House Bill 1535

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    Florida House of Representatives - 1999                HB 1535

        By the Committee on Agriculture and Representatives
    Putnam, Constantine, Bronson, Stansel, Patterson, Bainter,
    Harrington, Dockery, Spratt, Peaden, J. Miller, K. Smith,
    Wiles, Lynn and Edwards



  1                      A bill to be entitled

  2         An act relating to wildfires; amending s.

  3         590.01, F.S.; providing the Division of

  4         Forestry of the Department of Agriculture and

  5         Consumer Services with the responsibility to

  6         prevent, detect, and suppress wildfires;

  7         creating s. 590.015, F.S.; defining terms;

  8         amending s. 590.02, F.S.; authorizing the

  9         division to appoint additional personnel to

10         fight wildfires; providing for wildfire

11         training and fire management and emergency

12         response assistance; providing for agreements

13         or contracts with the private sector for fire

14         prevention activities; providing for the

15         Florida Center for Wildfire and Forest

16         Resources Management Training; providing for

17         fees for the operation of the center; creating

18         an advisory committee; amending s. 590.081,

19         F.S.; prohibiting burning in severe drought

20         conditions without permission; amending s.

21         590.082, F.S.; providing a penalty for certain

22         travel through hazardous areas; amending s.

23         590.091, F.S.; providing for designation of

24         railroad rights-of-way in wildfire areas;

25         amending s. 590.10, F.S.; providing a penalty

26         for the disposal of lighted substances;

27         amending s. 590.11, F.S.; providing

28         restrictions on recreation fires; creating s.

29         590.125, F.S.; providing conditions for

30         noncertified burning and certified prescribed

31         burning; amending s. 590.13, F.S.; providing

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  1         for civil liability; amending s. 590.14, F.S.;

  2         authorizing the division to issue warning

  3         citations; providing for a notice of violation;

  4         providing for the recovery of fire suppression

  5         costs; amending s. 590.16, F.S.; providing for

  6         discretionary rewards; amending s. 590.25,

  7         F.S.; providing a penalty for obstructing the

  8         extinguishing of wildfires; amending s. 590.27,

  9         F. S.; correcting an organizational reference;

10         amending s. 590.28, F.S.; providing penalties

11         for the careless or intentional burning of wild

12         lands; amending s. 590.29, F.S.; providing a

13         penalty for the illegal possession of

14         incendiary devices; amending ss. 590.33,

15         590.34, 590.42, F.S.; correcting organizational

16         references; repealing s. 590.025, F.S., which

17         provides for control burning; repealing s.

18         590.026, F.S., which provides for prescribed

19         burning; repealing s. 590.03, F.S., which

20         provides for fire wardens; repealing s. 590.04,

21         F.S., which provides for the organization of

22         districts; repealing s. 590.05, F.S., which

23         provides for road crews to extinguish fires;

24         repealing s. 590.06, F.S., which provides for

25         rules for road crews; repealing s. 590.07,

26         F.S., which provides for a penalty; repealing

27         s. 590.08, F.S., which provides for the

28         unlawful burning of lands; repealing s. 590.09,

29         F.S., which provides for setting fires on

30         rights-of-way; repealing s. 590.12, F.S., which

31         provides for unlawful burning; repealing s.

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  1         590.30 F.S., which provides for penalties;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 590.01, Florida Statutes, is

  7  amended to read:

  8         590.01  Wildfire protection Protection of forests and

  9  wild land.--The division of Forestry of the Department of

10  Agriculture and Consumer Services has the primary

11  responsibility for prevention, detection, and suppression of

12  wildfires wherever they may occur forest and wild land fire

13  protection. The division shall provide leadership and

14  direction in the evaluation, coordination, allocation of

15  resources, and monitoring of wildfire management and

16  protection, which reduces threats to life and property, forest

17  and wild land resources, and other related values at risk. The

18  division shall promote natural resource management and wild

19  land and forest fuel reduction through the use of prescribed

20  fire and other fuel reduction measures. The division may

21  designate and establish protection districts in areas declared

22  to need additional protection.

23         Section 2.  Section 590.015, Florida Statutes, is

24  created to read:

25         590.015  Definitions.--As used in this chapter, the

26  term:

27         (1)  "Division" means the Division of Forestry of the

28  Department of Agriculture and Consumer Services.

29         (2)  "Fire management services" means presuppression

30  fireline plowing, contract prescribed burning, prescribed and

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  1  wildfire management training, and other activities associated

  2  with prevention, detection, and suppression of wildfires.

