Florida Senate - 2012                                     SB 900
       
       
       
       By Senator Thrasher
       
       
       
       
       8-00868-12                                             2012900__
    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 may
  100  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 to
  114  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 community
  200  in which the parcel or project is located and who is selected by
  201  the county commission in the county which is most impacted by
  202  the acquisition.
  203         2. One individual from the Division of Recreation and Parks
  204  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 the
  373  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; composition;
  395  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 designee.
  403         2. The executive director of the Fish and Wildlife
  404  Conservation Commission or a designee.
  405         3. The Secretary of Transportation or a designee.
  406         4. The Director of the Florida Forest Service Division of
  407  Forestry of the Department of Agriculture and Consumer Services
  408  or a designee.
  409         5. The director of the Division of Historical Resources of
  410  the Department of State or a designee.
  411         6. A representative of the water management districts.
  412  Membership on the council shall rotate among the five districts.
  413  The districts shall determine the order of rotation.
  414         7. A representative of a federal land management agency.
  415  The Secretary of Environmental Protection shall identify the
  416  appropriate federal agency and request designation of a
  417  representative from the agency to serve on the council.
  418         8. A representative of the regional planning councils to be
  419  appointed by the Secretary of Environmental Protection.
  420  Membership on the council shall rotate among the seven regional
  421  planning councils. The regional planning councils shall
  422  determine the order of rotation.
  423         9. A representative of local governments to be appointed by
  424  the Secretary of Environmental Protection. Membership shall
  425  alternate between a county representative and a municipal
  426  representative.
  427         Section 12. Subsection (4) of section 261.03, Florida
  428  Statutes, is amended to read:
  429         261.03 Definitions.—As used in this chapter, the term:
  430         (4) “Division” means the Florida Forest Service.
  431         Section 13. Subsection (1) of section 261.04, Florida
  432  Statutes, is amended to read:
  433         261.04 Off-Highway Vehicle Recreation Advisory Committee;
  434  members; appointment.—
  435         (1) Effective July 1, 2003, the Off-Highway Vehicle
  436  Recreation Advisory Committee is created within the Florida
  437  Forest Service Division of Forestry and consists of nine
  438  members, all of whom are appointed by the Commissioner of
  439  Agriculture. The appointees shall include one representative of
  440  the Department of Agriculture and Consumer Services, one
  441  representative of the Department of Highway Safety and Motor
  442  Vehicles, one representative of the Department of Environmental
  443  Protection’s Office of Greenways and Trails, one representative
  444  of the Fish and Wildlife Conservation Commission, one citizen
  445  with scientific expertise in disciplines relating to ecology,
  446  wildlife biology, or other environmental sciences, one
  447  representative of a licensed off-highway vehicle dealer, and
  448  three representatives of off-highway vehicle recreation groups.
  449  In making these appointments, the commissioner shall consider
  450  the places of residence of the members to ensure statewide
  451  representation.
  452         Section 14. Section 261.06, Florida Statutes, is amended to
  453  read:
  454         261.06 Functions, duties, and responsibilities of the
  455  department.—The following are functions, duties, and
  456  responsibilities of the department through the Florida Forest
  457  Service division:
  458         (1) Coordination of the planning, development,
  459  conservation, and rehabilitation of state lands in and for the
  460  system.
  461         (2) Coordination of the management, maintenance,
  462  administration, and operation of state lands in the system and
  463  the provision of law enforcement and appropriate public safety
  464  activities.
  465         (3) Management of the trust fund and approval of the
  466  advisory committee’s budget recommendations.
  467         (4) Implementation of the program, including the ultimate
  468  approval of grant applications submitted by governmental
  469  agencies or entities or nongovernmental entities.
  470         (5) Coordination to help ensure compliance with
  471  environmental laws and regulations of the program and lands in
  472  the system.
  473         (6) Implementation of the policies established by the
  474  advisory committee.
  475         (7) Provision of staff assistance to the advisory
  476  committee.
  477         (8) Preparation of plans for lands in, or proposed to be
  478  included in, the system.
  479         (9) Conducting surveys and the preparation of studies as
  480  are necessary or desirable for implementing the program.
  481         (10) Recruitment and utilization of volunteers to further
  482  the program.
  483         (11) Rulemaking authority to implement the provisions of
  484  ss. 261.01-261.10.
  485         Section 15. Section 261.12, Florida Statutes, is amended to
  486  read:
  487         261.12 Designated off-highway vehicle funds within the
  488  Incidental Trust Fund of the Florida Forest Service Division of
  489  Forestry of the Department of Agriculture and Consumer
  490  Services.—
  491         (1) The designated off-highway vehicle funds of the trust
  492  fund shall consist of deposits from the following sources:
  493         (a) Fees paid to the Department of Highway Safety and Motor
  494  Vehicles for the titling of off-highway vehicles.
  495         (b) Revenues and income from any other sources required by
  496  law or as appropriated by the Legislature to be deposited into
  497  the trust fund as designated off-highway vehicle funds.
  498         (c) Donations from private sources that are designated as
  499  off-highway vehicle funds.
  500         (d) Interest earned on designated off-highway vehicle funds
  501  on deposit in the trust fund.
  502         (2) Designated off-highway vehicle funds in the trust fund
  503  shall be available for recommended allocation by the Off-Highway
  504  Vehicle Recreation Advisory Committee and the Department of
  505  Agriculture and Consumer Services and upon annual appropriation
  506  by the Legislature, exclusively for the following:
  507         (a) Implementation of the Off-Highway Vehicle Recreation
  508  Program by the Department of Agriculture and Consumer Services,
  509  which includes personnel and other related expenses;
  510  administrative and operating expenses; expenses related to
  511  safety, training, rider education programs, management,
  512  maintenance, and rehabilitation of lands in the Off-Highway
  513  Vehicle Recreation Program’s system of lands and trails; and, if
  514  funds are available, acquisition of lands to be included in the
  515  system and the management, maintenance, and rehabilitation of
  516  such lands.
  517         (b) Approved grants to governmental agencies or entities or
  518  nongovernmental entities that wish to provide or improve off
  519  highway vehicle recreation areas or trails for public use on
  520  public lands, provide environmental protection and restoration
  521  to affected natural areas in the system, provide enforcement of
  522  applicable regulations related to the system and off-highway
  523  vehicle activities, or provide education in the operation of
  524  off-highway vehicles.
  525         (c) Matching funds to be used to match grant funds
  526  available from other sources.
  527         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  528  any balance of designated off-highway vehicle funds in the trust
  529  fund at the end of any fiscal year shall remain therein and
  530  shall be available for the purposes set out in this section and
  531  as otherwise provided by law.
  532         Section 16. Section 317.0010, Florida Statutes, is amended
  533  to read:
  534         317.0010 Disposition of fees.—The department shall deposit
  535  all funds received under this chapter, less administrative costs
  536  of $2 per title transaction, into the Incidental Trust Fund of
  537  the Florida Forest Service Division of Forestry of the
  538  Department of Agriculture and Consumer Services.
  539         Section 17. Section 317.0016, Florida Statutes, is amended
  540  to read:
  541         317.0016 Expedited service; applications; fees.—The
  542  department shall provide, through its agents and for use by the
  543  public, expedited service on title transfers, title issuances,
  544  duplicate titles, recordation of liens, and certificates of
  545  repossession. A fee of $7 shall be charged for this service,
  546  which is in addition to the fees imposed by ss. 317.0007 and
  547  317.0008, and $3.50 of this fee shall be retained by the
  548  processing agency. All remaining fees shall be deposited in the
  549  Incidental Trust Fund of the Florida Forest Service Division of
  550  Forestry of the Department of Agriculture and Consumer Services.
  551  Application for expedited service may be made by mail or in
  552  person. The department shall issue each title applied for
  553  pursuant to this section within 5 working days after receipt of
  554  the application except for an application for a duplicate title
  555  certificate covered by s. 317.0008(3), in which case the title
  556  must be issued within 5 working days after compliance with the
  557  department’s verification requirements.
  558         Section 18. Paragraph (h) of subsection (1) of section
  559  373.591, Florida Statutes, is amended to read:
  560         373.591 Management review teams.—
  561         (1) To determine whether conservation, preservation, and
  562  recreation lands titled in the names of the water management
  563  districts are being managed for the purposes for which they were
  564  acquired and in accordance with land management objectives, the
  565  water management districts shall establish land management
  566  review teams to conduct periodic management reviews. The land
  567  management review teams shall be composed of the following
  568  members:
  569         (h) One individual from the Department of Agriculture and
  570  Consumer Services’ Florida Forest Service Division of Forestry.
  571         Section 19. Subsection (10) of section 379.226, Florida
  572  Statutes, is amended to read:
  573         379.226 Florida Territorial Waters Act; alien-owned
  574  commercial fishing vessels; prohibited acts; enforcement.—
  575         (10) Harbormasters and law enforcement agencies are
  576  authorized to request assistance from the Civil Air Patrol in
  577  the surveillance of suspect vessels. Aircraft of the Florida
  578  Forest Service Division of Forestry of the Department of
  579  Agriculture and Consumer Services or other state or county
  580  agencies which are conveniently located and not otherwise
  581  occupied may be similarly utilized.
  582         Section 20. Subsection (6) of section 403.7071, Florida
  583  Statutes, is amended to read:
  584         403.7071 Management of storm-generated debris.—Solid waste
  585  generated as a result of a storm event that is the subject of an
  586  emergency order issued by the department may be managed as
  587  follows:
  588         (6) Local governments or their agents may conduct the
  589  burning of storm-generated yard trash, other storm-generated
  590  vegetative debris, or untreated wood from construction and
  591  demolition debris in air-curtain incinerators without prior
  592  notice to the department. Within 10 days after commencing such
  593  burning, the local government shall notify the department in
  594  writing describing the general nature of the materials burned;
  595  the location and method of burning; and the name, address, and
  596  telephone number of the representative of the local government
  597  to contact concerning the work. The operator of the air-curtain
  598  incinerator is subject to any requirement of the Florida Forest
  599  Service Division of Forestry or of any other agency concerning
  600  authorization to conduct open burning. Any person conducting
  601  open burning of vegetative debris is also subject to such
  602  requirements.
