Senate Bill 0780

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    Florida Senate - 1999                                   SB 780

    By the Committee on Agriculture and Consumer Services





    303-435D-99

  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 the Florida

13         Center for Wildfire and Forest Resource

14         Management Training; providing for fees for the

15         operation of the center; creating an advisory

16         committee; amending s. 590.081, F.S.;

17         prohibiting burning in severe drought

18         conditions without permission; amending s.

19         590.082, F.S.; providing a penalty for certain

20         travel through hazardous areas; amending s.

21         590.091, F.S.; providing for designation of

22         railroad rights-of-way in wildfire areas;

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

24         for the disposal of lighted substances;

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

26         restrictions on recreation fires; creating s.

27         590.125, F.S.; providing conditions for

28         noncertified burning and certified prescribed

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

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

31         authorizing the division to issue warning

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  1         citations; providing for a notice of violation;

  2         providing for the recovery of other agency

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

  4         discretionary rewards; amending s. 590.25,

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

  6         extinguishing of wildfires; amending s. 590.27,

  7         F. S.; correcting an organizational reference;

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

  9         for the careless or intentional burning of wild

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

11         penalty for the illegal possession of

12         incendiary devices; amending ss. 590.33,

13         590.34, 590.42, F.S.; correcting organizational

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

15         provides for control burning; repealing s.

16         590.026, F.S., which provides for prescribed

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

18         provides for fire wardens; repealing s. 590.04,

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

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

21         provides for road crews to extinguish fires;

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

23         rules for road crews; repealing s. 590.07,

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

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

26         unlawful burning of lands; repealing s. 590.09,

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

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

29         provides for unlawful burning; repealing s.

30         590.30 F.S., which provides for penalties;

31         providing an effective date.

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

  2

  3         Section 1.  Section 590.01, Florida Statutes, is

  4  amended to read:

  5         590.01  Wildfire protection Protection of forests and

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

  7  Agriculture and Consumer Services has the primary

  8  responsibility for prevention, detection, and suppression of

  9  wildfires wherever they may occur forest and wild land fire

10  protection. The division shall provide leadership and

11  direction in the evaluation, coordination, allocation of

12  resources, and monitoring of wildfire management and

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

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

15  division shall promote natural resource management and wild

16  land and forest fuel reduction through the use of prescribed

17  fire and other fuel-reduction measures. The division may

18  designate and establish protection districts in areas declared

19  to need additional protection.

20         Section 2.  Section 590.015, Florida Statutes, is

21  created to read:

22         590.015  Definitions.--As used in this chapter, the

23  term:

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

25  Department of Agriculture and Consumer Services.

26         (2)  "Fire management services" means presuppression

27  fireline plowing, contract prescribed burning, prescribed and

28  wildfire management training, and other activities associated

29  with prevention, detection, and suppression of wildfires.

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

31  techniques that reduce vegetative fuels, and may include

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  1  prescribed burning, manual and mechanical clearing, and the

  2  use of herbicides.

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

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

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

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

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

  8         Section 3.  Section 590.02, Florida Statutes, is

  9  amended to read:

10         590.02  Division powers, authority, and duties; law

11  enforcement; liability; building structures; Florida Center

12  for Wildfire and Forest Resources Management Training.--

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

14  the enforcement of this chapter and other forest and forest

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

16  duties:

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

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

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

20  wildfires wherever they may occur on public or private land

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

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

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

24  under the control and direction of the division forest rangers

25  and its other designated agents of the division;

26         (d)  To appoint center managers, forest area

27  supervisors, forestry program administrators, a forest

28  protection bureau chief, a forest protection assistant bureau

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

30  operations, district managers, senior forest rangers

31  foresters, assistant district foresters, investigators, forest

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  1  rangers, firefighter rotorcraft pilots, and other employees

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

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

  4         (e)  To develop a training curriculum for forestry

  5  firefighters which must shall contain the basic volunteer a

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

  7  training course approved conducted by the Florida State Fire

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

  9  250 hours of wildfire training;

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

11  state-owned parks and historic memorials wherever located

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

13  firelines, to establish regional firefighting crews who shall

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

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

16  Governor, to use funds not otherwise appropriated for the

17  purchase of the necessary equipment for combating fires in

18  state parks;

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

20  this chapter; and

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

22  emergency response assistance forest protection services to

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

24  fees for performance of those services. Moneys collected from

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

26  the division.

