Title: Wildlife, Chapter 372
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Title: Wildlife, Chapter 372
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Wildlife, Chapter 372
General Note: Box 7, Folder 1 ( Vail Conference 1987 - 1987 ), Item 39
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Full Text







F.S. 1985 WILDLIFE Ch. 372


and attested by its director shall constitute sufficient evi-
dence of the action of the commission; and copies of the
minutes of the commission, or any part thereof, or of any
record or paper of said commission, or any part thereof,
or of any rule, regulation, or order of the commission, or
any part thereof, or of any code of rules, regulations or
orders of the commission, or any part thereof, certified
by the director of the commission under its seal, shall be
admissible in evidence in all cases and proceedings in
all courts, boards and commissions of this state without
further authentication.
NHis .-s 3 ch 21945. 1943 s 4. ch 26766,1951
Not.-Former s 37261

372.06 Meetings of the commission.-At least four
meetings of the Game and Fresh Water Fish Commis-
sion shall be held at the state capital no less frequently
than once every 3 months, which meetings shall be
known as the quarterly meetings of the commission; oth-
er meetings may be held at such times and places as
may be decided upon or as provided by rules of the
commission, such meetings to be called by the execu-
tive secretary on not less than 1 week's notice to all
members of the commission; or meetings may be held
upon the request in writing of three members of the
commission, at a time and place to be designated in the
request, and notice of such meetings shall be given at
least 1 week in advance thereof to all members of the
commission by the executive secretary. Three members
shall constitute a quorum at any meeting of the commis-
sion. No action shall be binding when taken up by the
commission, except at a regular or call meeting and duly
recorded in the minutes of said meeting.
istory.-s 2. ch 13644 1929, s 1. ch 17016 1935. CGL 1936 Supp 1977(2)

372.061 Meetings; authority to hold at any point in
state.-From and after June 15, 1953, the Game and
Fresh Water Fish Commission of the state is hereby au-
thorized and empowered to hold its meetings at any
point in the state.
IHitofy.-ss 1, 2. ch 28319. 1953: 16 ch 7895
372.07 Police powers of commission and its
agents.-
(1) The Game and Fresh Water Fish Commission,
the director and his assistants designated by him, and
each wildlife officer are constituted peace officers with
the power to make arrests for violations of the laws of
this state when committed in the presence of the officer
or when committed on lands under the supervision and
management of the commission. The general laws appli-
cable to arrests by peace officers of this state shall also
be applicable to said director, assistants, and wildlife of-
fcers. Such persons may enter upon any land or waters
of the state for performance of their lawful duties and
may take with them any necessary equipment, and such
entry shall not constitute a trespass
(2) Said officers shall have power and authority to
enforce throughout the state all laws relating to game,
nongame birds, freshwater fish, and fur-bearing animals
Bnd all rules and regulations of the Game and Fresh Wa-
ter Fish Commission relating to wild animal life and
freshwater aquatic life, and in connection with said laws,


rules, and regulations, in the enforcement thereof and in
the performance of their duties thereunder, to:
(a) Go upon all premises, posted or otherwise;
(b) Execute warrants and search warrants for the vi-
olation of said laws;
(c) Serve subpoenas issued for the examination, in-
vestigation, and trial of all offenses against said laws;
(d) Carry firearms or other weapons, concealed or
otherwise, in the performance of their duties;
(e) Arrest upon probable cause without warrant any
person found in the act of violating any of the provisions
of said laws or, in pursuit immediately following such vio-
lations, to examine any person, boat, conveyance, vehi-
cle. game bag, game coat, or other receptacle for wild
animal life or freshwater aquatic life, or any camp, tent,
cabin, or roster, in the presence of any person stopping
at or belonging to such camp, tent, cabin, or roster,
when said officer has reason to believe, and has exhibit-
ed his authority and stated to the suspected person in
charge his reason for believing, that any of the aforesaid
laws have been violated at such camp;
(f) Secure and execute search warrants and in pur-
suance thereof to enter any building, enclosure, or car
and to break open, when found necessary, any apart-
ment, chest, locker, box, trunk, crate, basket, bag, pack-
age. or container and examine the contents thereof;
(g) Seize and take possession of all wild animal life
or freshwater aquatic life taken or in possession or under
control of, or shipped or about to be shipped by, any per-
son at any time in any manner contrary to said laws.
(3) It is unlawful for any person to resist an arrest au-
thorzed by this section or in any manner to interfere, ei-
ther by abetting, assisting such resistance, or otherwise
interfering with said director, assistants, or wildlife offi-
cers while engaged in the performance of the duties im-
posed upon them by law or regulation of the Game and
Fresh Water Fish Commission.
M ,t l -s 3. ch 13644. 1929. 1. ch 17016. 1935. GL 1936 Supp 1977(3).
s 7. c 22858. 1945. 1, ch 70-404

372.071 Powers of arrest by agents of Department
of Natural Resources or Game and Fresh Water Fish
Commission.-Any certified law enforcement officer of
the Department of Natural Resources or the Game and
Fresh Water Fish Commission, upon receiving informa-
tion, relayed to him from any law enforcement officer sta-
tioned on the ground, on the water, or in the air, that a
driver, operator, or occupant of any vehicle, boat, or air-
boat has violated any section of chapter 327, chapter
328, chapter 370, or chapter 372, may arrest the driver,
operator, or occupant for violation of said laws when rea-
sonable and proper identification of the vehicle, boat, or
airboat and reasonable and probable grounds to believe
that the driver, operator, or occupant has committed or
is committing any such offense have been communicat-
ed to the arresting officer by the other officer stationed
on the ground, on the water, or in the air.
Mis .-s 1.ch 70-396. 1.ch 79-217
372.072 Endangered and Threatened Species Act.
(1) SHORT TITLE.-This section may be cited as the
'Florida Endangered and Threatened Species Act of
1977.
43













