Florida Senate - 2011                                    SB 1046
       
       
       
       By Senator Montford
       
       
       
       
       6-01371-11                                            20111046__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending ss. 121.0515, 125.27,
    4         253.036, 258.501, 259.035, 259.036, 259.037, 259.101,
    5         259.105, 259.10521, 260.0142, 261.03, 261.04, 261.06,
    6         261.12, 317.0010, 317.0016, 373.591, 379.226,
    7         403.7071, 479.16, 570.548, 570.549, 570.903, 581.1843,
    8         589.01, 589.011, 589.012, 589.04, 589.06, 589.07,
    9         589.071, 589.08, 589.081, 589.09, 589.10, 589.101,
   10         589.11, 589.12, 589.13, 589.14, 589.18, 589.19,
   11         589.20, 589.21, 589.26, 589.27, 589.275, 589.277,
   12         589.28, 589.29, 589.30, 589.31, 589.32, 589.33,
   13         589.34, 590.015, 590.02, 590.42, 591.17, 591.18,
   14         591.19, 591.20, 591.24, 591.25, 633.115, 633.821, and
   15         790.15, F.S.; renaming the Division of Forestry within
   16         the department as the “Florida Forest Service”;
   17         replacing the term “Division of Forestry” with the
   18         term “Florida Forest Service” and replacing the term
   19         “division” with the term “agency”; making conforming
   20         changes; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (2) of section 121.0515, Florida
   25  Statutes, is amended to read:
   26         121.0515 Special risk membership.—
   27         (2) CRITERIA.—A member, to be designated as a special risk
   28  member, must meet any of the following criteria:
   29         (a) The member must be employed as a law enforcement
   30  officer and be certified, or required to be certified, in
   31  compliance with s. 943.1395; however, sheriffs and elected
   32  police chiefs shall be excluded from meeting the certification
   33  requirements of this paragraph. In addition, the member’s duties
   34  and responsibilities must include the pursuit, apprehension, and
   35  arrest of law violators or suspected law violators; or the
   36  member must be an active member of a bomb disposal unit whose
   37  primary responsibility is the location, handling, and disposal
   38  of explosive devices; or the member must be the supervisor or
   39  command officer of a member or members who have such
   40  responsibilities; provided, however, administrative support
   41  personnel, including, but not limited to, those whose primary
   42  duties and responsibilities are in accounting, purchasing,
   43  legal, and personnel, shall not be included.;
   44         (b) The member must be employed as a firefighter and be
   45  certified, or required to be certified, in compliance with s.
   46  633.35 and be employed solely within the fire department of a
   47  local government employer or an agency of state government with
   48  firefighting responsibilities. In addition, the member’s duties
   49  and responsibilities must include on-the-scene fighting of
   50  fires, fire prevention, or firefighter training; direct
   51  supervision of firefighting units, fire prevention, or
   52  firefighter training; or aerial firefighting surveillance
   53  performed by fixed-wing aircraft pilots employed by the Florida
   54  Forest Service Division of Forestry of the Department of
   55  Agriculture and Consumer Services; or the member must be the
   56  supervisor or command officer of a member or members who have
   57  such responsibilities; provided, however, administrative support
   58  personnel, including, but not limited to, those whose primary
   59  duties and responsibilities are in accounting, purchasing,
   60  legal, and personnel, shall not be included and further provided
   61  that all periods of creditable service in fire prevention or
   62  firefighter training, or as the supervisor or command officer of
   63  a member or members who have such responsibilities, and for
   64  which the employer paid the special risk contribution rate,
   65  shall be included.;
   66         (c) The member must be employed as a correctional officer
   67  and be certified, or required to be certified, in compliance
   68  with s. 943.1395. In addition, the member’s primary duties and
   69  responsibilities must be the custody, and physical restraint
   70  when necessary, of prisoners or inmates within a prison, jail,
   71  or other criminal detention facility, or while on work detail
   72  outside the facility, or while being transported; or the member
   73  must be the supervisor or command officer of a member or members
   74  who have such responsibilities; provided, however,
   75  administrative support personnel, including, but not limited to,
   76  those whose primary duties and responsibilities are in
   77  accounting, purchasing, legal, and personnel, shall not be
   78  included; however, wardens and assistant wardens, as defined by
   79  rule, shall participate in the Special Risk Class.;
   80         (d) The member must be employed by a licensed Advance Life
   81  Support (ALS) or Basic Life Support (BLS) employer as an
   82  emergency medical technician or a paramedic and be certified in
   83  compliance with s. 401.27. In addition, the member’s primary
   84  duties and responsibilities must include on-the-scene emergency