27         (2)  Division employees Forest rangers, and the

28  firefighting crews under their control and direction, may

29  enter upon any lands for the purpose of preventing and

30  suppressing wildfires and investigating smoke complaints or

31  open burning not in compliance with authorization forest fires

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

  2  fire and forest protection laws of this state.

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

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

  5  all other persons and entities that which are under contract

  6  or agreement with the division to assist in firefighting

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

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

  9  forest rangers or other authorized employees of the division

10  to assist in firefighting under the direction or supervision

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

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

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

14  and private sources, and carry on all other customary

15  activities in the fighting of wildfires forest fires without

16  incurring liability to any person or entity.

17         (4)  The department may build structures,

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

19  $50,000 per structure from existing resources on forest lands,

20  federal excess property, and unneeded existing structures.

21  These structures must meet all applicable building codes.

22         (5)  The division shall organize its operational units

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

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

25  its activities in each unit. The division may construct

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

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

28  equipment for firefighting. The division may reimburse the

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

30  suppression of wildfires.

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  1         (6)  The division may organize, staff, equip, and

  2  operate the Florida Center for Wildfire and Forest Resources

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

  4  fire and forest resource managers can obtain current

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

  6  their respective disciplines.

  7         (a)  The center may establish cooperative efforts

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

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

10  without compensation to assist in carrying out the training

11  and operations of the center.

12         (b)  The center will focus on curriculum related to,

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

14  system, prescribed burning certification, multiple-use land

15  management, water quality, forest health, and environmental

16  education.

17         (c)  The center may assess appropriate fees for food,

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

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

20  scholarships to persons and other entities in exchange for

21  instructional assistance.

22         (d)  An advisory committee consisting of the following

23  individuals or their designees must review program curriculum,

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

25  Division of Forestry; the Assistant Director of the Florida

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

27  Resources and Conservation of the University of Florida; the

28  Director of the Division of Recreation and Parks of the

29  Department of Environmental Protection; the Director of the

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

31  Florida Chapter of The Nature Conservancy; the Executive Vice

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  1  President of the Florida Forestry Association; the Executive

  2  Director of the Florida Game and Fresh Water Fish Commission;

  3  the Executive Director of a Water Management District as

  4  appointed by the Commissioner of Agriculture; the Supervisor

  5  of the National Forests in Florida; the President of the

  6  Florida Fire Chief's Association; and the Executive Director

  7  of the Tall Timbers Research Station.

  8         Section 4.  Section 590.081, Florida Statutes, is

  9  amended to read:

10         590.081  Severe Emergency drought conditions; burning

11  prohibited.--

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

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

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

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

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

17  area within a county where, because of emergency drought

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

19  written permit is obtained from the Division of Forestry or

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

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

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

23  such person claiming same as a defense.

24         (1)(2)  The Commissioner of Agriculture, upon the

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

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

27  area within a county of this state, because of severe

28  emergency drought conditions, are in extraordinary danger from

29  fire. The Governor may by proclamation declare a severe

30  drought emergency to exist and describe the general boundaries

31  of the area affected.

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  1         (2)(3)  Any declaration proclamation promulgated by the

  2  Commissioner of Agriculture Governor under authority of this

  3  section shall be effective immediately upon being filed filing

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

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

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

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

  8  order of revocation of proclamation is made by the Governor

  9  and filed with the Department of State.