Ch. 372 WILDLIFE F.S. 198s


(2) DECLARATION OF POLICY.-The Legislature
recognizes that the State of Florida harbors a wide diver-
sity of fish and wildlife and that it is the policy of this
state to conserve and wisely manage these resources,
with particular attention to those species defined by the
Game and Fresh Water Fish Commission, the Depart-
ment of Natural Resources, or the U.S. Department of In-
terior, or successor agencies, as being endangered or
threatened As Florida has more endangered and threat-
ened species than any other continental state, it is the
intent of the Legislature to provide for research and
management to conserve and protect these species as
a natural resource
(3) DEFINITIONS.-As used in this section:
(a) "Fish and wildlife" means any member of the ani-
mal kingdom, including, but not limited to, any mammal,
fish, bird, amphibian, reptile, mollusk, crustacean, ar-
thropod, or cther invertebrate.
(b) "Endangered species" means any species of fish
and wildlife naturally occurring in Florida, whose pros-
pects of survival are in jeopardy due to modification or
loss of habitat, over-utilization for commercial, sporting,
scientific, or educational purposes: disease: predation;
inadequacy of regulatory mechanisms; or other natural
or manmade factors affecting its continued existence.
(c) "Threatened species" means any species of fish
and wildlife naturally occurring in Florida which may not
be in immediate danger of extinction, but which exists
in such small populations as to become endangered if
it is subjected to increased stress as a result of further
modification of its environment.
(4) INTERAGENCY COORDINATION.-
(a)1. The Game and Fresh Water Fish Commission
shall be responsible for research and management of
freshwater and upland species.
2. The Department of Natural Resources shall be re-
sponsible for research and management of marine spe-
cies.
(b) Recognizing that citizen awareness is a key ele-
ment in the success of this plan, the Game and Fresh
Water Fish Commission, the Department of Natural Re-
sources, and the Office of Environmental Education of
the Department of Education are encouraged to work to-
gether to develop a public education program with em-
phasis on, but not limited to, both public and private
schools.
(5) ANNUAL REPORT.-The Director of the Game
and Fresh Water Fish Commission, in consultation with
the Executive Director of the Department of Natural Re-
sources, shall, at least 30 days prior to each annual ses-
sion of the Legislature, transmit to the Governor and
Cabinet, the President of the Senate, the Speaker of the
House of Representatives, and the chairmen of the ap-
propriate Senate and House committees, a revised and
updated plan for management and conservation of en-
dangered and threatened species, including criteria for
research and management priorities: a description of
the educational program; statewide policies pertaining
to protection o' endangered and threatened species;
additional legislation which may be required. and the
recommended level of funding for the following year,
along with a progress report and budget request.


Nistory.-ss 1 2 3 4. 5 6 ch 77375 s 4,ch 78323, 82. ch 79 164 26,
ch 8385 s 28 ch 83218

372.073 Endangered and Threatened Species Re-
ward Trust Fund.-
(1) There is established within the Game and Fresh
Water Fish Commission the Endangered and Threat-
ened Species Reward Trust Fund to be used exclusively
for the purposes of this section. The fund shall be for the
primary purpose of posting rewards to persons respon-
sible for providing information leading to the arrest and
conviction of persons illegally killing or wounding or
wrongfully possessing any of the endangered and
threatened species listed on the official Florida list of
such species maintained by the commission or the ar-
rest and conviction of persons who violate s. 372.667 or
s. 372.671. The fund shall be credited with money col-
lected pursuant to s. 372.72(2). Additional funds may be
provided by donations from interested individuals and
organizations and from legislative appropriations. The
reward program is to be administered by the commis-
sion. The commission shall establish a schedule of re-
wards.
(2) Proceeds from the fund shall be expended only
for the following purposes:
(a) The payment of rewards to persons, other than
law enforcement officers, commission personnel, and
members of their immediate families, for information as
specified in subsection (1); or
(b) The promotion of public recognition and aware-
ness of the endangered and threatened species reward
program
ittory.-s 2, ch 79-217. s 29 ch 83.218
372.09 State Game Trust Fund.-The funds result-
ing from the operation of the commission and from the
administration of the laws and regulations pertaining to
birds, game, fur-bearing animals, freshwater fish, rep-
tiles, and amphibians, together with any other funds
specifically provided for such purposes shall constitute
the State Game Trust Fund and shall be used by the
commission as it shall deem fit in carrying out the provi-
sions hereof and for no other purposes. The commission
may not obligate itself beyond the current resources of
the State Game Trust Fund unless specifically so author-
ized by the Legislature.
Nistoy.-- 13. ch 13644. 1929. s t. ch 17016. 135. CGL 1936 Supp 1977(3).
S7. ch 22858. 1945
372.12 Acquisition of state game lands.-The
Game and Fresh Water Fish Commission, with the ap-
proval of the Governor, may acquire, in the name of the
state, lands and waters suitable for the protection and
propagation of game, fish, nongame birds or fur-bearing
animals, or for hunting purposes, game farms, by pur-
chase, lease, gift or otherwise to be known as state
game lands. The said commission may erect such build-
ings and fences as may be deemed necessary to prop-
erly maintain and protect such lands, or for propagation
of game, nongame birds, freshwater fish or fur-bearing
animals. The title of land acquired by purchase, lease.
gift or otherwise, shall be approved by the Department
of Legal Affairs The deed to such lands shall be deposit-
ed as are deeds to other state lands. No such lands shall