  603         Section 21. Subsection (5) of section 479.16, Florida
  604  Statutes, is amended to read:
  605         479.16 Signs for which permits are not required.—The
  606  following signs are exempt from the requirement that a permit
  607  for a sign be obtained under the provisions of this chapter but
  608  are required to comply with the provisions of s. 479.11(4)-(8):
  609         (5) Danger or precautionary signs relating to the premises
  610  on which they are located; forest fire warning signs erected
  611  under the authority of the Florida Forest Service Division of
  612  Forestry of the Department of Agriculture and Consumer Services;
  613  and signs, notices, or symbols erected by the United States
  614  Government under the direction of the United States Forestry
  615  Service.
  616         Section 22. Subsection (7) of section 581.1843, Florida
  617  Statutes, is amended to read:
  618         581.1843 Citrus nursery stock propagation and production
  619  and the establishment of regulated areas around citrus
  620  nurseries.—
  621         (7) The department shall relocate foundation source trees
  622  maintained by the Division of Plant Industry from various
  623  locations, including those in Dundee and Winter Haven, to
  624  protective structures at the Florida Forest Service Division of
  625  Forestry nursery in Chiefland or to other protective sites
  626  located a minimum of 10 miles from any commercial citrus grove.
  627         Section 23. Section 589.01, Florida Statutes, is amended to
  628  read:
  629         589.01 Florida Forestry Council.—The Florida Forestry
  630  Council, hereinafter called the “council,” is hereby created in
  631  the Florida Forest Service Division of Forestry of the
  632  Department of Agriculture and Consumer Services. The council
  633  shall be composed of five members appointed by the Department of
  634  Agriculture and Consumer Services for terms of 4 years.
  635         (1) There shall be one member of the council from each of
  636  the following areas of forestry:
  637         (a) The pulp and paper manufacturing industry.
  638         (b) A forest products industry other than that described in
  639  paragraph (a).
  640         (c) A timber or timber products dealer.
  641         (d) An individual forest landowner.
  642         (e) An active member of a statewide conservation
  643  organization having as one of its principal objectives the
  644  conservation and development of the forest resource.
  645         (2) Not fewer than two or more than three nominations shall
  646  be made for each membership on the council, and any statewide
  647  organization representing an area of forestry represented on the
  648  council may make nominations.
  649         (3) The council shall meet at the call of its chair, at the
  650  request of a majority of its membership or of the Department of
  651  Agriculture and Consumer Services, or at such times as may be
  652  prescribed by its rules.
  653         (4) A majority of the members of the council shall
  654  constitute a quorum for all purposes, and an act by a majority
  655  of such quorum at any meeting shall constitute an official act
  656  of the council.
  657         (5) The powers and duties of the council shall be as
  658  follows:
  659         (a) To consider and study the entire field of forestry;
  660         (b) To advise, counsel, and consult with the Department of
  661  Agriculture and Consumer Services and the Director of the
  662  Florida Forest Service Division of Forestry upon request in
  663  connection with the promulgation, administration, and
  664  enforcement of all laws and rules relating to forestry;
  665         (c) To consider all matters submitted to it by the
  666  Department of Agriculture and Consumer Services or the Director
  667  of the Florida Forest Service Division of Forestry;
  668         (d) To offer suggestions and recommendations to the
  669  Department of Agriculture and Consumer Services and the Director
  670  of the Florida Forest Service Division of Forestry on its own
  671  initiative in regard to changes in the laws and rules relating
  672  to forestry as may be deemed advisable to secure the effective
  673  administration and enforcement of such laws and rules relating
  674  to the work of the Florida Forest Service division; and
  675         (e) To keep a complete record of all its proceedings,
  676  showing the names of the members present at each meeting and any
  677  action taken by the council, and to file and maintain such
  678  records in the Florida Forest Service Division of Forestry as a
  679  public record.
  680         Section 24. Section 589.011, Florida Statutes, is amended
  681  to read:
  682         589.011 Use of state forest lands; fees; rules.—
  683         (1) The Florida Forest Service Division of Forestry of the
  684  Department of Agriculture and Consumer Services may grant
  685  privileges, permits, leases, and concessions for the use of
  686  state forest lands, timber, and forest products for purposes not
  687  inconsistent with the provisions of this chapter.
  688         (2) The Florida Forest Service Division of Forestry is
  689  authorized to grant easements for rights-of-way, over, across,
  690  and upon state forest lands for the construction and maintenance
  691  of poles and lines for the transmission and distribution of
  692  electrical power, pipelines for the distribution and
  693  transportation of oils and gases, and for telephone and
  694  telegraphic purposes and for public roads, under such conditions
  695  and limitations as the Florida Forest Service division may
  696  impose.
  697         (3) The Florida Forest Service Division of Forestry shall
  698  have the power to set and charge reasonable fees or rent for the
  699  use or operation of facilities on state forests or any lands
  700  leased by or otherwise assigned to the Florida Forest Service
  701  division for management purposes. Moneys collected from such
  702  fees and rent shall be deposited into the Incidental Trust Fund
  703  of the Florida Forest Service division.
  704         (4) The Florida Forest Service Division of Forestry may
  705  adopt and enforce rules necessary for the protection,
  706  utilization, occupancy, and development of state forest lands or
  707  any lands leased by or otherwise assigned to the Florida Forest
  708  Service division for management purposes. Any person violating
  709  or otherwise failing to comply with any provision of this
  710  subsection or rule adopted under this subsection commits a
  711  noncriminal violation as defined in s. 775.08(3), punishable
  712  only by fine, not to exceed $500 per violation. Jurisdiction
  713  shall be with the appropriate county court.
  714         (5) The Florida Forest Service Division of Forestry may
  715  prohibit on state forest lands, or any lands leased by or
  716  otherwise assigned to the Florida Forest Service division for
  717  management purposes, activities that interfere with management
  718  objectives, create a nuisance, or pose a threat to public
  719  safety. Such prohibited activities must be posted with signs not
  720  more than 500 feet apart along, and at each corner of, the
  721  boundaries of the land. The signs must be placed along the
  722  boundary line of posted land in a manner and in such position as
  723  to be clearly noticeable from outside the boundary line. A
  724  person who violates the provisions of this subsection commits a
  725  misdemeanor of the second degree, punishable as provided in s.
  726  775.082 or s. 775.083.
  727         (6) The Florida Forest Service Division of Forestry may
  728  enter into contracts or agreements, with or without competitive
  729  bidding or procurement, to make available, on a fair,
  730  reasonable, and nondiscriminatory basis, property and other
  731  structures under Florida Forest Service division control for the
  732  placement of new facilities by any wireless provider of mobile
  733  service as defined in 47 U.S.C. s. 153(27) or 47 U.S.C. s.
  734  332(d) or any telecommunications company as defined in s. 364.02
  735  when it is determined to be practical and feasible to make such
  736  property or other structures available. The Florida Forest
  737  Service division may, without adopting a rule, charge a just,
  738  reasonable, and nondiscriminatory fee for the placement of the
  739  facilities, payable annually, based on the fair market value of
  740  space used by comparable communications facilities in the state.
  741  The Florida Forest Service division and a wireless provider or
  742  telecommunications company may negotiate the reduction or
  743  elimination of a fee in consideration of services provided to
  744  the Florida Forest Service division by the wireless provider or
  745  telecommunications company. All such fees collected by the
  746  Florida Forest Service division shall be deposited in the
  747  Incidental Trust Fund.
  748         Section 25. Section 589.012, Florida Statutes, is amended
  749  to read:
  750         589.012 Friends of Florida State Forests Program.—The
  751  Friends of Florida State Forests Program is established within
  752  the Department of Agriculture and Consumer Services. Its purpose
  753  is to provide support and assistance for existing and future
  754  programs of the Florida Forest Service Division of Forestry.
  755  These programs must be consistent with the Florida Forest
  756  Service division’s mission statement which is incorporated by
  757  reference. The purpose of the program is to:
  758         (1) Conduct programs and activities related to
  759  environmental education, fire prevention, recreation, and forest
  760  management.
  761         (2) Identify and pursue methods to provide resources and
  762  materials for these programs.
  763         (3) Establish a statewide method to integrate these
  764  resources and materials.
  765         Section 26. Section 589.04, Florida Statutes, is amended to
  766  read:
  767         589.04 Duties of Florida Forest Service division.—
  768         (1) The Florida Forest Service Division of Forestry shall
  769  cooperate with federal, state, and local governmental agencies,
  770  nonprofit organizations, and other persons to:
  771         (a) Promote and encourage forest fire protection, forest
  772  environmental education, forest land stewardship, good forest
  773  management, tree planting and care, forest recreation, and the
  774  proper management of public lands.
  775         (b) Apply for, solicit, and receive grants, funds,
  776  services, equipment, and supplies from those agencies,
  777  organizations, firms, and individuals.
  778         (2) All grant proceeds and funds received for these
  779  purposes shall be deposited in the Incidental Trust Fund.
  780  Expenditures of these funds shall be for the purposes
  781  established in this section.
  782         (3) The Florida Forest Service Division of Forestry shall
  783  provide direction for the multiple-use management of forest
  784  lands owned by the state; serve as the lead management agency
  785  for state-owned land primarily suited for forest resource
  786  management; and provide to other state agencies having land
  787  management responsibilities technical guidance and management
  788  plan development for managing the forest resources on state
  789  owned lands managed for other objectives. Multiple-purpose use
  790  shall include, but is not limited to, water-resource protection,
  791  forest-ecosystems protection, natural-resource-based low-impact
  792  recreation, and sustainable timber management for forest
  793  products.
  794         (4) The Florida Forest Service Division of Forestry shall
  795  begin immediately an aggressive program to reforest and
  796  afforest, with appropriate tree species, lands over which the
  797  Florida Forest Service division has forest resource management
  798  responsibility.
