HB 7011

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	121.0515, 125.27, 253.036, 258.501, 259.035, 259.036,
4	259.037, 259.101, 259.105, 259.10521, 260.0142,
5	261.03, 261.04, 261.06, 261.12, 317.0010, 317.0016,
6	373.591, 379.226, 403.7071, 479.16, 581.1843, 589.01,
7	589.011, 589.012, 589.04, 589.06, 589.07, 589.071,
8	589.08, 589.081, 589.09, 589.10, 589.101, 589.11,
9	589.12, 589.13, 589.14, 589.15, 589.16, 589.18,
10	589.19, 589.20, 589.21, 589.26, 589.27, 589.275,
11	589.277, 589.28, 589.29, 589.30, 589.31, 589.32,
12	589.33, 589.34, 590.01, 590.015, 590.02, 590.081,
13	590.091, 590.125, 590.14, 590.16, 590.25, 590.33,
14	590.34, 590.35, 590.42, 591.17, 591.18, 591.19,
15	591.20, 591.24, 591.25, 633.115, 633.821, and 790.15,
16	F.S., to conform to the directive of the Legislature
17	in section 12 of chapter 2011-56, Laws of Florida, to
18	prepare a reviser's bill for introduction at a
19	subsequent session of the Legislature which replaces
20	all statutory references to the Division of Forestry
21	with the term "Florida Forest Service"; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Paragraph (b) of subsection (3) of section
27	121.0515, Florida Statutes, is amended to read:
28	121.0515  Special Risk Class.-
29	(3)  CRITERIA.-A member, to be designated as a special risk
30	member, must meet the following criteria:
31	(b)  Effective October 1, 1978, the member must be employed
32	as a firefighter and be certified, or required to be certified,
33	in compliance with s. 633.35 and be employed solely within the
34	fire department of a local government employer or an agency of
35	state government with firefighting responsibilities. In
36	addition, the member's duties and responsibilities must include
37	on-the-scene fighting of fires; as of October 1, 2001, fire
38	prevention or firefighter training; as of October 1, 2001,
39	direct supervision of firefighting units, fire prevention, or
40	firefighter training; or as of July 1, 2001, aerial firefighting
41	surveillance performed by fixed-wing aircraft pilots employed by
42	the Florida Forest Service Division of Forestry of the
43	Department of Agriculture and Consumer Services; or the member
44	must be the supervisor or command officer of a member or members
45	who have such responsibilities. Administrative support
46	personnel, including, but not limited to, those whose primary
47	duties and responsibilities are in accounting, purchasing,
48	legal, and personnel, are not included. All periods of
49	creditable service in fire prevention or firefighter training,
50	or as the supervisor or command officer of a member or members
51	who have such responsibilities, and for which the employer paid
52	the special risk contribution rate, are included;
53	Section 2.  Section 125.27, Florida Statutes, is amended to
54	read:
55	125.27  Countywide forest fire protection; authority of the
56	Florida Forest Service Division of Forestry; state funding;
57	county fire control assessments; disposition; equipment
58	donations.-
59	(1)  The Florida Forest Service Division of Forestry of the
60	Department of Agriculture and Consumer Services and the board of
61	county commissioners of each county in this state shall enter
62	into agreements for the establishment and maintenance of
63	countywide fire protection of all forest and wild lands within
64	said county, with the total cost of such fire protection being
65	funded by state and federal funds. Each county shall, under the
66	terms of such agreements, be assessed each fiscal year, as its
67	share of the cost of providing such fire protection, a sum in
68	dollars equal to the total forest and wild land acreage of the
69	county, as determined by the Florida Forest Service Division of
70	Forestry, multiplied by 7 cents. The forest and wild lands
71	acreage included in such agreements shall be reviewed each year
72	by the contracting parties and the number of forest and wild
73	land acres and the annual fire control assessment adjusted so as
74	to reflect the current forest acreage of the county. In the
75	event the Florida Forest Service division and the county
76	commissioners do not agree, the Board of Trustees of the
77	Internal Improvement Trust Fund shall make such acreage
78	determination. All fire control assessments received by the
79	Florida Forest Service Division of Forestry from the several
80	counties under agreements made pursuant to this section shall be
81	deposited as follows:
82	(a)  An amount equal to the total forest land and wild land
83	acreage of the counties, multiplied by 4 cents, shall be
84	distributed to the Incidental Trust Fund of the Florida Forest
85	Service Division of Forestry; and
86	(b)  An amount equal to the total forest land and wild land
87	acreage of the counties, multiplied by 3 cents, shall be
88	distributed to the General Revenue Fund.
89	(2)  The Florida Forest Service Division of Forestry may
90	include provisions in the agreements authorized in this section,
91	or execute separate or supplemental agreements with the several
92	counties, county agencies, or municipalities, to provide
93	communication services and other services directly related to
94	fire protection within the county, other than forest fire
95	control, on a cost reimbursable basis only, provided the
96	rendering of such services does not hinder or impede in any way
97	the Florida Forest Service's division's ability to accomplish
98	its primary function with respect to forest fire control.
99	(3)  The Department of Agriculture and Consumer Services
100	may lease, loan, or otherwise make available, without charge, to
101	state, county, and local governmental entities that have
102	fire/rescue responsibilities, new or used fire protection
103	equipment, vehicles, or supplies, which shall include all such
104	items received from public or private entities. The department,
105	and those private or public entities providing at no cost, or de
106	minimis cost, such items for loan or lease through the
107	department, shall not be held liable for civil damages resulting
108	from use or possession of such items. Private or public entities
109	that donate fire/rescue equipment, vehicles, or supplies
110	directly to state, county, or local governmental entities having
111	fire/rescue responsibilities shall not be held liable for civil
112	damages resulting from use or possession of such items.
113	Section 3.  Section 253.036, Florida Statutes, is amended
114	to read:
115	253.036  Forest management.-All land management plans
116	described in s. 253.034(5) which are prepared for parcels larger
117	than 1,000 acres shall contain an analysis of the multiple-use
118	potential of the parcel, which analysis shall include the
119	potential of the parcel to generate revenues to enhance the
120	management of the parcel. The lead agency shall prepare the
121	analysis, which shall contain a component or section prepared by
122	a qualified professional forester which assesses the feasibility
123	of managing timber resources on the parcel for resource
124	conservation and revenue generation purposes through a
125	stewardship ethic that embraces sustainable forest management
126	practices if the lead management agency determines that the
127	timber resource management is not in conflict with the primary
128	management objectives of the parcel. For purposes of this
129	section, practicing sustainable forest management means meeting
130	the needs of the present without compromising the ability of
131	future generations to meet their own needs by practicing a land
132	stewardship ethic which integrates the reforestation, managing,
133	growing, nurturing, and harvesting of trees for useful products
134	with the conservation of soil, air and water quality, wildlife
135	and fish habitat, and aesthetics. The Legislature intends that
136	each lead management agency, whenever practicable and cost
137	effective, use the services of the Florida Forest Service
138	Division of Forestry of the Florida Department of Agriculture
139	and Consumer Services or other qualified private sector
140	professional forester in completing such feasibility assessments
141	and implementing timber resource management. The Legislature
142	further intends that the lead management agency develop a
143	memorandum of agreement with the Florida Forest Service Division
144	of Forestry to provide for full reimbursement for any services
145	provided for the feasibility assessments or timber resource
146	management. All additional revenues generated through multiple-
147	use management or compatible secondary use management shall be
148	returned to the lead agency responsible for such management and
149	shall be used to pay for management activities on all
150	conservation, preservation, and recreation lands under the
151	agency's jurisdiction. In addition, such revenue shall be
152	segregated in an agency trust fund and shall remain available to
153	the agency in subsequent fiscal years to support land management
154	appropriations.
155	Section 4.  Paragraph (a) of subsection (7) of section
156	258.501, Florida Statutes, is amended to read:
157	258.501  Myakka River; wild and scenic segment.-
158	(7)  MANAGEMENT COORDINATING COUNCIL.-
159	(a)  Upon designation, the department shall create a
160	permanent council to provide interagency and intergovernmental
161	coordination in the management of the river. The coordinating
162	council shall be composed of one representative appointed from
163	each of the following: the department, the Department of
164	Transportation, the Fish and Wildlife Conservation Commission,
165	the Department of Community Affairs, the Florida Forest Service
166	Division of Forestry of the Department of Agriculture and
167	Consumer Services, the Division of Historical Resources of the
168	Department of State, the Tampa Bay Regional Planning Council,
169	the Southwest Florida Water Management District, the Southwest
170	Florida Regional Planning Council, Manatee County, Sarasota
171	County, Charlotte County, the City of Sarasota, the City of
172	North Port, agricultural interests, environmental organizations,
173	and any others deemed advisable by the department.
174	Section 5.  Paragraph (b) of subsection (1) of section
175	259.035, Florida Statutes, is amended to read:
176	259.035  Acquisition and Restoration Council.-
177	(1)  There is created the Acquisition and Restoration
178	Council.
179	(b)  The four remaining appointees shall be composed of the
180	Secretary of Environmental Protection, the director of the
181	Florida Forest Service Division of Forestry of the Department of
182	Agriculture and Consumer Services, the executive director of the
183	Fish and Wildlife Conservation Commission, and the director of
184	the Division of Historical Resources of the Department of State,
185	or their respective designees.
186	Section 6.  Paragraph (a) of subsection (1) of section
187	259.036, Florida Statutes, is amended to read:
188	259.036  Management review teams.-
189	(1)  To determine whether conservation, preservation, and
190	recreation lands titled in the name of the Board of Trustees of
191	the Internal Improvement Trust Fund are being managed for the
192	purposes for which they were acquired and in accordance with a
193	land management plan adopted pursuant to s. 259.032, the board
194	of trustees, acting through the Department of Environmental
195	Protection, shall cause periodic management reviews to be
196	conducted as follows:
197	(a)  The department shall establish a regional land
198	management review team composed of the following members:
199	1.  One individual who is from the county or local
200	community in which the parcel or project is located and who is
201	selected by the county commission in the county which is most
202	impacted by the acquisition.
203	2.  One individual from the Division of Recreation and
204	Parks of the department.
205	3.  One individual from the Florida Forest Service Division
206	of Forestry of the Department of Agriculture and Consumer
207	Services.
208	4.  One individual from the Fish and Wildlife Conservation
209	Commission.
210	5.  One individual from the department's district office in
211	which the parcel is located.
212	6.  A private land manager mutually agreeable to the state
213	agency representatives.
214	7.  A member of the local soil and water conservation
215	district board of supervisors.
216	8.  A member of a conservation organization.
217	Section 7.  Subsection (1) of section 259.037, Florida
218	Statutes, is amended to read:
219	259.037  Land Management Uniform Accounting Council.-
220	(1)  The Land Management Uniform Accounting Council is
221	created within the Department of Environmental Protection and
222	shall consist of the director of the Division of State Lands,
223	the director of the Division of Recreation and Parks, the
224	director of the Office of Coastal and Aquatic Managed Areas, and
225	the director of the Office of Greenways and Trails of the
226	Department of Environmental Protection; the director of the
227	Florida Forest Service Division of Forestry of the Department of
228	Agriculture and Consumer Services; the executive director of the
229	Fish and Wildlife Conservation Commission; and the director of
230	the Division of Historical Resources of the Department of State,
231	or their respective designees. Each state agency represented on
232	the council shall have one vote. The chair of the council shall
233	rotate annually in the foregoing order of state agencies. The
234	agency of the representative serving as chair of the council
235	shall provide staff support for the council. The Division of
236	State Lands shall serve as the recipient of and repository for
237	the council's documents. The council shall meet at the request
238	of the chair.
239	Section 8.  Paragraph (e) of subsection (3) and subsection
240	(5) of section 259.101, Florida Statutes, are amended to read:
241	259.101  Florida Preservation 2000 Act.-
242	(3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.-Less the costs
243	of issuance, the costs of funding reserve accounts, and other
244	costs with respect to the bonds, the proceeds of bonds issued
245	pursuant to this act shall be deposited into the Florida
246	Preservation 2000 Trust Fund created by s. 375.045. In fiscal
247	year 2000-2001, for each Florida Preservation 2000 program
248	described in paragraphs (a)-(g), that portion of each program's
249	total remaining cash balance which, as of June 30, 2000, is in
250	excess of that program's total remaining appropriation balances
251	shall be redistributed by the department and deposited into the
252	Save Our Everglades Trust Fund for land acquisition. For
253	purposes of calculating the total remaining cash balances for
254	this redistribution, the Florida Preservation 2000 Series 2000
255	bond proceeds, including interest thereon, and the fiscal year
256	1999-2000 General Appropriations Act amounts shall be deducted
257	from the remaining cash and appropriation balances,
258	respectively. The remaining proceeds shall be distributed by the
259	Department of Environmental Protection in the following manner:
260	(e)  Two and nine-tenths percent to the Florida Forest
261	Service Division of Forestry of the Department of Agriculture
262	and Consumer Services to fund the acquisition of state forest
263	inholdings and additions pursuant to s. 589.07.