...Ch.. 56SLolID SR .... 101MI


be assessed, collected, and enforced against the owner
by the department
nmtory.-s 18, ch 59261, 6 ch 61-409. 14.35.ch 9 106, 4 ch 70-49
S9. ch 79 158
581.182 Citrus plants and citrus plant products
from other states, territories, or foreign countries.-
(1) It is unlawful for any person to introduce into this
state from another state, territory, or foreign country any
citrus plant or citrus plant product or propagation there-
from without a permit issued by the department. Any
such citrus plant or citrus plant product or propagation
therefrom introduced into the state from another state,
territory, or foreign country without a permit issued by
the department, or any plants propagated thereafter
from such materials, are unlawful and declared to be
contraband and shall be confiscated and destroyed. No
compensation shall be allowed for any plant, product, or
propagation confiscated and destroyed pursuant to this
section.
(2) Application for a permit to introduce into this
state from another state, territory, or foreign country any
citrus plant or citrus plant product or propagation there-
from shall be made on an application form to be formu-
lated by the department
(3) In considering an application for a permit to intro-
duce into this state from another state, territory, or for-
eign country any citrus plant or citrus plant product or
propagation therefrom, the department shall consider
the following guidelines:
(a) Only budwood of clones not available in Florida
will be introduce ; and no citrus budwood will be permit-
ted entry if the dc sired clone is known to be reproduc-
ible by seed. Not more than 25 buds of any single clone
will be permitted entry.
(b) The clones introduced must:
1. Have been evaluated by the Citrus Budwood
Registration Committee as having desirable and superi-
or characteristics to warrant testing under Florida field
conditions prior to possible release as a new clone; or
2. Be of a type desirable:
a. For research; or
b. As a breeding stock to be used by the agricultural
experiment stations in Florida.
(c) The parent trees from which the imported citrus
budwood is to be taken must be free, or apparently free,
from serious citrus pests. Whenever possible, budwood
must be taken from plants adequately tested and certi-
fied free of disease at the point of origin.
(d) Each shipment of imported citrus budwood must
be accompanied by a special permit issued by the Divi-
sion of Plant Industry of the Department of Agriculture
and Consumer Services and must be sent directly to the
Division of Plant Industry in Gainesville, Florida.
(e) All introduced citrus budwood must be grown for
a minimum of 21/2 years in a secure Division of Plant In-
dustry greenhouse or screenhouse that has been made
as insect-proof as feasible, or under other acceptable
conditions mutually agreed upon by the division and the
importer of budwood. It shall be isolated from other cit-
rus as much as possible During this period, introduced
budwood shall be subject to tests for tristeza, vein ena-
tion, yellow vein, exocortis, psorosis, xyloporosis, stub-


born, tatter leaf, and all other known citrus virus diseas-
es for which there are reliable tests Such tests will be
started as soon as possible after arrival of the budwood
in Florida. After a complete determination, the budwood
will be released to the person or institution responsible
for its growing, testing, propagation, and distribution.
(f) At the end of no less than 2'/2 years, or when
tests are completed, new clones will be evaluated by the
Citrus Budwood Registration Committee. If the commit-
tee recommends the release and distribution of any
clone to the industry, a portion of this clone will be vali-
dated and maintained in a Division of Plant Industry
planting.
NMitoy.-s I.ch 76 189
581.183 New citrus varieties.-It is unlawful for any
person to sell or propagate for sale any tree which repre-
sents a new citrus variety brought into the state after
July 1, 1977, as defined by law or by rule adopted by the
department, if the tree was propagated or is being prop-
agated by graft or budwood from a tree which the De-
partment of Agriculture and Consumer Services has not
indexed and certified as free from citrus diseases, in-
cluding, but not limited to, tristeza, necrotic ring spot,
exocortis, xyloporosis, psorosis, and vein enation. The
cost of indexing shall be paid by the person desiring to
have the tree indexed. Any tree offered for sale or sold
which was propagated from a tree which is not indexed
is contraband and shall be confiscated and destroyed
by the department without compensation.
Mtorf.-s 2. ch 77-98. 2, ch 77-386
581.185 Preservation of native flora of Florida.-
(1) LEGISLATIVE DECLARATION.-The Legislature
finds and declares that it shall be the public policy of this
state to: provide recognition of those plant species na-
tive to the state that are endangered, threatened, or
commercially exploited; protect the native flora from un-
lawful harvesting on both public and privately owned
lands, provide an orderly and controlled procedure for
restricted harvesting of native flora from the wild, thus
preventing wanton exploitation or destruction of native
plant populations; encourage the propagation of native
species of flora; and provide the people of this state with
the information necessary to legally harvest native
plants so as to ultimately transplant those plants with
the greatest possible chance of survival.
(2) DEFINITIONS.-
(a) "Commercially exploited plants' means species
native to the state which are subject to being removed
in significant numbers from native habitats in the state
and sold or transported for sale.
(b) .ndana[erd plants" means s ocies of plants na-
tive to the state that are in imminent anger of extinction
within the state, the survival of which is unlikely if the
causes of a decline in the number of plants continue,
and includes all species determined to be endangered
or threatened pursuant to the Federal Endangered Spe-
cies Act of 1973, as amended, Pub. L. No. 93-205 (87
Statute 884).
(c) "Harvest" means to dig up, remove, or cut and re-
move from the place where grown.
(d) "Landowner" includes the public agency admin-
istering any public lands.


