House Bill 1535c1
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Florida House of Representatives - 1999 CS/HB 1535
By the Committees on General Government Appropriations,
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.; revising provisions relating to
22 declarations of severe drought emergencies;
23 providing a requirement for executive orders by
24 the Governor relating to extraordinary fire
25 hazards; providing a penalty for certain travel
26 through hazardous areas; amending s. 590.091,
27 F.S.; providing for designation of railroad
28 rights-of-way in wildfire areas; amending s.
29 590.10, F.S.; providing a penalty for the
30 disposal of lighted substances; amending s.
31 590.11, F.S.; providing restrictions on
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1 recreation fires; creating s. 590.125, F.S.;
2 providing conditions for noncertified burning
3 and certified prescribed burning; amending s.
4 590.13, F.S.; providing for civil liability;
5 amending s. 590.14, F.S.; authorizing the
6 division to issue warning citations; providing
7 for a notice of violation; providing for the
8 recovery of fire suppression costs; amending s.
9 590.16, F.S.; providing for discretionary
10 rewards; amending s. 590.25, F.S.; providing a
11 penalty for obstructing the extinguishing of
12 wildfires; amending s. 590.27, F.S.; correcting
13 an organizational reference; amending s.
14 590.28, F.S.; providing penalties for the
15 careless or intentional burning of wild lands;
16 amending s. 590.29, F.S.; providing a penalty
17 for the illegal possession of incendiary
18 devices; amending ss. 590.33, 590.34, and
19 590.42, F.S.; correcting organizational
20 references; amending s. 259.032, F.S.;
21 providing for the use of Conservation and
22 Recreation Lands funds to manage additional
23 lands; providing for uses of management
24 equipment; amending s. 372.57, F.S.; providing
25 an exemption to the recreational user permit
26 fee; repealing s. 590.025, F.S., relating to
27 control burning, s. 590.026, F.S., relating to
28 prescribed burning, s. 590.03, F.S., relating
29 to fire wardens, s. 590.04, F.S., relating to
30 the organization of districts, s. 590.05, F.S.,
31 relating to road crews to extinguish fires, s.
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1 590.06, F.S., relating to rules for road crews,
2 s. 590.07, F.S., relating to a penalty, s.
3 590.08, F.S., relating to the unlawful burning
4 of lands, s. 590.09, F.S., relating to setting
5 fires on rights-of-way, s. 590.12, F.S.,
6 relating to unlawful burning, and s. 590.30
7 F.S., relating to penalties; providing an
8 appropriation; providing for the rebuilding of
9 certain structures; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 590.01, Florida Statutes, is
15 amended to read:
16 590.01 Wildfire protection Protection of forests and
17 wild land.--The division of Forestry of the Department of
18 Agriculture and Consumer Services has the primary
19 responsibility for prevention, detection, and suppression of
20 wildfires wherever they may occur forest and wild land fire
21 protection. The division shall provide leadership and
22 direction in the evaluation, coordination, allocation of
23 resources, and monitoring of wildfire management and
24 protection, which reduces threats to life and property, forest
25 and wild land resources, and other related values at risk. The
26 division shall promote natural resource management and wild
27 land and forest fuel reduction through the use of prescribed
28 fire and other fuel reduction measures. The division may
29 designate and establish protection districts in areas declared
30 to need additional protection.
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1 Section 2. Section 590.015, Florida Statutes, is
2 created to read:
3 590.015 Definitions.--As used in this chapter, the
4 term:
5 (1) "Division" means the Division of Forestry of the
6 Department of Agriculture and Consumer Services.
7 (2) "Fire management services" means presuppression
8 fireline plowing, contract prescribed burning, prescribed and
9 wildfire management training, and other activities associated
10 with prevention, detection, and suppression of wildfires.
11 (3) "Fuel reduction" means the application of
12 techniques that reduce vegetative fuels, and may include
13 prescribed burning, manual and mechanical clearing, and the
14 use of herbicides.
15 (4) "Wildfire" means any vegetative fire that
16 threatens to destroy life, property, or natural resources.
17 (5) "Wild land" means any public or private managed or
18 unmanaged forest, urban/interface, range land, recreation
19 lands, or any other land at risk of wildfire.
