House Bill 0539

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    Florida House of Representatives - 1999                 HB 539

        By Representative Rayson






  1                      A bill to be entitled

  2         An act relating to forestry; providing

  3         definitions; defining "champion tree" and

  4         "candidate champion tree" for purposes of the

  5         act; providing legislative intent; requiring

  6         the Division of Forestry of the Department of

  7         Agriculture and Consumer Services to develop

  8         and maintain a registry of champion and

  9         candidate champion trees; providing procedure

10         for proposal of inclusion of a tree to the

11         registry; providing for specified notice by the

12         division; providing procedure for approval of a

13         candidate champion tree for inclusion on the

14         registry; requiring protection of proposed

15         champion and proposed candidate champion trees

16         during specified periods; prohibiting the

17         taking of champion or candidate champion trees

18         on the registry; providing exceptions;

19         providing conditions under which the division

20         shall issue a permit for such taking;

21         prohibiting the trimming and pruning of

22         champion or candidate champion trees; providing

23         exceptions; prohibiting certain actions related

24         to propagation of champion or candidate

25         champion trees; providing exceptions; providing

26         that ownership of champion or candidate

27         champion trees located on public or private

28         lands remains with the landowner, subject to a

29         declared public trust in such trees; authorizes

30         taking of such trees by a private landowner

31         only in compliance with the act; requiring

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    Florida House of Representatives - 1999                 HB 539

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  1         certain notice; authorizing the division to

  2         manage or cooperate in specified projects and

  3         conduct or contract for certain research;

  4         authorizing the division to establish programs

  5         and enter into cooperative agreements;

  6         providing for the establishment of rules;

  7         providing civil fines and remedies; providing a

  8         penalty for violation of the act; providing an

  9         effective date.

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

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13         Section 1.  Champion trees; candidate champion trees.--

14         (1)  DEFINITIONS.--As used in this act:

15         (a)  "Candidate champion tree" means any tree that,

16  according to its circumference, measured at 4.5 feet above the

17  ground and its height, is rated a second or third to any

18  champion tree species or genus as measured by national

19  champion standards, or which exceeds or is likely to exceed

20  the standards of a champion or candidate champion tree during

21  its life span.

22         (b)  "Champion tree" means any tree within a species or

23  genus that has been or is listed on a recognized list of

24  national or state champion trees, including candidate champion

25  trees.

26         (c)  "Champion tree habitat" means any organic and

27  inorganic matter, plants, and organisms within a screen

28  created by the outline of the outermost branches of a champion

29  tree drawn perpendicular to the surface of the ground, and

30  also includes any surface water, groundwater, or soils upon

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    Florida House of Representatives - 1999                 HB 539

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  1  which a champion or candidate champion tree is dependent for

  2  its health and survival.

  3         (d)  "Division" means the Division of Forestry of the

  4  Department of Agriculture and Consumer Services.

  5         (e)  "Registry" means the registry of champion and

  6  candidate champion trees developed and maintained under

  7  subsection (3).

  8         (f)  "Person" means any individual, partnership,

  9  corporation, association, governmental entity, or other legal

10  entity.

11         (g)  "Soil" means the unconsolidated mineral or

12  material on the immediate surface of the earth that serves as

13  a natural medium for growth of woody plants, or the

14  unconsolidated mineral or organic matter on the surface of the

15  earth, which has been subject to and influenced by genetic and

16  environmental factors of parent material, climate,

17  macroorganisms and microorganisms, and topography, all acting

18  over a period of time and producing a product-soil that

19  differs from the materials from which it is derived.

20         (h)  "State forester" means the State Forester within

21  the Division of Forestry of the Department of Agriculture and

22  Consumer Services.

23         (i)  "Take" means to cut down, collect, injure, harm,

24  or destroy in any manner a champion or candidate champion

25  tree.

26         (j)  "Tree" means a woody perennial plant with at least

27  one main dominant trunk or stem having a height greater than 5

28  meters.

29         (2)  INTENT.--The protection, management,

30  sustainability, and restoration of Florida's trees and forests

31  are of paramount concern to the state. Located within the

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    Florida House of Representatives - 1999                 HB 539

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  1  state are older magnificent trees that have been or may be

  2  identified as national champion trees or state champion trees

  3  according to lists and records maintained by national and

  4  state tree or forestry organizations. These champion trees

  5  took root before the modern industrial age and have survived

  6  as living examples of an extraordinarily rare, unique, and

  7  valuable biological heritage. The educational, scientific,

  8  ecological, and aesthetic value of these trees, as well as

  9  their value for purposes of reforestation, is inestimable.

10  Accordingly, it is the intent of the Legislature that national

11  and state champion trees, their roots, soils, and habitat are

12  declared to be a public trust and are of paramount concern for

13  the conservation and development of the natural resources and

14  environment of the state.