264
265	Local governments may use federal grants or loans, private
266	donations, or environmental mitigation funds, including
267	environmental mitigation funds required pursuant to s. 338.250,
268	for any part or all of any local match required for the purposes
269	described in this subsection. Bond proceeds allocated pursuant
270	to paragraph (c) may be used to purchase lands on the priority
271	lists developed pursuant to s. 259.035. Title to lands purchased
272	pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
273	vested in the Board of Trustees of the Internal Improvement
274	Trust Fund. Title to lands purchased pursuant to paragraph (c)
275	may be vested in the Board of Trustees of the Internal
276	Improvement Trust Fund. The board of trustees shall hold title
277	to land protection agreements and conservation easements that
278	were or will be acquired pursuant to s. 380.0677, and the
279	Southwest Florida Water Management District and the St. Johns
280	River Water Management District shall monitor such agreements
281	and easements within their respective districts until the state
282	assumes this responsibility.
283	(5)  Any funds received by the Florida Forest Service
284	Division of Forestry from the Preservation 2000 Trust Fund
285	pursuant to paragraph (3)(e) shall be used only to pay the cost
286	of the acquisition of lands in furtherance of outdoor recreation
287	and natural resources conservation in this state. The
288	administration and use of any funds received by the Florida
289	Forest Service Division of Forestry from the Preservation 2000
290	Trust Fund will be subject to such terms and conditions imposed
291	thereon by the agency of the state responsible for the issuance
292	of the revenue bonds, the proceeds of which are deposited in the
293	Preservation 2000 Trust Fund, including restrictions imposed to
294	ensure that the interest on any such revenue bonds issued by the
295	state as tax-exempt revenue bonds will not be included in the
296	gross income of the holders of such bonds for federal income tax
297	purposes. All deeds or leases with respect to any real property
298	acquired with funds received by the Florida Forest Service
299	Division of Forestry from the Preservation 2000 Trust Fund shall
300	contain such covenants and restrictions as are sufficient to
301	ensure that the use of such real property at all times complies
302	with s. 375.051 and s. 9, Art. XII of the 1968 Constitution of
303	Florida; and shall contain reverter clauses providing for the
304	reversion of title to such property to the Board of Trustees of
305	the Internal Improvement Trust Fund or, in the case of a lease
306	of such property, providing for termination of the lease upon a
307	failure to use the property conveyed thereby for such purposes.
308	Section 9.  Paragraph (f) of subsection (3) of section
309	259.105, Florida Statutes, is amended to read:
310	259.105  The Florida Forever Act.-
311	(3)  Less the costs of issuing and the costs of funding
312	reserve accounts and other costs associated with bonds, the
313	proceeds of cash payments or bonds issued pursuant to this
314	section shall be deposited into the Florida Forever Trust Fund
315	created by s. 259.1051. The proceeds shall be distributed by the
316	Department of Environmental Protection in the following manner:
317	(f)  One and five-tenths percent to the Florida Forest
318	Service Division of Forestry of the Department of Agriculture
319	and Consumer Services to fund the acquisition of state forest
320	inholdings and additions pursuant to s. 589.07, the
321	implementation of reforestation plans or sustainable forestry
322	management practices, and for capital project expenditures as
323	described in this section. At a minimum, 1 percent, and no more
324	than 10 percent, of the funds allocated for the acquisition of
325	inholdings and additions pursuant to this paragraph shall be
326	spent on capital project expenditures identified during the time
327	of acquisition which meet land management planning activities
328	necessary for public access.
329	Section 10.  Paragraphs (c) and (d) of subsection (1),
330	subsection (2), and paragraph (b) of subsection (3) of section
331	259.10521, Florida Statutes, are amended to read:
332	259.10521  Citizen support organization; use of property.-
333	(1)  DEFINITIONS.-For the purpose of this section, the
334	"citizen support organization" means an organization that is:
335	(c)  Determined by the Fish and Wildlife Conservation
336	Commission and the Florida Forest Service Division of Forestry
337	within the Department of Agriculture and Consumer Services to be
338	consistent with the goals of the state in acquiring the ranch
339	and in the best interests of the state; and
340	(d)  Approved in writing by the Fish and Wildlife
341	Conservation Commission and the Florida Forest Service Division
342	of Forestry to operate for the direct or indirect benefit of the
343	ranch and in the best interest of the state. Such approval shall
344	be given in a letter of agreement from the Fish and Wildlife
345	Conservation Commission and the Florida Forest Service Division
346	of Forestry. Only one citizen support organization may be
347	created to operate for the direct or indirect benefit of the
348	Babcock Crescent B Ranch.
349	(2)  USE OF PROPERTY.-
350	(a)  The Fish and Wildlife Conservation Commission and the
351	Florida Forest Service Division of Forestry may permit, without
352	charge, appropriate use of fixed property and facilities of the
353	Babcock Crescent B Ranch by a citizen support organization,
354	subject to the provisions of this section. Such use must be
355	directly in keeping with the approved purposes of the citizen
356	support organization and may not be made at times or places that
357	would unreasonably interfere with recreational opportunities for
358	the general public.
359	(b)  The Fish and Wildlife Conservation Commission and the
360	Florida Forest Service Division of Forestry may prescribe by
361	rule any condition with which the citizen support organization
362	shall comply in order to use fixed property or facilities of the
363	ranch.
364	(c)  The Fish and Wildlife Conservation Commission and the
365	Florida Forest Service Division of Forestry shall not permit the
366	use of any fixed property or facilities of the ranch by a
367	citizen support organization that does not provide equal
368	membership and employment opportunities to all persons
369	regardless of race, color, religion, sex, age, or national
370	origin.
371	(3)  PARTNERSHIPS.-
372	(b)  The Legislature may annually appropriate funds from
373	the Land Acquisition Trust Fund for use only as state matching
374	funds, in conjunction with private donations in aggregates of at
375	least $60,000, matched by $40,000 of state funds, for a total
376	minimum project amount of $100,000 for capital improvement
377	facility development at the ranch at either individually
378	designated locations or for priority projects within the overall
379	ranch system. The citizen support organization may acquire
380	private donations pursuant to this section, and matching state
381	funds for approved projects may be provided in accordance with
382	this subsection. The Fish and Wildlife Conservation Commission
383	and the Florida Forest Service Division of Forestry are
384	authorized to properly recognize and honor a private donor by
385	placing a plaque or other appropriate designation noting the
386	contribution on project facilities or by naming project
387	facilities after the person or organization that provided
388	matching funds. The Fish and Wildlife Conservation Commission
389	and the Florida Forest Service Division of Forestry are
390	authorized to adopt necessary administrative rules to carry out
391	the purposes of this subsection.
392	Section 11.  Paragraph (d) of subsection (1) of section
393	260.0142, Florida Statutes, is amended to read:
394	260.0142  Florida Greenways and Trails Council;
395	composition; powers and duties.-
396	(1)  There is created within the department the Florida
397	Greenways and Trails Council which shall advise the department
398	in the execution of the department's powers and duties under
399	this chapter. The council shall be composed of 20 members,
400	consisting of:
401	(d)  The 9 remaining members shall include:
402	1.  The Secretary of Environmental Protection or a
403	designee.
404	2.  The executive director of the Fish and Wildlife
405	Conservation Commission or a designee.
406	3.  The Secretary of Transportation or a designee.
407	4.  The Director of the Florida Forest Service Division of
408	Forestry of the Department of Agriculture and Consumer Services
409	or a designee.
410	5.  The director of the Division of Historical Resources of
411	the Department of State or a designee.
412	6.  A representative of the water management districts.
413	Membership on the council shall rotate among the five districts.
414	The districts shall determine the order of rotation.
415	7.  A representative of a federal land management agency.
416	The Secretary of Environmental Protection shall identify the
417	appropriate federal agency and request designation of a
418	representative from the agency to serve on the council.
419	8.  A representative of the regional planning councils to
420	be appointed by the Secretary of Environmental Protection.
421	Membership on the council shall rotate among the seven regional
422	planning councils. The regional planning councils shall
423	determine the order of rotation.
424	9.  A representative of local governments to be appointed
425	by the Secretary of Environmental Protection. Membership shall
426	alternate between a county representative and a municipal
427	representative.
428	Section 12.  Subsection (4) of section 261.03, Florida
429	Statutes, is amended to read:
430	261.03  Definitions.-As used in this chapter, the term:
431	(4)  "Division" means the Florida Forest Service.
432	Section 13.  Subsection (1) of section 261.04, Florida
433	Statutes, is amended to read:
434	261.04  Off-Highway Vehicle Recreation Advisory Committee;
435	members; appointment.-
436	(1)  Effective July 1, 2003, the Off-Highway Vehicle
437	Recreation Advisory Committee is created within the Florida
438	Forest Service Division of Forestry and consists of nine
439	members, all of whom are appointed by the Commissioner of
440	Agriculture. The appointees shall include one representative of
441	the Department of Agriculture and Consumer Services, one
442	representative of the Department of Highway Safety and Motor
443	Vehicles, one representative of the Department of Environmental
444	Protection's Office of Greenways and Trails, one representative
445	of the Fish and Wildlife Conservation Commission, one citizen
446	with scientific expertise in disciplines relating to ecology,
447	wildlife biology, or other environmental sciences, one
448	representative of a licensed off-highway vehicle dealer, and
449	three representatives of off-highway vehicle recreation groups.
450	In making these appointments, the commissioner shall consider
451	the places of residence of the members to ensure statewide
452	representation.
453	Section 14.  Section 261.06, Florida Statutes, is amended
454	to read:
455	261.06  Functions, duties, and responsibilities of the
456	department.-The following are functions, duties, and
457	responsibilities of the department through the Florida Forest
458	Service division:
459	(1)  Coordination of the planning, development,
460	conservation, and rehabilitation of state lands in and for the
461	system.
462	(2)  Coordination of the management, maintenance,
463	administration, and operation of state lands in the system and
464	the provision of law enforcement and appropriate public safety
465	activities.
466	(3)  Management of the trust fund and approval of the
467	advisory committee's budget recommendations.
468	(4)  Implementation of the program, including the ultimate
469	approval of grant applications submitted by governmental
470	agencies or entities or nongovernmental entities.
471	(5)  Coordination to help ensure compliance with
472	environmental laws and regulations of the program and lands in
473	the system.
474	(6)  Implementation of the policies established by the
475	advisory committee.
476	(7)  Provision of staff assistance to the advisory
477	committee.
478	(8)  Preparation of plans for lands in, or proposed to be
479	included in, the system.
480	(9)  Conducting surveys and the preparation of studies as
481	are necessary or desirable for implementing the program.
482	(10)  Recruitment and utilization of volunteers to further
483	the program.
484	(11)  Rulemaking authority to implement the provisions of
485	ss. 261.01-261.10.
486	Section 15.  Section 261.12, Florida Statutes, is amended
487	to read:
488	261.12  Designated off-highway vehicle funds within the
489	Incidental Trust Fund of the Florida Forest Service Division of
490	Forestry of the Department of Agriculture and Consumer
491	Services.-
492	(1)  The designated off-highway vehicle funds of the trust
493	fund shall consist of deposits from the following sources:
494	(a)  Fees paid to the Department of Highway Safety and
495	Motor Vehicles for the titling of off-highway vehicles.
496	(b)  Revenues and income from any other sources required by
497	law or as appropriated by the Legislature to be deposited into
498	the trust fund as designated off-highway vehicle funds.
499	(c)  Donations from private sources that are designated as
500	off-highway vehicle funds.
501	(d)  Interest earned on designated off-highway vehicle
502	funds on deposit in the trust fund.
503	(2)  Designated off-highway vehicle funds in the trust fund
504	shall be available for recommended allocation by the Off-Highway
505	Vehicle Recreation Advisory Committee and the Department of
506	Agriculture and Consumer Services and upon annual appropriation
507	by the Legislature, exclusively for the following:
508	(a)  Implementation of the Off-Highway Vehicle Recreation
509	Program by the Department of Agriculture and Consumer Services,
510	which includes personnel and other related expenses;
511	administrative and operating expenses; expenses related to
512	safety, training, rider education programs, management,
513	maintenance, and rehabilitation of lands in the Off-Highway
514	Vehicle Recreation Program's system of lands and trails; and, if
515	funds are available, acquisition of lands to be included in the
516	system and the management, maintenance, and rehabilitation of
517	such lands.