  799         Section 27. Section 589.06, Florida Statutes, is amended to
  800  read:
  801         589.06 Warrants for payment of accounts.—Upon the
  802  presentation to the Chief Financial Officer of any accounts duly
  803  approved by the Florida Forest Service Division of Forestry,
  804  accompanied by such itemized vouchers or accounts as shall be
  805  required by her or him, the Chief Financial Officer shall audit
  806  the same and draw a warrant for the amount for which the account
  807  is audited, payable out of funds to the credit of the Florida
  808  Forest Service division.
  809         Section 28. Section 589.07, Florida Statutes, is amended to
  810  read:
  811         589.07 Florida Forest ServiceDivision may acquire lands
  812  for forest purposes.—The Florida Forest Service Division of
  813  Forestry, on behalf of the state and subject to the restrictions
  814  mentioned in s. 589.08, may acquire lands, suitable for state
  815  forest purposes, by gift, donation, contribution, purchase, or
  816  otherwise and may enter into agreements with the Federal
  817  Government, or other agency, for acquiring by gift, purchase, or
  818  otherwise, such lands as are, in the judgment of the Florida
  819  Forest Service division, suitable and desirable for state
  820  forests. The acquisition procedures for state lands provided in
  821  s. 259.041 do not apply to acquisition of land by the Florida
  822  Forest Service Division of Forestry.
  823         Section 29. Section 589.071, Florida Statutes, is amended
  824  to read:
  825         589.071 Traffic control within state forest or Florida
  826  Forest Service-assigned division-assigned lands.—The Florida
  827  Forest Service Division of Forestry on behalf of the state may
  828  adopt rules to control ingress, egress, and all other movement
  829  of motor vehicles, bicycles, horses, and pedestrians, as well as
  830  all other types of traffic, within a state forest or any lands
  831  leased by or otherwise assigned to the Florida Forest Service
  832  division for management purposes, outside of the designated
  833  right-of-way of state or county-maintained roads, and may
  834  designate special areas off the roadways for the operation of
  835  recreational type vehicles which need not be licensed or
  836  operated by licensed drivers. Any person violating or otherwise
  837  failing to comply with any of the provisions of this section or
  838  rules adopted pursuant hereto is guilty of a noncriminal
  839  violation as defined in s. 775.08(3), punishable only by fine
  840  not to exceed $500. Jurisdiction shall be with the appropriate
  841  county court.
  842         Section 30. Section 589.08, Florida Statutes, is amended to
  843  read:
  844         589.08 Land acquisition restrictions.—
  845         (1) The Florida Forest Service Division of Forestry shall
  846  enter into no agreement for the acquisition, lease, or purchase
  847  of any land or for any other purpose whatsoever which shall
  848  pledge the credit of, or obligate in any manner whatsoever, the
  849  state to pay any sum of money or other thing of value for such
  850  purpose, and the Florida Forest Service said division shall not
  851  in any manner or for any purpose pledge the credit of or
  852  obligate the state to pay any sum of money.
  853         (2) The Florida Forest Service division may receive, hold
  854  the custody of, and exercise the control of any lands, and set
  855  aside into a separate, distinct and inviolable fund, any
  856  proceeds derived from the sales of the products of such lands,
  857  the use thereof in any manner, or the sale of such lands save
  858  the 25 percent of the proceeds to be paid into the State School
  859  Fund as provided by law. The Florida Forest Service division may
  860  use and apply such funds for the acquisition, use, custody,
  861  management, development, or improvement of any lands vested in
  862  or subject to the control of the Florida Forest Service
  863  division. After full payment has been made for the purchase of a
  864  state forest to the Federal Government or other grantor, 15
  865  percent of the gross receipts from a state forest shall be paid
  866  to the fiscally constrained county or counties, as described in
  867  s. 218.67(1), in which it is located in proportion to the
  868  acreage located in each county for use by the county or counties
  869  for school purposes.
  870         Section 31. Section 589.081, Florida Statutes, is amended
  871  to read:
  872         589.081 Withlacoochee State Forest and Goethe State Forest;
  873  payment of portion of gross receipts.—The Florida Forest Service
  874  Division of Forestry shall pay 15 percent of the gross receipts
  875  from Withlacoochee State Forest and the Goethe State Forest to
  876  each fiscally constrained county, as described in s. 218.67(1),
  877  in which a portion of the respective forest is located in
  878  proportion to the forest acreage located in such county. The
  879  funds must be equally divided between the board of county
  880  commissioners and the school board of each fiscally constrained
  881  county.
  882         Section 32. Section 589.09, Florida Statutes, is amended to
  883  read:
  884         589.09 Use of lands acquired.—All lands acquired by the
  885  Florida Forest Service Division of Forestry on behalf of the
  886  state shall be in the custody of and subject to the
  887  jurisdiction, management, and control of the Florida Forest
  888  Service said division, and, for such purposes and the
  889  utilization and development of such land, the Florida Forest
  890  Service said division may use the proceeds of the sale of any
  891  products therefrom, the proceeds of the sale of any such lands,
  892  save the 25 percent of such proceeds which shall be paid into
  893  the State School Fund as required by s. 1010.71(1), and such
  894  other funds as may be appropriated for use by the Florida Forest
  895  Service division, and in the opinion of the Florida Forest
  896  Service such division, available for such uses and purposes.
  897         Section 33. Section 589.10, Florida Statutes, is amended to
  898  read:
  899         589.10 Disposition of lands.—The Florida Forest Service
  900  Division of Forestry, with the concurrence of the Board of
  901  Trustees of the Internal Improvement Trust Fund and the
  902  Governor, may sell, exchange, lease, or otherwise dispose of any
  903  lands under its jurisdiction by the provisions of this chapter
  904  when in its judgment it is advantageous to the state to do so in
  905  the interest of the highest orderly development, improvement,
  906  and management of the state forests and state parks. All such
  907  sales, exchanges, leases, or dispositions of such lands, shall
  908  be at least upon a 30-day public notice, to be given in the
  909  manner deemed reasonable by the Florida Forest Service division.
  910         Section 34. Section 589.101, Florida Statutes, is amended
  911  to read:
  912         589.101 Blackwater River State Forest; lease of board’s
  913  interest in gas, oil, and other minerals.—Notwithstanding the
  914  provisions of ss. 253.51-253.61, the Florida Forest Service
  915  Division of Forestry is hereby expressly granted the authority
  916  to lease its 25-percent interest in oil, gas, and other minerals
  917  within the boundaries of the Blackwater River State Forest;
  918  provided, however, that grants shall be made only to the lessee
  919  or lessees holding the 75-percent interest in said minerals
  920  retained by the United States in its conveyance to this state.
  921  The concurrence of the Board of Trustees of the Internal
  922  Improvement Trust Fund required by s. 589.10 shall not be
  923  necessary under the provisions of this section.
  924         Section 35. Section 589.11, Florida Statutes, is amended to
  925  read:
  926         589.11 Duties of Florida Forest Service division as to
  927  Clarke-McNary Law.—
  928         (1) The Florida Forest Service Division of Forestry is
  929  designated and authorized as the agent of the state to cooperate
  930  with the United States Secretary of Agriculture under the
  931  provisions of “ss. 4 and 5, Chapter 348, 43 Statutes 654, Acts
  932  of Congress, June 7, 1924, known as the Clarke-McNary Law,” to
  933  assist owners of farms in establishing, improving, and renewing
  934  woodlots, shelterbelts, windbreaks, and other valuable forest
  935  growth; in growing and renewing useful timber crops; and to
  936  cooperate with the wood-using industries or other agencies,
  937  governmental or otherwise, interested in proper land use, forest
  938  management, and conservative forest utilization.
  939         (2) As a means of providing seedling trees for the purposes
  940  of this section, the Florida Forest Service division is
  941  authorized to operate a seedling tree nursery program and to set
  942  reasonable prices for the sale to the public of seedling trees.
  943  Receipts from the sale of seedling trees shall be deposited into
  944  the Incidental Trust Fund of the Florida Forest Service
  945  division.
  946         Section 36. Section 589.12, Florida Statutes, is amended to
  947  read:
  948         589.12 Rules and regulations.—The Florida Forest Service
  949  Division of Forestry may make rules and regulations and do such
  950  acts and things as shall be reasonable and necessary to
  951  accomplish the purposes of ss. 589.07-589.11.
  952         Section 37. Section 589.13, Florida Statutes, is amended to
  953  read:
  954         589.13 Lien of Florida Forest Service division and other
  955  parties, for forestry work, etc.—Liens prior in dignity to all
  956  others accruing thereafter shall exist in favor of the following
  957  persons, boards, firms, or corporations upon the following
  958  described real estate, under the circumstances hereinafter
  959  mentioned:
  960         (1) The Florida Forest Service Division of Forestry, the
  961  United States Government, or other governmental authority, upon
  962  all lands covered in any cooperative or other agreement entered
  963  into between the landowner and the Florida Forest Service
  964  division (which term shall embrace and include agreements with
  965  the Florida Forest Service Division of Forestry);
  966         (2) The United States Government or other governmental
  967  authority, for the prevention and control of woods fires and
  968  other forestry work to the extent of the amounts expended by the
  969  Florida Forest Service such division, service, or other
  970  governmental authority for and on behalf of the landowner and
  971  not paid by the landowner under the terms of said agreement.
  972         Section 38. Section 589.14, Florida Statutes, is amended to
  973  read:
  974         589.14 Enforcement of lien; notice.—The Florida Forest
  975  Service Division of Forestry, United States Government, or other
  976  governmental authority shall be entitled to subject said real
  977  estate in equity for the value of such expenditures made by it
  978  in pursuance of any such agreement, and may, at any time after
  979  the expenditure thereof and after default in payment thereof by
  980  the landowner in accordance with the terms of such agreement,
  981  file in the office of the clerk of the circuit court of the
  982  county in which the property is located, and have recorded in
  983  the record of liens kept by such clerk, a notice of the
  984  expenditures made in pursuance of such agreement and of default
  985  of the landowner in the payment of same in accordance with the
  986  terms thereof (the form of notice being provided in s. 589.15),
  987  and from the date of the filing of such notice the rights of
  988  purchasers or creditors of such landowner shall be subject and
  989  subordinate to the claim set out in the notice.
  990         Section 39. Section 589.15, Florida Statutes, is amended to
  991  read:
  992         589.15 Form of notice.—The said notice shall be
  993  substantially as follows: It shall be in writing and shall be
  994  sworn to by the duly authorized agent of the Florida Forest
  995  Service such division or governmental authority filing same. It
  996  shall state the name of the owner of said property, the nature
  997  and character of the labor or services performed or to be
  998  performed, an itemized statement of the expenditures made in
  999  pursuance of said agreement and the value thereof, and shall
 1000  also contain a description of the property covered by the said
 1001  agreement and to which said services and expenditures are
 1002  applicable.
 1003         Section 40. Section 589.16, Florida Statutes, is amended to
 1004  read:
 1005         589.16 Time for filing notice of lien.—The notice of lien
 1006  may be filed prior to the filing of a complaint brought to
 1007  enforce said lien; provided that nothing herein contained shall
 1008  prevent the filing of such notice at any time after the contract
 1009  or agreement has been entered into and default made by the
 1010  landowner in payment of any amount due under the contract or
 1011  agreement; and suit in equity to enforce the rights of the
 1012  Florida Forest Service division or governmental authority as
 1013  provided in this chapter must be brought within 12 months from
 1014  the filing of said notice of lien.
