Section 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) Commercially exploited plant list. Plants designated in paragraph 5B-40.0055(1)(c), F.A.C., as commercially exploited.(b) Commissioner. The Commissioner of Agriculture as head of the Florida Department of Agriculture and Consumer Services.(c) Council. The Endangered Plant Advisory Council.(d) Department. The Florida Department of Agriculture and Consumer Services.(e) Director. The Director for the Division of Plant Industry.(f) Eligible Applicant. A corporation that is designated as not-for-profit pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, and which is described in, and allowed to receive contributions pursuant to the provisions of Section 170 of the Internal Revenue Code of 1954, and which is a corporation not for profit incorporated pursuant to chapter 617, F.S., and which can demonstrate, based on program criteria, the ability to protect, conserve, propagate, reintroduce, and monitor endangered and threatened native flora.(g) Endangered Native Flora. A plant listed on the Endangered Plant List of the Regulated Plant Index designated in paragraph 5B-40.0055(1)(a), F.A.C.(h) Endangered Plant List. Plants designated in paragraph 5B-40.0055(1)(a), F.A.C., as endangered.(i) Grant Award. The dollar amount of a grant approved by the Commissioner within the Endangered and Threatened Native Flora Conservation Grants program.(j) Grant Award Contract. The contract signed by the Commissioner and the Grantee which establishes the grant award, applicable rules, regulations, and any special conditions for each grant award.(k) Grant Period. The length of time in which a project will be accomplished as set forth in the Grant Award Contract by the starting date and the ending date.(l) Grantee. The recipient of a grant award.(m) Native Plant. A plant species, subspecies, or variety of species that is presumed to have been present in Florida before European contact.(n) Permit. An official written document issued by the department giving consent to the permittee to harvest commercially exploited or endangered plants under conditions described thereon.(o) Shipment or Shipments. The act or process of transferring or moving plants or plant products from one point to another.(p) Threatened Native Flora. A plant listed on the Threatened Plant List of the Regulated Plant Index designated in paragraph 5B-40.0055(1)(b), F.A.C.(q) Threatened Plant List. Plants designated in paragraph 5B-40.0055(1)(b), F.A.C., as threatened.(r) 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 it belongs.(2) The purpose of this rule chapter is to preserve Florida's endangered, threatened, and commercially exploited plants, and to encourage propagation of plant species through the Endangered and Threatened Native Flora Conservation Grants Program.Fla. Admin. Code Ann. R. 5B-40.001
Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS.
New 3-6-80, Formerly 5B-40.01, Amended 1-31-88, 12-3-91, 5-21-96, 1-7-98, 10-5-98, Amended by Florida Register Volume 41, Number 150, August 04, 2015 effective 8/20/2015, Amended by Florida Register Volume 44, Number 129, July 3, 2018 effective 7/17/2018.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, 7-17-18.