518	(b)  Approved grants to governmental agencies or entities
519	or nongovernmental entities that wish to provide or improve off-
520	highway vehicle recreation areas or trails for public use on
521	public lands, provide environmental protection and restoration
522	to affected natural areas in the system, provide enforcement of
523	applicable regulations related to the system and off-highway
524	vehicle activities, or provide education in the operation of
525	off-highway vehicles.
526	(c)  Matching funds to be used to match grant funds
527	available from other sources.
528	(3)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
529	any balance of designated off-highway vehicle funds in the trust
530	fund at the end of any fiscal year shall remain therein and
531	shall be available for the purposes set out in this section and
532	as otherwise provided by law.
533	Section 16.  Section 317.0010, Florida Statutes, is amended
534	to read:
535	317.0010  Disposition of fees.-The department shall deposit
536	all funds received under this chapter, less administrative costs
537	of $2 per title transaction, into the Incidental Trust Fund of
538	the Florida Forest Service Division of Forestry of the
539	Department of Agriculture and Consumer Services.
540	Section 17.  Section 317.0016, Florida Statutes, is amended
541	to read:
542	317.0016  Expedited service; applications; fees.-The
543	department shall provide, through its agents and for use by the
544	public, expedited service on title transfers, title issuances,
545	duplicate titles, recordation of liens, and certificates of
546	repossession. A fee of $7 shall be charged for this service,
547	which is in addition to the fees imposed by ss. 317.0007 and
548	317.0008, and $3.50 of this fee shall be retained by the
549	processing agency. All remaining fees shall be deposited in the
550	Incidental Trust Fund of the Florida Forest Service Division of
551	Forestry of the Department of Agriculture and Consumer Services.
552	Application for expedited service may be made by mail or in
553	person. The department shall issue each title applied for
554	pursuant to this section within 5 working days after receipt of
555	the application except for an application for a duplicate title
556	certificate covered by s. 317.0008(3), in which case the title
557	must be issued within 5 working days after compliance with the
558	department's verification requirements.
559	Section 18.  Paragraph (h) of subsection (1) of section
560	373.591, Florida Statutes, is amended to read:
561	373.591  Management review teams.-
562	(1)  To determine whether conservation, preservation, and
563	recreation lands titled in the names of the water management
564	districts are being managed for the purposes for which they were
565	acquired and in accordance with land management objectives, the
566	water management districts shall establish land management
567	review teams to conduct periodic management reviews. The land
568	management review teams shall be composed of the following
569	members:
570	(h)  One individual from the Department of Agriculture and
571	Consumer Services' Florida Forest Service Division of Forestry.
572	Section 19.  Subsection (10) of section 379.226, Florida
573	Statutes, is amended to read:
574	379.226  Florida Territorial Waters Act; alien-owned
575	commercial fishing vessels; prohibited acts; enforcement.-
576	(10)  Harbormasters and law enforcement agencies are
577	authorized to request assistance from the Civil Air Patrol in
578	the surveillance of suspect vessels. Aircraft of the Florida
579	Forest Service Division of Forestry of the Department of
580	Agriculture and Consumer Services or other state or county
581	agencies which are conveniently located and not otherwise
582	occupied may be similarly utilized.
583	Section 20.  Subsection (6) of section 403.7071, Florida
584	Statutes, is amended to read:
585	403.7071  Management of storm-generated debris.-Solid waste
586	generated as a result of a storm event that is the subject of an
587	emergency order issued by the department may be managed as
588	follows:
589	(6)  Local governments or their agents may conduct the
590	burning of storm-generated yard trash, other storm-generated
591	vegetative debris, or untreated wood from construction and
592	demolition debris in air-curtain incinerators without prior
593	notice to the department. Within 10 days after commencing such
594	burning, the local government shall notify the department in
595	writing describing the general nature of the materials burned;
596	the location and method of burning; and the name, address, and
597	telephone number of the representative of the local government
598	to contact concerning the work. The operator of the air-curtain
599	incinerator is subject to any requirement of the Florida Forest
600	Service Division of Forestry or of any other agency concerning
601	authorization to conduct open burning. Any person conducting
602	open burning of vegetative debris is also subject to such
603	requirements.
604	Section 21.  Subsection (5) of section 479.16, Florida
605	Statutes, is amended to read:
606	479.16  Signs for which permits are not required.-The
607	following signs are exempt from the requirement that a permit
608	for a sign be obtained under the provisions of this chapter but
609	are required to comply with the provisions of s. 479.11(4)-(8):
610	(5)  Danger or precautionary signs relating to the premises
611	on which they are located; forest fire warning signs erected
612	under the authority of the Florida Forest Service Division of
613	Forestry of the Department of Agriculture and Consumer Services;
614	and signs, notices, or symbols erected by the United States
615	Government under the direction of the United States Forestry
616	Service.
617	Section 22.  Subsection (7) of section 581.1843, Florida
618	Statutes, is amended to read:
619	581.1843  Citrus nursery stock propagation and production
620	and the establishment of regulated areas around citrus
621	nurseries.-
622	(7)  The department shall relocate foundation source trees
623	maintained by the Division of Plant Industry from various
624	locations, including those in Dundee and Winter Haven, to
625	protective structures at the Florida Forest Service Division of
626	Forestry nursery in Chiefland or to other protective sites
627	located a minimum of 10 miles from any commercial citrus grove.
628	Section 23.  Section 589.01, Florida Statutes, is amended
629	to read:
630	589.01  Florida Forestry Council.-The Florida Forestry
631	Council, hereinafter called the "council," is hereby created in
632	the Florida Forest Service Division of Forestry of the
633	Department of Agriculture and Consumer Services. The council
634	shall be composed of five members appointed by the Department of
635	Agriculture and Consumer Services for terms of 4 years.
636	(1)  There shall be one member of the council from each of
637	the following areas of forestry:
638	(a)  The pulp and paper manufacturing industry.
639	(b)  A forest products industry other than that described
640	in paragraph (a).
641	(c)  A timber or timber products dealer.
642	(d)  An individual forest landowner.
643	(e)  An active member of a statewide conservation
644	organization having as one of its principal objectives the
645	conservation and development of the forest resource.
646	(2)  Not fewer than two or more than three nominations
647	shall be made for each membership on the council, and any
648	statewide organization representing an area of forestry
649	represented on the council may make nominations.
650	(3)  The council shall meet at the call of its chair, at
651	the request of a majority of its membership or of the Department
652	of Agriculture and Consumer Services, or at such times as may be
653	prescribed by its rules.
654	(4)  A majority of the members of the council shall
655	constitute a quorum for all purposes, and an act by a majority
656	of such quorum at any meeting shall constitute an official act
657	of the council.
658	(5)  The powers and duties of the council shall be as
659	follows:
660	(a)  To consider and study the entire field of forestry;
661	(b)  To advise, counsel, and consult with the Department of
662	Agriculture and Consumer Services and the Director of the
663	Florida Forest Service Division of Forestry upon request in
664	connection with the promulgation, administration, and
665	enforcement of all laws and rules relating to forestry;
666	(c)  To consider all matters submitted to it by the
667	Department of Agriculture and Consumer Services or the Director
668	of the Florida Forest Service Division of Forestry;
669	(d)  To offer suggestions and recommendations to the
670	Department of Agriculture and Consumer Services and the Director
671	of the Florida Forest Service Division of Forestry on its own
672	initiative in regard to changes in the laws and rules relating
673	to forestry as may be deemed advisable to secure the effective
674	administration and enforcement of such laws and rules relating
675	to the work of the Florida Forest Service division; and
676	(e)  To keep a complete record of all its proceedings,
677	showing the names of the members present at each meeting and any
678	action taken by the council, and to file and maintain such
679	records in the Florida Forest Service Division of Forestry as a
680	public record.
681	Section 24.  Section 589.011, Florida Statutes, is amended
682	to read:
683	589.011  Use of state forest lands; fees; rules.-
684	(1)  The Florida Forest Service Division of Forestry of the
685	Department of Agriculture and Consumer Services may grant
686	privileges, permits, leases, and concessions for the use of
687	state forest lands, timber, and forest products for purposes not
688	inconsistent with the provisions of this chapter.
689	(2)  The Florida Forest Service Division of Forestry is
690	authorized to grant easements for rights-of-way, over, across,
691	and upon state forest lands for the construction and maintenance
692	of poles and lines for the transmission and distribution of
693	electrical power, pipelines for the distribution and
694	transportation of oils and gases, and for telephone and
695	telegraphic purposes and for public roads, under such conditions
696	and limitations as the Florida Forest Service division may
697	impose.
698	(3)  The Florida Forest Service Division of Forestry shall
699	have the power to set and charge reasonable fees or rent for the
700	use or operation of facilities on state forests or any lands
701	leased by or otherwise assigned to the Florida Forest Service
702	division for management purposes. Moneys collected from such
703	fees and rent shall be deposited into the Incidental Trust Fund
704	of the Florida Forest Service division.
705	(4)  The Florida Forest Service Division of Forestry may
706	adopt and enforce rules necessary for the protection,
707	utilization, occupancy, and development of state forest lands or
708	any lands leased by or otherwise assigned to the Florida Forest
709	Service division for management purposes. Any person violating
710	or otherwise failing to comply with any provision of this
711	subsection or rule adopted under this subsection commits a
712	noncriminal violation as defined in s. 775.08(3), punishable
713	only by fine, not to exceed $500 per violation. Jurisdiction
714	shall be with the appropriate county court.
715	(5)  The Florida Forest Service Division of Forestry may
716	prohibit on state forest lands, or any lands leased by or
717	otherwise assigned to the Florida Forest Service division for
718	management purposes, activities that interfere with management
719	objectives, create a nuisance, or pose a threat to public
720	safety. Such prohibited activities must be posted with signs not
721	more than 500 feet apart along, and at each corner of, the
722	boundaries of the land. The signs must be placed along the
723	boundary line of posted land in a manner and in such position as
724	to be clearly noticeable from outside the boundary line. A
725	person who violates the provisions of this subsection commits a
726	misdemeanor of the second degree, punishable as provided in s.
727	775.082 or s. 775.083.
728	(6)  The Florida Forest Service Division of Forestry may
729	enter into contracts or agreements, with or without competitive
730	bidding or procurement, to make available, on a fair,
731	reasonable, and nondiscriminatory basis, property and other
732	structures under Florida Forest Service division control for the
733	placement of new facilities by any wireless provider of mobile
734	service as defined in 47 U.S.C. s. 153(27) or 47 U.S.C. s.
735	332(d) or any telecommunications company as defined in s. 364.02
736	when it is determined to be practical and feasible to make such
737	property or other structures available. The Florida Forest
738	Service division may, without adopting a rule, charge a just,
739	reasonable, and nondiscriminatory fee for the placement of the
740	facilities, payable annually, based on the fair market value of
741	space used by comparable communications facilities in the state.
742	The Florida Forest Service division and a wireless provider or
743	telecommunications company may negotiate the reduction or
744	elimination of a fee in consideration of services provided to
745	the Florida Forest Service division by the wireless provider or
746	telecommunications company. All such fees collected by the
747	Florida Forest Service division shall be deposited in the
748	Incidental Trust Fund.
749	Section 25.  Section 589.012, Florida Statutes, is amended
750	to read:
751	589.012  Friends of Florida State Forests Program.-The
752	Friends of Florida State Forests Program is established within
753	the Department of Agriculture and Consumer Services. Its purpose
754	is to provide support and assistance for existing and future
755	programs of the Florida Forest Service Division of Forestry.
756	These programs must be consistent with the Florida Forest
757	Service division's mission statement which is incorporated by
758	reference. The purpose of the program is to:
759	(1)  Conduct programs and activities related to
760	environmental education, fire prevention, recreation, and forest
761	management.
762	(2)  Identify and pursue methods to provide resources and
763	materials for these programs.
764	(3)  Establish a statewide method to integrate these
765	resources and materials.
766	Section 26.  Section 589.04, Florida Statutes, is amended
767	to read:
768	589.04  Duties of Florida Forest Service division.-
769	(1)  The Florida Forest Service Division of Forestry shall
770	cooperate with federal, state, and local governmental agencies,
771	nonprofit organizations, and other persons to:
772	(a)  Promote and encourage forest fire protection, forest
773	environmental education, forest land stewardship, good forest
774	management, tree planting and care, forest recreation, and the
775	proper management of public lands.