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

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

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

13  designated area of a severe drought emergency unless a written

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

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

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

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

18         Section 5.  Section 590.082, Florida Statutes, is

19  amended to read:

20         590.082  Extraordinary fire hazard; certain acts made

21  unlawful; proclamations by the Governor.--

22         (1)  When the Commissioner of Agriculture has declared

23  a severe drought emergency to exist and described the general

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

25  and the drought emergency continues until the wild lands

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

27  hazard, the commissioner will advise the Governor that because

28  of prolonged severe drought conditions an extraordinary fire

29  hazard that could endanger life or property exists on wild

30  lands. When the Governor has by proclamation declared a

31  drought emergency to exist and described the general

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

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

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

  4  as to create an extraordinary fire hazard endangering life and

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

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

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

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

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

10  described by proclamation, except on public roads or highways

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

12  unlawful for any person to carry on any nonessential

13  activities during such periods in the area affected.

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

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

16  consent of the chair of the board of county commissioners of

17  the affected county or counties, advise the Governor when

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

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

20  because of prolonged emergency drought conditions, become so

21  dry or parched as to create an extraordinary fire hazard

22  endangering life or property.

23         (2)  The Governor may by proclamation declare an

24  extraordinary fire hazard to exist and describe the general

25  boundaries of the area affected.

26         (3)  Any proclamation promulgated by the Governor under

27  authority of this section shall be effective immediately upon

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

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

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

31  Department of State.

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

  2  his or her agents or other persons regularly engaged in

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

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

  5  area described by proclamation, except on public roads or

  6  highways or on well-defined private roads. Further, it is

  7  unlawful for any person to carry on any nonessential

  8  activities during such periods in the area affected.

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

10  section commits a misdemeanor of the second degree, punishable

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

12  for a misdemeanor as provided by s. 590.14.

13         Section 6.  Section 590.091, Florida Statutes, is

14  amended to read:

15         590.091  Designation of railroad rights-of-way as

16  wildfire fire hazard areas.--

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

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

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

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

21  wildfire fire hazard areas.

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

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

24  railroad companies operating in this state to maintain their

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

26  known wildfire high fire hazard areas, in an approved

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

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

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

30  property.

31

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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.

30

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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 $200,000 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. The warning citation is not subject

  9  to chapter 120. Whoever willfully or intentionally violates

10  any of the provisions of this chapter commits a felony of the

11  third degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

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

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

15  notice of violation indicating the statute violated. This

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

17  the appropriate law enforcement entity for further action if

18  necessary.

19         (2)  Whoever carelessly violates any of the provisions

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

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

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

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

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

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

26  authorized fire to escape the boundaries of the authorization

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

28  the payment of all reasonable costs and expenses incurred in

29  suppressing the fire. All costs and expenses incurred by the

30  division shall be payable to the division of Forestry. When

31  such costs and expenses are not paid within 30 days a

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  1  reasonable time after demand, it shall be the duty of the

  2  division may to take proper legal proceedings for the

  3  collection of the costs and expenses. Those costs incurred by

  4  an agency acting at the division's direction are recoverable

  5  by that agency.

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

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

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

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

10  the actual violator.

11         (4)  The department may also impose an administrative

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

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

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

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

16  division.

17         (5)  The penalties provided in this section shall

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

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

20  violation.

21         Section 12.  Section 590.16, Florida Statutes, is

22  amended to read:

23         590.16  Rewards.--The division, in its discretion, may

24  offer and pay rewards for information leading to the arrest

25  and conviction of any person who violates violating any

26  provision of the provisions of this chapter.

27         Section 13.  Section 590.25, Florida Statutes, is

28  amended to read:

29         590.25  Penalty for preventing or obstructing

30  extinguishment of wildfires woods fires.--Whoever shall

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

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  1  the extinguishment of wildfires forest fires by the employees

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

  3  extinguishment of a wildfire woods fire, or who damages

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

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

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

  7         Section 14.  Section 590.27, Florida Statutes, is

  8  amended to read:

  9         590.27  Penalty for mutilating or destroying state

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

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

12  fire control or forestry sign or poster commits of the

13  division of Forestry erected in the administration of its

14  lawful duties and authorities shall be guilty of a misdemeanor

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

16  s. 775.083.

