pareira brava, presumed extirpated

87. through 94. renumbered 86. through 93. No change.

9495. Conradina etonia – Etonia etonia rosemary

96. through 149. renumbered 95. through 148. No change.

149150. Erigonum longifolium var. gnaphalifolium Eriogonum floridanum – scrub buckwheat

151. through 180. renumbered 150. through 179. No change.

180181. Hasteola robertiorum – Gulf hammock Indian- indian-plantain

182. through 217. renumbered 181. through 216. No change.

218. Leochilus labiatus – lipped orchid

219. through 227. renumbered 217. through 225. No change.

226228. Lindera melissifolia – pondberry, presumed extirpated

229. through 300. renumbered 227. through 298. No change.

299301. Pilosocereus polygonus bahamensis – Bahamian treecactus

300. Pilosocereus robinii – tree cactus

302. through 307. renumbered 301. through 306. No change.

307. Platanthera chapmanii – Chapman’s fringed orchid

308. through 366. No change.

367. Sideroxylon reclinatum spp. austrofloridense – Florida bully

367. through 385. renumbered 368. through 386. No change.

387386. Stachys aspera tenuifolia – narrow-leaved betony

387. through 398. renumbered 388. through 399. No change.

400399. Thalictrum thalictroides – rue- Rue-anemone

400. through 438. renumbered 401. through 439. No change.

439. Xyris chapmanii – Chapman’s yellow-eyed-grass

440. through 448. No change.

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

1. through 36. No change.

37. Harrisella porrecta filiformis – threadroot orchid

38. through 68. No change.

69. Pinguicula planifolia Pinguicula planifolia – swamp butterwort

70. Pithecellobium keyense Pithecellobium keyense – Keys’ blackbead

71. through 95. No change.

96. Spermacoce neoterminalis terminalis – false buttonweed

97. through 118. No change.

(c) Commercially Exploited Plant List – The following plants shall be included in the Commercially Exploited Plant List:

1. through 7. No change.

8. Serenoa repens – saw palmetto

98. Zamia spp. – coontie; all native species

(2) No change.

(a) Those plants listed as endangered under Section 4 of the Federal Endangered Species Act of 1973 as amended are restricted in movement and handling under this rule to conform with the regulations of the Endangered Species Act and with the rules and regulations of the United States Department of the Interior regarding endangered plants. The names of plant species on the federal list below may differ from the names listed in subsection 5B-40.0055(1), F.A.C.; therefore in those instances, Florida’s reference is in parentheses. Those plants listed as endangered on the federal list, and known to be established in Florida, are:

1. through 5. No change. 

6. Chamaecrista lineata var. keyensis (Cassia keyensis) – Key cassia

6. through 15. Renumbered 7. through 16. No change.

1716. Cucurbita okeechobeensis ssp. okeechobeensis (Cucurbita okeechobeensis) – Okeechobee gourd

18. Dalea carthagenensis – Florida prairie clover

17. through 31. renumbered 19. through 33. No change.

34. Linum arenicola – sand flax

32. through 34. renumbered 35. through 37. No change.

3835. Pilocereus robinii (Cereus robinii) – tree cactus

36. through 47. renumbered 39. through 50. No change.

51. Trichomanes punctatum spp. floridanum (Trichomanes punctatum) – Florida bristle fern

48. through 49. renumbered 52. through 53. No change.

5450. Ziziphus celata  Ziziphus celata – scrub ziziphus

(b) Those plants listed as threatened under Section 4 of the Federal Endangered Species Act of 1973 as amended are restricted in movement and handling under this rule to conform with the regulations of the Endangered Species Act and with the rules and regulations of the United States Department of the Interior regarding threatened plants. The names of plant species on the federal list below may differ from the names listed in subsection 5B-40.0055(1), F.A.C.; therefore in those instances, Florida’s reference is in parentheses. Those plants listed as threatened on the federal list, and known to be established in Florida, are:

1. Argythamnia blodgettii – Blodgett’s wild-mercury

1. through 3. renumbered 2. through 4. No change.

5. Digitaria pauciflora – Florida pineland crabgrass

64. Eriogonum longifolium var. gnaphalifolium (Eriogonum floridanum) – scrub buckwheat

5. through 11. renumbered 7. through 13. No change.

14. Sideroxylon reclinatum ssp. austrofloridense – Florida bully

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,________ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith, Division Director

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 20, 2018