776	(b)  Apply for, solicit, and receive grants, funds,
777	services, equipment, and supplies from those agencies,
778	organizations, firms, and individuals.
779	(2)  All grant proceeds and funds received for these
780	purposes shall be deposited in the Incidental Trust Fund.
781	Expenditures of these funds shall be for the purposes
782	established in this section.
783	(3)  The Florida Forest Service Division of Forestry shall
784	provide direction for the multiple-use management of forest
785	lands owned by the state; serve as the lead management agency
786	for state-owned land primarily suited for forest resource
787	management; and provide to other state agencies having land
788	management responsibilities technical guidance and management
789	plan development for managing the forest resources on state-
790	owned lands managed for other objectives. Multiple-purpose use
791	shall include, but is not limited to, water-resource protection,
792	forest-ecosystems protection, natural-resource-based low-impact
793	recreation, and sustainable timber management for forest
794	products.
795	(4)  The Florida Forest Service Division of Forestry shall
796	begin immediately an aggressive program to reforest and
797	afforest, with appropriate tree species, lands over which the
798	Florida Forest Service division has forest resource management
799	responsibility.
800	Section 27.  Section 589.06, Florida Statutes, is amended
801	to read:
802	589.06  Warrants for payment of accounts.-Upon the
803	presentation to the Chief Financial Officer of any accounts duly
804	approved by the Florida Forest Service Division of Forestry,
805	accompanied by such itemized vouchers or accounts as shall be
806	required by her or him, the Chief Financial Officer shall audit
807	the same and draw a warrant for the amount for which the account
808	is audited, payable out of funds to the credit of the Florida
809	Forest Service division.
810	Section 28.  Section 589.07, Florida Statutes, is amended
811	to read:
812	589.07 Florida Forest Service  Division may acquire lands
813	for forest purposes.-The Florida Forest Service Division of
814	Forestry, on behalf of the state and subject to the restrictions
815	mentioned in s. 589.08, may acquire lands, suitable for state
816	forest purposes, by gift, donation, contribution, purchase, or
817	otherwise and may enter into agreements with the Federal
818	Government, or other agency, for acquiring by gift, purchase, or
819	otherwise, such lands as are, in the judgment of the Florida
820	Forest Service division, suitable and desirable for state
821	forests. The acquisition procedures for state lands provided in
822	s. 259.041 do not apply to acquisition of land by the Florida
823	Forest Service Division of Forestry.
824	Section 29.  Section 589.071, Florida Statutes, is amended
825	to read:
826	589.071  Traffic control within state forest or Florida
827	Forest Service-assigned division-assigned lands.-The Florida
828	Forest Service Division of Forestry on behalf of the state may
829	adopt rules to control ingress, egress, and all other movement
830	of motor vehicles, bicycles, horses, and pedestrians, as well as
831	all other types of traffic, within a state forest or any lands
832	leased by or otherwise assigned to the Florida Forest Service
833	division for management purposes, outside of the designated
834	right-of-way of state or county-maintained roads, and may
835	designate special areas off the roadways for the operation of
836	recreational type vehicles which need not be licensed or
837	operated by licensed drivers. Any person violating or otherwise
838	failing to comply with any of the provisions of this section or
839	rules adopted pursuant hereto is guilty of a noncriminal
840	violation as defined in s. 775.08(3), punishable only by fine
841	not to exceed $500. Jurisdiction shall be with the appropriate
842	county court.
843	Section 30.  Section 589.08, Florida Statutes, is amended
844	to read:
845	589.08  Land acquisition restrictions.-
846	(1)  The Florida Forest Service Division of Forestry shall
847	enter into no agreement for the acquisition, lease, or purchase
848	of any land or for any other purpose whatsoever which shall
849	pledge the credit of, or obligate in any manner whatsoever, the
850	state to pay any sum of money or other thing of value for such
851	purpose, and the Florida Forest Service said division shall not
852	in any manner or for any purpose pledge the credit of or
853	obligate the state to pay any sum of money.
854	(2)  The Florida Forest Service division may receive, hold
855	the custody of, and exercise the control of any lands, and set
856	aside into a separate, distinct and inviolable fund, any
857	proceeds derived from the sales of the products of such lands,
858	the use thereof in any manner, or the sale of such lands save
859	the 25 percent of the proceeds to be paid into the State School
860	Fund as provided by law. The Florida Forest Service division may
861	use and apply such funds for the acquisition, use, custody,
862	management, development, or improvement of any lands vested in
863	or subject to the control of the Florida Forest Service
864	division. After full payment has been made for the purchase of a
865	state forest to the Federal Government or other grantor, 15
866	percent of the gross receipts from a state forest shall be paid
867	to the fiscally constrained county or counties, as described in
868	s. 218.67(1), in which it is located in proportion to the
869	acreage located in each county for use by the county or counties
870	for school purposes.
871	Section 31.  Section 589.081, Florida Statutes, is amended
872	to read:
873	589.081  Withlacoochee State Forest and Goethe State
874	Forest; payment of portion of gross receipts.-The Florida Forest
875	Service Division of Forestry shall pay 15 percent of the gross
876	receipts from Withlacoochee State Forest and the Goethe State
877	Forest to each fiscally constrained county, as described in s.
878	218.67(1), in which a portion of the respective forest is
879	located in proportion to the forest acreage located in such
880	county. The funds must be equally divided between the board of
881	county commissioners and the school board of each fiscally
882	constrained county.
883	Section 32.  Section 589.09, Florida Statutes, is amended
884	to read:
885	589.09  Use of lands acquired.-All lands acquired by the
886	Florida Forest Service Division of Forestry on behalf of the
887	state shall be in the custody of and subject to the
888	jurisdiction, management, and control of the Florida Forest
889	Service said division, and, for such purposes and the
890	utilization and development of such land, the Florida Forest
891	Service said division may use the proceeds of the sale of any
892	products therefrom, the proceeds of the sale of any such lands,
893	save the 25 percent of such proceeds which shall be paid into
894	the State School Fund as required by s. 1010.71(1), and such
895	other funds as may be appropriated for use by the Florida Forest
896	Service division, and in the opinion of the Florida Forest
897	Service such division, available for such uses and purposes.
898	Section 33.  Section 589.10, Florida Statutes, is amended
899	to read:
900	589.10  Disposition of lands.-The Florida Forest Service
901	Division of Forestry, with the concurrence of the Board of
902	Trustees of the Internal Improvement Trust Fund and the
903	Governor, may sell, exchange, lease, or otherwise dispose of any
904	lands under its jurisdiction by the provisions of this chapter
905	when in its judgment it is advantageous to the state to do so in
906	the interest of the highest orderly development, improvement,
907	and management of the state forests and state parks. All such
908	sales, exchanges, leases, or dispositions of such lands, shall
909	be at least upon a 30-day public notice, to be given in the
910	manner deemed reasonable by the Florida Forest Service division.
911	Section 34.  Section 589.101, Florida Statutes, is amended
912	to read:
913	589.101  Blackwater River State Forest; lease of board's
914	interest in gas, oil, and other minerals.-Notwithstanding the
915	provisions of ss. 253.51-253.61, the Florida Forest Service
916	Division of Forestry is hereby expressly granted the authority
917	to lease its 25-percent interest in oil, gas, and other minerals
918	within the boundaries of the Blackwater River State Forest;
919	provided, however, that grants shall be made only to the lessee
920	or lessees holding the 75-percent interest in said minerals
921	retained by the United States in its conveyance to this state.
922	The concurrence of the Board of Trustees of the Internal
923	Improvement Trust Fund required by s. 589.10 shall not be
924	necessary under the provisions of this section.
925	Section 35.  Section 589.11, Florida Statutes, is amended
926	to read:
927	589.11  Duties of Florida Forest Service division as to
928	Clarke-McNary Law.-
929	(1)  The Florida Forest Service Division of Forestry is
930	designated and authorized as the agent of the state to cooperate
931	with the United States Secretary of Agriculture under the
932	provisions of "ss. 4 and 5, Chapter 348, 43 Statutes 654, Acts
933	of Congress, June 7, 1924, known as the Clarke-McNary Law," to
934	assist owners of farms in establishing, improving, and renewing
935	woodlots, shelterbelts, windbreaks, and other valuable forest
936	growth; in growing and renewing useful timber crops; and to
937	cooperate with the wood-using industries or other agencies,
938	governmental or otherwise, interested in proper land use, forest
939	management, and conservative forest utilization.
940	(2)  As a means of providing seedling trees for the
941	purposes of this section, the Florida Forest Service division is
942	authorized to operate a seedling tree nursery program and to set
943	reasonable prices for the sale to the public of seedling trees.
944	Receipts from the sale of seedling trees shall be deposited into
945	the Incidental Trust Fund of the Florida Forest Service
946	division.
947	Section 36.  Section 589.12, Florida Statutes, is amended
948	to read:
949	589.12  Rules and regulations.-The Florida Forest Service
950	Division of Forestry may make rules and regulations and do such
951	acts and things as shall be reasonable and necessary to
952	accomplish the purposes of ss. 589.07-589.11.
953	Section 37.  Section 589.13, Florida Statutes, is amended
954	to read:
955	589.13  Lien of Florida Forest Service division and other
956	parties, for forestry work, etc.-Liens prior in dignity to all
957	others accruing thereafter shall exist in favor of the following
958	persons, boards, firms, or corporations upon the following
959	described real estate, under the circumstances hereinafter
960	mentioned:
961	(1)  The Florida Forest Service Division of Forestry, the
962	United States Government, or other governmental authority, upon
963	all lands covered in any cooperative or other agreement entered
964	into between the landowner and the Florida Forest Service
965	division (which term shall embrace and include agreements with
966	the Florida Forest Service Division of Forestry);
967	(2)  The United States Government or other governmental
968	authority, for the prevention and control of woods fires and
969	other forestry work to the extent of the amounts expended by the
970	Florida Forest Service such division, service, or other
971	governmental authority for and on behalf of the landowner and
972	not paid by the landowner under the terms of said agreement.
973	Section 38.  Section 589.14, Florida Statutes, is amended
974	to read:
975	589.14  Enforcement of lien; notice.-The Florida Forest
976	Service Division of Forestry, United States Government, or other
977	governmental authority shall be entitled to subject said real
978	estate in equity for the value of such expenditures made by it
979	in pursuance of any such agreement, and may, at any time after
980	the expenditure thereof and after default in payment thereof by
981	the landowner in accordance with the terms of such agreement,
982	file in the office of the clerk of the circuit court of the
983	county in which the property is located, and have recorded in
984	the record of liens kept by such clerk, a notice of the
985	expenditures made in pursuance of such agreement and of default
986	of the landowner in the payment of same in accordance with the
987	terms thereof (the form of notice being provided in s. 589.15),
988	and from the date of the filing of such notice the rights of
989	purchasers or creditors of such landowner shall be subject and
990	subordinate to the claim set out in the notice.
991	Section 39.  Section 589.15, Florida Statutes, is amended
992	to read:
993	589.15  Form of notice.-The said notice shall be
994	substantially as follows: It shall be in writing and shall be
995	sworn to by the duly authorized agent of the Florida Forest
996	Service such division or governmental authority filing same. It
997	shall state the name of the owner of said property, the nature
998	and character of the labor or services performed or to be
999	performed, an itemized statement of the expenditures made in
1000	pursuance of said agreement and the value thereof, and shall
1001	also contain a description of the property covered by the said
1002	agreement and to which said services and expenditures are
1003	applicable.
1004	Section 40.  Section 589.16, Florida Statutes, is amended
1005	to read:
1006	589.16  Time for filing notice of lien.-The notice of lien
1007	may be filed prior to the filing of a complaint brought to
1008	enforce said lien; provided that nothing herein contained shall
1009	prevent the filing of such notice at any time after the contract
1010	or agreement has been entered into and default made by the
1011	landowner in payment of any amount due under the contract or
1012	agreement; and suit in equity to enforce the rights of the
1013	Florida Forest Service division or governmental authority as
1014	provided in this chapter must be brought within 12 months from
1015	the filing of said notice of lien.
