Section 5B-40.008 - Investigating Suspected Violations, Preservation of Endangered, Commercially Exploited and/or Threatened Plants Involved, and Reporting Suspected ViolationsUpon any suspected violation of this chapter, any authorized representative of the department shall be empowered to:
(1) Request identification of the person involved and vehicles utilized in the transportation of the endangered, commercially exploited, and/or threatened plants as well as information on the origin and destination of such plants.(2) Take an inventory of the endangered, commercially exploited, and/or threatened plants involved.(3) Take temporary possession of the endangered, commercially exploited, and/or threatened plants awaiting appropriate documentation. If the appropriate documentation is not presented within 30 days from the date of confiscation, the plants shall become the property of the department and shall be donated to a not-for-profit organization as outlined in subsection 5B-40.008(6), F.A.C. Perishable commodities (fruit or berries) will not be maintained during this period.(4) Endangered, commercially exploited, and/or threatened plants being harvested or moved in suspected violation of this chapter shall be maintained in a viable condition by the person having possession until action is taken to allow movement or the plants in question are confiscated.(5) Violation report. A Report of Violation, FDACS-08128, Revised 10/14, incorporated herein by reference, shall be filed by an authorized representative of the department following confirmation of action subject to violation of rule Chapter 5B-40, F.A.C. A sample may be obtained by writing 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-05662.(6) Endangered, commercially exploited, and/or threatened plants which legally become the property of the department shall be donated to a not-for-profit organization such as a botanical garden or state park for preservation purposes. Such donations shall be documented by the department.(7) Any permit which has been issued shall be withdrawn by an authorized representative of the department if it is determined that the holder thereof has not complied with any condition for the use of the document. The reasons for the withdrawal shall be confirmed in writing and shall provide notice of the right to an administrative hearing in accordance with Sections 120.569 and 120.57, F.S.Fla. Admin. Code Ann. R. 5B-40.008
Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185(9) FS.
New 3-6-80, Formerly 5B-40.08, Amended 1-31-88, 9-20-93, 9-20-00, Amended by Florida Register Volume 41, Number 150, August 04, 2015 effective 8/20/2015, Amended by Florida Register Volume 45, Number 248, December 24, 2019 effective 1/8/2020.New 3-6-80, Formerly 5B-40.08, Amended 1-31-88, 9-20-93, 9-20-00, 8-20-15, 1-8-20.