House Bill 1535e1

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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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.

30

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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



  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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                                   CS/HB 1535, First Engrossed/ntc



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

28  his or her agents, or persons with express permission of the

29  landowner, or other persons regularly engaged in harvesting,

30  processing, or moving forest or farm products, to enter or

31  travel in any public or private wild land within the area


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                                   CS/HB 1535, First Engrossed/ntc



  1  described by proclamation, except on public roads or highways

  2  or on well-defined private roads.

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

  4  section commits a misdemeanor of the second degree, punishable

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

  6  for a misdemeanor as provided by s. 590.14.

  7         Section 6.  Section 590.091, Florida Statutes, is

  8  amended to read:

  9         590.091  Designation of railroad rights-of-way as

10  wildfire fire hazard areas.--

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

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

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

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

15  wildfire fire hazard areas.

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

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

18  railroad companies operating in this state to maintain their

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

20  known wildfire high fire hazard areas, in an approved

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

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

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

24  property.

25         Section 7.  Section 590.10, Florida Statutes, is

26  amended to read:

27         590.10  Disposing of lighted substances cigars, etc.--

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

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

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

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                                   CS/HB 1535, First Engrossed/ntc



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

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

  3         (2)  Anyone who violates this section commits a

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

  5  775.082 or s. 775.083.

  6         Section 8.  Section 590.11, Florida Statutes, is

  7  amended to read:

  8         590.11  Recreational fires Campfires.--It is unlawful

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

10  fire, bonfire, fire or campfire and leave it same unattended

11  or unextinguished.

12         Section 9.  Section 590.125, Florida Statutes, is

13  created to read:

14         590.125  Open burning authorized by the division.--

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

16         (a)  "Prescribed burning" means the controlled

17  application of fire in accordance with a written prescription

18  for vegetative fuels under specified environmental conditions

19  while following appropriate precautionary measures that ensure

20  that the fire is confined to a predetermined area to

21  accomplish the planned fire or land-management objectives.

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

23  individual who successfully completes the certification

24  program of the division and possesses a valid certification

25  number.

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

27  the criteria necessary for starting, controlling, and

28  extinguishing a prescribed burn.

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

30  wild land burning or certified prescribed burning, and no

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  1  visible flame, smoke, or emissions for vegetative

  2  land-clearing debris burning, exist.

  3         (2)  NONCERTIFIED BURNING.--

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

  5  vegetative land-clearing debris in accordance with this

  6  subsection if:

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

  8  or her designee;

  9         2.  Authorization has been obtained from the division

10  or its designated agent before starting the burn;

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

12  sufficient personnel and firefighting equipment for the

13  control of the fire;

14         4.  The fire remains within the boundary of the

15  authorized area;

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

17  is extinguished;

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

19         7.  The division determines that air quality and fire

20  danger are favorable for safe burning.

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

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

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

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

25         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

26  AND PURPOSE.--

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

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

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

30  finds that:

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                                   CS/HB 1535, First Engrossed/ntc



  1         1.  Prescribed burning reduces vegetative fuels within

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

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

  4  of life and property, particularly in urban areas.

  5         2.  Most of Florida's natural communities require

  6  periodic fire for maintenance of their ecological integrity.

  7  Prescribed burning is essential to the perpetuation,

  8  restoration, and management of many plant and animal

  9  communities. Significant loss of the state's biological

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

11  systems.

12         3.  Forestland and rangeland constitute significant

13  economic, biological, and aesthetic resources of statewide

14  importance. Prescribed burning on forestland prepares sites

15  for reforestation, removes undesirable competing vegetation,

16  expedites nutrient cycling, and controls or eliminates certain

17  forest pathogens. On rangeland, prescribed burning improves

18  the quality and quantity of herbaceous vegetation necessary

19  for livestock production.

20         4.  The state purchased hundreds of thousands of acres

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

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

23  burning for management of public lands is essential to

24  maintain the specific resource values for which these lands

25  were acquired.

26         5.  A public education program is necessary to make

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

28  and economic benefits of prescribed burning.

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

30  necessary to ensure maximum benefits and protection for the

31  public.


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

  2  pressures from liability issues and nuisance complaints

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

  4  is urged to maximize the opportunities for prescribed burning

  5  conducted during its daytime and nighttime authorization

  6  process.

  7         (b)  Certified prescribed burning must be conducted in

  8  accordance with this subsection and:

  9         1.  May only be accomplished when a certified

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

11  prescription from ignition of the burn to its completion.

12         2.  Requires that a written prescription be prepared

13  before receiving authorization to burn from the division.

14         3.  Requires that the specific consent of the landowner

15  or his or her designee be obtained before requesting an

16  authorization.

17         4.  Requires that an authorization to burn be obtained

18  from the division before igniting the burn.