1016	Section 41.  Section 589.18, Florida Statutes, is amended
1017	to read:
1018	589.18  Florida Forest Service Division to make certain
1019	investigations.-The Florida Forest Service Division of Forestry
1020	shall conduct investigations and make surveys to determine the
1021	areas of land in the state which are available and suitable for
1022	reforestation projects and state forests, and may recommend to
1023	the Board of Trustees of the Internal Improvement Trust Fund,
1024	any state agency, or any agency created by state law which is
1025	authorized to accept lands in the name of the state, concerning
1026	their acquisition. The Florida Forest Service division shall be
1027	considered as a state agency under this law.
1028	Section 42.  Subsections (1) and (3) and paragraphs (a),
1029	(b), (c), and (e) of subsection (4) of section 589.19, Florida
1030	Statutes, are amended to read:
1031	589.19  Creation of certain state forests; naming of
1032	certain state forests.-
1033	(1)  When the Board of Trustees of the Internal Improvement
1034	Trust Fund, any state agency, or any agency created by state
1035	law, authorized to accept reforestation lands in the name of the
1036	state, approves the recommendations of the Florida Forest
1037	Service Division of Forestry in reference to the acquisition of
1038	land and acquire such land, the said board, state agency, or
1039	agency created by state law, may formally designate and dedicate
1040	any area as a reforestation project, or state forest, and where
1041	so designated and dedicated such area shall be under the
1042	administration of the Florida Forest Service division which
1043	shall be authorized to manage and administer said area according
1044	to the purpose for which it was designated and dedicated.
1045	(3)  The state forest managed by the Florida Forest Service
1046	Division of Forestry in Seminole County is to be named the
1047	Charles H. Bronson State Forest to honor Charles H. Bronson, the
1048	tenth Commissioner of Agriculture, for his distinguished
1049	contribution to this state's agriculture and natural resources.
1050	(4)(a)  The Florida Forest Service Division of Forestry
1051	shall designate one or more areas of state forests as a "Wounded
1052	Warrior Special Hunt Area" to honor wounded veterans and
1053	servicemembers. The purpose of such designated areas is to
1054	provide special outdoor recreational opportunities for eligible
1055	veterans and servicemembers.
1056	(b)  The Florida Forest Service division shall limit guest
1057	admittance to such designated areas to any person who:
1058	1.  Is an active duty member of any branch of the United
1059	States Armed Forces and has a combat-related injury as
1060	determined by his or her branch of the United States Armed
1061	Forces; or
1062	2.  Is a veteran who served during a period of wartime
1063	service as defined in s. 1.01(14) or peacetime service as
1064	defined in s. 296.02 and:
1065	a.  Has a service-connected disability as determined by the
1066	United States Department of Veterans Affairs; or
1067	b.  Was discharged or released from military service
1068	because of a disability acquired or aggravated while serving on
1069	active duty.
1070	(c)  The Florida Forest Service division may grant
1071	admittance to such designated areas to a person who is not an
1072	eligible veteran or servicemember for purposes of accompanying
1073	an eligible veteran or servicemember who requires the person's
1074	assistance to use such designated areas.
1075	(e)  The Florida Forest Service division may adopt rules to
1076	administer this subsection.
1077	Section 43.  Section 589.20, Florida Statutes, is amended
1078	to read:
1079	589.20  Cooperation by Florida Forest Service division.-The
1080	Florida Forest Service Division of Forestry may cooperate with
1081	other state agencies, who are custodians of lands which are
1082	suitable for forestry purposes, in the designation and
1083	dedication of such lands for forestry purposes when in the
1084	opinion of the state agencies concerned such lands are suitable
1085	for these purposes and can be so administered. Upon the
1086	designation and dedication of said lands for these purposes by
1087	the agencies concerned, said lands shall be administered by the
1088	Florida Forest Service division.
1089	Section 44.  Section 589.21, Florida Statutes, is amended
1090	to read:
1091	589.21  Management to be for public interest.-All state
1092	forests and reforestation projects mentioned in this chapter
1093	shall be managed and administered by the Florida Forest Service
1094	Division of Forestry in the interests of the public. If the
1095	public interests are not already safeguarded and clearly defined
1096	by law or by regulations adopted by the state agencies
1097	authorized by law to administer such lands, or in the papers
1098	formally transferring said projects to the Florida Forest
1099	Service division for administration, then, and in that event,
1100	the Florida Forest Service division may define the purpose of
1101	said project. Such definition of purposes shall be construed to
1102	have the authority of law.
1103	Section 45.  Section 589.26, Florida Statutes, is amended
1104	to read:
1105	589.26  Dedication of state park lands for public use.-The
1106	Florida Forest Service Division of Forestry is authorized and
1107	empowered, from time to time, to dedicate and reserve for the
1108	use of the public all or any part of the lands heretofore or
1109	hereafter acquired by the Florida Forest Service said Division
1110	of Forestry for park purposes; provided, however, that said
1111	dedication and reservation shall be subject to such rules and
1112	regulations, as to reasonable use by the public, as may be
1113	adopted by the Division of Recreation and Parks of the
1114	Department of Environmental Protection.
1115	Section 46.  Section 589.27, Florida Statutes, is amended
1116	to read:
1117	589.27  Power of eminent domain; procedure.-Whenever the
1118	Florida Forest Service Division of Forestry shall find it
1119	necessary to acquire private property for state forests or
1120	rights-of-way for state forest roads, or for exercising any of
1121	the powers and duties authorized and prescribed by law to be
1122	exercised and performed by the Florida Forest Service Division
1123	of Forestry, the Florida Forest Service Division of Forestry is
1124	hereby empowered and authorized to exercise the right of eminent
1125	domain and to proceed to condemn said property in the same
1126	manner as provided by law for the condemnation of private
1127	property by counties.
1128	Section 47.  Section 589.275, Florida Statutes, is amended
1129	to read:
1130	589.275  Planting of indigenous trees on state lands.-It is
1131	the intent of the Legislature to partially restore the character
1132	of the original domain of Florida by planting native trees on
1133	state lands, and to this end all state lands shall have a
1134	portion of such lands designated for indigenous trees, to be
1135	established and maintained by the using agency with the
1136	assistance of the Florida Forest Service Division of Forestry of
1137	the Department of Agriculture and Consumer Services. If the
1138	Florida Forest Service division, or primary managing agency,
1139	determines that any state lands are unsuitable for this purpose,
1140	such lands shall be exempt from this requirement.
1141	Section 48.  Subsections (1), (3), and (5) of section
1142	589.277, Florida Statutes, are amended to read:
1143	589.277  Tree planting programs.-
1144	(1)  The Florida Forest Service Division of Forestry of the
1145	Florida Department of Agriculture and Consumer Services shall
1146	administer federal, state, and privately sponsored tree planting
1147	programs designed to assist private rural landowners and urban
1148	communities.
1149	(3)  The Florida Forest Service Division of Forestry is
1150	authorized and directed to develop and implement guidelines and
1151	procedures under which the financial resources of the fund
1152	allocated for tree planting programs may be utilized for urban
1153	and rural reforestation.
1154	(5)  The Florida Forest Service Division of Forestry shall
1155	assist the Department of Education in developing programs that
1156	teach the importance of trees in the urban, rural, and global
1157	environment.
1158	Section 49.  Section 589.28, Florida Statutes, is amended
1159	to read:
1160	589.28  County commissions or municipalities authorized to
1161	cooperate with Florida Forest Service Division of Forestry.-
1162	County commissions or municipalities are authorized to cooperate
1163	with the Florida Forest Service Division of Forestry of the
1164	Department of Agriculture and Consumer Services in providing
1165	assistance in forestry and forest-related knowledge and skills
1166	to stimulate the production of timber wealth through the proper
1167	use of forest land and to protect and improve the beauty of
1168	urban and suburban areas by helping to create in them an
1169	attractive and healthy environment through the proper use of
1170	trees and related plant associations. County commissions or
1171	municipalities are hereby authorized to appropriate funds and
1172	enter into cooperative agreements with the Florida Forest
1173	Service Division of Forestry under the terms and conditions set
1174	forth in ss.      589.28-589.34.
1175	Section 50.  Section 589.29, Florida Statutes, is amended
1176	to read:
1177	589.29  Quality of assistance.-Any advice and assistance
1178	provided under ss. 589.28-589.34 shall be the responsibility of
1179	the State Forester and the Florida Forest Service Division of
1180	Forestry and shall be conducted under the supervision of a
1181	professional forester in an efficient and competent manner by
1182	personnel who have the required education, training and
1183	experience to accomplish the objectives of these sections.
1184	Section 51.  Section 589.30, Florida Statutes, is amended
1185	to read:
1186	589.30  Duty of district forester.-It shall be the duty of
1187	the district forester to direct all work in accordance with the
1188	law and regulations of the Florida Forest Service Division of
1189	Forestry; gather and disseminate information in the management
1190	of commercial timber, including establishment, protection and
1191	utilization; and assist in the development and use of forest
1192	lands for outdoor recreation, watershed protection, and wildlife
1193	habitat. The district forester or his or her representative
1194	shall provide encouragement and technical assistance to
1195	individuals and urban and county officials in the planning,
1196	establishment, and management of trees and plant associations to
1197	enhance the beauty of the urban and suburban environment and
1198	meet outdoor recreational needs.
1199	Section 52.  Section 589.31, Florida Statutes, is amended
1200	to read:
1201	589.31  Cooperative agreement.-Before any assistance is
1202	provided under this law, the county or municipality and the
1203	Florida Forest Service Division of Forestry, through their duly
1204	constituted representatives, shall enter into a mutually
1205	satisfactory cooperative agreement covering the specific duties,
1206	and set up a budget for any fiscal period beginning July 1 and
1207	ending June 30, and the county's or municipality's share of the
1208	budget provided shall be turned over to the Florida Forest
1209	Service Division of Forestry, one-half on or before July 1, and
1210	the remainder on or before January 1, and placed in the
1211	Incidental Trust Fund of the Florida Forest Service Division of
1212	Forestry.
1213	Section 53.  Section 589.32, Florida Statutes, is amended
1214	to read:
1215	589.32  Cost of providing county forestry assistance.-The
1216	cost of county forestry assistance provided under the provisions
1217	of ss. 589.28-589.34 shall be jointly determined and paid by the
1218	Florida Forest Service Division of Forestry and the county
1219	commission or municipality and shall be not less than 40 percent
1220	of the cost of the equivalent of 1 person-year of assistance.
1221	However, the county or municipality share shall not exceed the
1222	sum of $3,000 per annum for each person-year of assistance
1223	provided.
1224	Section 54.  Section 589.33, Florida Statutes, is amended
1225	to read:
1226	589.33  Expenditure of budgeted funds.-Any money budgeted
1227	for a fiscal period shall be expended by the Florida Forest
1228	Service Division of Forestry during the period for which it was
1229	budgeted and amounts not expended or specifically obligated by
1230	contract or other legal procedure during that period shall be
1231	available for the next fiscal period or shall be returned to the
1232	Florida Forest Service Division of Forestry and the county or
1233	municipality in the same proportions as appropriated. However,
1234	when 40 percent of the cost of 1 person-year of assistance
1235	equals or exceeds $3,000, then in that event all budget balance
1236	will revert to the Florida Forest Service Division of Forestry.
1237	Section 55.  Section 589.34, Florida Statutes, is amended
1238	to read:
1239	589.34  Revocation of agreement.-Any agreement or revision
1240	thereof entered into by the Florida Forest Service Division of
1241	Forestry and a county or municipality under the provisions of
1242	this law shall continue from year to year, unless written notice
1243	is given to the other party 30 days prior to July 1 of any year
1244	of the intention to discontinue the work and cancel the
1245	agreement.
1246	Section 56.  Section 590.01, Florida Statutes, is amended
1247	to read:
1248	590.01  Wildfire protection.-The Florida Forest Service
1249	division has the primary responsibility for prevention,
1250	detection, and suppression of wildfires wherever they may occur.
1251	The Florida Forest Service division shall provide leadership and
1252	direction in the evaluation, coordination, allocation of
1253	resources, and monitoring of wildfire management and protection.
1254	The Florida Forest Service division shall promote natural
1255	resource management and fuel reduction through the use of
1256	prescribed fire and other fuel reduction measures.
1257	Section 57.  Subsection (2) of section 590.015, Florida
1258	Statutes, is amended to read:
1259	590.015  Definitions.-As used in this chapter, the term:
1260	(2)  "Division" means the Florida Forest Service.