20 Section 3. Section 590.02, Florida Statutes, is
21 amended to read:
22 590.02 Division powers, authority, and duties; law
23 enforcement; liability; building structures; Florida Center
24 for Wildfire and Forest Resources Management Training.--
25 (1) The division has of Forestry, in connection with
26 the enforcement of this chapter and other forest and forest
27 fire laws, shall have the following powers, authority, and
28 duties:
29 (a) To enforce the provisions of this chapter and
30 other forest fire and forest protection laws of this state;
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1 (b) To prevent, detect, suppress, and extinguish
2 wildfires wherever they may occur on public or private land
3 forest fires in this state and to do all things necessary in
4 the exercise of such powers, authority, and duties;
5 (c) To provide forest firefighting crews, who shall be
6 under the control and direction of the division forest rangers
7 and its other designated agents of the division;
8 (d) To appoint center managers, forest area
9 supervisors, forestry program administrators, a forest
10 protection bureau chief, a forest protection assistant bureau
11 chief, a field operations bureau chief, deputy chiefs of field
12 operations, district managers, senior forest rangers
13 foresters, assistant district foresters, investigators, forest
14 rangers, firefighter rotorcraft pilots, and other employees
15 who may, at the division's discretion, be certified as
16 forestry firefighters pursuant to s. 633.35(4);
17 (e) To develop a training curriculum for forestry
18 firefighters which must shall contain the basic volunteer a
19 minimum of 280 hours, including 40 hours of structural fire
20 training course approved conducted by the Florida State Fire
21 College of the Division of State Fire Marshal and a minimum of
22 250 hours of wildfire training;
23 (f) To use the resources of the division on
24 state-owned parks and historic memorials wherever located
25 within the state to prevent and suppress fires, to cut
26 firelines, to establish regional firefighting crews who shall
27 be authorized to suppress fires on state-owned park lands,
28 and, subject to approval of the Executive Office of the
29 Governor, to use funds not otherwise appropriated for the
30 purchase of the necessary equipment for combating fires in
31 state parks;
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1 (f)(g) To make rules to accomplish the purposes of
2 this chapter; and
3 (g)(h) To provide fire management services and
4 emergency response assistance forest protection services to
5 the public on a request basis and to set and charge reasonable
6 fees for performance of those services. Moneys collected from
7 such fees shall be deposited into the Incidental Trust Fund of
8 the division.
9 (2) Division employees Forest rangers, and the
10 firefighting crews under their control and direction, may
11 enter upon any lands for the purpose of preventing and
12 suppressing wildfires and investigating smoke complaints or
13 open burning not in compliance with authorization forest fires
14 and to enforce the provisions of this chapter and other forest
15 fire and forest protection laws of this state.
16 (3) Forest rangers, Employees of the division, and of
17 all persons and federal, and state, and local agencies, and
18 all other persons and entities that which are under contract
19 or agreement with the division to assist in firefighting
20 operations as well as those entities persons, federal or state
21 agencies, firms, companies, or corporations called upon by
22 forest rangers or other authorized employees of the division
23 to assist in firefighting under the direction or supervision
24 of employees of the division may, in the performance of their
25 duties, set counterfires, remove fences and other obstacles,
26 backfires, dig trenches, cut firelines, use water from public
27 and private sources, and carry on all other customary
28 activities in the fighting of wildfires forest fires without
29 incurring liability to any person or entity.
30 (4) The department may build structures,
31 notwithstanding chapters 216 and 255, not to exceed a cost of
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1 $50,000 per structure from existing resources on forest lands,
2 federal excess property, and unneeded existing structures.
3 These structures must meet all applicable building codes.
4 (5) The division shall organize its operational units
5 to most effectively prevent, detect, and suppress wildfires,
6 and to that end, may employ the necessary personnel to manage
7 its activities in each unit. The division may construct
8 lookout towers, roads, bridges, firelines, and other
9 facilities and may purchase or fabricate tools, supplies, and
10 equipment for firefighting. The division may reimburse the
11 public and private entities that it engages to assist in the
12 suppression of wildfires for their personnel and equipment,
13 including aircraft.
14 (6) The division shall undertake privatization
15 alternatives for fire prevention activities including
16 constructing fire lines and conducting prescribed burns and,
17 where appropriate, entering into agreements or contracts with
18 the private sector to perform such activities.
19 (7) The division may organize, staff, equip, and
20 operate the Florida Center for Wildfire and Forest Resources
21 Management Training. The center shall serve as a site where
22 fire and forest resource managers can obtain current
23 knowledge, techniques, skills, and theory as they relate to
24 their respective disciplines.
25 (a) The center may establish cooperative efforts
26 involving federal, state, and local entities; hire appropriate
27 personnel; and engage others by contract or agreement with or
28 without compensation to assist in carrying out the training
29 and operations of the center.
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1 (b) The center shall provide wildfire suppression
2 training opportunities for rural fire departments, volunteer
3 fire departments, and other local fire response units.
4 (c) The center will focus on curriculum related to,
5 but not limited to, fuel reduction, an incident management
6 system, prescribed burning certification, multiple-use land
7 management, water quality, forest health, environmental
8 education, and wildfire suppression training for structural
9 firefighters.
10 (d) The center may assess appropriate fees for food,
11 lodging, travel, course materials, and supplies in order to
12 meet its operational costs and may grant free meals, room, and
13 scholarships to persons and other entities in exchange for
14 instructional assistance.