19         5.  Requires that there be adequate firebreaks at the

20  burn site and sufficient personnel and firefighting equipment

21  for the control of the fire.

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

23  not constitute a public or private nuisance when conducted

24  under applicable state air pollution statutes and rules.

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

26  property owner if vegetative fuels are burned as required in

27  this subsection.

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

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

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

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  1  burns conducted in accordance with this subsection unless

  2  gross negligence is proven.

  3         (d)  Any certified burner who violates this section

  4  commits a misdemeanor of the second degree, punishable as

  5  provided in s. 775.082 or s. 775.083.

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

  7  prescribed burning and for certifying and decertifying

  8  certified prescribed burn managers based on their past

  9  experience, training, and record of compliance with this

10  section.

11         (4)  WILDFIRE HAZARD REDUCTION BURNING BY THE

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

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

14  danger of wildfire in accordance with the following

15  procedures:

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

17  to the affected local governmental entity.

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

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

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

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

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

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

24  all landowners in each township designated by the division as

25  a wildfire hazard area. The notice must describe particularly

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

27  burning and must list the reasons for and the expected

28  benefits from prescribed burning.

29         (d)  Consider any landowner objections to the

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

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


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                                   CS/HB 1535, First Engrossed/ntc



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

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

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

  4  local forestry unit manager, the fire chief of the

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

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

  7  acceptable to the landowner, the landowner may request further

  8  consideration by the Commissioner of Agriculture or his or her

  9  designee and shall thereafter be entitled to an administrative

10  hearing pursuant to the provisions of chapter 120.

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

12  shall incorporate, where feasible and appropriate, the issues

13  of prescribed burning into its educational materials.

14         Section 10.  Section 590.13, Florida Statutes, is

15  amended to read:

16         590.13  Civil liability.--Any person violating any of

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

18  caused by such violation, which damages shall be recoverable

19  in any court of competent jurisdiction.  The civil liability

20  attaches shall obtain whether or not there is be criminal

21  prosecution and conviction or not.

22         Section 11.  Section 590.14, Florida Statutes, is

23  amended to read:

24         590.14  Warning citation; notice of violation;

25  penalties.--

26         (1)  If unpredicted atmospheric conditions occur which

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

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

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

30  occurred, the division may issue a warning citation of

31  violation of s. 590.125. Whoever willfully or intentionally


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                                   CS/HB 1535, First Engrossed/ntc



  1  violates any of the provisions of this chapter commits a

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

  3  775.082, s. 775.083, or s. 775.084.

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

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

  6  notice of violation indicating the statute violated. This

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

  8  the appropriate law enforcement entity for further action if

  9  necessary.

10         (2)  Whoever carelessly violates any of the provisions

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

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

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

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

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

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

17  authorized fire to escape the boundaries of the authorization

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

19  the payment of all reasonable costs and expenses incurred in

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

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

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

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

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

25  proceedings for the collection of the costs and expenses.

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

27  direction are recoverable by that agency.

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

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

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

31


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                                   CS/HB 1535, First Engrossed/ntc



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

  2  the actual violator.

  3         (4)  The department may also impose an administrative

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

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

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

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

  8  division.

  9         (5)  The penalties provided in this section shall

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

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

12  violation.

13         Section 12.  Section 590.16, Florida Statutes, is

14  amended to read:

15         590.16  Rewards.--The division, in its discretion, may

16  offer and pay rewards for information leading to the arrest

17  and conviction of any person who violates violating any

18  provision of the provisions of this chapter.

19         Section 13.  Section 590.25, Florida Statutes, is

20  amended to read:

21         590.25  Penalty for preventing or obstructing

22  extinguishment of wildfires woods fires.--Whoever shall

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

24  the extinguishment of wildfires forest fires by the employees

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

26  extinguishment of a wildfire woods fire, or who damages

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

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

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

30         Section 14.  Section 590.27, Florida Statutes, is

31  amended to read:


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  1         590.27  Penalty for mutilating or destroying state

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

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

  4  fire control or forestry sign or poster commits of the

  5  division of Forestry erected in the administration of its

  6  lawful duties and authorities shall be guilty of a misdemeanor

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

  8  s. 775.083.

  9         Section 15.  Section 590.28, Florida Statutes, is

10  amended to read:

11         590.28  Willful, malicious, or Intentional or careless

12  burning of lands.--

13         (1)  Whoever willfully, maliciously, or intentionally

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

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

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

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

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

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

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

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

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

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

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

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

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

27  commits a misdemeanor of the second degree, punishable as

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

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

30  not merely gross negligence or disregard for the rights of

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


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                                   CS/HB 1535, First Engrossed/ntc



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

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

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

  4  directly or indirectly.