1261	Section 58.  Section 590.02, Florida Statutes, is amended
1262	to read:
1263	590.02 Florida Forest Service  Division powers, authority,
1264	and duties; liability; building structures; Florida Center for
1265	Wildfire and Forest Resources Management Training.-
1266	(1)  The Florida Forest Service division has the following
1267	powers, authority, and duties:
1268	(a)  To enforce the provisions of this chapter;
1269	(b)  To prevent, detect, suppress, and extinguish wildfires
1270	wherever they may occur on public or private land in this state
1271	and to do all things necessary in the exercise of such powers,
1272	authority, and duties;
1273	(c)  To provide firefighting crews, who shall be under the
1274	control and direction of the Florida Forest Service division and
1275	its designated agents;
1276	(d)  To appoint center managers, forest area supervisors,
1277	forestry program administrators, a forest protection bureau
1278	chief, a forest protection assistant bureau chief, a field
1279	operations bureau chief, deputy chiefs of field operations,
1280	district managers, forest operations administrators, senior
1281	forest rangers, investigators, forest rangers, firefighter
1282	rotorcraft pilots, and other employees who may, at the
1283	division's discretion of the Florida Forest Service, be
1284	certified as forestry firefighters pursuant to s. 633.35(4).
1285	Other provisions of law notwithstanding, center managers,
1286	district managers, forest protection assistant bureau chief, and
1287	deputy chiefs of field operations shall have Selected Exempt
1288	Service status in the state personnel designation;
1289	(e)  To develop a training curriculum for forestry
1290	firefighters which must contain the basic volunteer structural
1291	fire training course approved by the Florida State Fire College
1292	of the Division of State Fire Marshal and a minimum of 250 hours
1293	of wildfire training;
1294	(f)  To make rules to accomplish the purposes of this
1295	chapter;
1296	(g)  To provide fire management services and emergency
1297	response assistance and to set and charge reasonable fees for
1298	performance of those services. Moneys collected from such fees
1299	shall be deposited into the Incidental Trust Fund of the Florida
1300	Forest Service division; and
1301	(h)  To require all state, regional, and local government
1302	agencies operating aircraft in the vicinity of an ongoing
1303	wildfire to operate in compliance with the applicable state
1304	Wildfire Aviation Plan.
1305	(2)  Florida Forest Service Division employees, and the
1306	firefighting crews under their control and direction, may enter
1307	upon any lands for the purpose of preventing and suppressing
1308	wildfires and investigating smoke complaints or open burning not
1309	in compliance with authorization and to enforce the provisions
1310	of this chapter.
1311	(3)  Employees of the Florida Forest Service division and
1312	of federal, state, and local agencies, and all other persons and
1313	entities that are under contract or agreement with the Florida
1314	Forest Service division to assist in firefighting operations as
1315	well as those entities, called upon by the Florida Forest
1316	Service division to assist in firefighting may, in the
1317	performance of their duties, set counterfires, remove fences and
1318	other obstacles, dig trenches, cut firelines, use water from
1319	public and private sources, and carry on all other customary
1320	activities in the fighting of wildfires without incurring
1321	liability to any person or entity.
1322	(4)(a)  The department may build structures,
1323	notwithstanding chapters 216 and 255, not to exceed a cost of
1324	$50,000 per structure from existing resources on forest lands,
1325	federal excess property, and unneeded existing structures. These
1326	structures must meet all applicable building codes.
1327	(b)  Notwithstanding s. 553.80(1), the department shall
1328	exclusively enforce the Florida Building Code as it pertains to
1329	wildfire and law enforcement facilities under the jurisdiction
1330	of the department.
1331	(5)  The Florida Forest Service division shall organize its
1332	operational units to most effectively prevent, detect, and
1333	suppress wildfires, and to that end, may employ the necessary
1334	personnel to manage its activities in each unit. The Florida
1335	Forest Service division may construct lookout towers, roads,
1336	bridges, firelines, and other facilities and may purchase or
1337	fabricate tools, supplies, and equipment for firefighting. The
1338	Florida Forest Service division may reimburse the public and
1339	private entities that it engages to assist in the suppression of
1340	wildfires for their personnel and equipment, including aircraft.
1341	(6)  The Florida Forest Service division shall undertake
1342	privatization alternatives for fire prevention activities
1343	including constructing fire lines and conducting prescribed
1344	burns and, where appropriate, entering into agreements or
1345	contracts with the private sector to perform such activities.
1346	(7)  The Florida Forest Service division may organize,
1347	staff, equip, and operate the Florida Center for Wildfire and
1348	Forest Resources Management Training. The center shall serve as
1349	a site where fire and forest resource managers can obtain
1350	current knowledge, techniques, skills, and theory as they relate
1351	to their respective disciplines.
1352	(a)  The center may establish cooperative efforts involving
1353	federal, state, and local entities; hire appropriate personnel;
1354	and engage others by contract or agreement with or without
1355	compensation to assist in carrying out the training and
1356	operations of the center.
1357	(b)  The center shall provide wildfire suppression training
1358	opportunities for rural fire departments, volunteer fire
1359	departments, and other local fire response units.
1360	(c)  The center will focus on curriculum related to, but
1361	not limited to, fuel reduction, an incident management system,
1362	prescribed burning certification, multiple-use land management,
1363	water quality, forest health, environmental education, and
1364	wildfire suppression training for structural firefighters.
1365	(d)  The center may assess appropriate fees for food,
1366	lodging, travel, course materials, and supplies in order to meet
1367	its operational costs and may grant free meals, room, and
1368	scholarships to persons and other entities in exchange for
1369	instructional assistance.
1370	(e)  An advisory committee consisting of the following
1371	individuals or their designees must review program curriculum,
1372	course content, and scheduling: the Director of the Florida
1373	Forest Service Division of Forestry; the Assistant Director of
1374	the Florida Forest Service Division of Forestry; the Director of
1375	the School of Forest Resources and Conservation of the
1376	University of Florida; the Director of the Division of
1377	Recreation and Parks of the Department of Environmental
1378	Protection; the Director of the Division of the State Fire
1379	Marshal; the Director of the Florida Chapter of The Nature
1380	Conservancy; the Executive Vice President of the Florida
1381	Forestry Association; the President of the Florida Farm Bureau
1382	Federation; the Executive Director of the Fish and Wildlife
1383	Conservation Commission; the Executive Director of a Water
1384	Management District as appointed by the Commissioner of
1385	Agriculture; the Supervisor of the National Forests in Florida;
1386	the President of the Florida Fire Chief's Association; and the
1387	Executive Director of the Tall Timbers Research Station.
1388	(8)  The Cross City Work Center shall be named the L. Earl
1389	Peterson Forestry Station. This is to honor Mr. L. Earl
1390	Peterson, Florida's sixth state forester, whose distinguished
1391	career in state government has spanned 44 years, and who is a
1392	native of Dixie County.
1393	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
1394	department may retain, transfer, warehouse, bid, destroy, scrap,
1395	or otherwise dispose of surplus equipment and vehicles that are
1396	used for wildland firefighting.
1397	(b)  All money received from the disposition of state-owned
1398	equipment and vehicles that are used for wildland firefighting
1399	shall be retained by the department. Money received pursuant to
1400	this section is appropriated for and may be disbursed for the
1401	acquisition of exchange and surplus equipment used for wildland
1402	firefighting, and for all necessary operating expenditures
1403	related to such equipment, in the same fiscal year and the
1404	fiscal year following the disposition. The department shall
1405	maintain records of the accounts into which the money is
1406	deposited.
1407	(10)(a)  The Florida Forest Service division has exclusive
1408	authority to require and issue authorizations for broadcast
1409	burning and agricultural and silvicultural pile burning. An
1410	agency, commission, department, county, municipality, or other
1411	political subdivision of the state may not adopt laws,
1412	regulations, rules, or policies pertaining to broadcast burning
1413	or agricultural and silvicultural pile burning unless an
1414	emergency order is declared in accordance with s. 252.38(3).
1415	(b)  The Florida Forest Service division may delegate to a
1416	county or municipality its authority, as delegated by the
1417	Department of Environmental Protection pursuant to ss.
1418	403.061(28) and 403.081, to require and issue authorizations for
1419	the burning of yard trash and debris from land clearing
1420	operations in accordance with s. 590.125(6).
1421	Section 59.  Subsection (3) of section 590.081, Florida
1422	Statutes, is amended to read:
1423	590.081  Severe drought conditions; burning prohibited.-
1424	(3)  It is unlawful for any person to set fire to, or cause
1425	fire to be set to, any wild lands or to build a campfire or
1426	bonfire or to burn trash or other debris within the designated
1427	area of a severe drought emergency unless a written permit is
1428	obtained from the Florida Forest Service division or its
1429	designated agent.
1430	Section 60.  Section 590.091, Florida Statutes, is amended
1431	to read:
1432	590.091  Designation of railroad rights-of-way as wildfire
1433	hazard areas.-
1434	(1)  The Florida Forest Service division may annually
1435	designate, on or before October 1, those railroad rights-of-way
1436	in this state which are known wildfire hazard areas.
1437	(2)  It shall be the duty of all railroad companies
1438	operating in this state to maintain their rights-of-way
1439	designated as provided in subsection (1), as known wildfire
1440	hazard areas, in an approved condition as shall be prescribed by
1441	rule of the Florida Forest Service division and to provide
1442	adequate firebreaks where needed, so as to prevent fire from
1443	igniting or spreading from rights-of-way to adjacent property.
1444	Section 61.  Section 590.125, Florida Statutes, is amended
1445	to read:
1446	590.125  Open burning authorized by the Florida Forest
1447	Service division.-
1448	(1)  DEFINITIONS.-As used in this section, the term:
1449	(a)  "Certified pile burner" means an individual who
1450	successfully completes the division's pile burning certification
1451	program of the Florida Forest Service and possesses a valid pile
1452	burner certification number.
1453	(b)  "Certified prescribed burn manager" means an
1454	individual who successfully completes the certified prescribed
1455	burning program of the Florida Forest Service division and
1456	possesses a valid certification number.
1457	(c)  "Extinguished" means that for:
1458	1.  Wildland burning or certified prescribed burning, no
1459	spreading flames exist.
1460	2.  Vegetative land-clearing debris burning or pile
1461	burning, no visible flames exist.
1462	3.  Vegetative land-clearing debris burning or pile burning
1463	in an area designated as smoke sensitive by the Florida Forest
1464	Service division, no visible flames, smoke, or emissions exist.
1465	(d)  "Land-clearing operation" means the uprooting or
1466	clearing of vegetation in connection with the construction of
1467	buildings and rights-of-way, land development, and mineral
1468	operations. The term does not include the clearing of yard
1469	trash.
1470	(e)  "Pile burning" means the burning of silvicultural,
1471	agricultural, or land-clearing and tree-cutting debris
1472	originating onsite, which is stacked together in a round or
1473	linear fashion, including, but not limited to, a windrow.
1474	(f)  "Prescribed burning" means the controlled application
1475	of fire by broadcast burning in accordance with a written
1476	prescription for vegetative fuels under specified environmental
1477	conditions, while following appropriate precautionary measures
1478	that ensure that the fire is confined to a predetermined area to
1479	accomplish the planned fire or land management objectives.
1480	(g)  "Prescription" means a written plan establishing the
1481	criteria necessary for starting, controlling, and extinguishing
1482	a prescribed burn.
1483	(h)  "Yard trash" means vegetative matter resulting from
1484	landscaping and yard maintenance operations and other such
1485	routine property cleanup activities. The term includes materials
1486	such as leaves, shrub trimmings, grass clippings, brush, and
1487	palm fronds.
1488	(2)  NONCERTIFIED BURNING.-
1489	(a)  Persons may be authorized to burn wild land or
1490	vegetative land-clearing debris in accordance with this
1491	subsection if:
1492	1.  There is specific consent of the landowner or his or
1493	her designee;
1494	2.  Authorization has been obtained from the Florida Forest
1495	Service division or its designated agent before starting the
1496	burn;
1497	3.  There are adequate firebreaks at the burn site and
1498	sufficient personnel and firefighting equipment for the control
1499	of the fire;
1500	4.  The fire remains within the boundary of the authorized
1501	area;
1502	5.  An authorized person is present at the burn site until
1503	the fire is extinguished;
1504	6.  The Florida Forest Service division does not cancel the
1505	authorization; and
1506	7.  The Florida Forest Service division determines that air
1507	quality and fire danger are favorable for safe burning.
1508	(b)  A person who burns wild land or vegetative land-
1509	clearing debris in a manner that violates any requirement of
1510	this subsection commits a misdemeanor of the second degree,
1511	punishable as provided in s. 775.082 or s. 775.083.
