12-6-257. Unlawful activities associated with saw palmetto berries; making of false statements; restitution.

Except as otherwise provided in subsection (b) of this Code section, the following individuals shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00:#

1. (1)

   A person that exchanges or offers to exchange saw palmetto berries for money or any other valuable consideration with a saw palmetto berry dealer or seller without first obtaining and presenting to the saw palmetto dealer or seller a certificate of harvest as required by subsection (a) of Code Section 12-6-252;#

2. (2)

   A person that harvests saw palmetto berries without first obtaining a landowner’s certificate of harvest as required by subsection (b) of Code Section 12-6-252; and#

3. (3)

   A saw palmetto berry dealer or seller that purchases saw palmetto berries without first obtaining a landowner’s certificate of harvest as required by subsection (b) of Code Section 12-6-252.#

4. (4)

   A person who knowingly possesses saw palmetto berries harvested in violation of this article.#

1. (1)

   Except as otherwise provided in paragraph (2) of this subsection, when an individual knowingly engages in any of the activities prohibited in paragraphs (1) through (3) of subsection (a) of this Code section and the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased is less than $1,500.00, such individual shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased, but no more than $1,000.00, or confinement for up to 12 months in jail, or both.#

2. (2)

   When an individual knowingly engages in any of the activities prohibited in paragraphs (1) through (3) of subsection (a) of this Code section and the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased is $1,500.00 or more, such individual shall be guilty of a felony and, upon conviction thereof, shall be punished by not less than the greater of $1,500.00 or the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased, but neither less than $1,500.00 nor more than $5,000.00, or by imprisonment for not more than three years, or both.#

When a person who knowingly provides false information in executing the statement required by paragraph (5) of subsection (a) of Code Section 12-6-253, the person commits the offense of false swearing within the meaning of Code Section 16-10-71. Such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.#

A person convicted pursuant to this Code section may, in addition to any fines levied against such person, be ordered to make restitution to the landowner in an amount equal to the value of the saw palmetto berries unlawfully harvested.#