  3         (3)  "Fuel reduction" means the application of

  4  techniques that reduce vegetative fuels, and may include

  5  prescribed burning, manual and mechanical clearing, and the

  6  use of herbicides.

  7         (4)  "Wildfire" means any vegetative fire that

  8  threatens to destroy life, property, or natural resources.

  9         (5)  "Wild land" means any public or private managed or

10  unmanaged forest, urban/interface, range land, recreation

11  lands, or any other land at risk of wildfire.

12         Section 3.  Section 590.02, Florida Statutes, is

13  amended to read:

14         590.02  Division powers, authority, and duties; law

15  enforcement; liability; building structures; Florida Center

16  for Wildfire and Forest Resources Management Training.--

17         (1)  The division has of Forestry, in connection with

18  the enforcement of this chapter and other forest and forest

19  fire laws, shall have the following powers, authority, and

20  duties:

21         (a)  To enforce the provisions of this chapter and

22  other forest fire and forest protection laws of this state;

23         (b)  To prevent, detect, suppress, and extinguish

24  wildfires wherever they may occur on public or private land

25  forest fires in this state and to do all things necessary in

26  the exercise of such powers, authority, and duties;

27         (c)  To provide forest firefighting crews, who shall be

28  under the control and direction of the division forest rangers

29  and its other designated agents of the division;

30         (d)  To appoint center managers, forest area

31  supervisors, forestry program administrators, a forest

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  1  protection bureau chief, a forest protection assistant bureau

  2  chief, a field operations bureau chief, deputy chiefs of field

  3  operations, district managers, senior forest rangers

  4  foresters, assistant district foresters, investigators, forest

  5  rangers, firefighter rotorcraft pilots, and other employees

  6  who may, at the division's discretion, be certified as

  7  forestry firefighters pursuant to s. 633.35(4);

  8         (e)  To develop a training curriculum for forestry

  9  firefighters which must shall contain the basic volunteer a

10  minimum of 280 hours, including 40 hours of structural fire

11  training course approved conducted by the Florida State Fire

12  College of the Division of State Fire Marshal and a minimum of

13  250 hours of wildfire training;

14         (f)  To use the resources of the division on

15  state-owned parks and historic memorials wherever located

16  within the state to prevent and suppress fires, to cut

17  firelines, to establish regional firefighting crews who shall

18  be authorized to suppress fires on state-owned park lands,

19  and, subject to approval of the Executive Office of the

20  Governor, to use funds not otherwise appropriated for the

21  purchase of the necessary equipment for combating fires in

22  state parks;

23         (f)(g)  To make rules to accomplish the purposes of

24  this chapter; and

25         (g)(h)  To provide fire management services and

26  emergency response assistance forest protection services to

27  the public on a request basis and to set and charge reasonable

28  fees for performance of those services. Moneys collected from

29  such fees shall be deposited into the Incidental Trust Fund of

30  the division.

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  1         (2)  Division employees Forest rangers, and the

  2  firefighting crews under their control and direction, may

  3  enter upon any lands for the purpose of preventing and

  4  suppressing wildfires and investigating smoke complaints or

  5  open burning not in compliance with authorization forest fires

  6  and to enforce the provisions of this chapter and other forest

  7  fire and forest protection laws of this state.

  8         (3)  Forest rangers, Employees of the division, and of

  9  all persons and federal, and state, and local agencies, and

10  all other persons and entities that which are under contract

11  or agreement with the division to assist in firefighting

12  operations as well as those entities persons, federal or state

13  agencies, firms, companies, or corporations called upon by

14  forest rangers or other authorized employees of the division

15  to assist in firefighting under the direction or supervision

16  of employees of the division may, in the performance of their

17  duties, set counterfires, remove fences and other obstacles,

18  backfires, dig trenches, cut firelines, use water from public

19  and private sources, and carry on all other customary

20  activities in the fighting of wildfires forest fires without

21  incurring liability to any person or entity.

22         (4)  The department may build structures,

23  notwithstanding chapters 216 and 255, not to exceed a cost of

24  $50,000 per structure from existing resources on forest lands,

25  federal excess property, and unneeded existing structures.

26  These structures must meet all applicable building codes.

27         (5)  The division shall organize its operational units

28  to most effectively prevent, detect, and suppress wildfires,

29  and to that end, may employ the necessary personnel to manage

30  its activities in each unit. The division may construct

31  lookout towers, roads, bridges, firelines, and other

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  1  facilities and may purchase or fabricate tools, supplies, and

  2  equipment for firefighting. The division may reimburse the

  3  public and private entities that it engages to assist in the

  4  suppression of wildfires for their personnel and equipment,

  5  including aircraft.