 1015         Section 41. Section 589.18, Florida Statutes, is amended to
 1016  read:
 1017         589.18 Florida Forest Service Division to make certain
 1018  investigations.—The Florida Forest Service Division of Forestry
 1019  shall conduct investigations and make surveys to determine the
 1020  areas of land in the state which are available and suitable for
 1021  reforestation projects and state forests, and may recommend to
 1022  the Board of Trustees of the Internal Improvement Trust Fund,
 1023  any state agency, or any agency created by state law which is
 1024  authorized to accept lands in the name of the state, concerning
 1025  their acquisition. The Florida Forest Service division shall be
 1026  considered as a state agency under this law.
 1027         Section 42. Subsections (1) and (3) and paragraphs (a),
 1028  (b), (c), and (e) of subsection (4) of section 589.19, Florida
 1029  Statutes, are amended to read:
 1030         589.19 Creation of certain state forests; naming of certain
 1031  state forests.—
 1032         (1) When the Board of Trustees of the Internal Improvement
 1033  Trust Fund, any state agency, or any agency created by state
 1034  law, authorized to accept reforestation lands in the name of the
 1035  state, approves the recommendations of the Florida Forest
 1036  Service Division of Forestry in reference to the acquisition of
 1037  land and acquire such land, the said board, state agency, or
 1038  agency created by state law, may formally designate and dedicate
 1039  any area as a reforestation project, or state forest, and where
 1040  so designated and dedicated such area shall be under the
 1041  administration of the Florida Forest Service division which
 1042  shall be authorized to manage and administer said area according
 1043  to the purpose for which it was designated and dedicated.
 1044         (3) The state forest managed by the Florida Forest Service
 1045  Division of Forestry in Seminole County is to be named the
 1046  Charles H. Bronson State Forest to honor Charles H. Bronson, the
 1047  tenth Commissioner of Agriculture, for his distinguished
 1048  contribution to this state’s agriculture and natural resources.
 1049         (4)(a) The Florida Forest Service Division of Forestry
 1050  shall designate one or more areas of state forests as a “Wounded
 1051  Warrior Special Hunt Area” to honor wounded veterans and
 1052  servicemembers. The purpose of such designated areas is to
 1053  provide special outdoor recreational opportunities for eligible
 1054  veterans and servicemembers.
 1055         (b) The Florida Forest Service division shall limit guest
 1056  admittance to such designated areas to any person who:
 1057         1. Is an active duty member of any branch of the United
 1058  States Armed Forces and has a combat-related injury as
 1059  determined by his or her branch of the United States Armed
 1060  Forces; or
 1061         2. Is a veteran who served during a period of wartime
 1062  service as defined in s. 1.01(14) or peacetime service as
 1063  defined in s. 296.02 and:
 1064         a. Has a service-connected disability as determined by the
 1065  United States Department of Veterans Affairs; or
 1066         b. Was discharged or released from military service because
 1067  of a disability acquired or aggravated while serving on active
 1068  duty.
 1069         (c) The Florida Forest Service division may grant
 1070  admittance to such designated areas to a person who is not an
 1071  eligible veteran or servicemember for purposes of accompanying
 1072  an eligible veteran or servicemember who requires the person’s
 1073  assistance to use such designated areas.
 1074         (e) The Florida Forest Service division may adopt rules to
 1075  administer this subsection.
 1076         Section 43. Section 589.20, Florida Statutes, is amended to
 1077  read:
 1078         589.20 Cooperation by Florida Forest Service division.—The
 1079  Florida Forest Service Division of Forestry may cooperate with
 1080  other state agencies, who are custodians of lands which are
 1081  suitable for forestry purposes, in the designation and
 1082  dedication of such lands for forestry purposes when in the
 1083  opinion of the state agencies concerned such lands are suitable
 1084  for these purposes and can be so administered. Upon the
 1085  designation and dedication of said lands for these purposes by
 1086  the agencies concerned, said lands shall be administered by the
 1087  Florida Forest Service division.
 1088         Section 44. Section 589.21, Florida Statutes, is amended to
 1089  read:
 1090         589.21 Management to be for public interest.—All state
 1091  forests and reforestation projects mentioned in this chapter
 1092  shall be managed and administered by the Florida Forest Service
 1093  Division of Forestry in the interests of the public. If the
 1094  public interests are not already safeguarded and clearly defined
 1095  by law or by regulations adopted by the state agencies
 1096  authorized by law to administer such lands, or in the papers
 1097  formally transferring said projects to the Florida Forest
 1098  Service division for administration, then, and in that event,
 1099  the Florida Forest Service division may define the purpose of
 1100  said project. Such definition of purposes shall be construed to
 1101  have the authority of law.
 1102         Section 45. Section 589.26, Florida Statutes, is amended to
 1103  read:
 1104         589.26 Dedication of state park lands for public use.—The
 1105  Florida Forest Service Division of Forestry is authorized and
 1106  empowered, from time to time, to dedicate and reserve for the
 1107  use of the public all or any part of the lands heretofore or
 1108  hereafter acquired by the Florida Forest Service said Division
 1109  of Forestry for park purposes; provided, however, that said
 1110  dedication and reservation shall be subject to such rules and
 1111  regulations, as to reasonable use by the public, as may be
 1112  adopted by the Division of Recreation and Parks of the
 1113  Department of Environmental Protection.
 1114         Section 46. Section 589.27, Florida Statutes, is amended to
 1115  read:
 1116         589.27 Power of eminent domain; procedure.—Whenever the
 1117  Florida Forest Service Division of Forestry shall find it
 1118  necessary to acquire private property for state forests or
 1119  rights-of-way for state forest roads, or for exercising any of
 1120  the powers and duties authorized and prescribed by law to be
 1121  exercised and performed by the Florida Forest Service Division
 1122  of Forestry, the Florida Forest Service Division of Forestry is
 1123  hereby empowered and authorized to exercise the right of eminent
 1124  domain and to proceed to condemn said property in the same
 1125  manner as provided by law for the condemnation of private
 1126  property by counties.
 1127         Section 47. Section 589.275, Florida Statutes, is amended
 1128  to read:
 1129         589.275 Planting of indigenous trees on state lands.—It is
 1130  the intent of the Legislature to partially restore the character
 1131  of the original domain of Florida by planting native trees on
 1132  state lands, and to this end all state lands shall have a
 1133  portion of such lands designated for indigenous trees, to be
 1134  established and maintained by the using agency with the
 1135  assistance of the Florida Forest Service Division of Forestry of
 1136  the Department of Agriculture and Consumer Services. If the
 1137  Florida Forest Service division, or primary managing agency,
 1138  determines that any state lands are unsuitable for this purpose,
 1139  such lands shall be exempt from this requirement.
 1140         Section 48. Subsections (1), (3), and (5) of section
 1141  589.277, Florida Statutes, are amended to read:
 1142         589.277 Tree planting programs.—
 1143         (1) The Florida Forest Service Division of Forestry of the
 1144  Florida Department of Agriculture and Consumer Services shall
 1145  administer federal, state, and privately sponsored tree planting
 1146  programs designed to assist private rural landowners and urban
 1147  communities.
 1148         (3) The Florida Forest Service Division of Forestry is
 1149  authorized and directed to develop and implement guidelines and
 1150  procedures under which the financial resources of the fund
 1151  allocated for tree planting programs may be utilized for urban
 1152  and rural reforestation.
 1153         (5) The Florida Forest Service Division of Forestry shall
 1154  assist the Department of Education in developing programs that
 1155  teach the importance of trees in the urban, rural, and global
 1156  environment.
 1157         Section 49. Section 589.28, Florida Statutes, is amended to
 1158  read:
 1159         589.28 County commissions or municipalities authorized to
 1160  cooperate with Florida Forest Service Division of Forestry.
 1161  County commissions or municipalities are authorized to cooperate
 1162  with the Florida Forest Service Division of Forestry of the
 1163  Department of Agriculture and Consumer Services in providing
 1164  assistance in forestry and forest-related knowledge and skills
 1165  to stimulate the production of timber wealth through the proper
 1166  use of forest land and to protect and improve the beauty of
 1167  urban and suburban areas by helping to create in them an
 1168  attractive and healthy environment through the proper use of
 1169  trees and related plant associations. County commissions or
 1170  municipalities are hereby authorized to appropriate funds and
 1171  enter into cooperative agreements with the Florida Forest
 1172  Service Division of Forestry under the terms and conditions set
 1173  forth in ss. 589.28-589.34.
 1174         Section 50. Section 589.29, Florida Statutes, is amended to
 1175  read:
 1176         589.29 Quality of assistance.—Any advice and assistance
 1177  provided under ss. 589.28-589.34 shall be the responsibility of
 1178  the State Forester and the Florida Forest Service Division of
 1179  Forestry and shall be conducted under the supervision of a
 1180  professional forester in an efficient and competent manner by
 1181  personnel who have the required education, training and
 1182  experience to accomplish the objectives of these sections.
 1183         Section 51. Section 589.30, Florida Statutes, is amended to
 1184  read:
 1185         589.30 Duty of district forester.—It shall be the duty of
 1186  the district forester to direct all work in accordance with the
 1187  law and regulations of the Florida Forest Service Division of
 1188  Forestry; gather and disseminate information in the management
 1189  of commercial timber, including establishment, protection and
 1190  utilization; and assist in the development and use of forest
 1191  lands for outdoor recreation, watershed protection, and wildlife
 1192  habitat. The district forester or his or her representative
 1193  shall provide encouragement and technical assistance to
 1194  individuals and urban and county officials in the planning,
 1195  establishment, and management of trees and plant associations to
 1196  enhance the beauty of the urban and suburban environment and
 1197  meet outdoor recreational needs.
 1198         Section 52. Section 589.31, Florida Statutes, is amended to
 1199  read:
 1200         589.31 Cooperative agreement.—Before any assistance is
 1201  provided under this law, the county or municipality and the
 1202  Florida Forest Service Division of Forestry, through their duly
 1203  constituted representatives, shall enter into a mutually
 1204  satisfactory cooperative agreement covering the specific duties,
 1205  and set up a budget for any fiscal period beginning July 1 and
 1206  ending June 30, and the county’s or municipality’s share of the
 1207  budget provided shall be turned over to the Florida Forest
 1208  Service Division of Forestry, one-half on or before July 1, and
 1209  the remainder on or before January 1, and placed in the
 1210  Incidental Trust Fund of the Florida Forest Service Division of
 1211  Forestry.
 1212         Section 53. Section 589.32, Florida Statutes, is amended to
 1213  read:
 1214         589.32 Cost of providing county forestry assistance.—The
 1215  cost of county forestry assistance provided under the provisions
 1216  of ss. 589.28-589.34 shall be jointly determined and paid by the
 1217  Florida Forest Service Division of Forestry and the county
 1218  commission or municipality and shall be not less than 40 percent
 1219  of the cost of the equivalent of 1 person-year of assistance.
