Florida Senate - 2015 (NP) SB 62 By Senator Montford 3-00075-15 201562__ 1 A bill to be entitled 2 An act for the relief of Shuler Limited Partnership by 3 the Florida Forest Service of the Department of 4 Agriculture and Consumer Services, formerly known as 5 the Division of Forestry, and the Board of Trustees of 6 the Internal Improvement Trust Fund; providing for an 7 appropriation to compensate Shuler Limited Partnership 8 for damages sustained to 835 acres of its timber as a 9 result of the negligence, negligence per se, and gross 10 negligence of employees of the Florida Forest Service 11 and their violation of s. 590.13, Florida Statutes; 12 providing a limitation on the payment of fees and 13 costs; providing an effective date. 14 15 WHEREAS, the Board of Trustees of the Internal Improvement 16 Trust Fund, hereinafter referred to as the “board,” is the owner 17 of an approximately 3,267-acre property located within Tate’s 18 Hell State Forest in Franklin County, which property is 19 hereinafter referred to as the “prescribed burn area,” and 20 WHEREAS, pursuant to ch. 590, Florida Statutes, the Florida 21 Forest Service of the Department of Agriculture and Consumer 22 Services, formerly known as the Division of Forestry and 23 hereinafter referred to as the “forest service,” is responsible 24 for managing Tate’s Hell State Forest, including the prescribed 25 burn area, for the board, and 26 WHEREAS, Shuler Limited Partnership is the owner of an 27 approximately 2,182-acre property, hereinafter referred to as 28 Shuler’s Pasture, located just west of the prescribed burn area, 29 which is separated from the prescribed burn area by Cash Creek, 30 and 31 WHEREAS, on April 9, 2008, the forest service conducted a 32 prescribed burn in the prescribed burn area, but before the fire 33 was completely extinguished, an ember from the smoldering fire 34 drifted onto Shuler’s Pasture destroying 835 acres of trees, and 35 WHEREAS, Shuler Limited Partnership filed suit in the 36 Second Judicial Circuit in and for Franklin County and a jury 37 returned a verdict in favor of Shuler Limited Partnership, 38 finding that the forest service was negligent, negligent per se, 39 and grossly negligent in the conduct of the prescribed burn and 40 that the burn was conducted in violation of s. 590.13, Florida 41 Statutes, and 42 WHEREAS, the forest service and the board appealed the jury 43 verdict and award of damages in the amount of $741,496, which 44 was upheld by the First District Court of Appeal, and 45 WHEREAS, the forest service and the board have paid 46 $100,000 to Shuler Limited Partnership pursuant to the 47 applicable statutory limits of liability in s. 768.28, Florida 48 Statutes, and a total of $670,493, consisting of $641,496 in 49 damages and $28,997 in costs, remains to be paid, NOW, 50 THEREFORE, 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. The facts stated in the preamble to this act are 55 found and declared to be true. 56 Section 2. There is appropriated from the General Revenue 57 Fund to the Department of Agriculture and Consumer Services the 58 sum of $670,493 for the relief of Shuler Limited Partnership for 59 damages caused by the negligence, negligence per se and gross 60 negligence of employees of the Florida Forest Service and their 61 violation of s. 590.13, Florida Statutes. 62 Section 3. The Chief Financial Officer is directed to draw 63 a warrant in the sum of $670,493, payable to Shuler Limited 64 Partnership, as compensation for the damages to Shuler Limited 65 Partnership caused by the negligence, negligence per se and 66 gross negligence of employees of the Florida Forest Service and 67 their violation of s. 590.13, Florida Statutes. 68 Section 4. The amount paid by the Florida Forest Service of 69 the Department of Agriculture and Consumer Services pursuant to 70 s. 768.28, Florida Statutes, and the amount awarded under this 71 act are intended to provide the sole compensation for all 72 present and future claims arising out of the factual situation 73 described in this act which resulted in damages to Shuler 74 Limited Partnership. The total amount paid for attorney’s fees, 75 lobbying fees, costs, and similar expenses relating to this 76 claim may not exceed 25 percent of the total amount awarded 77 under this act. 78 Section 5. This act shall take effect upon becoming a law.