  6         (6)  The division shall undertake privatization

  7  alternatives for fire prevention activities including

  8  constructing fire lines and conducting prescribed burns and,

  9  where appropriate, entering into agreements or contracts with

10  the private sector to perform such activities.

11         (7)  The division may organize, staff, equip, and

12  operate the Florida Center for Wildfire and Forest Resources

13  Management Training. The center shall serve as a site where

14  fire and forest resource managers can obtain current

15  knowledge, techniques, skills, and theory as they relate to

16  their respective disciplines.

17         (a)  The center may establish cooperative efforts

18  involving federal, state, and local entities; hire appropriate

19  personnel; and engage others by contract or agreement with or

20  without compensation to assist in carrying out the training

21  and operations of the center.

22         (b)  The center shall provide wildfire suppression

23  training opportunities for rural fire departments, volunteer

24  fire departments, and other local fire response units.

25         (c)  The center will focus on curriculum related to,

26  but not limited to, fuel reduction, an incident management

27  system, prescribed burning certification, multiple-use land

28  management, water quality, forest health, environmental

29  education, and wildfire suppression training for structural

30  firefighters.

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  1         (d)  The center may assess appropriate fees for food,

  2  lodging, travel, course materials, and supplies in order to

  3  meet its operational costs and may grant free meals, room, and

  4  scholarships to persons and other entities in exchange for

  5  instructional assistance.

  6         (e)  An advisory committee consisting of the following

  7  individuals or their designees must review program curriculum,

  8  course content, and scheduling: the Director of the Florida

  9  Division of Forestry; the Assistant Director of the Florida

10  Division of Forestry; the Director of the School of Forest

11  Resources and Conservation of the University of Florida; the

12  Director of the Division of Recreation and Parks of the

13  Department of Environmental Protection; the Director of the

14  Division of the State Fire Marshal; the Director of the

15  Florida Chapter of The Nature Conservancy; the Executive Vice

16  President of the Florida Forestry Association; the President

17  of the Florida Farm Bureau Federation; the Executive Director

18  of the Florida Game and Fresh Water Fish Commission; the

19  Executive Director of a Water Management District as appointed

20  by the Commissioner of Agriculture; the Supervisor of the

21  National Forests in Florida; the President of the Florida Fire

22  Chief's Association; and the Executive Director of the Tall

23  Timbers Research Station.

24         Section 4.  Section 590.081, Florida Statutes, is

25  amended to read:

26         590.081  Severe Emergency drought conditions; burning

27  prohibited.--

28         (1)  It is unlawful for any person to set fire to, or

29  cause fire to be set to, any forest, grass, woods, wild lands,

30  or marshes, or to build a campfire or bonfire or to burn trash

31  or other debris within 600 yards of any forest, grasslands,

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  1  woods, wild lands, or marsh area in any county, counties or

  2  area within a county where, because of emergency drought

  3  conditions, there is extraordinary danger from fire, unless a

  4  written permit is obtained from the Division of Forestry or

  5  its designated agent, or unless it can be established that the

  6  setting of a backfire was necessary for the purpose of saving

  7  life or property.  The burden of proving such shall rest on

  8  such person claiming same as a defense.

  9         (1)(2)  The Commissioner of Agriculture, upon the

10  advice of the director of the division of Forestry, will

11  advise the Governor when forests in any county, counties, or

12  area within a county of this state, because of emergency

13  drought conditions, are in extraordinary danger from fire. The

14  Governor may by proclamation declare a severe drought

15  emergency to exist and describe the general boundaries of the

16  area affected.

17         (2)(3)  Any declaration proclamation promulgated by the

18  Commissioner of Agriculture Governor under authority of this

19  section shall be effective immediately upon being filed filing

20  same with the Department of State and shall remain in full

21  force and effect until, when conditions warrant a revocation.

22  In order to end the declaration, the commissioner must file a

23  revocation of the declaration with the Department of State, an

24  order of revocation of proclamation is made by the Governor

25  and filed with the Department of State.

26         (3)  It is unlawful for any person to set fire to, or

27  cause fire to be set to, any wild lands or to build a campfire

28  or bonfire or to burn trash or other debris within the

29  designated area of a severe drought emergency unless a written

30  permit is obtained from the division or its designated agent.

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  1         (4)  Any person violating any of the provisions of this

  2  section commits shall be guilty of a misdemeanor of the second

  3  degree, punishable as provided in s. 775.082 or s. 775.083.

