PRESERVATION OF NATIVE FLORA OF FLORIDA
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
DIVISION OF PLANT INDUSTRY
PRESERVATION OF NATIVE FLORA
5B.40.03 Obtaining a Permit to Move
Plants on the Endangered Plant
5B-40.04 Issuance of Permit to Move
Plants on the Endangered Plant
5B-40.05 To Move Plants on the
Threatened Plant List.
5B-40.07 Entry upon Property.
SB-40.08 Checking Suspected Violations,
Handling Endangered and/or
Threatened Plants Involved,
and Reporting Suspected
55-40.01 Definitions. For the purpose of
this rule, the following definitions shall apply:
(1) Authorized representative. An
employee, inspector, or collaborator of the
(2) Certificate. An official document
stipulating compliance with the requirements
of the division.
(3) Collaborator. A person cooperating
with the division in some capacity who has
been officially designated to perform certain
duties for the division.
(4) Commissioner. The Commissioner of
(5) Department. The Department of
Agriculture and Consumer Services of the
(6) Division. The Division of Plant
ustry of the Department of Agriculture and
7) Endan ered plant. An individual of a
o plant which is included on the
"dngered plant list.
(8) Endangered plant list. A list of plants
ttated by the Florida Legislature as
(9) Move (moved, movement). To ship,
tr for shipment, receive for transportation,
-y, or otherwise transport.
10)ursery. Any grounds or premises on
or in which nursery stock is grown,
propagated, or held for sale or distribution.
(11) Nursery stock. All plants, trees,
shrubs, vines, bulbs, cuttings, grafts, scions,
buds, grown or kept for or capable of
propagation, distribution or sale, unless
specifically excluded by the rules of the
(12) Permit. An official written document
issued by the division giving consent to the
permitted to remove endangered plants from
the wilds under conditions described thereon.
(13) Person. Any individual, corporation,
company, society, association, or other
(14) Places. Vessels, railroad cars,
automobiles, aircraft, and other vehicles,
buildings, docks, nurseries, orchards and other
premises where plants or plant products are
grown, kept, or handled.
(15) Plants and plant products. Trees,
shrubs, vines, forage and cereal plants, and all
other plants and plant parts including cuttings,
grafts, scions, buds, fruits, vegetables, roots,
bulbs, seeds, wood, lumber, and all products
(16) Shipment or shipments. The act or
process of transferring or moving products
from one point to another or the products being
transferred or moved.
(17) Threatenedplant. An individual of a
snce of plant which is included on the
threatened plant list.
(18) Threatened plant list. A list of plants
designated by the Florida Legislature as
(19) Viable. A state of health whereby a
plant is capable of surviving and functioning in
a way which is common for the species to which
Sperific Authority 57007(23), 581.185(1)(c) FS.
Law Implemented 570.07(13), 381.185 FS.
5B-40.02 Purpose. To provide rules for
the purpose of preserving the native flora of
Florida, by encouraging the propagation of
endangered or depleted species of flora and by
providing an orderly and controlled procedure
for restricting harvesting of native flora from
the wilds, thus preventing wanton exploitation
or destruction of Florida native plant
Specific Authority 570.07(23), 581.185(1)(c) FS.
Law Implemented 570.07(13), 581.185 FS.
5B-40.03 Obtaining a Permit to Move
Plants on the Endangered Plant List.
(1) To willfully harvest, collect, pick,