15 (e) An advisory committee consisting of the following
16 individuals or their designees must review program curriculum,
17 course content, and scheduling: the Director of the Florida
18 Division of Forestry; the Assistant Director of the Florida
19 Division of Forestry; the Director of the School of Forest
20 Resources and Conservation of the University of Florida; the
21 Director of the Division of Recreation and Parks of the
22 Department of Environmental Protection; the Director of the
23 Division of the State Fire Marshal; the Director of the
24 Florida Chapter of The Nature Conservancy; the Executive Vice
25 President of the Florida Forestry Association; the President
26 of the Florida Farm Bureau Federation; the Executive Director
27 of the Florida Game and Fresh Water Fish Commission; the
28 Executive Director of a Water Management District as appointed
29 by the Commissioner of Agriculture; the Supervisor of the
30 National Forests in Florida; the President of the Florida Fire
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1 Chief's Association; and the Executive Director of the Tall
2 Timbers Research Station.
3 Section 4. Section 590.081, Florida Statutes, is
4 amended to read:
5 590.081 Severe Emergency drought conditions; burning
6 prohibited.--
7 (1) It is unlawful for any person to set fire to, or
8 cause fire to be set to, any forest, grass, woods, wild lands,
9 or marshes, or to build a campfire or bonfire or to burn trash
10 or other debris within 600 yards of any forest, grasslands,
11 woods, wild lands, or marsh area in any county, counties or
12 area within a county where, because of emergency drought
13 conditions, there is extraordinary danger from fire, unless a
14 written permit is obtained from the Division of Forestry or
15 its designated agent, or unless it can be established that the
16 setting of a backfire was necessary for the purpose of saving
17 life or property. The burden of proving such shall rest on
18 such person claiming same as a defense.
19 (1)(2) The Commissioner of Agriculture, upon the
20 advice of the director of the division of Forestry, will
21 advise the Governor when forests in any county, counties, or
22 area within a county of this state, because of emergency
23 drought conditions, are in extraordinary danger from fire. The
24 Governor may by proclamation declare a severe drought
25 emergency to exist and describe the general boundaries of the
26 area affected.
27 (2)(3) Any declaration proclamation promulgated by the
28 Commissioner of Agriculture Governor under authority of this
29 section shall be effective immediately upon being filed filing
30 same with the Department of State and shall remain in full
31 force and effect until, when conditions warrant a revocation.
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1 In order to end the declaration, the commissioner must file a
2 revocation of the declaration with the Department of State, an
3 order of revocation of proclamation is made by the Governor
4 and filed with the Department of State.
5 (3) It is unlawful for any person to set fire to, or
6 cause fire to be set to, any wild lands or to build a campfire
7 or bonfire or to burn trash or other debris within the
8 designated area of a severe drought emergency unless a written
9 permit is obtained from the division or its designated agent.
10 (4) Any person violating any of the provisions of this
11 section commits shall be guilty of a misdemeanor of the second
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 Section 5. Section 590.082, Florida Statutes, is
14 amended to read:
15 590.082 Extraordinary fire hazard; certain acts made
16 unlawful; proclamations by the Governor.--
17 (1) When the Commissioner of Agriculture has declared
18 a severe drought emergency to exist and described the general
19 boundaries of the area affected as prescribed in s. 590.081
20 and the drought emergency continues until the wild lands
21 become so dry or parched as to create an extraordinary fire
22 hazard, the commissioner will advise the Governor that because
23 of prolonged severe drought conditions an extraordinary fire
24 hazard that could endanger life or property exists on wild
25 lands. When the Governor has by proclamation declared a
26 drought emergency to exist and described the general
27 boundaries of the area affected as prescribed in s. 590.081
28 and the drought emergency continues until the forest, grass,
29 woods, wild lands, fields, or marshes become so dry or parched
30 as to create an extraordinary fire hazard endangering life and
31 property, it shall be unlawful for any person, except the
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1 owner or his or her agents or other persons regularly engaged
2 in harvesting, processing, or moving forest or farm products,
3 to enter or travel in any public or private forest lands,
4 grasslands, woods, fields, or marshes within the area
5 described by proclamation, except on public roads or highways
6 or on well-defined private roads. Further, it shall be
7 unlawful for any person to carry on any nonessential
8 activities during such periods in the area affected.
9 (2) The Commissioner of Agriculture, upon the advice
10 of the director of the Division of Forestry, will, with the
11 consent of the chair of the board of county commissioners of
12 the affected county or counties, advise the Governor when
13 forests, grass, woods, wild lands, fields, or marshes in any
14 county, counties, or area within a county of this state,
15 because of prolonged emergency drought conditions, become so
16 dry or parched as to create an extraordinary fire hazard
17 endangering life or property.
18 (2) The Governor may by proclamation declare an
19 extraordinary fire hazard to exist and describe the general
20 boundaries of the area affected.
21 (3) Any proclamation promulgated by the Governor under
22 authority of this section shall be effective immediately upon
23 filing same with the Department of State and shall remain in
24 effect until, when conditions warrant, an order of revocation
25 of proclamation is made by the Governor and filed with the
26 Department of State.
27 (3) The executive order promulgated by the Governor
28 declaring an extraordinary fire hazard to exist shall contain
29 all measures necessary to protect the health, safety, and
30 welfare of the state. Specifically, the Governor shall have
31 the exclusive right to ban the use of fireworks and campfires
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1 only in the area affected by the order and only for the
2 duration of the order, notwithstanding any other law to the
3 contrary.
4 (4) It is unlawful for any person, except the owner or
5 his or her agents or other persons regularly engaged in
6 harvesting, processing, or moving forest or farm products, to
7 enter or travel in any public or private wild land within the
8 area described by proclamation, except on public roads or
9 highways or on well-defined private roads.