  4         Section 5.  Section 590.082, Florida Statutes, is

  5  amended to read:

  6         590.082  Extraordinary fire hazard; certain acts made

  7  unlawful; proclamations by the Governor.--

  8         (1)  When the Commissioner of Agriculture has declared

  9  a severe drought emergency to exist and described the general

10  boundaries of the area affected as prescribed in s. 590.081

11  and the drought emergency continues until the wild lands

12  become so dry or parched as to create an extraordinary fire

13  hazard, the commissioner will advise the Governor that because

14  of prolonged severe drought conditions an extraordinary fire

15  hazard that could endanger life or property exists on wild

16  lands. When the Governor has by proclamation declared a

17  drought emergency to exist and described the general

18  boundaries of the area affected as prescribed in s. 590.081

19  and the drought emergency continues until the forest, grass,

20  woods, wild lands, fields, or marshes become so dry or parched

21  as to create an extraordinary fire hazard endangering life and

22  property, it shall be unlawful for any person, except the

23  owner or his or her agents or other persons regularly engaged

24  in harvesting, processing, or moving forest or farm products,

25  to enter or travel in any public or private forest lands,

26  grasslands, woods, fields, or marshes within the area

27  described by proclamation, except on public roads or highways

28  or on well-defined private roads.  Further, it shall be

29  unlawful for any person to carry on any nonessential

30  activities during such periods in the area affected.

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  1         (2)  The Commissioner of Agriculture, upon the advice

  2  of the director of the Division of Forestry, will, with the

  3  consent of the chair of the board of county commissioners of

  4  the affected county or counties, advise the Governor when

  5  forests, grass, woods, wild lands, fields, or marshes in any

  6  county, counties, or area within a county of this state,

  7  because of prolonged emergency drought conditions, become so

  8  dry or parched as to create an extraordinary fire hazard

  9  endangering life or property.

10         (2)  The Governor may by proclamation declare an

11  extraordinary fire hazard to exist and describe the general

12  boundaries of the area affected.

13         (3)  Any proclamation promulgated by the Governor under

14  authority of this section shall be effective immediately upon

15  filing same with the Department of State and shall remain in

16  effect until, when conditions warrant, an order of revocation

17  of proclamation is made by the Governor and filed with the

18  Department of State.

19         (3)  It is unlawful for any person, except the owner or

20  his or her agents or other persons regularly engaged in

21  harvesting, processing, or moving forest or farm products, to

22  enter or travel in any public or private wild land within the

23  area described by proclamation, except on public roads or

24  highways or on well-defined private roads.

25         (4)  Any person violating any of the provisions of this

26  section commits a misdemeanor of the second degree, punishable

27  as provided in s. 775.082 or s. 775.083 shall be punished as

28  for a misdemeanor as provided by s. 590.14.

29         Section 6.  Section 590.091, Florida Statutes, is

30  amended to read:

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  1         590.091  Designation of railroad rights-of-way as

  2  wildfire fire hazard areas.--

  3         (1)  The division may of Forestry, after notification

  4  to the local government to be affected by its actions, is

  5  authorized to annually designate, on or before October 1,

  6  those railroad rights-of-way in this state which are known

  7  wildfire fire hazard areas.

  8         (2)  In addition to the requirements of 49 C.F.R.

  9  chapter II, part 213, subpart B, It shall be the duty of all

10  railroad companies operating in this state to maintain their

11  rights-of-way designated as provided in subsection (1), as

12  known wildfire high fire hazard areas, in an approved

13  condition as shall be prescribed by rule of the division and

14  to provide adequate firebreaks where needed, so as to prevent

15  fire from igniting or spreading from rights-of-way to adjacent

16  property.

17         Section 7.  Section 590.10, Florida Statutes, is

18  amended to read:

19         590.10  Disposing of lighted substances cigars, etc.--

20         (1)  It is unlawful for any person to throw, or drop,

21  or dispose of from an automobile or vehicle, or otherwise, a

22  lighted match, cigarette, cigar, ashes, or other flaming or

23  glowing substance, or any substance or thing which may or does

24  cause a wildfire forest, grass, or woods fire.

25         (2)  Anyone who violates this section commits a

26  misdemeanor of the first degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         Section 8.  Section 590.11, Florida Statutes, is

29  amended to read:

30         590.11  Recreational fires Campfires.--It is unlawful

31  for any individual or group of individuals to build a warming

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  1  fire, bonfire, fire or campfire and leave it same

  2  unextinguished.

