Picking These Berries in Florida Could Get You Fined or Arrested—Even on Your Own Property

Residents who think they can legally harvest berries from their own backyards may want to think again. Under Florida law, picking the olive-shaped fruit known as saw palmetto berries without proper authorization can result in significant fines and even criminal charges.

According to the Florida Fish and Wildlife Conservation Commission (FWC), officers respond to numerous complaints each year about the illegal harvesting of saw palmetto berries, a practice that remains common despite increased enforcement efforts.

The berries, which grow on the low-growing saw palmetto plant, are classified as a “Commercially Exploited Plant” under Florida Statute 581.185(d). This designation means that harvesting or selling the berries—regardless of whether they’re growing on public or private property—requires a permit issued by the Florida Department of Agriculture and Consumer Services (FDACS).

The law, enacted in 2018, aims to protect Florida’s native flora from overexploitation and preserve the integrity of the state’s ecosystems. Violating it could result in hundreds of dollars in fines and potentially a first-degree misdemeanor charge.

While the legal consequences are serious, officials say the environmental impact is also a major concern.

Saw palmetto berries are a critical food source for Florida wildlife, including birds and small mammals. Overharvesting disrupts these natural food chains and can throw off the ecological balance. The plant itself also plays a role in stabilizing sand dunes, reducing erosion, and supporting biodiversity across the state.

The berries’ high value in the herbal supplement industry is believed to be driving the rise in illegal activity. They are commonly used in alternative treatments, particularly for prostate health, and fetch a significant price in the natural health market.

In addition to conservation concerns, unregulated harvesting raises health and safety risks, as illegally picked berries may not meet the same standards required for commercial processing.

To legally harvest saw palmetto berries in Florida, individuals must apply for a permit through the FDACS, which outlines the requirements and regulations for collection.

For more information or to apply for a permit, visit the department’s official site here.