Unlawful Harvesting or Destruction of Saw Palmetto Berries
Willfully harvesting or destroying saw palmetto berries without required written landowner permission OR an FDACS permit.
Florida Statute
§ 581.189(6)(c)
Dealing in, buying, transporting, and processing saw palmetto berries
Verified against the 2026 Florida Statutes: October 17, 2026
Quick Summary
Identify saw palmetto fruit, establish willful harvesting or destruction, and verify which required authorization was not obtained before the act. Apply the lawful home/personal-use provision for up to two plants. Missing paperwork at the scene alone does not establish that authorization was never obtained.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Unlawful harvesting or destruction
F.S. 581.189(6)(c)
Willful destruction OR harvesting of saw palmetto fruit without first obtaining required written landowner permission OR a required FDACS permit. Check applicability and the lawful home/personal-use provision in subsection (8).
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All core elements required - AND
The material was saw palmetto berries: fruit of Serenoa repens.
Plain language: Identify the species and fruit. Do not assume that every palm fruit or separately collected seed falls within the berry definition.
- Element 2AND — Required
All core elements required - AND
AND the defendant willfully destroyed OR harvested those berries.
Plain language: Identify the willful act. Harvesting includes digging up, removing, or cutting and removing berries from where they grow; intent to sell is not an additional requirement stated in (6)(c).
- Element 3AND — Required
All core elements required - AND; one missing authorization - OR
AND the defendant had not first obtained required written landowner permission under subsection (2) OR a required FDACS permit under section 581.185.
Jury Instructions
Jury Instructions
Instruction N/A
No offense-specific standard jury instruction located
Reviewed the Florida Bar criminal instruction set updated October 9, 2026; no dedicated instruction for 581.189 or saw palmetto harvesting was located. These elements are a statutory field summary, not a standard jury instruction. Consult the State Attorney for case-specific instructions and applicable exceptions.
View Official InstructionVerified against the official instruction source: October 17, 2026
Important Definitions
Important Definitions
Saw palmetto berries
The fruit of Serenoa repens, commonly known as saw palmetto.
Harvest or harvesting
Digging up, removing, or cutting and removing saw palmetto berries from the place where they grow.
Landowner
For public land, the administering public agency. For other land, the legal titleholder or a person possessing, controlling, or using the land who has lawful authority to grant harvesting permission.
Required written permission
Permission must identify the landowner's name, address, and telephone number; the harvest start date, end date, and location including county; and the landowner's actual or electronic signature.
Additional Notes
Additional Notes
Quick Reference
Identify saw palmetto fruit AND willful harvesting or destruction AND failure to obtain at least one required authorization before the act. Establish the harvest location, land ownership, plant count, purpose, and applicable permit requirements.
Classification
The harvesting/destruction offense in 581.189(6)(c) is a third-degree felony. It has no stated dollar-value or berry-weight threshold and does not require intent to sell. Do not assume every missing-document encounter establishes this felony.
Home or personal use - up to two plants
Section 581.189(8) preserves lawful harvesting or handling from up to two plants for home or personal use. Count plants, not berries or pounds. The provision does not authorize trespass or otherwise unlawful harvesting; verify permission and applicable native-plant requirements before charging.
Verify authorization before the act
Distinguish authorization not obtained from an existing document not carried or produced at the scene. Check FDACS issuance, coverage, conditions, harvest dates, site, and authorized persons; confirm written permission with an authorized landowner or representative. A pending application is not an issued permit. FDACS permit guidance: https://www.fdacs.gov/sawpalmettoberry
Seeds, plant parts, and own-property harvesting
Section 581.189 defines berries as fruit. Search terms include seeds for discovery, but do not treat seed-only collection as automatically satisfying this felony. Assess 581.185 and applicable Chapter 5B-40 rules with FDACS. Subsection (2) addresses another person's private land or public land; own-property activity can still require a permit under the applicable native-plant framework. Native-plant guidance: https://www.fdacs.gov/Agriculture-Industry/Plant-Industry-Permits/Native-Plant-Harvesting-Permit