 1220  However, the county or municipality share shall not exceed the
 1221  sum of $3,000 per annum for each person-year of assistance
 1222  provided.
 1223         Section 54. Section 589.33, Florida Statutes, is amended to
 1224  read:
 1225         589.33 Expenditure of budgeted funds.—Any money budgeted
 1226  for a fiscal period shall be expended by the Florida Forest
 1227  Service Division of Forestry during the period for which it was
 1228  budgeted and amounts not expended or specifically obligated by
 1229  contract or other legal procedure during that period shall be
 1230  available for the next fiscal period or shall be returned to the
 1231  Florida Forest Service Division of Forestry and the county or
 1232  municipality in the same proportions as appropriated. However,
 1233  when 40 percent of the cost of 1 person-year of assistance
 1234  equals or exceeds $3,000, then in that event all budget balance
 1235  will revert to the Florida Forest Service Division of Forestry.
 1236         Section 55. Section 589.34, Florida Statutes, is amended to
 1237  read:
 1238         589.34 Revocation of agreement.—Any agreement or revision
 1239  thereof entered into by the Florida Forest Service Division of
 1240  Forestry and a county or municipality under the provisions of
 1241  this law shall continue from year to year, unless written notice
 1242  is given to the other party 30 days prior to July 1 of any year
 1243  of the intention to discontinue the work and cancel the
 1244  agreement.
 1245         Section 56. Section 590.01, Florida Statutes, is amended to
 1246  read:
 1247         590.01 Wildfire protection.—The Florida Forest Service
 1248  division has the primary responsibility for prevention,
 1249  detection, and suppression of wildfires wherever they may occur.
 1250  The Florida Forest Service division shall provide leadership and
 1251  direction in the evaluation, coordination, allocation of
 1252  resources, and monitoring of wildfire management and protection.
 1253  The Florida Forest Service division shall promote natural
 1254  resource management and fuel reduction through the use of
 1255  prescribed fire and other fuel reduction measures.
 1256         Section 57. Subsection (2) of section 590.015, Florida
 1257  Statutes, is amended to read:
 1258         590.015 Definitions.—As used in this chapter, the term:
 1259         (2) “Division” means the Florida Forest Service.
 1260         Section 58. Section 590.02, Florida Statutes, is amended to
 1261  read:
 1262         590.02 Florida Forest ServiceDivision powers, authority,
 1263  and duties; liability; building structures; Florida Center for
 1264  Wildfire and Forest Resources Management Training.—
 1265         (1) The Florida Forest Service division has the following
 1266  powers, authority, and duties:
 1267         (a) To enforce the provisions of this chapter;
 1268         (b) To prevent, detect, suppress, and extinguish wildfires
 1269  wherever they may occur on public or private land in this state
 1270  and to do all things necessary in the exercise of such powers,
 1271  authority, and duties;
 1272         (c) To provide firefighting crews, who shall be under the
 1273  control and direction of the Florida Forest Service division and
 1274  its designated agents;
 1275         (d) To appoint center managers, forest area supervisors,
 1276  forestry program administrators, a forest protection bureau
 1277  chief, a forest protection assistant bureau chief, a field
 1278  operations bureau chief, deputy chiefs of field operations,
 1279  district managers, forest operations administrators, senior
 1280  forest rangers, investigators, forest rangers, firefighter
 1281  rotorcraft pilots, and other employees who may, at the
 1282  division’s discretion of the Florida Forest Service, be
 1283  certified as forestry firefighters pursuant to s. 633.35(4).
 1284  Other provisions of law notwithstanding, center managers,
 1285  district managers, forest protection assistant bureau chief, and
 1286  deputy chiefs of field operations shall have Selected Exempt
 1287  Service status in the state personnel designation;
 1288         (e) To develop a training curriculum for forestry
 1289  firefighters which must contain the basic volunteer structural
 1290  fire training course approved by the Florida State Fire College
 1291  of the Division of State Fire Marshal and a minimum of 250 hours
 1292  of wildfire training;
 1293         (f) To make rules to accomplish the purposes of this
 1294  chapter;
 1295         (g) To provide fire management services and emergency
 1296  response assistance and to set and charge reasonable fees for
 1297  performance of those services. Moneys collected from such fees
 1298  shall be deposited into the Incidental Trust Fund of the Florida
 1299  Forest Service division; and
 1300         (h) To require all state, regional, and local government
 1301  agencies operating aircraft in the vicinity of an ongoing
 1302  wildfire to operate in compliance with the applicable state
 1303  Wildfire Aviation Plan.
 1304         (2) Florida Forest Service Division employees, and the
 1305  firefighting crews under their control and direction, may enter
 1306  upon any lands for the purpose of preventing and suppressing
 1307  wildfires and investigating smoke complaints or open burning not
 1308  in compliance with authorization and to enforce the provisions
 1309  of this chapter.
 1310         (3) Employees of the Florida Forest Service division and of
 1311  federal, state, and local agencies, and all other persons and
 1312  entities that are under contract or agreement with the Florida
 1313  Forest Service division to assist in firefighting operations as
 1314  well as those entities, called upon by the Florida Forest
 1315  Service division to assist in firefighting may, in the
 1316  performance of their duties, set counterfires, remove fences and
 1317  other obstacles, dig trenches, cut firelines, use water from
 1318  public and private sources, and carry on all other customary
 1319  activities in the fighting of wildfires without incurring
 1320  liability to any person or entity.
 1321         (4)(a) The department may build structures, notwithstanding
 1322  chapters 216 and 255, not to exceed a cost of $50,000 per
 1323  structure from existing resources on forest lands, federal
 1324  excess property, and unneeded existing structures. These
 1325  structures must meet all applicable building codes.
 1326         (b) Notwithstanding s. 553.80(1), the department shall
 1327  exclusively enforce the Florida Building Code as it pertains to
 1328  wildfire and law enforcement facilities under the jurisdiction
 1329  of the department.
 1330         (5) The Florida Forest Service division shall organize its
 1331  operational units to most effectively prevent, detect, and
 1332  suppress wildfires, and to that end, may employ the necessary
 1333  personnel to manage its activities in each unit. The Florida
 1334  Forest Service division may construct lookout towers, roads,
 1335  bridges, firelines, and other facilities and may purchase or
 1336  fabricate tools, supplies, and equipment for firefighting. The
 1337  Florida Forest Service division may reimburse the public and
 1338  private entities that it engages to assist in the suppression of
 1339  wildfires for their personnel and equipment, including aircraft.
 1340         (6) The Florida Forest Service division shall undertake
 1341  privatization alternatives for fire prevention activities
 1342  including constructing fire lines and conducting prescribed
 1343  burns and, where appropriate, entering into agreements or
 1344  contracts with the private sector to perform such activities.
 1345         (7) The Florida Forest Service division may organize,
 1346  staff, equip, and operate the Florida Center for Wildfire and
 1347  Forest Resources Management Training. The center shall serve as
 1348  a site where fire and forest resource managers can obtain
 1349  current knowledge, techniques, skills, and theory as they relate
 1350  to their respective disciplines.
 1351         (a) The center may establish cooperative efforts involving
 1352  federal, state, and local entities; hire appropriate personnel;
 1353  and engage others by contract or agreement with or without
 1354  compensation to assist in carrying out the training and
 1355  operations of the center.
 1356         (b) The center shall provide wildfire suppression training
 1357  opportunities for rural fire departments, volunteer fire
 1358  departments, and other local fire response units.
 1359         (c) The center will focus on curriculum related to, but not
 1360  limited to, fuel reduction, an incident management system,
 1361  prescribed burning certification, multiple-use land management,
 1362  water quality, forest health, environmental education, and
 1363  wildfire suppression training for structural firefighters.
 1364         (d) The center may assess appropriate fees for food,
 1365  lodging, travel, course materials, and supplies in order to meet
 1366  its operational costs and may grant free meals, room, and
 1367  scholarships to persons and other entities in exchange for
 1368  instructional assistance.
 1369         (e) An advisory committee consisting of the following
 1370  individuals or their designees must review program curriculum,
 1371  course content, and scheduling: the Director of the Florida
 1372  Forest Service Division of Forestry; the Assistant Director of
 1373  the Florida Forest Service Division of Forestry; the Director of
 1374  the School of Forest Resources and Conservation of the
 1375  University of Florida; the Director of the Division of
 1376  Recreation and Parks of the Department of Environmental
 1377  Protection; the Director of the Division of the State Fire
 1378  Marshal; the Director of the Florida Chapter of The Nature
 1379  Conservancy; the Executive Vice President of the Florida
 1380  Forestry Association; the President of the Florida Farm Bureau
 1381  Federation; the Executive Director of the Fish and Wildlife
 1382  Conservation Commission; the Executive Director of a Water
 1383  Management District as appointed by the Commissioner of
 1384  Agriculture; the Supervisor of the National Forests in Florida;
 1385  the President of the Florida Fire Chief’s Association; and the
 1386  Executive Director of the Tall Timbers Research Station.
 1387         (8) The Cross City Work Center shall be named the L. Earl
 1388  Peterson Forestry Station. This is to honor Mr. L. Earl
 1389  Peterson, Florida’s sixth state forester, whose distinguished
 1390  career in state government has spanned 44 years, and who is a
 1391  native of Dixie County.
 1392         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
 1393  department may retain, transfer, warehouse, bid, destroy, scrap,
 1394  or otherwise dispose of surplus equipment and vehicles that are
 1395  used for wildland firefighting.
 1396         (b) All money received from the disposition of state-owned
 1397  equipment and vehicles that are used for wildland firefighting
 1398  shall be retained by the department. Money received pursuant to
 1399  this section is appropriated for and may be disbursed for the
 1400  acquisition of exchange and surplus equipment used for wildland
 1401  firefighting, and for all necessary operating expenditures
 1402  related to such equipment, in the same fiscal year and the
 1403  fiscal year following the disposition. The department shall
 1404  maintain records of the accounts into which the money is
 1405  deposited.
 1406         (10)(a) The Florida Forest Service division has exclusive
 1407  authority to require and issue authorizations for broadcast
 1408  burning and agricultural and silvicultural pile burning. An
 1409  agency, commission, department, county, municipality, or other
 1410  political subdivision of the state may not adopt laws,
 1411  regulations, rules, or policies pertaining to broadcast burning
 1412  or agricultural and silvicultural pile burning unless an
 1413  emergency order is declared in accordance with s. 252.38(3).