5891. S.F


Ch. 581


ALP NT INDUSTRY









Ch. 681


PLANT INDUSTRY


(e) "Plant" means any member of the plant kingdom,
including reproductive and vegetative parts thereof
(f) "Regulated Plant Index" means the total number
of species native to the state that are listed as commer-
cially exploited plants, endangered plants, and threat-
ened plants.
(g) "Species" means a category used in classifica-
tion of plants by the binomial system of nomenclature
which differentiates between plants of a given genus.
This includes any subordinate subspecies or variety.
(h) Threatened plants" means species native to the
state that are in rapid decline in the number of plants
within the state, but which have not so decreased in
such number as to cause them to be endangered.
(3) PROHIBITIONS; PERMITS.-
(a) With regard to any plant listed as an endangered
plant on the Regulated Plant Index provided in subsec-
tion (5), it is unlawful for any person to willfully destroy
or harvest any such plant growing on the private land of
another or on any public land without first obtaining the
written permission of the landowner or legal representa-
tive thereof and a permit from the department as provid-
ed in this section. However, permits cannot be issued
for species listed on the Federal Endangered Species
List under the Federal Endangered Species Act of 1973,
as amended.
(b) With regard to any plant listed as a threatened
plant on the Regulated Plant Index provided in subsec-
tion (5), it is unlawful for any person to willfully destroy
or harvest any such plant growing on the private land of
another or on any public land without first obtaining the
written permission of the landowner or legal representa-
tive thereof.
(c) With regard to any plant listed as a commercially
exploited plant on the Regulated Plant Index provided
in subsection (5), it is unlawful for any person to willfully
destroy or harvest one or two such plants growing on
the private land of another or on any public land without
first obtaining the written permission of the landowner
or legal representative thereof or to destroy or harvest
three or more such plants without first obtaining permis-
sion from the landowner or legal representative thereof
and a permit from the department.
(d) With regard to any plant listed on the Regulated
Plant Index provided in subsection (5), it shall be unlaw-
ful for any person to falsify any paper or document is-
sued to give permission for any person to destroy or har-
vest such plants, or to fail to comply with all conditions
or stipulations of any permit issued, or to transport, car-
ry, or convey on any public road or highway or sell or of-
fer for sale in any place any such plant collected in viola-
tion of this section. Any person willfully destroying or
harvesting; transporting, carrying, or conveying on any
Public road or highway: or selling or offering for sale any
plant listed in the Regulated Plant Index must have a
permit, if applicable, and the written permission required
by this section in his immediate possession at all times
when engaged in any of such activities.
(4) RULES -The department is authorized to es-
tablish rules relating to the issuing of permits required
by this section. The department may also establish by
rule specific cutting, harvesting, and plant care criteria
which shall include the most favorable and practical hor-


ticultural methods and seasons to assure the survival of
the plants, minimize environmental damage, and pro.
vide for natural regeneration. Such rules shall be consis-
tent with the legislative intent cited in this section and
with the provisions and requirements of the Federal En-
dangered Species Act of 1973, as amended.
(5) REGULATED PLANT INDEX.-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) Endanoered Plant List.-The following plants
shall be included in the Endangered Plant List:
1. Acacia choriophylla (tamarindillo).
2. Acrostichum aureum (golden leather fern).
3. Adiantum melanoleucum (fragrant maidenhair


fern).
4.
5.
6.
7.
8.
9.
10.
wort).
11.
12.
13.
14.
15.
16.
17.
18.
chid).
19.
swamp
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.

35.
36.
37.
gourd).
38.
39.
chid).
40.


Amorpha crenulata (Miami lead plant).
Aquilegia canadensis (Columbine).
Aristida floridana (Key West three-awn)
Asclepias curtissii (Curtiss milkweed)
Asimina tetramera (four-petal pawpaw).
Asplenium auritum (auricled spleenwort) (fern).
Asplenium monanthes (San Felasco spleen-

Asplenium pumilum (dwarf spleenwort).
Asplenium serratum (bird's-nest spleenwort).
Blechnum occidentale (sinkhole fern).
Bonamia grandiflora (Florida bonamia).
Bulbophyllum pachyrhachis (Rat-tail orchid)
Burmannia flava (Fakahatchee Burmannia).
Campanula robinsiae (Chinsegut bellflower)
Campylocentrum pachyrrhizum (leafless or-

Campyloneurum angustifolium (narrow
fern).
Cassia keyensis (Key cassia).
Catesbaea parviflora (dune lily-thorn).
Catopsis spp (all native species catopsis).
Celtis iguanaea (Iguana hackberry).
Celtis pallida (spiny hackberry).
Centrogenium setaceum (spurred Neottia).
Cereus eriophorus (Indian River prickly-apple).
Cereus gracilis (West Coast prickly-apple).
Cereus robinii (tree cactus).
Chamaesyce garberi (Garber's spurge)
Chionanthus pygmaeus (pygmy fringe-tree).
Chrysophyllum oliviforme satinleaff).
Chrysopsis cruiseana (Cruise's golden-aster).
Chrysopsis floridana (Florida's golden-aster).
Clusia rose (balsam apple).

Cordia sebestena (Geiger tree).
Croomia pauciflora (croomia).
Cucurbita okeechobeensis (Okeechobee

Cupania glabra (cupania).
Cyrtopodium punctatum (cowhorn or cigar or-

Deeringothamnus pulchellus (white squirrel-


banana)
41. Deeringothamnus rugelii (yellow squirrel-
banana)