17         Section 15.  Section 590.28, Florida Statutes, is

18  amended to read:

19         590.28  Willful, malicious, or Intentional or careless

20  burning of lands.--

21         (1)  Whoever willfully, maliciously, or intentionally

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

23  to be set to, any wild land or vegetative land-clearing debris

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

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

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

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

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

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

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

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

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

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

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

  5  commits a misdemeanor of the second degree, punishable as

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

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

  8  not merely gross negligence or disregard for the rights of

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

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

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

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

13  directly or indirectly.

14         Section 16.  Section 590.29, Florida Statutes, is

15  amended to read:

16         590.29  Illegal possession of incendiary device.--

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

18  fire or law enforcement instructor to have Whoever, being

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

20  or her possession any incendiary device as defined by

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

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

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

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

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

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

27  590.30.

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

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

30  person possessing such device to use such device for the

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

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

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

  3  grass, or woodland.

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

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

  6  is any device contrived to accomplish the delayed ignition of

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

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

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

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

11  a subsequent time, and any chemicals or chemically treated

12  paper or material, or other combustible material so arranged

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

14  device.

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

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

17  775.083, or s. 775.084.

18         Section 17.  Section 590.33, Florida Statutes, is

19  amended to read:

20         590.33  State compact administrator; compact advisory

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

22  director of the division of Forestry shall act as compact

23  administrator for Florida of the Southeastern Interstate

24  Forest Fire Protection Compact during his or her term of

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

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

27  division of Forestry.  As compact administrator he or she

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

29  Southeastern Interstate Forest Fire Protection Compact, and

30  chair ex officio of the Florida members of the advisory

31  committee.  There shall be four members of the Southeastern

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  1  Interstate Forest Fire Protection Compact Advisory Committee

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

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

  4  one from the House of Representatives, designated by the

  5  Florida Commission on Interstate Cooperation, and the terms of

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

  7  hold legislative office, and their successors as members shall

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

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

10  forestry or forest products industries.  The terms of such

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

12  until their respective successors shall be appointed and

13  qualified.  Vacancies occurring in the office of such members

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

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

16  of Forestry as compact administrator for Florida may delegate,

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

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

19  participate, including voting as his or her representative or

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

21  of the compact administrators or of the advisory committee.

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

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

24  which the compact shall become effective in accordance with

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

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

27  after a hearing.

28         Section 18.  Section 590.34, Florida Statutes, is

29  amended to read:

30         590.34  State compact administrator and compact

31  advisory committee members; powers; aid from other state

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

  2  division of Forestry, as compact administrator and chair ex

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

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

  5  powers provided for in the compact and all the powers

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

  7  every particular. All officers of Florida are hereby

  8  authorized and directed to do all things falling within their

  9  respective provinces and jurisdiction necessary or incidental

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

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

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

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

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

15  hereby authorized and directed at convenient times and upon

16  request of the compact administrator or of the advisory

17  committee to furnish information data relating to the purposes

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

19  administrator of the advisory committee.  They are further

20  authorized to aid the compact administrator or the advisory

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

22  carrying out the purposes of the compact.

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

24  Statutes, is amended to read:

25         590.42  Federally funded fire protection assistance

26  programs.--

27         (2)  With respect to the formulation of projects

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

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

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

31  federal matching funds are available, any participating county

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  1  or fire department may contribute to the nonfederal matching

  2  share and may also contribute such other nonfederal

  3  cooperation as may be deemed necessary by the division of

  4  Forestry.

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

  6  590.05, 590.06, 590.07, 590.08, 590.09, 590.12, 590.30,

  7  Florida Statutes, are repealed.

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

  9  law.

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11            *****************************************

12                          SENATE SUMMARY

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