 1414         (b) The Florida Forest Service division may delegate to a
 1415  county or municipality its authority, as delegated by the
 1416  Department of Environmental Protection pursuant to ss.
 1417  403.061(28) and 403.081, to require and issue authorizations for
 1418  the burning of yard trash and debris from land clearing
 1419  operations in accordance with s. 590.125(6).
 1420         Section 59. Subsection (3) of section 590.081, Florida
 1421  Statutes, is amended to read:
 1422         590.081 Severe drought conditions; burning prohibited.—
 1423         (3) It is unlawful for any person to set fire to, or cause
 1424  fire to be set to, any wild lands or to build a campfire or
 1425  bonfire or to burn trash or other debris within the designated
 1426  area of a severe drought emergency unless a written permit is
 1427  obtained from the Florida Forest Service division or its
 1428  designated agent.
 1429         Section 60. Section 590.091, Florida Statutes, is amended
 1430  to read:
 1431         590.091 Designation of railroad rights-of-way as wildfire
 1432  hazard areas.—
 1433         (1) The Florida Forest Service division may annually
 1434  designate, on or before October 1, those railroad rights-of-way
 1435  in this state which are known wildfire hazard areas.
 1436         (2) It shall be the duty of all railroad companies
 1437  operating in this state to maintain their rights-of-way
 1438  designated as provided in subsection (1), as known wildfire
 1439  hazard areas, in an approved condition as shall be prescribed by
 1440  rule of the Florida Forest Service division and to provide
 1441  adequate firebreaks where needed, so as to prevent fire from
 1442  igniting or spreading from rights-of-way to adjacent property.
 1443         Section 61. Section 590.125, Florida Statutes, is amended
 1444  to read:
 1445         590.125 Open burning authorized by the Florida Forest
 1446  Service division.—
 1447         (1) DEFINITIONS.—As used in this section, the term:
 1448         (a) “Certified pile burner” means an individual who
 1449  successfully completes the division’s pile burning certification
 1450  program of the Florida Forest Service and possesses a valid pile
 1451  burner certification number.
 1452         (b) “Certified prescribed burn manager” means an individual
 1453  who successfully completes the certified prescribed burning
 1454  program of the Florida Forest Service division and possesses a
 1455  valid certification number.
 1456         (c) “Extinguished” means that for:
 1457         1. Wildland burning or certified prescribed burning, no
 1458  spreading flames exist.
 1459         2. Vegetative land-clearing debris burning or pile burning,
 1460  no visible flames exist.
 1461         3. Vegetative land-clearing debris burning or pile burning
 1462  in an area designated as smoke sensitive by the Florida Forest
 1463  Service division, no visible flames, smoke, or emissions exist.
 1464         (d) “Land-clearing operation” means the uprooting or
 1465  clearing of vegetation in connection with the construction of
 1466  buildings and rights-of-way, land development, and mineral
 1467  operations. The term does not include the clearing of yard
 1468  trash.
 1469         (e) “Pile burning” means the burning of silvicultural,
 1470  agricultural, or land-clearing and tree-cutting debris
 1471  originating onsite, which is stacked together in a round or
 1472  linear fashion, including, but not limited to, a windrow.
 1473         (f) “Prescribed burning” means the controlled application
 1474  of fire by broadcast burning in accordance with a written
 1475  prescription for vegetative fuels under specified environmental
 1476  conditions, while following appropriate precautionary measures
 1477  that ensure that the fire is confined to a predetermined area to
 1478  accomplish the planned fire or land management objectives.
 1479         (g) “Prescription” means a written plan establishing the
 1480  criteria necessary for starting, controlling, and extinguishing
 1481  a prescribed burn.
 1482         (h) “Yard trash” means vegetative matter resulting from
 1483  landscaping and yard maintenance operations and other such
 1484  routine property cleanup activities. The term includes materials
 1485  such as leaves, shrub trimmings, grass clippings, brush, and
 1486  palm fronds.
 1487         (2) NONCERTIFIED BURNING.—
 1488         (a) Persons may be authorized to burn wild land or
 1489  vegetative land-clearing debris in accordance with this
 1490  subsection if:
 1491         1. There is specific consent of the landowner or his or her
 1492  designee;
 1493         2. Authorization has been obtained from the Florida Forest
 1494  Service division or its designated agent before starting the
 1495  burn;
 1496         3. There are adequate firebreaks at the burn site and
 1497  sufficient personnel and firefighting equipment for the control
 1498  of the fire;
 1499         4. The fire remains within the boundary of the authorized
 1500  area;
 1501         5. An authorized person is present at the burn site until
 1502  the fire is extinguished;
 1503         6. The Florida Forest Service division does not cancel the
 1504  authorization; and
 1505         7. The Florida Forest Service division determines that air
 1506  quality and fire danger are favorable for safe burning.
 1507         (b) A person who burns wild land or vegetative land
 1508  clearing debris in a manner that violates any requirement of
 1509  this subsection commits a misdemeanor of the second degree,
 1510  punishable as provided in s. 775.082 or s. 775.083.
 1511         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1512  PURPOSE.—
 1513         (a) The application of prescribed burning is a land
 1514  management tool that benefits the safety of the public, the
 1515  environment, and the economy of the state. The Legislature finds
 1516  that:
 1517         1. Prescribed burning reduces vegetative fuels within wild
 1518  land areas. Reduction of the fuel load reduces the risk and
 1519  severity of wildfire, thereby reducing the threat of loss of
 1520  life and property, particularly in urban areas.
 1521         2. Most of Florida’s natural communities require periodic
 1522  fire for maintenance of their ecological integrity. Prescribed
 1523  burning is essential to the perpetuation, restoration, and
 1524  management of many plant and animal communities. Significant
 1525  loss of the state’s biological diversity will occur if fire is
 1526  excluded from fire-dependent systems.
 1527         3. Forestland and rangeland constitute significant
 1528  economic, biological, and aesthetic resources of statewide
 1529  importance. Prescribed burning on forestland prepares sites for
 1530  reforestation, removes undesirable competing vegetation,
 1531  expedites nutrient cycling, and controls or eliminates certain
 1532  forest pathogens. On rangeland, prescribed burning improves the
 1533  quality and quantity of herbaceous vegetation necessary for
 1534  livestock production.
 1535         4. The state purchased hundreds of thousands of acres of
 1536  land for parks, preserves, wildlife management areas, forests,
 1537  and other public purposes. The use of prescribed burning for
 1538  management of public lands is essential to maintain the specific
 1539  resource values for which these lands were acquired.
 1540         5. A public education program is necessary to make citizens
 1541  and visitors aware of the public safety, resource, and economic
 1542  benefits of prescribed burning.
 1543         6. Proper training in the use of prescribed burning is
 1544  necessary to ensure maximum benefits and protection for the
 1545  public.
 1546         7. As Florida’s population continues to grow, pressures
 1547  from liability issues and nuisance complaints inhibit the use of
 1548  prescribed burning. Therefore, the Florida Forest Service
 1549  division is urged to maximize the opportunities for prescribed
 1550  burning conducted during its daytime and nighttime authorization
 1551  process.
 1552         (b) Certified prescribed burning pertains only to broadcast
 1553  burning for purposes of silviculture, wildland fire hazard
 1554  reduction, wildlife management, ecological maintenance and
 1555  restoration, and range and pasture management. It must be
 1556  conducted in accordance with this subsection and:
 1557         1. May be accomplished only when a certified prescribed
 1558  burn manager is present on site with a copy of the prescription
 1559  from ignition of the burn to its completion.
 1560         2. Requires that a written prescription be prepared before
 1561  receiving authorization to burn from the Florida Forest Service
 1562  division.
 1563         3. Requires that the specific consent of the landowner or
 1564  his or her designee be obtained before requesting an
 1565  authorization.
 1566         4. Requires that an authorization to burn be obtained from
 1567  the Florida Forest Service division before igniting the burn.
 1568         5. Requires that there be adequate firebreaks at the burn
 1569  site and sufficient personnel and firefighting equipment for the
 1570  control of the fire.
 1571         6. Is considered to be in the public interest and does not
 1572  constitute a public or private nuisance when conducted under
 1573  applicable state air pollution statutes and rules.
 1574         7. Is considered to be a property right of the property
 1575  owner if vegetative fuels are burned as required in this
 1576  subsection.
 1577         (c) Neither a property owner nor his or her agent is liable
 1578  pursuant to s. 590.13 for damage or injury caused by the fire or
 1579  resulting smoke or considered to be in violation of subsection
 1580  (2) for burns conducted in accordance with this subsection
 1581  unless gross negligence is proven.
 1582         (d) Any certified burner who violates this section commits
 1583  a misdemeanor of the second degree, punishable as provided in s.
 1584  775.082 or s. 775.083.
 1585         (e) The Florida Forest Service division shall adopt rules
 1586  for the use of prescribed burning and for certifying and
 1587  decertifying certified prescribed burn managers based on their
 1588  past experience, training, and record of compliance with this
 1589  section.
 1590         (4) CERTIFIED PILE BURNING.—
 1591         (a) Certified pile burning pertains to the disposal of
 1592  piled, naturally occurring debris from an agricultural,
 1593  silvicultural, or temporary land-clearing operation. A land
 1594  clearing operation is temporary if it operates for 6 months or
 1595  less. Certified pile burning must be conducted in accordance
 1596  with the following:
 1597         1. A certified pile burner must ensure, before ignition,
 1598  that the piles are properly placed and that the content of the
 1599  piles is conducive to efficient burning.
 1600         2. A certified pile burner must ensure that the piles are
 1601  properly extinguished no later than 1 hour after sunset. If the
 1602  burn is conducted in an area designated by the Florida Forest
 1603  Service division as smoke sensitive, a certified pile burner
 1604  must ensure that the piles are properly extinguished at least 1
 1605  hour before sunset.
 1606         3. A written pile burning plan must be prepared before
 1607  receiving authorization from the Florida Forest Service division
 1608  to burn.
 1609         4. The specific consent of the landowner or his or her
 1610  agent must be obtained before requesting authorization to burn.
 1611         5. An authorization to burn must be obtained from the
 1612  Florida Forest Service division or its designated agent before
 1613  igniting the burn.
 1614         6. There must be adequate firebreaks and sufficient
 1615  personnel and firefighting equipment at the burn site to control
 1616  the fire.
