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:

31

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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

31

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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.

31

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