10 (5)(4) Any person violating any of the provisions of
11 this section commits a misdemeanor of the second degree,
12 punishable as provided in s. 775.082 or s. 775.083 shall be
13 punished as for a misdemeanor as provided by s. 590.14.
14 Section 6. Section 590.091, Florida Statutes, is
15 amended to read:
16 590.091 Designation of railroad rights-of-way as
17 wildfire fire hazard areas.--
18 (1) The division may of Forestry, after notification
19 to the local government to be affected by its actions, is
20 authorized to annually designate, on or before October 1,
21 those railroad rights-of-way in this state which are known
22 wildfire fire hazard areas.
23 (2) In addition to the requirements of 49 C.F.R.
24 chapter II, part 213, subpart B, It shall be the duty of all
25 railroad companies operating in this state to maintain their
26 rights-of-way designated as provided in subsection (1), as
27 known wildfire high fire hazard areas, in an approved
28 condition as shall be prescribed by rule of the division and
29 to provide adequate firebreaks where needed, so as to prevent
30 fire from igniting or spreading from rights-of-way to adjacent
31 property.
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1 Section 7. Section 590.10, Florida Statutes, is
2 amended to read:
3 590.10 Disposing of lighted substances cigars, etc.--
4 (1) It is unlawful for any person to throw, or drop,
5 or dispose of from an automobile or vehicle, or otherwise, a
6 lighted match, cigarette, cigar, ashes, or other flaming or
7 glowing substance, or any substance or thing which may or does
8 cause a wildfire forest, grass, or woods fire.
9 (2) Anyone who violates this section commits a
10 misdemeanor of the first degree, punishable as provided in s.
11 775.082 or s. 775.083.
12 Section 8. Section 590.11, Florida Statutes, is
13 amended to read:
14 590.11 Recreational fires Campfires.--It is unlawful
15 for any individual or group of individuals to build a warming
16 fire, bonfire, fire or campfire and leave it same
17 unextinguished.
18 Section 9. Section 590.125, Florida Statutes, is
19 created to read:
20 590.125 Open burning authorized by the division.--
21 (1) DEFINITIONS.--As used in this section, the term:
22 (a) "Prescribed burning" means the controlled
23 application of fire in accordance with a written prescription
24 for vegetative fuels under specified environmental conditions
25 while following appropriate precautionary measures that ensure
26 that the fire is confined to a predetermined area to
27 accomplish the planned fire or land-management objectives.
28 (b) "Certified prescribed burn manager" means an
29 individual who successfully completes the certification
30 program of the division and possesses a valid certification
31 number.
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1 (c) "Prescription" means a written plan establishing
2 the criteria necessary for starting, controlling, and
3 extinguishing a prescribed burn.
4 (d) "Extinguished" means that no spreading flame for
5 wild land burning or certified prescribed burning, and no
6 visible flame, smoke, or emissions for vegetative
7 land-clearing debris burning, exist.
8 (2) NONCERTIFIED BURNING.--
9 (a) Persons may be authorized to burn wild land or
10 vegetative land-clearing debris in accordance with this
11 subsection if:
12 1. There is specific consent of the landowner or his
13 or her designee;
14 2. Authorization has been obtained from the division
15 or its designated agent before starting the burn;
16 3. There are adequate fire breaks at the burn site and
17 sufficient personnel and firefighting equipment for the
18 control of the fire;
19 4. The fire remains within the boundary of the
20 authorized area;
21 5. Someone is present at the burn site until the fire
22 is extinguished;
23 6. The division does not cancel the authorization; and
24 7. The division determines that air quality and fire
25 danger are favorable for safe burning.
26 (b) A person who burns wild land or vegetative
27 land-clearing debris in a manner that violates any requirement
28 of this subsection commits a misdemeanor of the second degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS
31 AND PURPOSE.--
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1 (a) The application of prescribed burning is a land
2 management tool that benefits the safety of the public, the
3 environment, and the economy of the state. The Legislature
4 finds that:
5 1. Prescribed burning reduces vegetative fuels within
6 wild land areas. Reduction of the fuel load reduces the risk
7 and severity of wildfire, thereby reducing the threat of loss
8 of life and property, particularly in urban areas.
9 2. Most of Florida's natural communities require
10 periodic fire for maintenance of their ecological integrity.
11 Prescribed burning is essential to the perpetuation,
12 restoration, and management of many plant and animal
13 communities. Significant loss of the state's biological
14 diversity will occur if fire is excluded from fire-dependent
15 systems.
16 3. Forestland and rangeland constitute significant
17 economic, biological, and aesthetic resources of statewide
18 importance. Prescribed burning on forestland prepares sites
19 for reforestation, removes undesirable competing vegetation,
20 expedites nutrient cycling, and controls or eliminates certain
21 forest pathogens. On rangeland, prescribed burning improves
22 the quality and quantity of herbaceous vegetation necessary
23 for livestock production.
24 4. The state purchased hundreds of thousands of acres
25 of land for parks, preserves, wildlife management areas,
26 forests, and other public purposes. The use of prescribed
27 burning for management of public lands is essential to
28 maintain the specific resource values for which these lands
29 were acquired.