  3         Section 9.  Section 590.125, Florida Statutes, is

  4  created to read:

  5         590.125  Open burning authorized by the division.--

  6         (1)  DEFINITIONS.--As used in this section, the term:

  7         (a)  "Prescribed burning" means the controlled

  8  application of fire in accordance with a written prescription

  9  for vegetative fuels under specified environmental conditions

10  while following appropriate precautionary measures that ensure

11  that the fire is confined to a predetermined area to

12  accomplish the planned fire or land-management objectives.

13         (b)  "Certified prescribed burn manager" means an

14  individual who successfully completes the certification

15  program of the division and possesses a valid certification

16  number.

17         (c)  "Prescription" means a written plan establishing

18  the criteria necessary for starting, controlling, and

19  extinguishing a prescribed burn.

20         (d)  "Extinguished" means that no spreading flame for

21  wild land burning or certified prescribed burning, and no

22  visible flame, smoke, or emissions for vegetative

23  land-clearing debris burning, exist.

24         (2)  NONCERTIFIED BURNING.--

25         (a)  Persons may be authorized to burn wild land or

26  vegetative land-clearing debris in accordance with this

27  subsection if:

28         1.  There is specific consent of the landowner or his

29  or her designee;

30         2.  Authorization has been obtained from the division

31  or its designated agent before starting the burn;

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  1         3.  There are adequate fire breaks at the burn site and

  2  sufficient personnel and firefighting equipment for the

  3  control of the fire;

  4         4.  The fire remains within the boundary of the

  5  authorized area;

  6         5.  Someone is present at the burn site until the fire

  7  is extinguished;

  8         6.  The division does not cancel the authorization; and

  9         7.  The division determines that air quality and fire

10  danger are favorable for safe burning.

11         (b)  A person who burns wild land or vegetative

12  land-clearing debris in a manner that violates any requirement

13  of this subsection commits a misdemeanor of the second degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

16  AND PURPOSE.--

17         (a)  The application of prescribed burning is a land

18  management tool that benefits the safety of the public, the

19  environment, and the economy of the state. The Legislature

20  finds that:

21         1.  Prescribed burning reduces vegetative fuels within

22  wild land areas. Reduction of the fuel load reduces the risk

23  and severity of wildfire, thereby reducing the threat of loss

24  of life and property, particularly in urban areas.

25         2.  Most of Florida's natural communities require

26  periodic fire for maintenance of their ecological integrity.

27  Prescribed burning is essential to the perpetuation,

28  restoration, and management of many plant and animal

29  communities. Significant loss of the state's biological

30  diversity will occur if fire is excluded from fire-dependent

31  systems.

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  1         3.  Forestland and rangeland constitute significant

  2  economic, biological, and aesthetic resources of statewide

  3  importance. Prescribed burning on forestland prepares sites

  4  for reforestation, removes undesirable competing vegetation,

  5  expedites nutrient cycling, and controls or eliminates certain

  6  forest pathogens. On rangeland, prescribed burning improves

  7  the quality and quantity of herbaceous vegetation necessary

  8  for livestock production.

  9         4.  The state purchased hundreds of thousands of acres

10  of land for parks, preserves, wildlife management areas,

11  forests, and other public purposes. The use of prescribed

12  burning for management of public lands is essential to

13  maintain the specific resource values for which these lands

14  were acquired.

15         5.  A public education program is necessary to make

16  citizens and visitors aware of the public safety, resource,

17  and economic benefits of prescribed burning.

18         6.  Proper training in the use of prescribed burning is

19  necessary to ensure maximum benefits and protection for the

20  public.

21         7.  As Florida's population continues to grow,

22  pressures from liability issues and nuisance complaints

23  inhibit the use of prescribed burning. Therefore, the division

24  is urged to maximize the opportunities for prescribed burning

25  conducted during its daytime and nighttime authorization

26  process.

27         (b)  Certified prescribed burning must be conducted in

28  accordance with this subsection and:

29         1.  May only be accomplished when a certified

30  prescribed burn manager is present on site with a copy of the

31  prescription from ignition of the burn to its completion.

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  1         2.  Requires that a written prescription be prepared

  2  before receiving authorization to burn from the division.

  3         3.  Requires that the specific consent of the landowner

  4  or his or her designee be obtained before requesting an

  5  authorization.

  6         4.  Requires that an authorization to burn be obtained

  7  from the division before igniting the burn.

  8         5.  Requires that there be adequate firebreaks at the

  9  burn site and sufficient personnel and firefighting equipment

10  for the control of the fire.

11         6.  Is considered to be in the public interest and does

12  not constitute a public or private nuisance when conducted

13  under applicable state air pollution statutes and rules.

14         7.  Is considered to be a property right of the

15  property owner if vegetative fuels are burned as required in

16  this subsection.

