House Bill 3671c1
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Florida House of Representatives - 1998 CS/HB 3671
By the Committee on Agriculture and Representative Sembler
1 A bill to be entitled
2 An act relating to timber management; amending
3 s. 253.034, F.S.; requiring the Division of
4 Forestry of the Department of Agriculture and
5 Consumer Services to assess the feasibility of
6 managing timber in land management plans;
7 providing for the reimbursement of management
8 services performed by the division; amending s.
9 259.035, F.S.; requiring the Land Acquisition
10 and Management Advisory Council to consider
11 timber management as a feasible multiple-use
12 strategy; amending s. 373.591, F.S.; specifying
13 circumstances under which the land managing
14 agency must provide an explanation to the
15 management review team concerning the
16 management of lands; amending s. 589.04, F.S.;
17 directing the Division of Forestry to begin
18 certain forestation programs on certain lands;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (5) of section 253.034, Florida
24 Statutes, is amended to read:
25 253.034 State-owned lands; uses.--
26 (5) Each state agency managing lands owned by the
27 Board of Trustees of the Internal Improvement Trust Fund shall
28 submit to the Division of State Lands a land management plan
29 at least every 5 years in a form and manner prescribed by rule
30 by the board. All management plans, whether for single-use or
31 multiple-use properties, shall specifically describe how the
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Florida House of Representatives - 1998 CS/HB 3671
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1 managing agency plans to identify, locate, protect and
2 preserve, or otherwise use fragile nonrenewable resources,
3 such as archaeological and historic sites, as well as other
4 fragile resources, including endangered plant and animal
5 species, and provide for the conservation of soil and water
6 resources and for the control and prevention of soil erosion.
7 Land management plans submitted by an agency shall include
8 reference to appropriate statutory authority for such use or
9 uses and shall conform to the appropriate policies and
10 guidelines of the state land management plan. All land
11 management plans for parcels larger than 1,000 acres shall
12 contain an analysis of the multiple-use potential of the
13 parcel, which analysis shall include the potential of the
14 parcel to generate revenues to enhance the management of the
15 parcel. The analysis shall contain a component or section
16 prepared by the Division of Forestry of the Florida Department
17 of Agriculture and Consumer Services which assesses the
18 feasibility of managing the timber on the parcel for resource
19 conservation and revenue generation purposes through a
20 stewardship ethic that embraces sustainable forestry practices
21 if the lead management agency determines that the timber
22 management is not in conflict with the primary management
23 objectives for the parcel. Additionally, the land management
24 plan shall contain an analysis of the potential use of private
25 land managers to facilitate the restoration or management of
26 these lands. In those cases where a newly acquired property
27 has a valid conservation plan, the plan shall be used to guide
28 management of the property until a formal land management plan
29 is completed. Unless there is in existence a memorandum of
30 agreement or other formal cooperative management agreement
31 between the Division of Forestry and the lead management
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Florida House of Representatives - 1998 CS/HB 3671
188-542-98
1 agency, the Division of Forestry must prepare a timber
2 resource management component to be included by the lead
3 agency in the management plan for any parcel suitable for
4 timber management outlined in the analysis. The component must
5 be compatible with the lead management agency's management
6 objectives for other resources and values, as determined by
7 that lead management agency. The Division of Forestry shall
8 manage the timber resources on the parcels as provided in this
9 section and shall be reimbursed for the management services,
10 including, but not limited to, costs for planning,
11 reforestation, insect, disease, and exotic plant species
12 control, prescribed burning, and timber harvesting plus an
13 administrative charge of 10 percent of all revenue generated
14 from timber. The Division of Forestry may acquire personnel
15 positions, resources, and services necessary to carry out the
16 intent of this section.
17 (a) The Division of State Lands shall make available
18 to the public a copy of each land management plan for parcels
19 which exceed 160 acres in size. The council shall review each
20 plan for compliance with the requirements of this subsection
21 and with the requirements of the rules established by the
22 board pursuant to this subsection. The council shall also
23 consider the propriety of the recommendations of the managing
24 agency with regard to the future use of the property, the
25 protection of fragile or nonrenewable resources, the potential
26 for alternative or multiple uses not recognized by the
27 managing agency, and the possibility of disposal of the
28 property by the board. After its review, the council shall
29 submit the plan, along with its recommendations and comments,
30 to the board. The council shall specifically recommend to the
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Florida House of Representatives - 1998 CS/HB 3671
188-542-98
1 board whether to approve the plan as submitted, approve the
2 plan with modifications, or reject the plan.
3 (b) The Board of Trustees of the Internal Improvement
4 Trust Fund shall consider the land management plan submitted
5 by each state agency and the recommendations of the council
6 and the Division of State Lands and shall approve the plan
7 with or without modification or reject such plan. The use or
8 possession of any such lands which is not in accordance with
9 an approved land management plan is subject to termination by
10 the board.
11 Section 2. Paragraph (d) of subsection (2) of section
12 259.035, Florida Statutes, is amended to read:
13 259.035 Advisory council; powers and duties.--
14 (2)
15 (d) Additionally, the council shall provide assistance
16 to the Board of Trustees of the Internal Improvement Trust
17 Fund in reviewing the recommendations and plans for
18 state-owned lands required by s. 253.034. The council shall,
19 in reviewing the recommendations and plans for state-owned
20 lands required by s. 253.034, consider the optimization of
21 multiple-use strategies to accomplish the provisions of s.
22 253.034 and specifically consider the management of the timber
23 as a feasible multiple-use strategy in conformance with a
24 timber resource management component prepared by the Division
25 of Forestry.
26 Section 3. Subsection (4) of section 373.591, Florida
27 Statutes, is amended to read:
28 373.591 Management review teams.--
29 (4) If the land management review team finds that the
30 lands reviewed are not being managed in accordance with their
31 management plan, prepared in a manner and form prescribed by
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Florida House of Representatives - 1998 CS/HB 3671
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1 the governing board of the district and otherwise meeting the
2 requirements of s. 253.034(5), the land managing agency shall
3 provide a written explanation to the management review team.
4 Section 4. Subsection (4) is added to section 589.04,
5 Florida Statutes, to read:
6 589.04 Duties of division.--
7 (4) The Division of Forestry shall begin immediately
8 an aggressive program to reforest and afforest, with
9 appropriate tree species, lands over which the division has
10 forest resource management responsibility.
11 Section 5. This act shall take effect upon becoming a
12 law.
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