Answer: It depends where the flowers are located.
In the article that follows, we’ll explain.
Is It Illegal To Pick Wildflowers In Florida? (Discussion)
The contents of this web page are for informational purposes only, and nothing you read is intended to be legal advice. Please review our disclaimer about law/legal-related information on this website before taking action based upon anything you read or see.
Ownership/Management of the Land
There are many competing and conflicting managers of land in Florida (and the wildflowers that grow upon them).
Those owners/managers include:
- private individuals
- national government
In general, the individual who either owns or has the right to manage the land makes the decision about whether wildflowers can be picked there or not.
This is why it is important that individuals do not accept as truth the claim “it’s okay!” or “it’s not okay!” without confirming that the information is actually about the specific land area.
National Parks/National Forestland/National Monuments
In national parks, monuments, and federal forests across the United States, it is 100% illegal and a violation of federal law to pick wildflowers, not matter what the rest of the state of Florida has to say about it.
In fact, it is against the law to remove any material from the state park, including pretty rocks, sticks, pieces of bark, feathers, bones….just about anything.
There is a process to obtain a permit to pick or collect plants for scientific or educational purposes.
Don’t forget the Federal Endangered Species Act (which also protects plants).
Florida State Laws
Florida has specific prohibitions about picking some flowers.
Florida Statutes 581.185(3)(a) protects endangered plants in the Regulated Plants Index.
With regard to any plant listed as an endangered plant on the Regulated Plant Index, as provided in rules of the department, it is unlawful for any person to willfully destroy or harvest any such plant growing on the private land of another or on any public land without first obtaining the written permission of the landowner or legal representative of the landowner and a permit from the department as provided in this section.
The “Regulated Plant Index” is the species native to the state that are listed as commercial exploited, endangered, or threatened.
This list is updated regularly, and can be found here.
Florida State Park Areas
It is also illegal to pick wildflowers in any Florida state parks.
The applicable laws are in Florida Statute 258.008, which states that it is unlawful for any person collect plant or animal specimens without permission from the Division of Recreation and parks.
Violating the statute is a 2nd degree misdemeanor.
Other Government Owned/Managed Property
After national parks, endangered plants/flowers, and state recreational areas, we could not find any additional laws aimed specifically at wildflowers in the state of Florida.
There may be prohibitions buried in individual city codes.
That being said, it is against the law to alter, meddle, take, or destroy property belonging to someone else.
If an individual is standing on city government property, technically picking wildflowers is altering, meddling, taking, and destroying property that belongs to another (the government).
However, we do not know of any case where an individual was prosecuted for picking wildflowers (aside from the state flower) on government property, so long as the area wasn’t signed as protected and the collecting was limited.
A prosecution is more likely to result if:
- the person was picking a lot of flowers
- the person was picking the flowers to profit from them (like selling bouquets)
- the person was trespassing
- the person entered dangerous areas to pick the flowers
- the person damaged government property while picking the flowers
- other people were injured as a result of the flower picking (like causing a car crash)
The charges could be theft, vandalism, criminal mischief, trespass, and some version of disturbing the peace (like disorderly conduct).
The owner of private property has the rights to all the wildflowers on their property.
If an individual enters private property to pick flowers without permission, the individual could face criminal prosecution for the trespass, the theft, and any damage that occurred.
The individual could also face civil suit for trespass and conversion.
Why Is Picking Flowers Bad?
There are many reasons why picking wildflowers is discouraged.
First, if everyone picked flowers in high traffic areas, there would be few or no flowers to be seen by visitors.
Second, picking flowers at certain times of year can actually make it harder for flowers to propagate or return next year.
Third, picking flowers can remove a food source or shelter for other animals, bugs, plants, and organisms in the environment.
Fourth, flower picking can cause damage to fragile environments beyond the picking–people trample and kill other plants and critters in the process.
Recommendations For Wildflower Picking
If you want to pick wildflowers, do your homework first.
Make sure that the land you are standing on is one where flower picking is not illegal (like federal lands).
If you aren’t sure whether the property is privately owned or owned by the state or city, find out who owns it before taking any materials off the property.
If you aren’t sure, don’t pick anything.
Definitely educate young children about when and where it is okay (and not okay) to pick flowers.
Want to learn more about your criminal justice system?
Browse our free legal library guides for more information.