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1 5. A public education program is necessary to make
2 citizens and visitors aware of the public safety, resource,
3 and economic benefits of prescribed burning.
4 6. Proper training in the use of prescribed burning is
5 necessary to ensure maximum benefits and protection for the
6 public.
7 7. As Florida's population continues to grow,
8 pressures from liability issues and nuisance complaints
9 inhibit the use of prescribed burning. Therefore, the division
10 is urged to maximize the opportunities for prescribed burning
11 conducted during its daytime and nighttime authorization
12 process.
13 (b) Certified prescribed burning must be conducted in
14 accordance with this subsection and:
15 1. May only be accomplished when a certified
16 prescribed burn manager is present on site with a copy of the
17 prescription from ignition of the burn to its completion.
18 2. Requires that a written prescription be prepared
19 before receiving authorization to burn from the division.
20 3. Requires that the specific consent of the landowner
21 or his or her designee be obtained before requesting an
22 authorization.
23 4. Requires that an authorization to burn be obtained
24 from the division before igniting the burn.
25 5. Requires that there be adequate firebreaks at the
26 burn site and sufficient personnel and firefighting equipment
27 for the control of the fire.
28 6. Is considered to be in the public interest and does
29 not constitute a public or private nuisance when conducted
30 under applicable state air pollution statutes and rules.
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1 7. Is considered to be a property right of the
2 property owner if vegetative fuels are burned as required in
3 this subsection.
4 (c) A property owner or his or her agent is neither
5 liable for damage or injury caused by the fire or resulting
6 smoke nor considered to be in violation of subsection (2) for
7 burns conducted in accordance with this subsection unless
8 gross negligence is proven. When a lesser degree of negligence
9 is proven, a cap of $100,000 is imposed on the property owner
10 or his or her agent.
11 (d) Any certified burner who violates this section
12 commits a misdemeanor of the second degree, punishable as
13 provided in s. 775.082 or s. 775.083.
14 (e) The division shall adopt rules for the use of
15 prescribed burning and for certifying and decertifying
16 certified prescribed burn managers based on their past
17 experience, training, and record of compliance with this
18 section.
19 (4) WILDFIRE HAZARD REDUCTION BURNING BY THE
20 DIVISION.--The division may prescribe burn any area of wild
21 land within the state which is reasonably determined to be in
22 danger of wildfire in accordance with the following
23 procedures:
24 (a) Describe the areas that will be prescribe burned
25 to the affected local governmental entity.
26 (b) Publish a prescribed burn notice, including a
27 description of the area to be burned, in a conspicuous manner
28 in at least one newspaper of general circulation in the area
29 of the burn not less than 10 days before the burn.
30 (c) Prepare, and the county tax collector shall
31 include with the annual tax statement, a notice to be sent to
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1 all landowners in each township designated by the division as
2 a wildfire hazard area. The notice must describe particularly
3 the area to be burned and the tentative date or dates of the
4 burning and must list the reasons for and the expected
5 benefits from prescribed burning.
6 (d) Consider any landowner objections to the
7 prescribed burning of his or her property. The landowner may
8 apply to the director of the division for a review of
9 alternative methods of fuel reduction on the property. If the
10 director or his or her designee does not resolve the landowner
11 objection, the director shall convene a panel made up of the
12 local forestry unit manager, the fire chief of the
13 jurisdiction, and the affected county or city manager, or any
14 of their designees. If the panel's recommendation is not
15 acceptable to the landowner, the landowner may request further
16 consideration by the Commissioner of Agriculture or his or her
17 designee.
18 (5) DUTIES OF AGENCIES.--The Department of Education
19 shall incorporate the issues of prescribed burning into its
20 educational materials.
21 Section 10. Section 590.13, Florida Statutes, is
22 amended to read:
23 590.13 Civil liability.--Any person violating any of
24 the provisions of this chapter shall be liable for all damages
25 caused by such violation, which damages shall be recoverable
26 in any court of competent jurisdiction. The civil liability
27 attaches shall obtain whether or not there is be criminal
28 prosecution and conviction or not.
29 Section 11. Section 590.14, Florida Statutes, is
30 amended to read:
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1 590.14 Warning citation; notice of violation;
2 penalties.--
3 (1) If unpredicted atmospheric conditions occur which
4 cause an authorized fire to escape from the boundaries of the
5 authorized area, if the fire does not leave the land owned or
6 controlled by the authorization holder, and if no damage has
7 occurred, the division may issue a warning citation of
8 violation of s. 590.125. Whoever willfully or intentionally
9 violates any of the provisions of this chapter commits a
10 felony of the third degree, punishable as provided in s.
11 775.082, s. 775.083, or s. 775.084.
12 (2) If a division employee determines that a person
13 has violated chapter 589 or chapter 590, he or she may issue a
14 notice of violation indicating the statute violated. This
15 notice will be filed with the division and a copy forwarded to
16 the appropriate law enforcement entity for further action if
17 necessary.