1512	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1513	PURPOSE.-
1514	(a)  The application of prescribed burning is a land
1515	management tool that benefits the safety of the public, the
1516	environment, and the economy of the state. The Legislature finds
1517	that:
1518	1.  Prescribed burning reduces vegetative fuels within wild
1519	land areas. Reduction of the fuel load reduces the risk and
1520	severity of wildfire, thereby reducing the threat of loss of
1521	life and property, particularly in urban areas.
1522	2.  Most of Florida's natural communities require periodic
1523	fire for maintenance of their ecological integrity. Prescribed
1524	burning is essential to the perpetuation, restoration, and
1525	management of many plant and animal communities. Significant
1526	loss of the state's biological diversity will occur if fire is
1527	excluded from fire-dependent systems.
1528	3.  Forestland and rangeland constitute significant
1529	economic, biological, and aesthetic resources of statewide
1530	importance. Prescribed burning on forestland prepares sites for
1531	reforestation, removes undesirable competing vegetation,
1532	expedites nutrient cycling, and controls or eliminates certain
1533	forest pathogens. On rangeland, prescribed burning improves the
1534	quality and quantity of herbaceous vegetation necessary for
1535	livestock production.
1536	4.  The state purchased hundreds of thousands of acres of
1537	land for parks, preserves, wildlife management areas, forests,
1538	and other public purposes. The use of prescribed burning for
1539	management of public lands is essential to maintain the specific
1540	resource values for which these lands were acquired.
1541	5.  A public education program is necessary to make
1542	citizens and visitors aware of the public safety, resource, and
1543	economic benefits of prescribed burning.
1544	6.  Proper training in the use of prescribed burning is
1545	necessary to ensure maximum benefits and protection for the
1546	public.
1547	7.  As Florida's population continues to grow, pressures
1548	from liability issues and nuisance complaints inhibit the use of
1549	prescribed burning. Therefore, the Florida Forest Service
1550	division is urged to maximize the opportunities for prescribed
1551	burning conducted during its daytime and nighttime authorization
1552	process.
1553	(b)  Certified prescribed burning pertains only to
1554	broadcast burning for purposes of silviculture, wildland fire
1555	hazard reduction, wildlife management, ecological maintenance
1556	and restoration, and range and pasture management. It must be
1557	conducted in accordance with this subsection and:
1558	1.  May be accomplished only when a certified prescribed
1559	burn manager is present on site with a copy of the prescription
1560	from ignition of the burn to its completion.
1561	2.  Requires that a written prescription be prepared before
1562	receiving authorization to burn from the Florida Forest Service
1563	division.
1564	3.  Requires that the specific consent of the landowner or
1565	his or her designee be obtained before requesting an
1566	authorization.
1567	4.  Requires that an authorization to burn be obtained from
1568	the Florida Forest Service division before igniting the burn.
1569	5.  Requires that there be adequate firebreaks at the burn
1570	site and sufficient personnel and firefighting equipment for the
1571	control of the fire.
1572	6.  Is considered to be in the public interest and does not
1573	constitute a public or private nuisance when conducted under
1574	applicable state air pollution statutes and rules.
1575	7.  Is considered to be a property right of the property
1576	owner if vegetative fuels are burned as required in this
1577	subsection.
1578	(c)  Neither a property owner nor his or her agent is
1579	liable pursuant to s. 590.13 for damage or injury caused by the
1580	fire or resulting smoke or considered to be in violation of
1581	subsection (2) for burns conducted in accordance with this
1582	subsection unless gross negligence is proven.
1583	(d)  Any certified burner who violates this section commits
1584	a misdemeanor of the second degree, punishable as provided in s.
1585	775.082 or s. 775.083.
1586	(e)  The Florida Forest Service division shall adopt rules
1587	for the use of prescribed burning and for certifying and
1588	decertifying certified prescribed burn managers based on their
1589	past experience, training, and record of compliance with this
1590	section.
1591	(4)  CERTIFIED PILE BURNING.-
1592	(a)  Certified pile burning pertains to the disposal of
1593	piled, naturally occurring debris from an agricultural,
1594	silvicultural, or temporary land-clearing operation. A land-
1595	clearing operation is temporary if it operates for 6 months or
1596	less. Certified pile burning must be conducted in accordance
1597	with the following:
1598	1.  A certified pile burner must ensure, before ignition,
1599	that the piles are properly placed and that the content of the
1600	piles is conducive to efficient burning.
1601	2.  A certified pile burner must ensure that the piles are
1602	properly extinguished no later than 1 hour after sunset. If the
1603	burn is conducted in an area designated by the Florida Forest
1604	Service division as smoke sensitive, a certified pile burner
1605	must ensure that the piles are properly extinguished at least 1
1606	hour before sunset.
1607	3.  A written pile burning plan must be prepared before
1608	receiving authorization from the Florida Forest Service division
1609	to burn.
1610	4.  The specific consent of the landowner or his or her
1611	agent must be obtained before requesting authorization to burn.
1612	5.  An authorization to burn must be obtained from the
1613	Florida Forest Service division or its designated agent before
1614	igniting the burn.
1615	6.  There must be adequate firebreaks and sufficient
1616	personnel and firefighting equipment at the burn site to control
1617	the fire.
1618	(b)  If a burn is conducted in accordance with paragraph
1619	(a), the property owner and his or her agent are not liable
1620	under s. 590.13 for damage or injury caused by the fire or
1621	resulting smoke, and are not in violation of subsection (2),
1622	unless gross negligence is proven.
1623	(c)  A certified pile burner who violates this subsection
1624	commits a misdemeanor of the second degree, punishable as
1625	provided in s. 775.082 or s. 775.083.
1626	(d)  The Florida Forest Service division shall adopt rules
1627	regulating certified pile burning. The rules shall include
1628	procedures and criteria for certifying and decertifying
1629	certified pile burn managers based on past experience, training,
1630	and record of compliance with this section.
1631	(5)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE FLORIDA
1632	FOREST SERVICE DIVISION.-The Florida Forest Service division may
1633	conduct fuel reduction initiatives, including, but not limited
1634	to, burning and mechanical and chemical treatment, on any area
1635	of wild land within the state which is reasonably determined to
1636	be in danger of wildfire in accordance with the following
1637	procedures:
1638	(a)  Describe the areas that will receive fuels treatment
1639	to the affected local governmental entity.
1640	(b)  Publish a treatment notice, including a description of
1641	the area to be treated, in a conspicuous manner in at least one
1642	newspaper of general circulation in the area of the treatment
1643	not less than 10 days before the treatment.
1644	(c)  Prepare and send a notice to all landowners in each
1645	area designated by the Florida Forest Service division as a
1646	wildfire hazard area. The notice must describe particularly the
1647	area to be treated and the tentative date or dates of the
1648	treatment and must list the reasons for and the expected
1649	benefits from the wildfire hazard reduction.
1650	(d)  Consider any landowner objections to the fuels
1651	treatment of his or her property. The landowner may apply to the
1652	director of the Florida Forest Service division for a review of
1653	alternative methods of fuel reduction on the property. If the
1654	director or his or her designee does not resolve the landowner
1655	objection, the director shall convene a panel made up of the
1656	local forestry unit manager, the fire chief of the jurisdiction,
1657	and the affected county or city manager, or any of their
1658	designees. If the panel's recommendation is not acceptable to
1659	the landowner, the landowner may request further consideration
1660	by the Commissioner of Agriculture or his or her designee and
1661	shall thereafter be entitled to an administrative hearing
1662	pursuant to the provisions of chapter 120.
1663	(6)  FLORIDA FOREST SERVICE DIVISION APPROVAL OF LOCAL
1664	GOVERNMENT OPEN BURNING AUTHORIZATION PROGRAMS.-
1665	(a)  A county or municipality may exercise the division's
1666	authority of the Florida Forest Service, if delegated by the
1667	Florida Forest Service division under this subsection, to issue
1668	authorizations for the burning of yard trash or debris from
1669	land-clearing operations. A county's or municipality's existing
1670	or proposed open burning authorization program must:
1671	1.  Be approved by the Florida Forest Service division. The
1672	Florida Forest Service division may not approve a program if it
1673	fails to meet the requirements of subsections (2) and (4) and
1674	any rules adopted under those subsections.
1675	2.  Provide by ordinance or local law the requirements for
1676	obtaining and performing a burn authorization that complies with
1677	subsections (2) and (4) and any rules adopted under those
1678	subsections.
1679	3.  Provide for the enforcement of the program's
1680	requirements.
1681	4.  Provide financial, personnel, and other resources
1682	needed to carry out the program.
1683	(b)  If the Florida Forest Service division determines that
1684	a county's or municipality's open burning authorization program
1685	does not comply with subsections (2) and (4) and any rules
1686	adopted under those subsections, the Florida Forest Service
1687	division shall require the county or municipality to take
1688	necessary corrective actions within 90 days after receiving
1689	notice from the Florida Forest Service division of its
1690	determination.
1691	1.  If the county or municipality fails to take the
1692	necessary corrective actions within the required period, the
1693	Florida Forest Service division shall resume administration of
1694	the open burning authorization program in the county or
1695	municipality and the county or municipality shall cease
1696	administration of its program.
1697	2.  Each county and municipality administering an open
1698	burning authorization program must cooperate with and assist the
1699	Florida Forest Service division in carrying out the division's
1700	powers, duties, and functions of the Florida Forest Service.
1701	3.  A person who violates the requirements of a county's or
1702	municipality's open burning authorization program, as provided
1703	by ordinance or local law enacted pursuant to this subsection,
1704	commits a violation of this chapter, punishable as provided in
1705	s. 590.14.
1706	(7)  DUTIES OF AGENCIES.-The Department of Education shall
1707	incorporate, where feasible and appropriate, the issues of fuels
1708	treatment, including prescribed burning, into its educational
1709	materials.
1710	Section 62.  Subsections (1), (2), (3), and (4) of section
1711	590.14, Florida Statutes, are amended to read:
1712	590.14  Notice of violation; penalties; legislative
1713	intent.-
1714	(1)  If a Florida Forest Service division employee
1715	determines that a person has violated chapter 589, this chapter,
1716	or any rule adopted by the Florida Forest Service division to
1717	administer provisions of law conferring duties upon the Florida
1718	Forest Service division, the Florida Forest Service division
1719	employee may issue a notice of violation indicating the statute
1720	or rule violated. This notice will be filed with the Florida
1721	Forest Service division and a copy forwarded to the appropriate
1722	law enforcement entity for further action if necessary.
1723	(2)  In addition to any penalties provided by law, any
1724	person who causes a wildfire or permits any authorized fire to
1725	escape the boundaries of the authorization or to burn past the
1726	time of the authorization is liable for the payment of all
1727	reasonable costs and expenses incurred in suppressing the fire
1728	or $150, whichever is greater. All costs and expenses incurred
1729	by the Florida Forest Service division shall be payable to the
1730	Florida Forest Service division. When such costs and expenses
1731	are not paid within 30 days after demand, the Florida Forest
1732	Service division may take proper legal proceedings for the
1733	collection of the costs and expenses. Those costs incurred by an
1734	agency acting at the division's direction of the Florida Forest
1735	Service are recoverable by that agency.
1736	(3)  The department may also impose an administrative fine,
1737	not to exceed $1,000 per violation of any section of chapter 589
1738	or this chapter or violation of any rule adopted by the Florida
1739	Forest Service division to administer provisions of law
1740	conferring duties upon the Florida Forest Service division. The
1741	fine shall be based upon the degree of damage, the prior
1742	violation record of the person, and whether the person knowingly
1743	provided false information to obtain an authorization. The fines
1744	shall be deposited in the Incidental Trust Fund of the Florida
1745	Forest Service division.
1746	(4)  A person commits a misdemeanor of the second degree,
1747	punishable as provided in s. 775.082 or s. 775.083, if the
1748	person:
1749	(a)  Fails to comply with any rule or order adopted by the
1750	Florida Forest Service division to administer provisions of law
1751	conferring duties upon it the division; or
1752	(b)  Knowingly makes any false statement or representation
1753	in any application, record, plan, or other document required by
1754	this chapter or any rules adopted under this chapter.
1755	Section 63.  Section 590.16, Florida Statutes, is amended
1756	to read:
1757	590.16  Rewards.-The Florida Forest Service division, in
1758	its discretion, may offer and pay rewards for information
1759	leading to the arrest and conviction of any person who violates
1760	any provision of this chapter.