3.70


1


r
i
I










PLANT INDUSTRY


42. Dennstaedtia bipinnata (cuplet fern).
43. Dicerandra cornutissima (Robin's mint)
44. Dicerandra trutescens (Lloyd's mint).
45 Dicerandra immaculate (Olga's mint).
46 Encyclia boothiana (Epidendrum boothianum)
(dollar orchid).
47. Encyclia pygmaea (dwarf epidendrum).
48. Epidendrum acunae (Acuna's epidendrum).
49 Epigaea repens (trailing arbutus).
50 Eugenia rhombea (red stopper).
51. Gentiana pennelliana (wiregrass gentian).
52 Gossypium hirsutum (wild cotton)
53. Guaiacum sanctum (lignum vitae).
54. Guzmania monostachia (Fuch's bromeliad).
55 Harperocallis flava (Harper's beauty).
56 Hedeoma graveolens (mock pennyroyal).
57. Hepatica americana liverleaff).
58. Hypericum cumulicola (highlands scrub hy-
pericum).
59. Hypericum lissophloeus (smooth-barked St.
Johns-wort)
60. lonopsis utricularioides (delicate ionopsis or-
chid).
61. Jacquemontia curtissii (pineland jacquemon-
tia).
62. Jacquemontia reclinata (beach jacquemontia).
63. Justicia cooleyi (Cooley justicia).
64. Lepanthopsis melanantha (tiny orchid).
65. Liatris ohlingerae (scrub blazing-star).
66. Liatris provincialis (Godfrey's blazing-star).
67. Licaria triandra (licaria).
68. Lilium iridollae (panhandle lily).
69. Linum arenicola (sand flax).
70. Lupinus aridorum (McFarlin's lupine).
71. Lycopodium dichotomum (hanging club-
moss).
72. Macbridea alba (white birds-in-a-nest).
73. Magnolia ashei (Ashe magnolia).
74. Magnolia pyramidata (pyramidal magnolia).
75. Mallotonia gnaphalodes (sea-lavender).
76. Matelea spp. (all native species) (spiny-pod).
77. Maxillaria crassifolia (hidden orchid).
78. Monotropa hypopithys (pine-sap).
79. Monotropsis reynoldsiae (pygmy-pipes).
80. Nemastylis floridana (fall-flowering ixia).
81. Nolina atopocarpa (Florida beargrass).
82. Okenia hypogaea (burrowing four-o'clock).
83. Oncidium variegatum (dancing-lady orchid).
84. Ophioglossum palmatum (hand fern).
85 Oxypolis greenmanii (giant water-dropwort).
86. Pachysandra procumbens (Allegheny-spurge).
87. Parnassia grandifolia (grass-of-Parnassus).
88. Peperomia spp. (all native species) (pepe-
romia).
89 Phoradendron rubrum (mahogany mistletoe).
90. Pityopsis flexuosa (golden-aster).
91. Polygala lewtonii (Lewton polygala).
92 Polygala smallii (tiny polygala).
93 Polyrrhiza lindenii (ghost orchid).
94 Pseudophoenix sargentii (buccaneer palm).
95 Remirea maritima (beach-star).
96 Restrepiella ophiocephala (snake orchid).


97. Rhexia parviflora (Apalachicola meadow-
beauty)
98 Rhipsalis baccifera (mistletoe cactus)
99 Rhododendron alabamense (Alabama azalea).
100. Rhododendron austrinum (orange azalea)
101. Rhododendron chapmanii (Chapman's rhodo-
dendron).
102. Ribes echinellum (Miccosukee gooseberry)
103. Roystonea elata (Flonda royal palm).
104. Rudbeckia nitida (St John's-Susan).
105. Sachsia bahamensis (Bahama sachsia)
106. Sarracenia leucophylla (white-top pitcher-
plant).
107. Sarracenia rubra (red-flowered pitcher-plant).
108. Schizaea germanii (tropical curly-grass).
109. Spigelia gentianoides (gentian pinkroot)
110. Spigelia loganioides (Levy pinkroot)
111. Spiranthes polyantha (Ft. George ladies.


tresses).
112.
113.
114.
115.
116.


Stewartia malacodendron (silky camellia)
Strumplia maritima (pride-of-big-pine).
Suriana maritima (bay cedar).
Taxus floridana (Florida yew).
Tectaria coriandrifolia (Hattie Bauer halberd


fern)
117. Tillandsia pruinosa (fuzzy-wuzzy air-plant)
118. Torreya taxifolia (Florida torreya).
119 Trillium lancifolium (lance-leaved wake-robin)
120. Tropidia polystachya (Young-palm orchid)
121. Vanilla barbellata (worm-vine orchid).
122. Veratrum woodii (false heliebore).
123. Vicia ocalensis (Ocala vetch)
124. Viola hasta!a (halberd-leaved yellow violet)
125. Warea amplexifolia (clasping warea).
126. Warea carter (Carter-warea).
127. Xyris longisepala (Karst pond xyris).
128. Zanthoxylum flavum (yellowheart).
129. Zephyranthes simpsonii (Simpson zephyr-lily)
(b) Threatened Plant List.-The following plants
shall be included in the Threatened Plant List:
1. Bromeliads-all species of the bromeliad fami-
ly, sometimes known as air plants or wild pines, native
to the state except Tillandsia usneoides, the Spanish
moss, and Tillandsia recurvata, the ball moss, which are
specifically excluded from this section, and except
those included in the Endangered Plant List or the Com-
mercially Exploited Plant List.
2. Cacti-all native species of cacti, except the
spreading or prostrate-growing species of Opuntia.
which are specifically excluded from this section, and
except those included in the Endangered Plant List or
the Commercially Exploited Plant List.
3. Ferns-all species of the fern families native to
the state, except Blechnum serrulatum (swamp fern).
Osmunda (cinnamon and royal fern), Polypodium
aureum (serpent fern), Polypodium polypodioides (res-
urrection fern), Pteris aquilinum (common bracken). The-
lypteris normalis (shield fern), and Woodwardia virginica
(Virginia chain fern), which are specifically excluded
from this section, and except those included in the En-
dangered Plant List or the Commercially Exploited Plant
List