  5         Section 16.  Section 590.29, Florida Statutes, is

  6  amended to read:

  7         590.29  Illegal possession of incendiary device.--

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

  9  fire or law enforcement instructor to have Whoever, being

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

11  or her possession any incendiary device as defined by

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

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

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

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

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

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

18  590.30.

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

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

21  person possessing such device to use such device for the

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

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

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

25  grass, or woodland.

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

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

28  is any device contrived to accomplish the delayed ignition of

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

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

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


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                                   CS/HB 1535, First Engrossed/ntc



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

  2  a subsequent time, and any chemicals or chemically treated

  3  paper or material, or other combustible material so arranged

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

  5  device.

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

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

  8  775.083, or s. 775.084.

  9         Section 17.  Section 590.33, Florida Statutes, is

10  amended to read:

11         590.33  State compact administrator; compact advisory

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

13  director of the division of Forestry shall act as compact

14  administrator for Florida of the Southeastern Interstate

15  Forest Fire Protection Compact during his or her term of

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

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

18  division of Forestry.  As compact administrator he or she

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

20  Southeastern Interstate Forest Fire Protection Compact, and

21  chair ex officio of the Florida members of the advisory

22  committee.  There shall be four members of the Southeastern

23  Interstate Forest Fire Protection Compact Advisory Committee

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

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

26  one from the House of Representatives, designated by the

27  Florida Commission on Interstate Cooperation, and the terms of

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

29  hold legislative office, and their successors as members shall

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

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


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                                   CS/HB 1535, First Engrossed/ntc



  1  forestry or forest products industries.  The terms of such

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

  3  until their respective successors shall be appointed and

  4  qualified.  Vacancies occurring in the office of such members

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

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

  7  of Forestry as compact administrator for Florida may delegate,

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

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

10  participate, including voting as his or her representative or

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

12  of the compact administrators or of the advisory committee.

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

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

15  which the compact shall become effective in accordance with

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

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

18  after a hearing.

19         Section 18.  Section 590.34, Florida Statutes, is

20  amended to read:

21         590.34  State compact administrator and compact

22  advisory committee members; powers; aid from other state

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

24  division of Forestry, as compact administrator and chair ex

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

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

27  powers provided for in the compact and all the powers

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

29  every particular. All officers of Florida are hereby

30  authorized and directed to do all things falling within their

31  respective provinces and jurisdiction necessary or incidental


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                                   CS/HB 1535, First Engrossed/ntc



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

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

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

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

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

  6  hereby authorized and directed at convenient times and upon

  7  request of the compact administrator or of the advisory

  8  committee to furnish information data relating to the purposes

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

10  administrator of the advisory committee.  They are further

11  authorized to aid the compact administrator or the advisory

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

13  carrying out the purposes of the compact.

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

15  Statutes, is amended to read:

16         590.42  Federally funded fire protection assistance

17  programs.--

18         (2)  With respect to the formulation of projects

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

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

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

22  federal matching funds are available, any participating county

23  or fire department may contribute to the nonfederal matching

24  share and may also contribute such other nonfederal

25  cooperation as may be deemed necessary by the division of

26  Forestry.

27         Section 20.  Paragraph (b) of subsection (11) of

28  section 259.032, Florida Statutes, 1998 Supplement, is amended

29  to read:

30         259.032  Conservation and Recreation Lands Trust Fund;

31  purpose.--


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                                   CS/HB 1535, First Engrossed/ntc



  1         (11)

  2         (b)  An amount up to 1.5 percent of the cumulative

  3  total of funds ever deposited into the Florida Preservation

  4  2000 Trust Fund shall be made available for the purposes of

  5  management, maintenance, and capital improvements, and for

  6  associated contractual services, for lands acquired pursuant

  7  to this section and s. 259.101 to which title is vested in the

  8  board of trustees and other conservation and recreation lands

  9  managed by a state agency. Each agency with management

10  responsibilities shall annually request from the Legislature

11  funds sufficient to fulfill such responsibilities.  Capital

12  improvements shall include, but need not be limited to,

13  perimeter fencing, signs, firelanes, access roads and trails,

14  and minimal public accommodations, such as primitive

15  campsites, garbage receptacles, and toilets. Any equipment

16  purchased with funds provided pursuant to this paragraph may

17  be used for the purposes described in this paragraph on any

18  conservation and recreation lands managed by a state agency.

