Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1628
                                Barcode 693226                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2013           .                                

       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
    1         Senate Amendment 
    3         Delete lines 905 - 1024
    4  and insert:
    5  across the authorized area into entirely unburned fuels within
    6  the authorized area Wildland burning or certified prescribed
    7  burning, no spreading flames exist.
    8         2. Certified pile Vegetative land-clearing debris burning
    9  or pile burning, no visible flames exist.
   10         3. Certified pile Vegetative land-clearing debris burning
   11  or pile burning in an area designated as smoke sensitive by the
   12  Florida Forest Service, no visible flames, smoke, or emissions
   13  exist.
   14         (g) “Gross negligence” means conduct so reckless or wanting
   15  in care that it constitutes a conscious disregard or
   16  indifference to the life, safety, or rights of persons exposed
   17  to such conduct.
   18         (d) “Land-clearing operation” means the uprooting or
   19  clearing of vegetation in connection with the construction of
   20  buildings and rights-of-way, land development, and mineral
   21  operations. The term does not include the clearing of yard
   22  trash.
   23         (h)(e) “Pile burning” means the burning of silvicultural,
   24  agricultural, or land-clearing, or and tree-cutting debris
   25  originating onsite, which is stacked together in a round or
   26  linear fashion, including, but not limited to, a windrow. Pile
   27  burning authorized by the Florida Forest Service is a temporary
   28  procedure, which operates on the same site for 6 months or less.
   29         (i) “Pile burn plan” means a written plan establishing the
   30  method of conducting a certified pile burn.
   31         (j)(f) “Prescribed burning” means the controlled
   32  application of fire by broadcast burning in accordance with a
   33  written prescription for vegetative fuels under specified
   34  environmental conditions, while following appropriate
   35  precautionary measures to guard against the spread of fire
   36  beyond that ensure that the fire is confined to a predetermined
   37  area to accomplish the planned fire or land management
   38  objectives.
   39         (k)(g) “Prescription” means a written plan establishing the
   40  conditions and method for conducting criteria necessary for
   41  starting, controlling, and extinguishing a certified prescribed
   42  burn.
   43         (l) “Smoldering” means the continued consumption of fuels,
   44  which may emit flames and smoke, after a fire is contained.
   45         (m)(h) “Yard trash” means vegetative matter resulting from
   46  landscaping and yard maintenance operations and other such
   47  routine property cleanup activities. The term includes materials
   48  such as leaves, shrub trimmings, grass clippings, brush, and
   49  palm fronds.
   50         (2) NONCERTIFIED BURNING.—
   51         (a) Persons may be authorized to broadcast burn or pile
   52  burn wild land or vegetative land-clearing debris in accordance
   53  with this subsection if:
   54         1. There is specific consent of the landowner or his or her
   55  designee;
   56         2. Authorization has been obtained from the Florida Forest
   57  Service or its designated agent before starting the burn;
   58         3. There are adequate firebreaks at the burn site and
   59  sufficient personnel and firefighting equipment for the
   60  containment control of the fire;
   61         4. The fire remains within the boundary of the authorized
   62  area;
   63         5. The person named responsible in the burn authorization
   64  or a designee An authorized person is present at the burn site
   65  until the fire is completed extinguished;
   66         6. The Florida Forest Service does not cancel the
   67  authorization; and
   68         7. The Florida Forest Service determines that air quality
   69  and fire danger are favorable for safe burning.
   70         (b) A person who broadcast burns or pile burns wild land or
   71  vegetative land-clearing debris in a manner that violates any
   72  requirement of this subsection commits a misdemeanor of the
   73  second degree, punishable as provided in s. 775.082 or s.
   74  775.083.
   76  PURPOSE.—
   77         (b) Certified prescribed burning pertains only to broadcast
   78  burning for purposes of silviculture, wildland fire hazard
   79  reduction, wildlife management, ecological maintenance and
   80  restoration, and agriculture range and pasture management. It
   81  must be conducted in accordance with this subsection and:
   82         1. May be accomplished only when a certified prescribed
   83  burn manager is present on site with a copy of the prescription
   84  and directly supervises the certified prescribed burn until the
   85  burn is completed, after which the certified prescribed burn
   86  manager is not required to be present from ignition of the burn
   87  to its completion.
   88         2. Requires that a written prescription be prepared before
   89  receiving authorization to burn from the Florida Forest Service.
   90         a. A new prescription or authorization is not required for
   91  smoldering that occurs within the authorized burn area unless
   92  new ignitions are conducted by the certified prescribed burn
   93  manager.
   94         b. Monitoring the smoldering activity of a certified
   95  prescribed burn does not require a prescription or an additional
   96  authorization even if flames begin to spread within the
   97  authorized burn area due to ongoing smoldering.
   98         3. Requires that the specific consent of the landowner or
   99  his or her designee be obtained before requesting an
  100  authorization.
  101         4. Requires that an authorization to burn be obtained from
  102  the Florida Forest Service before igniting the burn.
  103         5. Requires that there be adequate firebreaks at the burn
  104  site and sufficient personnel and firefighting equipment to
  105  contain for the control of the fire within the authorized burn
  106  area.
  107         a. Fire spreading outside the authorized burn area on the
  108  day of the certified prescribed burn ignition does not
  109  constitute conclusive proof of inadequate firebreaks,
  110  insufficient personnel, or a lack of firefighting equipment.
  111         b. If the certified prescribed burn is contained within the
  112  authorized burn area during the authorized period, a strong
  113  rebuttable presumption shall exist that adequate firebreaks,
  114  sufficient personnel, and sufficient firefighting equipment were
  115  present.
  116         c. Continued smoldering of a certified prescribed burn
  117  resulting in a subsequent wildfire does not by itself constitute
  118  evidence of gross negligence under this section.
  119         6. Is considered to be in the public interest and does not
  120  constitute a public or private nuisance when conducted under
  121  applicable state air pollution statutes and rules.
  122         7. Is considered to be a property right of the property
  123  owner if vegetative fuels are burned as required in this
  124  subsection.
  125         (c) Neither A property owner or leaseholder, nor his or her
  126  agent,