 1617         (b) If a burn is conducted in accordance with paragraph
 1618  (a), the property owner and his or her agent are not liable
 1619  under s. 590.13 for damage or injury caused by the fire or
 1620  resulting smoke, and are not in violation of subsection (2),
 1621  unless gross negligence is proven.
 1622         (c) A certified pile burner who violates this subsection
 1623  commits a misdemeanor of the second degree, punishable as
 1624  provided in s. 775.082 or s. 775.083.
 1625         (d) The Florida Forest Service division shall adopt rules
 1626  regulating certified pile burning. The rules shall include
 1627  procedures and criteria for certifying and decertifying
 1628  certified pile burn managers based on past experience, training,
 1629  and record of compliance with this section.
 1630         (5) WILDFIRE HAZARD REDUCTION TREATMENT BY THE FLORIDA
 1631  FOREST SERVICE DIVISION.—The Florida Forest Service division may
 1632  conduct fuel reduction initiatives, including, but not limited
 1633  to, burning and mechanical and chemical treatment, on any area
 1634  of wild land within the state which is reasonably determined to
 1635  be in danger of wildfire in accordance with the following
 1636  procedures:
 1637         (a) Describe the areas that will receive fuels treatment to
 1638  the affected local governmental entity.
 1639         (b) Publish a treatment notice, including a description of
 1640  the area to be treated, in a conspicuous manner in at least one
 1641  newspaper of general circulation in the area of the treatment
 1642  not less than 10 days before the treatment.
 1643         (c) Prepare and send a notice to all landowners in each
 1644  area designated by the Florida Forest Service division as a
 1645  wildfire hazard area. The notice must describe particularly the
 1646  area to be treated and the tentative date or dates of the
 1647  treatment and must list the reasons for and the expected
 1648  benefits from the wildfire hazard reduction.
 1649         (d) Consider any landowner objections to the fuels
 1650  treatment of his or her property. The landowner may apply to the
 1651  director of the Florida Forest Service division for a review of
 1652  alternative methods of fuel reduction on the property. If the
 1653  director or his or her designee does not resolve the landowner
 1654  objection, the director shall convene a panel made up of the
 1655  local forestry unit manager, the fire chief of the jurisdiction,
 1656  and the affected county or city manager, or any of their
 1657  designees. If the panel’s recommendation is not acceptable to
 1658  the landowner, the landowner may request further consideration
 1659  by the Commissioner of Agriculture or his or her designee and
 1660  shall thereafter be entitled to an administrative hearing
 1661  pursuant to the provisions of chapter 120.
 1662         (6) FLORIDA FOREST SERVICE DIVISION APPROVAL OF LOCAL
 1663  GOVERNMENT OPEN BURNING AUTHORIZATION PROGRAMS.—
 1664         (a) A county or municipality may exercise the division’s
 1665  authority of the Florida Forest Service, if delegated by the
 1666  Florida Forest Service division under this subsection, to issue
 1667  authorizations for the burning of yard trash or debris from
 1668  land-clearing operations. A county’s or municipality’s existing
 1669  or proposed open burning authorization program must:
 1670         1. Be approved by the Florida Forest Service division. The
 1671  Florida Forest Service division may not approve a program if it
 1672  fails to meet the requirements of subsections (2) and (4) and
 1673  any rules adopted under those subsections.
 1674         2. Provide by ordinance or local law the requirements for
 1675  obtaining and performing a burn authorization that complies with
 1676  subsections (2) and (4) and any rules adopted under those
 1677  subsections.
 1678         3. Provide for the enforcement of the program’s
 1679  requirements.
 1680         4. Provide financial, personnel, and other resources needed
 1681  to carry out the program.
 1682         (b) If the Florida Forest Service division determines that
 1683  a county’s or municipality’s open burning authorization program
 1684  does not comply with subsections (2) and (4) and any rules
 1685  adopted under those subsections, the Florida Forest Service
 1686  division shall require the county or municipality to take
 1687  necessary corrective actions within 90 days after receiving
 1688  notice from the Florida Forest Service division of its
 1689  determination.
 1690         1. If the county or municipality fails to take the
 1691  necessary corrective actions within the required period, the
 1692  Florida Forest Service division shall resume administration of
 1693  the open burning authorization program in the county or
 1694  municipality and the county or municipality shall cease
 1695  administration of its program.
 1696         2. Each county and municipality administering an open
 1697  burning authorization program must cooperate with and assist the
 1698  Florida Forest Service division in carrying out the division’s
 1699  powers, duties, and functions of the Florida Forest Service.
 1700         3. A person who violates the requirements of a county’s or
 1701  municipality’s open burning authorization program, as provided
 1702  by ordinance or local law enacted pursuant to this subsection,
 1703  commits a violation of this chapter, punishable as provided in
 1704  s. 590.14.
 1705         (7) DUTIES OF AGENCIES.—The Department of Education shall
 1706  incorporate, where feasible and appropriate, the issues of fuels
 1707  treatment, including prescribed burning, into its educational
 1708  materials.
 1709         Section 62. Subsections (1), (2), (3), and (4) of section
 1710  590.14, Florida Statutes, are amended to read:
 1711         590.14 Notice of violation; penalties; legislative intent.—
 1712         (1) If a Florida Forest Service division employee
 1713  determines that a person has violated chapter 589, this chapter,
 1714  or any rule adopted by the Florida Forest Service division to
 1715  administer provisions of law conferring duties upon the Florida
 1716  Forest Service division, the Florida Forest Service division
 1717  employee may issue a notice of violation indicating the statute
 1718  or rule violated. This notice will be filed with the Florida
 1719  Forest Service division and a copy forwarded to the appropriate
 1720  law enforcement entity for further action if necessary.
 1721         (2) In addition to any penalties provided by law, any
 1722  person who causes a wildfire or permits any authorized fire to
 1723  escape the boundaries of the authorization or to burn past the
 1724  time of the authorization is liable for the payment of all
 1725  reasonable costs and expenses incurred in suppressing the fire
 1726  or $150, whichever is greater. All costs and expenses incurred
 1727  by the Florida Forest Service division shall be payable to the
 1728  Florida Forest Service division. When such costs and expenses
 1729  are not paid within 30 days after demand, the Florida Forest
 1730  Service division may take proper legal proceedings for the
 1731  collection of the costs and expenses. Those costs incurred by an
 1732  agency acting at the division’s direction of the Florida Forest
 1733  Service are recoverable by that agency.
 1734         (3) The department may also impose an administrative fine,
 1735  not to exceed $1,000 per violation of any section of chapter 589
 1736  or this chapter or violation of any rule adopted by the Florida
 1737  Forest Service division to administer provisions of law
 1738  conferring duties upon the Florida Forest Service division. The
 1739  fine shall be based upon the degree of damage, the prior
 1740  violation record of the person, and whether the person knowingly
 1741  provided false information to obtain an authorization. The fines
 1742  shall be deposited in the Incidental Trust Fund of the Florida
 1743  Forest Service division.
 1744         (4) A person commits a misdemeanor of the second degree,
 1745  punishable as provided in s. 775.082 or s. 775.083, if the
 1746  person:
 1747         (a) Fails to comply with any rule or order adopted by the
 1748  Florida Forest Service division to administer provisions of law
 1749  conferring duties upon it the division; or
 1750         (b) Knowingly makes any false statement or representation
 1751  in any application, record, plan, or other document required by
 1752  this chapter or any rules adopted under this chapter.
 1753         Section 63. Section 590.16, Florida Statutes, is amended to
 1754  read:
 1755         590.16 Rewards.—The Florida Forest Service division, in its
 1756  discretion, may offer and pay rewards for information leading to
 1757  the arrest and conviction of any person who violates any
 1758  provision of this chapter.
 1759         Section 64. Section 590.25, Florida Statutes, is amended to
 1760  read:
 1761         590.25 Penalty for preventing or obstructing extinguishment
 1762  of wildfires.—Whoever shall interfere with, obstruct or commit
 1763  any act aimed to obstruct the extinguishment of wildfires by the
 1764  employees of the Florida Forest Service division or any other
 1765  person engaged in the extinguishment of a wildfire, or who
 1766  damages or destroys any equipment being used for such purpose,
 1767  shall be guilty of a felony of the third degree, punishable as
 1768  provided in s. 775.082, s. 775.083, or s. 775.084.
 1769         Section 65. Section 590.33, Florida Statutes, is amended to
 1770  read:
 1771         590.33 State compact administrator; compact advisory
 1772  committee.—In pursuance of art. III of the compact, the director
 1773  of the Florida Forest Service division shall act as compact
 1774  administrator for Florida of the Southeastern Interstate Forest
 1775  Fire Protection Compact during his or her term of office as
 1776  director, and his or her successor as compact administrator
 1777  shall be his or her successor as director of the Florida Forest
 1778  Service division. As compact administrator, he or she shall be
 1779  an ex officio member of the advisory committee of the
 1780  Southeastern Interstate Forest Fire Protection Compact, and
 1781  chair ex officio of the Florida members of the advisory
 1782  committee. There shall be four members of the Southeastern
 1783  Interstate Forest Fire Protection Compact Advisory Committee
 1784  from Florida. Two of the members from Florida shall be members
 1785  of the Legislature of Florida, one from the Senate designated by
 1786  the President of the Senate and one from the House of
 1787  Representatives designated by the Speaker of the House of
 1788  Representatives, and the terms of any such members shall
 1789  terminate at the time they cease to hold legislative office, and
 1790  their successors as members shall be named in like manner. The
 1791  Governor shall appoint the other two members from Florida, one
 1792  of whom shall be associated with forestry or forest products
 1793  industries. The terms of such members shall be 3 years and such
 1794  members shall hold office until their respective successors
 1795  shall be appointed and qualified. Vacancies occurring in the
 1796  office of such members from any reason or cause shall be filled
 1797  by appointment by the Governor for the unexpired term. The
 1798  director of the Florida Forest Service division as compact
 1799  administrator for Florida may delegate, from time to time, to
 1800  any deputy or other subordinate in his or her department or
 1801  office, the power to be present and participate, including
 1802  voting as his or her representative or substitute at any meeting
 1803  of or hearing by or other proceeding of the compact
 1804  administrators or of the advisory committee. The terms of each
 1805  of the initial four memberships, whether appointed at said time
 1806  or not, shall begin upon the date upon which the compact shall
 1807  become effective in accordance with art. II of said compact. Any
 1808  member of the advisory committee may be removed from office by
 1809  the Governor upon charges and after a hearing.