18 (2) Whoever carelessly violates any of the provisions
19 of this chapter commits a misdemeanor of the second degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (3)(a) In addition to any all other penalties provided
22 by law, any person who causes a wildfire an unauthorized
23 forest, grass, woods, wild lands, marsh, leaf, or
24 vegetative-land-clearing debris fire, or permits any
25 authorized fire to escape the boundaries of the authorization
26 or to burn past the time of the authorization, is liable for
27 the payment of all reasonable costs and expenses incurred in
28 suppressing the fire or $150, whichever is greater. All costs
29 and expenses incurred by the division shall be payable to the
30 division of Forestry. When such costs and expenses are not
31 paid within 30 days a reasonable time after demand, it shall
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1 be the duty of the division may to take proper legal
2 proceedings for the collection of the costs and expenses.
3 Those costs incurred by an agency acting at the division's
4 direction are recoverable by that agency.
5 (b) The liability for the costs of suppression shall
6 obtain whether or not there is a criminal prosecution, and the
7 liability shall extend to the person, firm, or corporation
8 causing, directing, or permitting the activity as well as to
9 the actual violator.
10 (4) The department may also impose an administrative
11 fine, not to exceed $1,000 per violation of any section of
12 chapter 589 or chapter 590. The fine shall be based upon the
13 degree of damage and prior violation record of the person. The
14 fines shall be deposited in the Incidental Trust Fund of the
15 division.
16 (5) The penalties provided in this section shall
17 extend to both the actual violator and the person or persons,
18 firm, or corporation causing, directing, or permitting the
19 violation.
20 Section 12. Section 590.16, Florida Statutes, is
21 amended to read:
22 590.16 Rewards.--The division, in its discretion, may
23 offer and pay rewards for information leading to the arrest
24 and conviction of any person who violates violating any
25 provision of the provisions of this chapter.
26 Section 13. Section 590.25, Florida Statutes, is
27 amended to read:
28 590.25 Penalty for preventing or obstructing
29 extinguishment of wildfires woods fires.--Whoever shall
30 interfere with, obstruct or commit any act aimed to obstruct
31 the extinguishment of wildfires forest fires by the employees
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1 of the division of Forestry or any other person engaged in the
2 extinguishment of a wildfire woods fire, or who damages
3 injures or destroys any equipment being used for such purpose,
4 shall be guilty of a felony of the third degree, punishable as
5 provided in s. 775.082, s. 775.083, or s. 775.084.
6 Section 14. Section 590.27, Florida Statutes, is
7 amended to read:
8 590.27 Penalty for mutilating or destroying state
9 forestry or fire control signs and posters.--Whoever
10 intentionally breaks down, mutilates, removes, or destroys any
11 fire control or forestry sign or poster commits of the
12 division of Forestry erected in the administration of its
13 lawful duties and authorities shall be guilty of a misdemeanor
14 of the second degree, punishable as provided in s. 775.082 or
15 s. 775.083.
16 Section 15. Section 590.28, Florida Statutes, is
17 amended to read:
18 590.28 Willful, malicious, or Intentional or careless
19 burning of lands.--
20 (1) Whoever willfully, maliciously, or intentionally
21 burns, sets fire to, or causes to be burned or causes any fire
22 to be set to, any wild land or vegetative land clearing debris
23 forest, grass, or woodlands not owned by, or in the lawful
24 possession of, the person setting such fire or burning such
25 lands or causing such fire to be set or lands to be burned
26 without complying with s. 590.125, commits shall, upon
27 conviction thereof, be deemed guilty of a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084 and punished as provided in s. 590.30.
30 (2) Whoever carelessly burns, sets fire to, or causes
31 to be burned any wild lands not owned by, or in the lawful
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1 possession of, the person setting the fire or burning the
2 lands or causing the fire to be set or lands to be burned,
3 commits a misdemeanor of the second degree, punishable as
4 provided in s. 775.082 or s. 775.083. The terms "willful,"
5 "malicious," and "intentional" as used in this section mean
6 not merely gross negligence or disregard for the rights of
7 others and not merely general criminal intent, but a specific
8 intent to damage or destroy public property or the property of
9 another, such intent being engendered by malice or spite or by
10 the hope of material gain or employment to be derived either
11 directly or indirectly.
12 Section 16. Section 590.29, Florida Statutes, is
13 amended to read:
14 590.29 Illegal possession of incendiary device.--
15 (1) It is unlawful for a person other than a certified
16 fire or law enforcement instructor to have Whoever, being
17 outside the corporate limits of any municipality, has in his
18 or her possession any incendiary device as defined by
19 subsection (3) with the intent to use such device for the
20 purpose of burning or setting fire to any wild land forest,
21 grass, or woodland, if such person is not the owner of, nor,
22 as under a lease, in lawful possession of, the wild land
23 forest, grass, or woodland, shall, upon conviction thereof, be
24 deemed guilty of a felony and punished as provided in s.
25 590.30.
26 (2) The possession of any incendiary device as defined
27 by subsection (3) is prima facie evidence of the intent of the
28 person possessing such device to use such device for the
29 purpose of burning or setting fire to wild land forest, grass,
30 or woodland if such person is not the owner of the wild land,
31
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1 nor, as under a lease, in lawful possession of, the forest,
2 grass, or woodland.