17         (c)  A property owner or his or her agent is neither

18  liable for damage or injury caused by the fire or resulting

19  smoke nor considered to be in violation of subsection (2) for

20  burns conducted in accordance with this subsection unless

21  gross negligence is proven. When a lesser degree of negligence

22  is proven, a cap of $100,000 is imposed on the property owner

23  or his or her agent.

24         (d)  Any certified burner who violates this section

25  commits a misdemeanor of the second degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (e)  The division shall adopt rules for the use of

28  prescribed burning and for certifying and decertifying

29  certified prescribed burn managers based on their past

30  experience, training, and record of compliance with this

31  section.

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  1         (4)  WILDFIRE HAZARD REDUCTION BURNING BY THE

  2  DIVISION.--The division may prescribe burn any area of wild

  3  land within the state which is reasonably determined to be in

  4  danger of wildfire in accordance with the following

  5  procedures:

  6         (a)  Describe the areas that will be prescribe burned

  7  to the affected local governmental entity.

  8         (b)  Publish a prescribed burn notice, including a

  9  description of the area to be burned, in a conspicuous manner

10  in at least one newspaper of general circulation in the area

11  of the burn not less than 10 days before the burn.

12         (c)  Prepare, and the county tax collector shall

13  include with the annual tax statement, a notice to be sent to

14  all landowners in each township designated by the division as

15  a wildfire hazard area. The notice must describe particularly

16  the area to be burned and the tentative date or dates of the

17  burning and must list the reasons for and the expected

18  benefits from prescribed burning.

19         (d)  Consider any landowner objections to the

20  prescribed burning of his or her property. The landowner may

21  apply to the director of the division for a review of

22  alternative methods of fuel reduction on the property. If the

23  director or his or her designee does not resolve the landowner

24  objection, the director shall convene a panel made up of the

25  local forestry unit manager, the fire chief of the

26  jurisdiction, and the affected county or city manager, or any

27  of their designees. If the panel's recommendation is not

28  acceptable to the landowner, the landowner may request further

29  consideration by the Commissioner of Agriculture or his or her

30  designee.

31

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  1         (5)  DUTIES OF AGENCIES.--The Department of Education

  2  shall incorporate the issues of prescribed burning into its

  3  educational materials.

  4         Section 10.  Section 590.13, Florida Statutes, is

  5  amended to read:

  6         590.13  Civil liability.--Any person violating any of

  7  the provisions of this chapter shall be liable for all damages

  8  caused by such violation, which damages shall be recoverable

  9  in any court of competent jurisdiction.  The civil liability

10  attaches shall obtain whether or not there is be criminal

11  prosecution and conviction or not.

12         Section 11.  Section 590.14, Florida Statutes, is

13  amended to read:

14         590.14  Warning citation; notice of violation;

15  penalties.--

16         (1)  If unpredicted atmospheric conditions occur which

17  cause an authorized fire to escape from the boundaries of the

18  authorized area, if the fire does not leave the land owned or

19  controlled by the authorization holder, and if no damage has

20  occurred, the division may issue a warning citation of

21  violation of s. 590.125. Whoever willfully or intentionally

22  violates any of the provisions of this chapter commits a

23  felony of the third degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084.

25         (2)  If a division employee determines that a person

26  has violated chapter 589 or chapter 590, he or she may issue a

27  notice of violation indicating the statute violated. This

28  notice will be filed with the division and a copy forwarded to

29  the appropriate law enforcement entity for further action if

30  necessary.

31

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  1         (2)  Whoever carelessly violates any of the provisions

  2  of this chapter commits a misdemeanor of the second degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         (3)(a)  In addition to any all other penalties provided

  5  by law, any person who causes a wildfire an unauthorized

  6  forest, grass, woods, wild lands, marsh, leaf, or

  7  vegetative-land-clearing debris fire, or permits any

  8  authorized fire to escape the boundaries of the authorization

  9  or to burn past the time of the authorization, is liable for

10  the payment of all reasonable costs and expenses incurred in

11  suppressing the fire or $150, whichever is greater. All costs

12  and expenses incurred by the division shall be payable to the

13  division of Forestry. When such costs and expenses are not

14  paid within 30 days a reasonable time after demand, it shall

15  be the duty of the division may to take proper legal

16  proceedings for the collection of the costs and expenses.

17  Those costs incurred by an agency acting at the division's

18  direction are recoverable by that agency.

19         (b)  The liability for the costs of suppression shall

20  obtain whether or not there is a criminal prosecution, and the

21  liability shall extend to the person, firm, or corporation

22  causing, directing, or permitting the activity as well as to

23  the actual violator.