 1810         Section 66. Section 590.34, Florida Statutes, is amended to
 1811  read:
 1812         590.34 State compact administrator and compact advisory
 1813  committee members; powers; aid from other state agencies.—There
 1814  is hereby granted to the director of the Florida Forest Service
 1815  division, as compact administrator and chair ex officio of the
 1816  Florida members of the advisory committee, and to the members
 1817  from Florida of the advisory committee all the powers provided
 1818  for in the compact and all the powers necessary or incidental to
 1819  the carrying out of the compact in every particular. All
 1820  officers of Florida are hereby authorized and directed to do all
 1821  things falling within their respective provinces and
 1822  jurisdiction necessary or incidental to the carrying out of the
 1823  compact in every particular; it being hereby declared to be the
 1824  policy of the state to perform and carry out the said compact
 1825  and to accomplish the purposes thereof. All officers, bureaus,
 1826  departments, and persons of and in the state government or
 1827  administration of the state are hereby authorized and directed
 1828  at convenient times and upon request of the compact
 1829  administrator or of the advisory committee to furnish
 1830  information data relating to the purposes of the compact
 1831  possessed by them or any of them to the compact administrator of
 1832  the advisory committee. They are further authorized to aid the
 1833  compact administrator or the advisory committee by loan of
 1834  personnel, equipment, or other means in carrying out the
 1835  purposes of the compact.
 1836         Section 67. Section 590.35, Florida Statutes, is amended to
 1837  read:
 1838         590.35 Construction of ss. 590.31-590.34.—Any powers herein
 1839  granted to the Florida Forest Service division shall be regarded
 1840  as in aid of and supplemental to and in no case a limitation
 1841  upon any of the powers vested in the Florida Forest Service
 1842  division by other laws of Florida or by the laws of the States
 1843  of Alabama, Georgia, Kentucky, Mississippi, North Carolina,
 1844  South Carolina, Tennessee, Virginia, and West Virginia or by the
 1845  Congress or the terms of the compact.
 1846         Section 68. Subsections (1) and (2) of section 590.42,
 1847  Florida Statutes, are amended to read:
 1848         590.42 Federally funded fire protection assistance
 1849  programs.—
 1850         (1) The Florida Forest Service Division of Forestry of the
 1851  Department of Agriculture and Consumer Services may enter into
 1852  agreements with the Secretary of Agriculture of the United
 1853  States in order to participate in the Federal Rural Community
 1854  Fire Protection Program authorized by Pub. L. No. 92-419,
 1855  whereby the Federal Government provides financial assistance to
 1856  the states on a matching basis of up to 50 percent of
 1857  expenditures for such purposes.
 1858         (2) With respect to the formulation of projects relating to
 1859  fire protection of livestock, wildlife, crops, pastures,
 1860  orchards, rangeland, woodland, farmsteads, or other
 1861  improvements, and other values in rural areas, for which such
 1862  federal matching funds are available, any participating county
 1863  or fire department may contribute to the nonfederal matching
 1864  share and may also contribute such other nonfederal cooperation
 1865  as may be deemed necessary by the Florida Forest Service
 1866  division.
 1867         Section 69. Subsection (6) of section 591.17, Florida
 1868  Statutes, is amended to read:
 1869         591.17 Community forests; definitions.—The terms
 1870  hereinafter used, unless the text clearly indicates a different
 1871  meaning, shall be as follows:
 1872         (6) The term “division” shall mean the Division of Forestry
 1873  of the Department of Agriculture and Consumer Services.
 1874         Section 70. Section 591.18, Florida Statutes, is amended to
 1875  read:
 1876         591.18 Community forests; purchase or establishment.—All
 1877  counties, cities, towns, or school districts, through their
 1878  governing boards, are hereby empowered to establish, from lands
 1879  owned by such county, city, town, or school district in fee
 1880  simple, or to acquire by purchase or gift, lands at present
 1881  covered with forest or tree growth, or suitable for the growth
 1882  of trees, and to administer the same under the direction of the
 1883  Florida Forest Service Division of Forestry, in accordance with
 1884  the practice and principles of scientific forestry, for the
 1885  benefit of the said counties, cities, towns, or school
 1886  districts. Such tracts may be of any size suitable for the
 1887  purpose but must be located within the county embracing the
 1888  county, city, town, or school district, provided that it shall
 1889  be requisite for the governing board availing itself of the
 1890  provisions of this law to submit to the Florida Forest Service
 1891  Division of Forestry, and secure its approval of the area and
 1892  location of any lands proposed to be acquired or used for the
 1893  purposes of county, city, town, or school district forests.
 1894         Section 71. Section 591.19, Florida Statutes, is amended to
 1895  read:
 1896         591.19 Community forests; tax delinquent lands.—The
 1897  Department of Revenue, the Board of Trustees of the Internal
 1898  Improvement Trust Fund, counties, cities, towns, school
 1899  districts, or any other public agency holding fee simple or tax
 1900  certificate lands are hereby empowered to, and may, upon
 1901  application to them, transfer title of fee simple lands not in
 1902  other public use to any county, city, town, or school district
 1903  for forest purposes as described under this law, provided such
 1904  lands are approved by the Florida Forest Service Division of
 1905  Forestry for this purpose.
 1906         Section 72. Section 591.20, Florida Statutes, is amended to
 1907  read:
 1908         591.20 Community forests; forestry committee.—The governing
 1909  board of any county, city, town, or school district desiring to
 1910  establish community forests after enactment of this law shall
 1911  appoint a forestry committee, consisting of three members, as
 1912  follows: one member of governing board, one member from the
 1913  Florida Forest Service Division of Forestry to be designated by
 1914  the Florida Forest Service division, and one taxpayer of the
 1915  county, city, town, or school district not a member of the
 1916  governing board. The first two members of such committee shall
 1917  hold office until replaced in their respective official
 1918  positions. The third member shall hold office for 3 years. Any
 1919  vacancy shall be filled at the first regular session of the
 1920  governing board after the vacancy occurs. The president of the
 1921  committee shall be selected by the three members for a 1-year
 1922  term at their first regular meeting. The representative of the
 1923  Florida Forest Service Division of Forestry shall not serve as
 1924  an officer of the committee nor be responsible for making
 1925  reports. All members shall serve without compensation, but shall
 1926  be reimbursed for travel expenses as provided in s. 112.061.
 1927         Section 73. Section 591.24, Florida Statutes, is amended to
 1928  read:
 1929         591.24 Community forests; fiscal reports.—A fiscal year
 1930  report of expenditures, income, sales, development and
 1931  management shall be made by the forestry committee to the
 1932  governing board of the county, city, town, or school district,
 1933  and a copy sent to the Florida Forest Service Division of
 1934  Forestry. All reports shall be audited by the regular auditor of
 1935  the county, city, town, or school district.
 1936         Section 74. Section 591.25, Florida Statutes, is amended to
 1937  read:
 1938         591.25 Community forests; fire protection, etc.—All lands
 1939  entered or acquired under the provisions of this law shall be
 1940  protected at all times from wildfire and shall be kept and
 1941  maintained as a permanent public forest except as hereinafter
 1942  provided. The timber growing thereon shall be cut in accordance
 1943  with forestry methods approved by the Florida Forest Service
 1944  Division of Forestry and in such a manner as to perpetuate
 1945  succeeding stands of trees. All such forest lands shall be open
 1946  to the use of the public for recreational purposes so far as
 1947  such recreational purposes do not interfere with, or prevent the
 1948  use of, such lands to the best advantage as a public forest as
 1949  determined by the forestry committee.
 1950         Section 75. Paragraph (b) of subsection (1) and paragraph
 1951  (b) of subsection (2) of section 633.115, Florida Statutes, are
 1952  amended to read:
 1953         633.115 Fire and Emergency Incident Information Reporting
 1954  Program; duties; fire reports.—
 1955         (1)
 1956         (b) The Division of State Fire Marshal shall consult with
 1957  the Florida Forest Service Division of Forestry of the
 1958  Department of Agriculture and Consumer Services and the Bureau
 1959  of Emergency Medical Services of the Department of Health to
 1960  coordinate data, ensure accuracy of the data, and limit
 1961  duplication of efforts in data collection, analysis, and
 1962  reporting.
 1963         (2) The Fire and Emergency Incident Information System
 1964  Technical Advisory Panel is created within the Division of State
 1965  Fire Marshal. The panel shall advise, review, and recommend to
 1966  the State Fire Marshal with respect to the requirements of this
 1967  section. The membership of the panel shall consist of the
 1968  following 15 members:
 1969         (b) One member from the Florida Forest Service Division of
 1970  Forestry of the Department of Agriculture and Consumer Services,
 1971  appointed by the division director of the Florida Forest
 1972  Service.
 1973         Section 76. Paragraph (e) of subsection (6) of section
 1974  633.821, Florida Statutes, is amended to read:
 1975         633.821 Workplace safety.—
 1976         (6)
 1977         (e) This subsection does not apply to wildland or
 1978  prescribed live fire training exercises sanctioned by the
 1979  Florida Forest Service Division of Forestry of the Department of
 1980  Agriculture and Consumer Services or the National Wildfire
 1981  Coordinating Group.
 1982         Section 77. Subsection (1) of section 790.15, Florida
 1983  Statutes, is amended to read:
 1984         790.15 Discharging firearm in public.—
 1985         (1) Except as provided in subsection (2) or subsection (3),
 1986  any person who knowingly discharges a firearm in any public
 1987  place or on the right-of-way of any paved public road, highway,
 1988  or street or whosoever knowingly discharges any firearm over the
 1989  right-of-way of any paved public road, highway, or street or
 1990  over any occupied premises is guilty of a misdemeanor of the
 1991  first degree, punishable as provided in s. 775.082 or s.
 1992  775.083. This section does not apply to a person lawfully
 1993  defending life or property or performing official duties
 1994  requiring the discharge of a firearm or to a person discharging
 1995  a firearm on public roads or properties expressly approved for
 1996  hunting by the Fish and Wildlife Conservation Commission or
 1997  Florida Forest Service Division of Forestry.
 1998         Reviser’s note.—Amended pursuant to the directive to the
 1999         Division of Statutory Revision in s. 12, ch. 2011-56, Laws
 2000         of Florida, to prepare a reviser’s bill for introduction at
 2001         a subsequent session of the Legislature which replaces all
 2002         statutory references to the Division of Forestry with the
 2003         term “Florida Forest Service.”
 2004         Section 78. This act shall take effect on the 60th day
 2005  after adjournment sine die of the session of the Legislature in
 2006  which enacted.