15         (3)  REGISTRY.--

16         (a)  The division shall develop and maintain a registry

17  of champion and candidate champion trees that describes the

18  family, genus, and species of each tree included in the

19  registry, the measurements or parameters substantiating its

20  designation as a protected tree under this act, and the

21  section, town, and range of its location. Once a tree is

22  placed on the registry as a champion or candidate champion

23  tree, the tree shall remain on the registry as an "emeritus"

24  champion tree.

25         (b)  Any person may submit to the division a proposal

26  for the inclusion of a champion or candidate champion tree to

27  the registry. The person proposing the classification of a

28  tree as a champion or candidate champion tree shall provide to

29  the division all of the following:

30         1.  The family, genus, and species of the tree.

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    Florida House of Representatives - 1999                 HB 539

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  1         2.  The applicable measurements of the tree according

  2  to both state and national champion standards. If a tree meets

  3  or exceeds the state or national champion standards, it shall

  4  be prima facie evidence of its classification as a champion

  5  tree.

  6         3.  The soils, hydrology, and habitat of the tree.

  7         4.  The location of the tree according to section,

  8  town, and range.

  9         5.  If on private property, written consent to the

10  inclusion of the tree on the registry by the private

11  landowner.

12         6.  Any other botanical, biological, scientific, or

13  ecological evidence demonstrating a likelihood for inclusion

14  on the registry as a candidate champion tree.

15         (c)  The division, through the State Forester, shall

16  give written notice in its publications, public notices, and

17  calendar of any submission for classification as a champion or

18  candidate champion tree, and shall give written notice to the

19  colleges and universities in the state, university research

20  facilities conducting research in agriculture or natural

21  resources, agricultural or botanical organizations or

22  societies, the landowner on whose property the proposed

23  candidate tree is located, and any other person who has made

24  request in writing to the State Forester or the division to be

25  placed on a notice list to be maintained by the State Forester

26  for such submissions.

27         (d)  Upon receipt of a complete submission under

28  paragraph (b), the department shall classify the subject tree

29  as a proposed champion or proposed candidate champion tree and

30  shall study and evaluate the submission in cooperation with

31  university and college professors, scientists, and students

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    Florida House of Representatives - 1999                 HB 539

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  1  engaged in agriculture, forestry, horticulture, and plant

  2  sciences, and representatives or professionals associated with

  3  nonprofit organizations or other entities whose primary

  4  purpose is the protection of trees, forestry, forest

  5  management or reforestation, or animal and plant-life habitats

  6  or communities. A member of the public shall have the

  7  opportunity to submit information regarding any submission.

  8  The division, through the State Forester, shall study, in

  9  cooperation with other professionals or experts as provided in

10  this subsection, the proposed candidate champion tree for a

11  period of 1 calendar year, after which the division shall make

12  a decision within 120 days either approving or denying the

13  proposed addition to the registry. If the decision is not made

14  within this 120-day period, then the proposed candidate tree

15  shall be considered added to the registry. The division shall

16  conduct meetings with interested persons as described in this

17  subsection and give written notice of such meetings as

18  provided in paragraph (c).

19         (e)  During any study, evaluation, or decision period

20  for the consideration of a proposed champion or candidate

21  champion tree, the proposed champion or candidate champion

22  tree shall be protected as if it were a champion or candidate

23  champion tree under the provisions of this act.

24         (4)  TAKING PROHIBITED; EXCEPTIONS.--

25         (a)  A champion or candidate champion tree on the

26  registry shall not be taken except as authorized in this

27  subsection.

28         (b)  A person shall not take any champion or candidate

29  champion tree on the registry unless either of the following

30  conditions are met:

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    Florida House of Representatives - 1999                 HB 539

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  1         1.  The action is necessary to prevent an immediate

  2  threat to the safety or well-being of any person or an

  3  immediate threat of damage to property.

  4         2.  A permit for taking has been issued under this

  5  subsection.

  6         (c)  The division, upon application, shall grant a

  7  permit to take a champion tree or a candidate champion tree on

  8  the registry if either of the following conditions are met:

  9         1.  There is no feasible and prudent alternative to the

10  proposed taking in order to protect the safety and well-being

11  of persons and property, and proper viable cuttings have been

12  obtained or contractually arranged for to achieve successful

13  propagation at a qualified tree nursery, university research

14  facility, or living library on an approved list established by

15  the division.

16         2.  It is shown that the tree is diseased and dying,

17  with clear scientific evidence that the tree will not survive

18  more than 5 years from the date of the application for the

19  permit, and proper viable cuttings have been obtained or

20  secured in the same manner as provided in subparagraph 1.

21         (d)  A person shall not trim, prune, or engage in other

22  similar action with respect to a champion or candidate

23  champion tree on the registry to prevent deterioration or

24  maintain or enhance the health or viability of such tree

25  unless it has been shown by the applicant and determined by

26  the State Forester in consultation with university professors,

27  experts, and other professionals that there is no likelihood

28  of long-term injury to the sustainability of the tree.