144
|=7


Ch. 581


F.S. 1rss










p- 1985 PLAT YCh_. M8


4 lex-all native species (holly), except Ilex cas-
sine (cassine), liex coriacea (large gallberry), Ilex glabra
gallberryy), hlex myrtifolia (myrtle-leafed holly), lhex opa-
ca (American holly), and Ilex vomitoria yauponn), which
are specifically excluded from this section, and except
those included in the Endangered Plant List or the Com-
mercially Exploited Plant List.
5. Orchids-all species of the orchid family, both
epiphytic and terrestrial, native to the state, except
those included in the Endangered Plant List or the Com-
mercially Exploited Plant List.
6. Palms-all species of the palm family native to
the state, except Sabal palmetto (cabbage palm) and
Serenoa repens (saw palmetto) and except those includ-
ed in the Endangered Plant List or the Commercially Ex-
ploited Plant List.
7. Rhododendron-all native species (azalea),
except those included in the Endangered Plant List or
the Commercially Exploited Plant List.
8 Zephyranthes-all white species (zephyr-lily),
except those included in the Endangered Plant List or
the Commercially Exploited Plant List.
9. Actaea pachypoda baneberryy).
10. Anemonella thalictroides (Rue-anemone).
11. Aristolochia tomentosa (Dutchman's pipe).
12. Asclepias curtisii (sandhill milkweed).
13. Asclepias viridula (green milkweed).
14. Aster spinulosus pinewoodss aster).
15. Baptisia hirsute (hairy wild-indigo).
16. Baptisia megacarpa (Apalachicola wild-


indigo).
17.
18.
19.
20.
21.
22
23.
24.
25.
26.
27.
28
29.
30
31.
32
33.
34.
violet).
35.
36
37.
38
39
40
41
42
43
44.
45
46


Baptisia simplicifolia (scare-weed).
Brickellia cordifolia (Flyr's nemesis).
Bumelia lycioides buckthornn).
Cacalia diversifolia (Indian-plantain).
Calamintha ashei (Ashe Calamintha).
Callirhoe papaver (poppy mallow).
Calycanthus floridus (sweet-shrub).
Cienfuegosia heterophylla (yellow hibiscus).
Clitoria fragrans (pigeon-wing).
Commelina gigas (climbing dayflower).
Conradina glabra (Apalachicola rosemary).
Cornus alternifolia (pagoda dogwood).
Cryptotaenia canadensis (honewort).
Drosera intermedia (water sundew).
Eragrostis tracyi (Sanibel lovegrass).
Eriogonum floridanum (scrub buckwheat).
Emodea littoralis (beach-creeper).
Erythronium umbilicatum (dimpled dogtooth

Eugenia confuse (redberry eugenia).
Eugenia simpsonii (Simpson eugenia).
Garberia heterophylla (garberia).
Hartwrightia floridana (hartwrightis).
Hexastylis arifolia (heartleaft).
Hippomane mancinella (manchineel).
Hydrangea arborescens (wild hydrangea).
Hypelate trifoliata (inkwood).
Hypericum edisonianum (Edison ascyrum).
Ilex krugiana (Krug holly).
Illicium floridanum (Florida anise).
Ilicium parviflorum (star anise).


47. Jacquinia keyensis joewoodd)
48 Kalmia latilolia (mountain laurel)
49 Lietneria flotidana corkwoodd)
50 Lilium catesbaei (catesby lily)
51 Linum westii (west flax)
52 Litsea aestivalis (pond-spice).
53 Lobelia cardinalis (cardinal flower)
54. Lupinus westianus (Gulfcoast lupine).
55 Magnolia acuminate (cucumber-tree)
56. Malus angustifolia (crabapple)
57. Marshallia obovata (Barbara's-buttons).
58 Medeola virginiana (Indian cucumber-root).
59 Phyllanthus liebmannianus (pine-wood dain-
ties)
60. Pinckneya bracteata (fever-tree)
61 Polygala rugelii (big yellow polygala).
62 Polygonella macrophylla (large-leaved joint-
weed)
63. Polygonum meisnerianum (Mexican tear-
thumb)
64 Prunus geniculata (scrub plum).
65. Rhexia lutea (yellow meadow-beauty)
66 Ruellia noctiflora (night-flowering ruellia).
67. Salix floridana (Florida willow).
68 Sarracenia minor (hooded pitcher-plant).
69 Sarracenia psittacina (parrot pitcher-plant).
70 Scaevola plumieri inkberryy).
71. Schisandra glabra (schisandra)
72. Sphenostigma coelestinum (Bartram's ixia).
73. Staphylea trifolia (bladder-nut).
74. Swietenia mahagoni (mahogany).
75 Tetrazygia bicolor (tetrazygia).
76. Tillandsia flexuosa (twisted air-plant).

77. Verbesina chapmanii (Chapman crownbeard)
78. Xyris scabrifolia (Harper's yellow-eyed-grass).
(c) Commercially Exploited Plant List.-The follow-
ing plants shall be included in the Commercially Exploit-
ed Plant List:
1. Coccothrinax argentata (silver palm)
2. Osmunda regalis (royal fern).
3. Rhapidophyllum hystrix (needle palm).
4. Rhododendron canescens (pink azalea).
5. Thrinax floridana (Florida thatch palm).
6. Thrinax microcarpa (brittle thatch palm)
7. Tillandsia fasciculata (common wild-pine).
8. Tillandsia utriculata (giant wild-pine).
9. Zamia spp. (all native species) coontiee).
(6) ADHERENCE TO SECTION 6 OF THE ENDAN-
GERED SPECIES ACT.-The Federal Endangered Spe-
cies Act of 1973, as amended, promulgated by the U.S.
Congress, classifies species of plants as endangered or
threatened and places certain limitations on removal of
these plants from the wild:
(a) Those plants listed as endangered under the
Federal Endangered Species Act of 1973, as amended,
are restricted in collection, movement, and handling un-
der this statute to conform with the regulations of the
Endangered Species Act, and rules and regulations of
the United States Department of the Interior regarding
endangered plants. Nothing in this statute shall be con-
strued to permit a person to violate any provision of the
Federal Endangered Species Act of 1973. as amended


