Notice of Proposed Rule
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.: RULE TITLES:
5B-40.001 Definitions
5B-40.0055 Regulated 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: Greg.Hodges@FreshFromFlorida.com
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