29         (e)  A person shall not trim, collect, or remove a

30  portion of a branch of a champion or candidate champion tree

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    Florida House of Representatives - 1999                 HB 539

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  1  on the list for purposes of propagation unless it is shown

  2  that either of the following exists:

  3         1.  If a champion or candidate champion tree is located

  4  on private property, written consent has been obtained from

  5  the owner of the land on which any portion of the tree or its

  6  habitat is located.

  7         2.  If a champion or candidate champion tree is located

  8  on public land, proper permission has been obtained from the

  9  division and the governmental owner of the land on which any

10  portion of the tree or its habitat is located.

11         (5)  OWNERSHIP; RIGHTS OF OWNER.--

12         (a)  It is recognized that champion or candidate

13  champion trees may be located on public or private lands.

14  Regardless of the title of these lands or legal ownership of a

15  champion or candidate champion tree, it remains in the

16  ownership of the landowner subject to a declared public trust

17  in these trees and their propagation for the purposes of this

18  act. To protect the public trust, a tree may be taken by the

19  private landowner only in compliance with the provisions of

20  this act. However, the public trust shall not deprive or deny

21  any private landowner of his or her lawful use of any such

22  tree.

23         (b)  A person who owns and sells, transfers, leases, or

24  licenses any land on which a champion or candidate champion

25  tree on the registry is located shall give notice to the

26  purchaser, transferee, lessee, or licensee of the existence

27  and location of the champion or candidate champion tree.

28         (6)  DUTIES OF DIVISION.--

29         (a)  The division may manage or cooperate in the

30  management of conservation, forestry, agricultural,

31  horticulture, or plant science propagation projects related to

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    Florida House of Representatives - 1999                 HB 539

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  1  any champion, candidate champion, or proposed candidate

  2  champion trees and their habitat. The division may conduct,

  3  contract, or arrange for research and investigations in the

  4  habitat, health, conditions, or other biological or management

  5  data required to maintain or enhance the health, protection,

  6  propagation, or reforestation of any champion or candidate

  7  champion tree or its root stock.

  8         (b)  The division may establish programs, including

  9  acquisition of trees and habitat through conservation or

10  nondevelopment easements, nurseries, or living libraries of

11  trees propagated from root stock or other method from a

12  champion or candidate champion tree, as are considered

13  necessary to carry out the provisions of this act. To carry

14  out these programs, the division may enter into cooperative

15  agreements with a person who has appropriate knowledge or

16  expertise.

17         (c)  The division shall establish rules to implement

18  the provisions of this act.

19         (7)  CIVIL FINES; REMEDIES.--

20         (a)  The division may impose a civil fine of up to

21  $2,500 for each occurrence of a violation of the provisions of

22  this act.

23         (b)  In addition to or in lieu of a civil fine under

24  paragraph (a), the circuit court may, upon petition, provide

25  injunctive or other appropriate relief for a violation of this

26  act.

27         (c)  Any person who is aggrieved or injured by reason

28  of a violation of the provisions of this act may bring an

29  action therefor in the appropriate circuit court of this state

30  and shall recover the actual damages sustained and the costs

31  of such action, including a reasonable attorney's fee.

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    Florida House of Representatives - 1999                 HB 539

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  1         (8)  PENALTIES.--Any person who violates the provisions

  2  of this act commits a misdemeanor of the first degree,

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

  4         Section 2.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Requires the Division of Forestry of the Department of
10    Agriculture and Consumer Services to develop and maintain
      a registry of champion and candidate champion trees.
11    Defines "champion tree" and "candidate champion tree" for
      purposes of the act. Provides legislative intent.
12    Provides procedure for proposal of inclusion of a tree to
      the registry. Provides for specified notice by the
13    division. Provides procedure for approval of a champion
      tree or candidate champion tree for inclusion on the
14    registry. Requires protection of proposed champion and
      proposed candidate champion trees during specified
15    periods. Prohibits the taking of champion or candidate
      champion trees on the registry. Provides exceptions.
16    Provides conditions under which the division shall issue
      a permit for such taking. Prohibits the trimming and
17    pruning of champion or candidate champion trees. Provides
      exceptions. Prohibits certain actions related to
18    propagation of champion or candidate champion trees and
      provides exceptions. Provides that ownership of champion
19    or candidate champion trees located on public or private
      lands remains with the landowner, subject to a declared
20    public trust in such trees. Requires a landowner to
      provide specified notice in the event of the sale, lease,
21    or transfer of any land on which a champion or candidate
      champion tree is located. Authorizes taking of such trees
22    by a private landowner only in compliance with the act.
      Authorizes the division to manage or cooperate in
23    specified projects and conduct or contract for certain
      research. Authorizes the division to establish programs
24    and enter into cooperative agreements. Provides for the
      establishment of rules. Provides civil fines and
25    remedies. Provides penalties for violation of the act.

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