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.