Florida Statutes 581.189 – Dealing in, buying, transporting, and processing saw palmetto berries
Current as of: 2024 | Check for updates
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(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(e) and Fla. Stat. § 775.082(4)(a)
(a) “Harvest” or “harvesting” means to dig up, remove, or cut and remove saw palmetto berries from the place where they are grown.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 581.189
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Agriculture and Consumer Services of the state or its authorized representative. See Florida Statutes 581.011
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) “Harvester” means a person, firm, or corporation that takes, harvests, or attempts to take or harvest saw palmetto berries.
(c) “Landowner” means:
1. The public agency administering any public lands; or
2. The person who holds legal title to the real property from which saw palmetto berries are harvested or the person having possession, control, or use of that land which has lawful authority to grant permission to harvest saw palmetto berries from the land.
(d) “Person” means an individual, a partnership, a corporation, an association, or any other legal entity.
(e) “Saw palmetto berries” means the fruit of the plant Serenoa repens, commonly known as the saw palmetto.
(f) “Saw palmetto berry dealer” means a person that purchases or otherwise obtains saw palmetto berries from a seller for the purpose of selling the saw palmetto berries at retail or for the purpose of selling the saw palmetto berries to another saw palmetto berry dealer or for both such purposes. This term also includes a person who purchases saw palmetto berries directly from a landowner for the purpose of selling the saw palmetto berries at retail.
(g) “Seller” means a person that exchanges or offers to exchange saw palmetto berries for money or for any other valuable consideration.
(2) It is unlawful for any person to willfully destroy, harvest, or sell saw palmetto berries on the private land of another or on any public land without first obtaining written permission from the landowner or legal representative of the landowner and a permit from the department as provided in s. 581.185. The landowner’s written permission must include all of the following information:
(a) The name, address, and telephone number of the landowner.
(b) The start date, end date, and location, including county, of the harvest.
(c) The landowner’s actual or electronic signature.
(3)(a) A saw palmetto berry dealer that purchases saw palmetto berries from a landowner or a person harvesting saw palmetto berries from another’s property shall maintain a bill of lading; a copy of the harvester’s entire permit, as provided in s. 581.185; a copy of the landowner’s written permission to harvest; and all of the following:
1. The name, address, and telephone number of the seller.
2. The date or dates of harvesting.
3. The weight, quantity, or volume and a description of the type of saw palmetto berries harvested.
4. A scan or photocopy of a valid government-issued photo identification card of such person.
(b) A person required to maintain the information under paragraph (a) shall retain such records for at least 2 years from the date the harvest ends.
(4)(a) When any law enforcement officer or any authorized employee of the department finds that any saw palmetto berries are being harvested, offered for sale, or exposed for sale in violation of this section, the law enforcement officer or authorized department employee may seize or order such saw palmetto berries be held at a designated location until the individual:
1. Provides the officer or employee with the required permit and landowner’s written permission to harvest, within 7 calendar days following the seizure; or
2. Legally disposes of the saw palmetto berries in accordance with this section.
(b) A law enforcement officer or authorized department employee shall release the saw palmetto berries when the requirements of this section are met.
(5) Unlawfully harvested saw palmetto berries constitute contraband and are subject to seizure and disposal by the seizing law enforcement agency or the department.
(a) Notwithstanding any other provision of law, a law enforcement agency that seizes saw palmetto berries harvested or possessed in violation of this section or unlawfully harvested in violation of s. 581.185, or in violation of any other state or federal law, may sell such saw palmetto berries and retain the proceeds of the sale for the enforcement of this section. Law enforcement agencies selling contraband saw palmetto berries are exempt from s. 581.185.
(b) Law enforcement agencies that seize unlawfully harvested saw palmetto berries shall submit annually to the department, in the manner prescribed by department rule:
1. The quantity and a description of the saw palmetto berries seized; and
2. The location from which the saw palmetto berries were harvested, if known.
(6)(a) A harvester that exchanges or offers to exchange saw palmetto berries with a saw palmetto dealer, seller, or processor for money or any other valuable consideration without first presenting to the saw palmetto berry dealer, seller, 1or processor the person’s entire permit, as provided in s. 581.185, or the landowner’s written permission commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person required to maintain records as required in this section that fails to maintain such record for the time period specified in paragraph (3)(b) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) A person that willfully destroys or harvests saw palmetto berries without first obtaining the landowner’s written permission to harvest as required by subsection (2) or a permit as required by s. 581.185 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A saw palmetto berry dealer, buyer, processor, harvester, or seller that presents a false, forged, or altered document purporting to be a landowner’s written permission or the permit required by s. 581.185 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7)(a) A person convicted of a violation of this section is responsible for:
1. All reasonable costs incurred by the responding law enforcement agencies and the department, including, but not limited to, investigative costs; and
2. Restitution to the landowner in an amount equal to the fair market value of the saw palmetto berries unlawfully harvested.
(b) For the purposes of this subsection, the term “convicted” means that there has been a determination of guilt as a result of trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(8) This section does not affect any other person that legally harvests or handles saw palmetto berries from up to two plants for home or personal use.
(9) The department shall adopt rules to administer this section.