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Palmetto Berry Heist: New Harvesting Regulations in Florida

Deputies in Plant City arrested Heladio Gonzalez-Hernandez, 39, and Maria Hernandez-Santiago, 42, in connection with the August 26 berry theft at a farm in the 5000 block of US Highway 41 in Ruskin.


The illegally harvested berries weighed in at over 800 pounds.  They were arrested and taken into custody without incident. Healdio Gonzalez-Hernandez and Maria Hernandez-Santiago are both facing charges of possession or exchange of unlawfully harvested saw palmetto berries and unlawful destruction or harvest of saw palmetto berries.


Theft of saw palmetto berries is now a felony under Florida law.

saw palmetto berry felony theft

What are Palmetto Berries?

Saw palmetto berries are the dried fruit of the saw palmetto plant, a low-growing palm tree native to the Southeastern United States. The berries are green when unripe, turn blue-black when ripe, and are rich in fatty acids, plant sterols, flavonoids, and sugars. 


Why would someone steal Palmetto Berries?

Saw palmetto berries have been used in natural health remedies to treat reproductive organ disorders, coughs, and urinary symptoms associated with enlarged prostate glands. They are also promoted as a dietary supplement. Saw palmetto berries are typically harvested by hand from August to October, when they are ripe and have turned from green to blue-black in color.

dried saw palmetto berries

New regulations bring harsh penalties for Palmetto Berry Bandits

In Florida, new regulations regarding the harvesting of saw palmetto berries will go into effect July 1, 2024. Harvesters need permits or licenses to collect berries. Harvesting berries from someone else's land without their written permission is considered a felony offense.

Anyone caught illegally harvesting saw palmetto berries can face up to 5 years in prison.


Florida Statue 581.189 Dealing in, buying, transporting, and processing saw palmetto berries.


Florida has very harsh penalties for theft crimes

The Lakeland theft lawyers at McMann, P.A. represent individuals accused of all manner of theft crimes in Florida, including shoplifting, petit theft and grand theft. Theft offenses can be charged as misdemeanor or a felony and subject a convicted offender to steep fines and jail time or lengthy prison sentences.


Grand theft is a theft crime that involves stealing property valued at $300 or more, or involving the theft of a particular type of item. Depending on what was allegedly stolen as well as the value of the property, a defendant may face anywhere from a maximum sentence of 5 years to 30 years in state prison.


In addition, convicted offenders can be made to return stolen property or make restitution to the property owner, and may be civilly liable in damages to the property owner as well.


If you have been arrested for any felony or misdemeanor theft charge, contact Polk County theft attorney Mark McMann at the law office of McMann, P.A.


We represent clients for theft crimes throughout Polk County and the surrounding counties in the Tampa Bay area, including Pinellas County, Pasco County, Hernando County, and Hillsborough County.


 Mark D. McMann
McMann, P.A.
1700 South Florida Ave.
Lakeland, Florida 33803
863-393-9010
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