24         (4)  The department may also impose an administrative

25  fine, not to exceed $1,000 per violation of any section of

26  chapter 589 or chapter 590. The fine shall be based upon the

27  degree of damage and prior violation record of the person. The

28  fines shall be deposited in the Incidental Trust Fund of the

29  division.

30         (5)  The penalties provided in this section shall

31  extend to both the actual violator and the person or persons,

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  1  firm, or corporation causing, directing, or permitting the

  2  violation.

  3         Section 12.  Section 590.16, Florida Statutes, is

  4  amended to read:

  5         590.16  Rewards.--The division, in its discretion, may

  6  offer and pay rewards for information leading to the arrest

  7  and conviction of any person who violates violating any

  8  provision of the provisions of this chapter.

  9         Section 13.  Section 590.25, Florida Statutes, is

10  amended to read:

11         590.25  Penalty for preventing or obstructing

12  extinguishment of wildfires woods fires.--Whoever shall

13  interfere with, obstruct or commit any act aimed to obstruct

14  the extinguishment of wildfires forest fires by the employees

15  of the division of Forestry or any other person engaged in the

16  extinguishment of a wildfire woods fire, or who damages

17  injures or destroys any equipment being used for such purpose,

18  shall be guilty of a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.

20         Section 14.  Section 590.27, Florida Statutes, is

21  amended to read:

22         590.27  Penalty for mutilating or destroying state

23  forestry or fire control signs and posters.--Whoever

24  intentionally breaks down, mutilates, removes, or destroys any

25  fire control or forestry sign or poster commits of the

26  division of Forestry erected in the administration of its

27  lawful duties and authorities shall be guilty of a misdemeanor

28  of the second degree, punishable as provided in s. 775.082 or

29  s. 775.083.

30         Section 15.  Section 590.28, Florida Statutes, is

31  amended to read:

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  1         590.28  Willful, malicious, or Intentional or careless

  2  burning of lands.--

  3         (1)  Whoever willfully, maliciously, or intentionally

  4  burns, sets fire to, or causes to be burned or causes any fire

  5  to be set to, any wild land or vegetative land clearing debris

  6  forest, grass, or woodlands not owned by, or in the lawful

  7  possession of, the person setting such fire or burning such

  8  lands or causing such fire to be set or lands to be burned

  9  without complying with s. 590.125, commits shall, upon

10  conviction thereof, be deemed guilty of a felony of the third

11  degree, punishable as provided in s. 775.082, s. 775.083, or

12  s. 775.084 and punished as provided in s. 590.30.

13         (2)  Whoever carelessly burns, sets fire to, or causes

14  to be burned any wild lands not owned by, or in the lawful

15  possession of, the person setting the fire or burning the

16  lands or causing the fire to be set or lands to be burned,

17  commits a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083. The terms "willful,"

19  "malicious," and "intentional" as used in this section mean

20  not merely gross negligence or disregard for the rights of

21  others and not merely general criminal intent, but a specific

22  intent to damage or destroy public property or the property of

23  another, such intent being engendered by malice or spite or by

24  the hope of material gain or employment to be derived either

25  directly or indirectly.

26         Section 16.  Section 590.29, Florida Statutes, is

27  amended to read:

28         590.29  Illegal possession of incendiary device.--

29         (1)  It is unlawful for a person other than a certified

30  fire or law enforcement instructor to have Whoever, being

31  outside the corporate limits of any municipality, has in his

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  1  or her possession any incendiary device as defined by

  2  subsection (3) with the intent to use such device for the

  3  purpose of burning or setting fire to any wild land forest,

  4  grass, or woodland, if such person is not the owner of, nor,

  5  as under a lease, in lawful possession of, the wild land

  6  forest, grass, or woodland, shall, upon conviction thereof, be

  7  deemed guilty of a felony and punished as provided in s.

  8  590.30.

  9         (2)  The possession of any incendiary device as defined

10  by subsection (3) is prima facie evidence of the intent of the

11  person possessing such device to use such device for the

12  purpose of burning or setting fire to wild land forest, grass,

13  or woodland if such person is not the owner of the wild land,

14  nor, as under a lease, in lawful possession of, the forest,

15  grass, or woodland.

16         (3)  The term "incendiary device" as used in this

17  section is included but not limited to any "slow match" which

18  is any device contrived to accomplish the delayed ignition of

19  a match or matches or other inflammable material by the use of

20  a cigarette, rope, or candle to which such match or matches

21  are attached, or a magnifying glass so focused as to intensify

22  heat on inflammable material and thus cause a fire to start at

23  a subsequent time, and any chemicals or chemically treated

24  paper or material, or other combustible material so arranged

25  or designed as to make possible its use as a delayed firing

26  device.