Ch. s1


F S. 1985


i-


PLANT INDUSTRY















Those plants listed as endangered on the federal list
and known to be established in Florida are:
1. Cerus robinii (tree cactus).
2. Harperocallis flava (Harper's beauty).
3. Rhododendron chapmanii (Chapman's rhodo-
dendron)
4. Torreya taxifolia (Florida torreya).
5. Any other species of plants known to be estab-
lished in Florida, which may be added to the Federal En-
dangered Species endangered plant list.
(b) Those plants listed as threatened under the Fed-
eral Endangered Species Act of 1973, as amended, are
restricted in collection, movement, and handling under
this statute to conform with the regulations of the En-
dangered Species Act, and rules and regulations of the
U.S Department of the Interior regarding threatened
plants. Nothing in this statute shall be construed to per-
mit a person to violate any provision of the Federal En-
dangered Species Act of 1973, as amended. Those
plants listed as threatened on the federal list and known
to be established in Florida are any species of plants
known to be established in Florida which may be added
to the Federal Endangered Species threatened plant
list.
(7) REVIEW.-
(a) Beginning in 1984, a comprehensive review of
this section and of the Regulated Plant Index provided
in subsection (5) shall be made by the department and
the Endangered Plant Advisory Council at 4-year inter-
vals. The department shall report its findings and recom-
mendations and those of the Endangered Plant Advisory
Council to the Legislature by January 31 prior to the con-
vening of the regular legislative session following each
such review.
(b) The department shall notify the Legislature prior
to the next ensuing regular legislative session of any
species of plant that should be placed on the Regulated
Plant Index which is in danger of disappearing from its
native habitat within the foreseeable future throughout
all or a significant portion of the range of the species be-
cause of:
1. Present or threatened destruction, modification,
or curtailment of the range of the species.
2. Overutilization of the species for commercial, sci-
entific, or educational purposes.
3. Disease or predation.
4. Any other natural or manmade factor affecting the
continued existence of the species.
(c) In carrying out reviews and arriving at recommen-
dations under paragraphs (a) and (b), the department
and the advisory council shall use the best scientific and
commercial data available and shall consult with inter-
ested persons and organizations.
(8) DEFENSES.-In any prosecution under this sec-
tion, it shall be a defense that plants or the flowers,
roots, bulbs, or other parts thereof transported, carried,
or conveyed, or sold or offered for sale, by the party
were legally imported from another country. In any pros-
ecution under this section involving the destruction or
harvesting of any plant on the Threatened Plant List, or
one or two plants on the Commercially Exploited Plant
List. without written permission, it shall be an affirmative
defense that actual permission was given prior to such


destruction or harvesting. In any prosecution under this
section involving the destruction or harvesting of any
plant on the Endangered Plant List, or three or more
plants on the Commercially Exploited Plant List, without
written permission and a permit, it shall be an affirmative
defense that written permission and a permit had in fact
been granted prior to such destruction or harvesting.
(9) SALES BY NURSERYMEN.-Licensed, certified
nurserymen who grow from seeds or by vegetative prop-
agation any of the native plants on the Regulated Plant
Index provided in subsection (5) are specifically permit-
ted to sell these commercially grown plants and shall not
be in violation of this section if they do so, as it is the in-
tent of this section to preserve and encourage the prop-
agation of these native plants which are rapidly disap-
pearing from the state.
(10) EXEMPTIONS.-No provision of this section
shall apply to:
(a) The clearing or other disturbance of land for agri-
cultural or silvicultural purposes, fire control measures,
or required mining assessment work.
(b) The clearing or removal of regulated plants from
a canal, ditch, survey line, building site, or road or other
right-of-way by the landowner or his or her agent.
(c) The clearing of land by a public agency or a pub-
licly or privately owned public utility when acting in the
performance of its obligation to provide service to the
public.
(11) DUTIES AND AUTHORITY OF DEPARTMENT.
-The department shall:
(a) As part of the regular inspection of nurseries and
stock dealer establishments, be on the alert for any of
the native plants on the Regulated Plant Index provided
in subsection (5) which appear suddenly at a given nur-
sery or stock dealer establishment in a mature stage or
a stage showing several years of growth, and 'the de-
partment is empowered to request proof of where and
how such plants were obtained.
(b) Have the authority to enter upon properties
where harvesting or storage of regulated plants is sus-
pected, to inspect vehicles or other means of transport-
ing such plants, and to preserve and take custody of
plants harvested or moved in violation of this section, in
order to assure compliance with the provisions of this
section.
(c) Have the authority to conduct investigations of
plants native, or thought to be native, to the state for the
purpose of compiling information relative to plant popu-
lations, distributions, habitats, climatic factors, and oth-
er biological ecological data, and to determine conserva-
tion measures and requirements necessary for their sur-
vival.
(12) NOTICE OF HIGHWAY CONSTRUCTION.-The
Department of Transportation shall notify the Depart-
ment of Agriculture and Consumer Services and the En-
dangered Plant Advisory Council created by s. 581.186
of advertised bids for highway construction at the time
those bids are first advertised, describing the project.
the location of the project, and the representative of the
Department of Transportation who can answer ques-
tions regarding the project and the plant life immediately
affected by the construction. The Department of Agricul-
ture and Consumer Services shall seek and utilize the