3 (3) The term "incendiary device" as used in this
4 section is included but not limited to any "slow match" which
5 is any device contrived to accomplish the delayed ignition of
6 a match or matches or other inflammable material by the use of
7 a cigarette, rope, or candle to which such match or matches
8 are attached, or a magnifying glass so focused as to intensify
9 heat on inflammable material and thus cause a fire to start at
10 a subsequent time, and any chemicals or chemically treated
11 paper or material, or other combustible material so arranged
12 or designed as to make possible its use as a delayed firing
13 device.
14 (4) Anyone who violates this section commits a felony
15 of the third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084.
17 Section 17. Section 590.33, Florida Statutes, is
18 amended to read:
19 590.33 State compact administrator; compact advisory
20 committee.--In pursuance of art. III of the compact, the
21 director of the division of Forestry shall act as compact
22 administrator for Florida of the Southeastern Interstate
23 Forest Fire Protection Compact during his or her term of
24 office as director, and his or her successor as compact
25 administrator shall be his or her successor as director of the
26 division of Forestry. As compact administrator he or she
27 shall be an ex officio member of the advisory committee of the
28 Southeastern Interstate Forest Fire Protection Compact, and
29 chair ex officio of the Florida members of the advisory
30 committee. There shall be four members of the Southeastern
31 Interstate Forest Fire Protection Compact Advisory Committee
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1 from Florida. Two of the members from Florida shall be
2 members of the Legislature of Florida, one from the Senate and
3 one from the House of Representatives, designated by the
4 Florida Commission on Interstate Cooperation, and the terms of
5 any such members shall terminate at the time they cease to
6 hold legislative office, and their successors as members shall
7 be named in like manner. The Governor shall appoint the other
8 two members from Florida, one of whom shall be associated with
9 forestry or forest products industries. The terms of such
10 members shall be 3 years and such members shall hold office
11 until their respective successors shall be appointed and
12 qualified. Vacancies occurring in the office of such members
13 from any reason or cause shall be filled by appointment by the
14 Governor for the unexpired term. The director of the division
15 of Forestry as compact administrator for Florida may delegate,
16 from time to time, to any deputy or other subordinate in his
17 or her department or office, the power to be present and
18 participate, including voting as his or her representative or
19 substitute at any meeting of or hearing by or other proceeding
20 of the compact administrators or of the advisory committee.
21 The terms of each of the initial four memberships, whether
22 appointed at said time or not, shall begin upon the date upon
23 which the compact shall become effective in accordance with
24 art. II of said compact. Any member of the advisory committee
25 may be removed from office by the Governor upon charges and
26 after a hearing.
27 Section 18. Section 590.34, Florida Statutes, is
28 amended to read:
29 590.34 State compact administrator and compact
30 advisory committee members; powers; aid from other state
31 agencies.--There is hereby granted to the director of the
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1 division of Forestry, as compact administrator and chair ex
2 officio of the Florida members of the advisory committee, and
3 to the members from Florida of the advisory committee all the
4 powers provided for in the compact and all the powers
5 necessary or incidental to the carrying out of the compact in
6 every particular. All officers of Florida are hereby
7 authorized and directed to do all things falling within their
8 respective provinces and jurisdiction necessary or incidental
9 to the carrying out of the compact in every particular; it
10 being hereby declared to be the policy of the state to perform
11 and carry out the said compact and to accomplish the purposes
12 thereof. All officers, bureaus, departments, and persons of
13 and in the state government or administration of the state are
14 hereby authorized and directed at convenient times and upon
15 request of the compact administrator or of the advisory
16 committee to furnish information data relating to the purposes
17 of the compact possessed by them or any of them to the compact
18 administrator of the advisory committee. They are further
19 authorized to aid the compact administrator or the advisory
20 committee by loan of personnel, equipment, or other means in
21 carrying out the purposes of the compact.
22 Section 19. Subsection (2) of section 590.42, Florida
23 Statutes, is amended to read:
24 590.42 Federally funded fire protection assistance
25 programs.--
26 (2) With respect to the formulation of projects
27 relating to fire protection of livestock, wildlife, crops,
28 pastures, orchards, rangeland, woodland, farmsteads, or other
29 improvements, and other values in rural areas, for which such
30 federal matching funds are available, any participating county
31 or fire department may contribute to the nonfederal matching
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1 share and may also contribute such other nonfederal
2 cooperation as may be deemed necessary by the division of
3 Forestry.
4 Section 20. Paragraph (b) of subsection (11) of
5 section 259.032, Florida Statutes, 1998 Supplement, is amended
6 to read:
7 259.032 Conservation and Recreation Lands Trust Fund;
8 purpose.--
9 (11)
10 (b) An amount up to 1.5 percent of the cumulative
11 total of funds ever deposited into the Florida Preservation
12 2000 Trust Fund shall be made available for the purposes of
13 management, maintenance, and capital improvements, and for
14 associated contractual services, for lands acquired pursuant
15 to this section and s. 259.101 to which title is vested in the
16 board of trustees and other conservation and recreation lands
17 managed by a state agency. Each agency with management
18 responsibilities shall annually request from the Legislature
19 funds sufficient to fulfill such responsibilities. Capital
20 improvements shall include, but need not be limited to,
21 perimeter fencing, signs, firelanes, access roads and trails,
22 and minimal public accommodations, such as primitive
23 campsites, garbage receptacles, and toilets. Any equipment
24 purchased with funds provided pursuant to this paragraph may
25 be used for the purposes described in this paragraph on any
26 conservation and recreation lands managed by a state agency.