27         (4)  Anyone who violates this section commits a felony

28  of the third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         Section 17.  Section 590.33, Florida Statutes, is

31  amended to read:

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  1         590.33  State compact administrator; compact advisory

  2  committee.--In pursuance of art. III of the compact, the

  3  director of the division of Forestry shall act as compact

  4  administrator for Florida of the Southeastern Interstate

  5  Forest Fire Protection Compact during his or her term of

  6  office as director, and his or her successor as compact

  7  administrator shall be his or her successor as director of the

  8  division of Forestry.  As compact administrator he or she

  9  shall be an ex officio member of the advisory committee of the

10  Southeastern Interstate Forest Fire Protection Compact, and

11  chair ex officio of the Florida members of the advisory

12  committee.  There shall be four members of the Southeastern

13  Interstate Forest Fire Protection Compact Advisory Committee

14  from Florida.  Two of the members from Florida shall be

15  members of the Legislature of Florida, one from the Senate and

16  one from the House of Representatives, designated by the

17  Florida Commission on Interstate Cooperation, and the terms of

18  any such members shall terminate at the time they cease to

19  hold legislative office, and their successors as members shall

20  be named in like manner.  The Governor shall appoint the other

21  two members from Florida, one of whom shall be associated with

22  forestry or forest products industries.  The terms of such

23  members shall be 3 years and such members shall hold office

24  until their respective successors shall be appointed and

25  qualified.  Vacancies occurring in the office of such members

26  from any reason or cause shall be filled by appointment by the

27  Governor for the unexpired term.  The director of the division

28  of Forestry as compact administrator for Florida may delegate,

29  from time to time, to any deputy or other subordinate in his

30  or her department or office, the power to be present and

31  participate, including voting as his or her representative or

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  1  substitute at any meeting of or hearing by or other proceeding

  2  of the compact administrators or of the advisory committee.

  3  The terms of each of the initial four memberships, whether

  4  appointed at said time or not, shall begin upon the date upon

  5  which the compact shall become effective in accordance with

  6  art. II of said compact. Any member of the advisory committee

  7  may be removed from office by the Governor upon charges and

  8  after a hearing.

  9         Section 18.  Section 590.34, Florida Statutes, is

10  amended to read:

11         590.34  State compact administrator and compact

12  advisory committee members; powers; aid from other state

13  agencies.--There is hereby granted to the director of the

14  division of Forestry, as compact administrator and chair ex

15  officio of the Florida members of the advisory committee, and

16  to the members from Florida of the advisory committee all the

17  powers provided for in the compact and all the powers

18  necessary or incidental to the carrying out of the compact in

19  every particular. All officers of Florida are hereby

20  authorized and directed to do all things falling within their

21  respective provinces and jurisdiction necessary or incidental

22  to the carrying out of the compact in every particular; it

23  being hereby declared to be the policy of the state to perform

24  and carry out the said compact and to accomplish the purposes

25  thereof.  All officers, bureaus, departments, and persons of

26  and in the state government or administration of the state are

27  hereby authorized and directed at convenient times and upon

28  request of the compact administrator or of the advisory

29  committee to furnish information data relating to the purposes

30  of the compact possessed by them or any of them to the compact

31  administrator of the advisory committee.  They are further

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  1  authorized to aid the compact administrator or the advisory

  2  committee by loan of personnel, equipment, or other means in

  3  carrying out the purposes of the compact.

  4         Section 19.  Subsection (2) of section 590.42, Florida

  5  Statutes, is amended to read:

  6         590.42  Federally funded fire protection assistance

  7  programs.--

  8         (2)  With respect to the formulation of projects

  9  relating to fire protection of livestock, wildlife, crops,

10  pastures, orchards, rangeland, woodland, farmsteads, or other

11  improvements, and other values in rural areas, for which such

12  federal matching funds are available, any participating county

13  or fire department may contribute to the nonfederal matching

14  share and may also contribute such other nonfederal

15  cooperation as may be deemed necessary by the division of

16  Forestry.

17         Section 20.  Sections 590.025, 590.026, 590.03, 590.04,

18  590.05, 590.06, 590.07, 590.08, 590.09, 590.12, 590.30,

19  Florida Statutes, are repealed.

20         Section 21.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Revises ch. 590, F.S., to provide the Division of
26    Forestry of the Department of Agriculture and Consumer
      Services with the power to prevent, detect, and suppress
27    wildfires.

28

29

30

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