1761	Section 64.  Section 590.25, Florida Statutes, is amended
1762	to read:
1763	590.25  Penalty for preventing or obstructing
1764	extinguishment of wildfires.-Whoever shall interfere with,
1765	obstruct or commit any act aimed to obstruct the extinguishment
1766	of wildfires by the employees of the Florida Forest Service
1767	division or any other person engaged in the extinguishment of a
1768	wildfire, or who damages or destroys any equipment being used
1769	for such purpose, shall be guilty of a felony of the third
1770	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1771	775.084.
1772	Section 65.  Section 590.33, Florida Statutes, is amended
1773	to read:
1774	590.33  State compact administrator; compact advisory
1775	committee.-In pursuance of art. III of the compact, the director
1776	of the Florida Forest Service division shall act as compact
1777	administrator for Florida of the Southeastern Interstate Forest
1778	Fire Protection Compact during his or her term of office as
1779	director, and his or her successor as compact administrator
1780	shall be his or her successor as director of the Florida Forest
1781	Service division. As compact administrator, he or she shall be
1782	an ex officio member of the advisory committee of the
1783	Southeastern Interstate Forest Fire Protection Compact, and
1784	chair ex officio of the Florida members of the advisory
1785	committee. There shall be four members of the Southeastern
1786	Interstate Forest Fire Protection Compact Advisory Committee
1787	from Florida. Two of the members from Florida shall be members
1788	of the Legislature of Florida, one from the Senate designated by
1789	the President of the Senate and one from the House of
1790	Representatives designated by the Speaker of the House of
1791	Representatives, and the terms of any such members shall
1792	terminate at the time they cease to hold legislative office, and
1793	their successors as members shall be named in like manner. The
1794	Governor shall appoint the other two members from Florida, one
1795	of whom shall be associated with forestry or forest products
1796	industries. The terms of such members shall be 3 years and such
1797	members shall hold office until their respective successors
1798	shall be appointed and qualified. Vacancies occurring in the
1799	office of such members from any reason or cause shall be filled
1800	by appointment by the Governor for the unexpired term. The
1801	director of the Florida Forest Service division as compact
1802	administrator for Florida may delegate, from time to time, to
1803	any deputy or other subordinate in his or her department or
1804	office, the power to be present and participate, including
1805	voting as his or her representative or substitute at any meeting
1806	of or hearing by or other proceeding of the compact
1807	administrators or of the advisory committee. The terms of each
1808	of the initial four memberships, whether appointed at said time
1809	or not, shall begin upon the date upon which the compact shall
1810	become effective in accordance with art. II of said compact. Any
1811	member of the advisory committee may be removed from office by
1812	the Governor upon charges and after a hearing.
1813	Section 66.  Section 590.34, Florida Statutes, is amended
1814	to read:
1815	590.34  State compact administrator and compact advisory
1816	committee members; powers; aid from other state agencies.-There
1817	is hereby granted to the director of the Florida Forest Service
1818	division, as compact administrator and chair ex officio of the
1819	Florida members of the advisory committee, and to the members
1820	from Florida of the advisory committee all the powers provided
1821	for in the compact and all the powers necessary or incidental to
1822	the carrying out of the compact in every particular. All
1823	officers of Florida are hereby authorized and directed to do all
1824	things falling within their respective provinces and
1825	jurisdiction necessary or incidental to the carrying out of the
1826	compact in every particular; it being hereby declared to be the
1827	policy of the state to perform and carry out the said compact
1828	and to accomplish the purposes thereof. All officers, bureaus,
1829	departments, and persons of and in the state government or
1830	administration of the state are hereby authorized and directed
1831	at convenient times and upon request of the compact
1832	administrator or of the advisory committee to furnish
1833	information data relating to the purposes of the compact
1834	possessed by them or any of them to the compact administrator of
1835	the advisory committee. They are further authorized to aid the
1836	compact administrator or the advisory committee by loan of
1837	personnel, equipment, or other means in carrying out the
1838	purposes of the compact.
1839	Section 67.  Section 590.35, Florida Statutes, is amended
1840	to read:
1841	590.35  Construction of ss. 590.31-590.34.-Any powers
1842	herein granted to the Florida Forest Service division shall be
1843	regarded as in aid of and supplemental to and in no case a
1844	limitation upon any of the powers vested in the Florida Forest
1845	Service division by other laws of Florida or by the laws of the
1846	States of Alabama, Georgia, Kentucky, Mississippi, North
1847	Carolina, South Carolina, Tennessee, Virginia, and West Virginia
1848	or by the Congress or the terms of the compact.
1849	Section 68.  Subsections (1) and (2) of section 590.42,
1850	Florida Statutes, are amended to read:
1851	590.42  Federally funded fire protection assistance
1852	programs.-
1853	(1)  The Florida Forest Service Division of Forestry of the
1854	Department of Agriculture and Consumer Services may enter into
1855	agreements with the Secretary of Agriculture of the United
1856	States in order to participate in the Federal Rural Community
1857	Fire Protection Program authorized by Pub. L. No. 92-419,
1858	whereby the Federal Government provides financial assistance to
1859	the states on a matching basis of up to 50 percent of
1860	expenditures for such purposes.
1861	(2)  With respect to the formulation of projects relating
1862	to fire protection of livestock, wildlife, crops, pastures,
1863	orchards, rangeland, woodland, farmsteads, or other
1864	improvements, and other values in rural areas, for which such
1865	federal matching funds are available, any participating county
1866	or fire department may contribute to the nonfederal matching
1867	share and may also contribute such other nonfederal cooperation
1868	as may be deemed necessary by the Florida Forest Service
1869	division.
1870	Section 69.  Subsection (6) of section 591.17, Florida
1871	Statutes, is amended to read:
1872	591.17  Community forests; definitions.-The terms
1873	hereinafter used, unless the text clearly indicates a different
1874	meaning, shall be as follows:
1875	(6)  The term "division" shall mean the Division of
1876	Forestry of the Department of Agriculture and Consumer Services.
1877	Section 70.  Section 591.18, Florida Statutes, is amended
1878	to read:
1879	591.18  Community forests; purchase or establishment.-All
1880	counties, cities, towns, or school districts, through their
1881	governing boards, are hereby empowered to establish, from lands
1882	owned by such county, city, town, or school district in fee
1883	simple, or to acquire by purchase or gift, lands at present
1884	covered with forest or tree growth, or suitable for the growth
1885	of trees, and to administer the same under the direction of the
1886	Florida Forest Service Division of Forestry, in accordance with
1887	the practice and principles of scientific forestry, for the
1888	benefit of the said counties, cities, towns, or school
1889	districts. Such tracts may be of any size suitable for the
1890	purpose but must be located within the county embracing the
1891	county, city, town, or school district, provided that it shall
1892	be requisite for the governing board availing itself of the
1893	provisions of this law to submit to the Florida Forest Service
1894	Division of Forestry, and secure its approval of the area and
1895	location of any lands proposed to be acquired or used for the
1896	purposes of county, city, town, or school district forests.
1897	Section 71.  Section 591.19, Florida Statutes, is amended
1898	to read:
1899	591.19  Community forests; tax delinquent lands.-The
1900	Department of Revenue, the Board of Trustees of the Internal
1901	Improvement Trust Fund, counties, cities, towns, school
1902	districts, or any other public agency holding fee simple or tax
1903	certificate lands are hereby empowered to, and may, upon
1904	application to them, transfer title of fee simple lands not in
1905	other public use to any county, city, town, or school district
1906	for forest purposes as described under this law, provided such
1907	lands are approved by the Florida Forest Service Division of
1908	Forestry for this purpose.
1909	Section 72.  Section 591.20, Florida Statutes, is amended
1910	to read:
1911	591.20  Community forests; forestry committee.-The
1912	governing board of any county, city, town, or school district
1913	desiring to establish community forests after enactment of this
1914	law shall appoint a forestry committee, consisting of three
1915	members, as follows: one member of governing board, one member
1916	from the Florida Forest Service Division of Forestry to be
1917	designated by the Florida Forest Service division, and one
1918	taxpayer of the county, city, town, or school district not a
1919	member of the governing board. The first two members of such
1920	committee shall hold office until replaced in their respective
1921	official positions. The third member shall hold office for 3
1922	years. Any vacancy shall be filled at the first regular session
1923	of the governing board after the vacancy occurs. The president
1924	of the committee shall be selected by the three members for a 1-
1925	year term at their first regular meeting. The representative of
1926	the Florida Forest Service Division of Forestry shall not serve
1927	as an officer of the committee nor be responsible for making
1928	reports. All members shall serve without compensation, but shall
1929	be reimbursed for travel expenses as provided in s. 112.061.
1930	Section 73.  Section 591.24, Florida Statutes, is amended
1931	to read:
1932	591.24  Community forests; fiscal reports.-A fiscal year
1933	report of expenditures, income, sales, development and
1934	management shall be made by the forestry committee to the
1935	governing board of the county, city, town, or school district,
1936	and a copy sent to the Florida Forest Service Division of
1937	Forestry. All reports shall be audited by the regular auditor of
1938	the county, city, town, or school district.
1939	Section 74.  Section 591.25, Florida Statutes, is amended
1940	to read:
1941	591.25  Community forests; fire protection, etc.-All lands
1942	entered or acquired under the provisions of this law shall be
1943	protected at all times from wildfire and shall be kept and
1944	maintained as a permanent public forest except as hereinafter
1945	provided. The timber growing thereon shall be cut in accordance
1946	with forestry methods approved by the Florida Forest Service
1947	Division of Forestry and in such a manner as to perpetuate
1948	succeeding stands of trees. All such forest lands shall be open
1949	to the use of the public for recreational purposes so far as
1950	such recreational purposes do not interfere with, or prevent the
1951	use of, such lands to the best advantage as a public forest as
1952	determined by the forestry committee.
1953	Section 75.  Paragraph (b) of subsection (1) and paragraph
1954	(b) of subsection (2) of section 633.115, Florida Statutes, are
1955	amended to read:
1956	633.115  Fire and Emergency Incident Information Reporting
1957	Program; duties; fire reports.-
1958	(1)
1959	(b)  The Division of State Fire Marshal shall consult with
1960	the Florida Forest Service Division of Forestry of the
1961	Department of Agriculture and Consumer Services and the Bureau
1962	of Emergency Medical Services of the Department of Health to
1963	coordinate data, ensure accuracy of the data, and limit
1964	duplication of efforts in data collection, analysis, and
1965	reporting.
1966	(2)  The Fire and Emergency Incident Information System
1967	Technical Advisory Panel is created within the Division of State
1968	Fire Marshal. The panel shall advise, review, and recommend to
1969	the State Fire Marshal with respect to the requirements of this
1970	section. The membership of the panel shall consist of the
1971	following 15 members:
1972	(b)  One member from the Florida Forest Service Division of
1973	Forestry of the Department of Agriculture and Consumer Services,
1974	appointed by the division director of the Florida Forest
1975	Service.
1976	Section 76.  Paragraph (e) of subsection (6) of section
1977	633.821, Florida Statutes, is amended to read:
1978	633.821  Workplace safety.-
1979	(6)
1980	(e)  This subsection does not apply to wildland or
1981	prescribed live fire training exercises sanctioned by the
1982	Florida Forest Service Division of Forestry of the Department of
1983	Agriculture and Consumer Services or the National Wildfire
1984	Coordinating Group.
1985	Section 77.  Subsection (1) of section 790.15, Florida
1986	Statutes, is amended to read:
1987	790.15  Discharging firearm in public.-
1988	(1)  Except as provided in subsection (2) or subsection
1989	(3), any person who knowingly discharges a firearm in any public
1990	place or on the right-of-way of any paved public road, highway,
1991	or street or whosoever knowingly discharges any firearm over the
1992	right-of-way of any paved public road, highway, or street or
1993	over any occupied premises is guilty of a misdemeanor of the
1994	first degree, punishable as provided in s. 775.082 or s.
1995	775.083. This section does not apply to a person lawfully
1996	defending life or property or performing official duties
1997	requiring the discharge of a firearm or to a person discharging
1998	a firearm on public roads or properties expressly approved for
1999	hunting by the Fish and Wildlife Conservation Commission or
2000	Florida Forest Service Division of Forestry.
2001	Reviser's note.-Amended pursuant to the directive to
2002	the Division of Statutory Revision in s. 12, ch. 2011-
2003	56, Laws of Florida, to prepare a reviser's bill for
2004	introduction at a subsequent session of the
2005	Legislature which replaces all statutory references to
2006	the Division of Forestry with the term "Florida Forest
2007	Service."
2008	Section 78.  This act shall take effect on the 60th day
2009	after adjournment sine die of the session of the Legislature in
2010	which enacted.

CODING: Words stricken are deletions; words underlined are additions.