19         Section 21.  Paragraph (b) of subsection (4) of section

20  372.57, Florida Statutes, 1998 Supplement, is amended to read:

21         372.57  Licenses and permits; exemptions; fees.--No

22  person, except as provided herein, shall take game, freshwater

23  fish, or fur-bearing animals within this state without having

24  first obtained a license, permit, or authorization and paid

25  the fees hereinafter set forth, unless such license is issued

26  without fee as provided in s. 372.561. Such license, permit,

27  or authorization shall authorize the person to whom it is

28  issued to take game, freshwater fish, or fur-bearing animals

29  in accordance with law and commission rules. Such license,

30  permit, or authorization is not transferable.  Each license or

31  permit must bear on its face in indelible ink the name of the


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                                   CS/HB 1535, First Engrossed/ntc



  1  person to whom it is issued and other information requested by

  2  the commission. Such license, permit, or authorization issued

  3  by the commission or any agent must be in the personal

  4  possession of the person to whom issued while taking game,

  5  freshwater fish, or fur-bearing animals. The failure of such

  6  person to exhibit such license, permit, or authorization to

  7  the commission or its wildlife officers, when such person is

  8  found taking game, freshwater fish, or fur-bearing animals, is

  9  a violation of law.  A positive form of identification is

10  required when using an authorization, a lifetime license, a

11  5-year license, or when otherwise required by the license or

12  permit.  The lifetime licenses and 5-year licenses provided

13  herein shall be embossed with the name, date of birth, the

14  date of issuance, and other pertinent information as deemed

15  necessary by the commission.  A certified copy of the

16  applicant's birth certificate shall accompany all applications

17  for a lifetime license for residents 12 years of age and

18  younger. Each applicant for a license, permit, or

19  authorization shall provide the applicant's social security

20  number on the application form. Disclosure of social security

21  numbers obtained through this requirement shall be limited to

22  the purpose of administration of the Title IV-D child support

23  enforcement program and use by the commission, and as

24  otherwise provided by law.

25         (4)  In addition to any license required by this

26  chapter, the following permits and fees for certain hunting,

27  fishing, and recreational uses, and the activities authorized

28  thereby, are:

29         (b)1.  Management area permits to hunt, fish, or

30  otherwise use for outdoor recreational purposes, land owned,

31  leased, or managed by the commission or the State of Florida


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                                   CS/HB 1535, First Engrossed/ntc



  1  for the use and benefit of the commission, up to $25 annually.

  2  Permits, and fees thereof, for short-term use of land which is

  3  owned, leased, or managed by the commission may be established

  4  by rule of the commission for any activity on such lands.

  5  Such permits and fees may be in lieu of or in addition to the

  6  annual management area permit. Other than for hunting or

  7  fishing, the provisions of this paragraph shall not apply on

  8  any lands not owned by the commission, unless the commission

  9  shall have obtained the written consent of the owner or

10  primary custodian of such lands.

11         2.  A recreational user permit fee to hunt, fish, or

12  otherwise use for outdoor recreational purposes, land leased

13  by the commission from private nongovernmental owners, except

14  for those lands located directly north of the Apalachicola

15  National Forest, east of the Ochlockonee River until the point

16  the river meets the dam forming Lake Talquin, and south of the

17  closest federal highway.  The fee for this permit shall be

18  based upon economic compensation desired by the landowner,

19  game population levels, desired hunter density, and

20  administrative costs. The permit fee shall be set by

21  commission rule on a per-acre basis. On property currently in

22  the private landowner payment program, the prior year's

23  landowner payment shall be used to augment the recreational

24  user permit landowner lease fee so as to decrease the permit

25  fee for the users of that property. One minor dependent child,

26  16 years old or under, per permittee may hunt under the

27  supervision of the permittee and is exempt from the permit

28  fee. The spouse and dependent children of a permittee are

29  exempt from the permit fee when engaged in outdoor

30  recreational activities other than hunting in the company of

31  the permittee. Notwithstanding any other provision of this


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                                   CS/HB 1535, First Engrossed/ntc



  1  chapter, there are no other exclusions, exceptions, or

  2  exemptions from this permit fee. The recreational user permit

  3  landowner lease fee, less an administrative permit fee of up

  4  to $25 per permit, shall be remitted to the landowner as

  5  provided in the lease agreement for each area.

  6         Section 22.  Sections 590.025, 590.026, 590.03, 590.04,

  7  590.05, 590.06, 590.07, 590.08, 590.09, 590.12, 590.30,

  8  Florida Statutes, are repealed.

  9         Section 23.  There is hereby appropriated $140,000 from

10  the General Revenue Fund in fiscal year 1999-2000 to the

11  Department of Agriculture and Consumer Services to implement

12  provisions of this bill.

13         Section 24.  Notwithstanding any other law, regulation,

14  or local ordinance to the contrary, the owners of any

15  nonconforming buildings, houses, businesses, or other

16  appurtenances to real property which were damaged or destroyed

17  during the wildfires that occurred during June and July of

18  1998, may elect to repair or rebuild such nonconforming

19  structures in like-kind, unless prohibited by Federal law or

20  regulation.

21         Section 25.  This act shall take effect upon becoming a

22  law.

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