27 Section 21. Paragraph (b) of subsection (4) of section
28 372.57, Florida Statutes, 1998 Supplement, is amended to read:
29 372.57 Licenses and permits; exemptions; fees.--No
30 person, except as provided herein, shall take game, freshwater
31 fish, or fur-bearing animals within this state without having
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1 first obtained a license, permit, or authorization and paid
2 the fees hereinafter set forth, unless such license is issued
3 without fee as provided in s. 372.561. Such license, permit,
4 or authorization shall authorize the person to whom it is
5 issued to take game, freshwater fish, or fur-bearing animals
6 in accordance with law and commission rules. Such license,
7 permit, or authorization is not transferable. Each license or
8 permit must bear on its face in indelible ink the name of the
9 person to whom it is issued and other information requested by
10 the commission. Such license, permit, or authorization issued
11 by the commission or any agent must be in the personal
12 possession of the person to whom issued while taking game,
13 freshwater fish, or fur-bearing animals. The failure of such
14 person to exhibit such license, permit, or authorization to
15 the commission or its wildlife officers, when such person is
16 found taking game, freshwater fish, or fur-bearing animals, is
17 a violation of law. A positive form of identification is
18 required when using an authorization, a lifetime license, a
19 5-year license, or when otherwise required by the license or
20 permit. The lifetime licenses and 5-year licenses provided
21 herein shall be embossed with the name, date of birth, the
22 date of issuance, and other pertinent information as deemed
23 necessary by the commission. A certified copy of the
24 applicant's birth certificate shall accompany all applications
25 for a lifetime license for residents 12 years of age and
26 younger. Each applicant for a license, permit, or
27 authorization shall provide the applicant's social security
28 number on the application form. Disclosure of social security
29 numbers obtained through this requirement shall be limited to
30 the purpose of administration of the Title IV-D child support
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1 enforcement program and use by the commission, and as
2 otherwise provided by law.
3 (4) In addition to any license required by this
4 chapter, the following permits and fees for certain hunting,
5 fishing, and recreational uses, and the activities authorized
6 thereby, are:
7 (b)1. Management area permits to hunt, fish, or
8 otherwise use for outdoor recreational purposes, land owned,
9 leased, or managed by the commission or the State of Florida
10 for the use and benefit of the commission, up to $25 annually.
11 Permits, and fees thereof, for short-term use of land which is
12 owned, leased, or managed by the commission may be established
13 by rule of the commission for any activity on such lands.
14 Such permits and fees may be in lieu of or in addition to the
15 annual management area permit. Other than for hunting or
16 fishing, the provisions of this paragraph shall not apply on
17 any lands not owned by the commission, unless the commission
18 shall have obtained the written consent of the owner or
19 primary custodian of such lands.
20 2. A recreational user permit fee to hunt, fish, or
21 otherwise use for outdoor recreational purposes, land leased
22 by the commission from private nongovernmental owners, except
23 for those lands located directly north of the Apalachicola
24 National Forest, east of the Ochlockonee River until the point
25 the river meets the dam forming Lake Talquin, and south of the
26 closest federal highway. The fee for this permit shall be
27 based upon economic compensation desired by the landowner,
28 game population levels, desired hunter density, and
29 administrative costs. The permit fee shall be set by
30 commission rule on a per-acre basis. On property currently in
31 the private landowner payment program, the prior year's
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1 landowner payment shall be used to augment the recreational
2 user permit landowner lease fee so as to decrease the permit
3 fee for the users of that property. One minor dependent child,
4 16 years old or under, per permittee may hunt under the
5 supervision of the permittee and is exempt from the permit
6 fee. The spouse and dependent children of a permittee are
7 exempt from the permit fee when engaged in outdoor
8 recreational activities other than hunting in the company of
9 the permittee. Notwithstanding any other provision of this
10 chapter, there are no other exclusions, exceptions, or
11 exemptions from this permit fee. The recreational user permit
12 landowner lease fee, less an administrative permit fee of up
13 to $25 per permit, shall be remitted to the landowner as
14 provided in the lease agreement for each area.
15 Section 22. Sections 590.025, 590.026, 590.03, 590.04,
16 590.05, 590.06, 590.07, 590.08, 590.09, 590.12, 590.30,
17 Florida Statutes, are repealed.
18 Section 23. There is hereby appropriated $140,000 from
19 the General Revenue Fund in fiscal year 1999-2000 to the
20 Department of Agriculture and Consumer Services to implement
21 provisions of this bill.
22 Section 24. Notwithstanding any other law, regulation,
23 or local ordinance to the contrary, the owners of any
24 nonconforming buildings, houses, businesses, or other
25 appurtenances to real property which were damaged or destroyed
26 during the wildfires that occurred during June and July of
27 1998, may elect to repair or rebuild such nonconforming
28 structures in like-kind.
29 Section 25. This act shall take effect upon becoming a
30 law.
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