146

3.73











W _


services of the Endangered Plant Advisory Council and
of any other state agencies, clubs, associations, organi-
zations, or individuals that may offer support and ser-
vices for the preservation of the plants on the Regulated
Plant Index that may be affected by the construction
project and shall provide by rule for the appropriate dis-
posal of such plants.
eitory.-- 1. Ch. 78-72. 160 ch 9 164 s 1. ch 80-23. s 1 .ch 85153
s0oto.-The words 'he department is were inserted by the editors
1581.186 Endangered Plant Advisory Council; orga-
nization; meetings; quorum; compensation.-
(1) The Endangered Plant Advisory Council is here-
by created, consisting of seven persons to be appointed
by the Commissioner of Agriculture. One member shall
be a representative of the Florida Federation of Garden
Clubs, Inc.; one member shall be a representative of the
Florida Nurserymen and Growers Association, Inc.; one
member shall be a representative of the Committee for
Rare and Endangered Plants and Animals: one member
shall be a representative of the Florida Forestry Associa-
tion; one member shall be a representative of the Florida
Native Plant Society; and two members shall be bota-
nists, each of whom shall be a staff or faculty member
at a state university. Members shall be appointed for
terms of 4 years.
(2) The members of the council shall meet at least
yearly and elect a chairman and a vice chairman, each
for a term of.1 year The Director of the Division of Plant
Industry, or his designated representative, shall serve as
the secretary to the council and shall keep a complete
record of all its proceedings.
(3) The council shall meet at the call of its chairman
or the department, or at the request of a majority of its
membership, and at such times as may be prescribed
by its rules.
(4) A majority of the members of the council shall
constitute a quorum for all purposes, and an act by a
majority of the members present at any meeting at
which there is a quorum shall constitute an official act
of the advisory council.
(5) The members of the advisory council shall re-
ceive no compensation for their services, except that
they shall be entitled to receive travel allowances and
per diem as provided in s. 112.061 when actually travel-
ing on the business of the council.
(6) The council shall advise the department con
cerning proposals for revising this section and s
581.185. The council shall periodically examine those
plant species on the Regulated Plant Index and suc"
other plants native to the state that have been proposed
lor inclusion on the Regulated Plant Index to determine
whether the plant species should be removed from the
1ist, transferred from one category to another category)
on the list, or added to an appropriate category on the
lst The council shall inform the department of such de
termination and request that the department initiate ap
Propriate changes in the list.
(7) The Division of Plant Industry, the Department o
Natural Resources, the Department of Transportation
and the Game and Fresh Water Fish Commission sha
cooperate with the council whenever necessary to ai(
t i carrying out its duties under this section.
'- C 2. ch 7 s872, s 416 Ch 81-259 s 1 ch 82-46 s 2. Ch 83-265. 6


2.5 6 ch 85153
'Note.-Repealed etteclive October 1. 1992 by s 6 ch 85 153 end scheduled
fto revoe pursuant to s 11611 m advance of that drle
581.187 Exemptions from a. 581.185.-All Florida
Indians, as defined in s 285.11, shall be exempt from the
prohibitions and penalties of s 581.185
Ntstocy.-t 3. ch 78 72
581.191 Appropriations.-The department shall in-
clude in its legislative budget request the estimated
amounts needed to carry out the purposes of this chap-
ter and the Legislature shall appropriate from the Gener-
al Revenue Fund such amounts as it deems necessary
for these purposes.
Nstory.-s 14. ch 12291. 1927, CGL 3841. s 134 ch 26869 1951 s 19. ch
59-26 s 1. ch 61-59
Neto.--Former 581.11
1581.192 Excise tax on commercial sale or distribu-
tion of citrus nursery stock.-
(1) There is hereby levied and imposed an excise tax
of $1 per plant on the commercial sale or distribution of
citrus nursery stock by any nurseryman, stock dealer,
agent, or plant broker to whom a certificate of registra-
tion has been issued by the Division of Plant Industry,
with the exception of citrus plants sold or distributed to
any commercial citrus producer or for resale to a produc-
er. The excise tax shall be paid by the person to whom
the certificate of registration is issued. Persons seeking
an exemption from payment of the tax shall provide the
nurseryman, stock dealer, agent, or plant broker to
whom a certificate of registration has been issued by the
Division of Plant Industry with an affidavit signed by both
buyer and seller, recording the buyer's address, a de-
scription and the quantity of the plants sold, and a state-
ment that the plants will be used by a commercial citrus
producer or for resale to a producer. Each affidavit shall
be retained by the nurseryman, stock dealer, agent, or
plant broker and made available for inspection as a part
of state audits.
(2) All excise taxes levied under this section shall be
collected by the Department of Agriculture and Con-
sumer Services and deposited in the State Treasury into
a special fund known as the Florida Citrus Canker Trust
Fund, which is hereby created. Such moneys shall be
appropriated to the department to be expended in the
conduct of programs for the eradication of citrus canker.
S Hutory.-s 6, 10. ch. 85-283
lNte.--Expires July 1. 1990

1581.193 Excise tax on citrus nursery stock; sale to
Commercial citrus producer or for resale to producer.
(1) There is hereby levied and imposed an excise tax
Sof 10 cents per plant on the sale, excluding intercom-
Spany sales between members of an affiliated group as
defined in Section 1504 of the Internal Revenue Code,
.of citrus nursery stock, including lemon and lime nursery
stock, to any commercial citrus producer or for resale to
a producer, by any nurseryman, stock dealer, agent, or
f plant broker to whom a certificate of registration has
been issued by the Division of Plant Industry. The excise
II tax shall be paid by the person to whom the certificate
j of registration is issued.
(2) All excise taxes levied under subsection (1) shall
Sbe collected by the Department of Agriculture and Con-
147


3.7'-


Ch. 581


ALP NT INDUSTRY




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