   85  medical care or direct supervision of emergency medical
   86  technicians or paramedics, or the member must be the supervisor
   87  or command officer of one or more members who have such
   88  responsibility. However, administrative support personnel,
   89  including, but not limited to, those whose primary
   90  responsibilities are in accounting, purchasing, legal, and
   91  personnel, shall not be included.;
   92         (e) The member must be employed as a community-based
   93  correctional probation officer and be certified, or required to
   94  be certified, in compliance with s. 943.1395. In addition, the
   95  member’s primary duties and responsibilities must be the
   96  supervised custody, surveillance, control, investigation, and
   97  counseling of assigned inmates, probationers, parolees, or
   98  community controllees within the community; or the member must
   99  be the supervisor of a member or members who have such
  100  responsibilities. Administrative support personnel, including,
  101  but not limited to, those whose primary duties and
  102  responsibilities are in accounting, purchasing, legal services,
  103  and personnel management, shall not be included; however,
  104  probation and parole circuit and deputy circuit administrators
  105  shall participate in the Special Risk Class.;
  106         (f) The member must be employed in one of the following
  107  classes and must spend at least 75 percent of his or her time
  108  performing duties which involve contact with patients or inmates
  109  in a correctional or forensic facility or institution:
  110         1. Dietitian (class codes 5203 and 5204);
  111         2. Public health nutrition consultant (class code 5224);
  112         3. Psychological specialist (class codes 5230 and 5231);
  113         4. Psychologist (class code 5234);
  114         5. Senior psychologist (class codes 5237 and 5238);
  115         6. Regional mental health consultant (class code 5240);
  116         7. Psychological Services Director—DCF (class code 5242);
  117         8. Pharmacist (class codes 5245 and 5246);
  118         9. Senior pharmacist (class codes 5248 and 5249);
  119         10. Dentist (class code 5266);
  120         11. Senior dentist (class code 5269);
  121         12. Registered nurse (class codes 5290 and 5291);
  122         13. Senior registered nurse (class codes 5292 and 5293);
  123         14. Registered nurse specialist (class codes 5294 and
  124  5295);
  125         15. Clinical associate (class codes 5298 and 5299);
  126         16. Advanced registered nurse practitioner (class codes
  127  5297 and 5300);
  128         17. Advanced registered nurse practitioner specialist
  129  (class codes 5304 and 5305);
  130         18. Registered nurse supervisor (class codes 5306 and
  131  5307);
  132         19. Senior registered nurse supervisor (class codes 5308
  133  and 5309);
  134         20. Registered nursing consultant (class codes 5312 and
  135  5313);
  136         21. Quality management program supervisor (class code
  137  5314);
  138         22. Executive nursing director (class codes 5320 and 5321);
  139         23. Speech and hearing therapist (class code 5406); or
  140         24. Pharmacy manager (class code 5251).;
  141         (g) The member must be employed as a youth custody officer
  142  and be certified, or required to be certified, in compliance
  143  with s. 943.1395. In addition, the member’s primary duties and
  144  responsibilities must be the supervised custody, surveillance,
  145  control, investigation, apprehension, arrest, and counseling of
  146  assigned juveniles within the community.;
  147         (h) Effective October 1, 2005, through June 30, 2008, the
  148  member must be employed by a law enforcement agency or medical
  149  examiner’s office in a forensic discipline recognized by the
  150  International Association for Identification and must qualify
  151  for active membership in the International Association for
  152  Identification. The member’s primary duties and responsibilities
  153  must include the collection, examination, preservation,
  154  documentation, preparation, or analysis of physical evidence or
  155  testimony, or both, or the member must be the direct supervisor,
  156  quality management supervisor, or command officer of one or more
  157  individuals with such responsibility. Administrative support
  158  personnel, including, but not limited to, those whose primary
  159  responsibilities are clerical or in accounting, purchasing,
  160  legal, and personnel, shall not be included.;
  161         (i) Effective July 1, 2008, The member must be employed by
  162  the Department of Law Enforcement in the crime laboratory or by
  163  the Division of State Fire Marshal in the forensic laboratory in
  164  one of the following classes:
  165         1. Forensic technologist (class code 8459);
  166         2. Crime laboratory technician (class code 8461);
  167         3. Crime laboratory analyst (class code 8463);
  168         4. Senior crime laboratory analyst (class code 8464);
  169         5. Crime laboratory analyst supervisor (class code 8466);
  170         6. Forensic chief (class code 9602); or
  171         7. Forensic services quality manager (class code 9603).;
  172         (j) Effective July 1, 2008, the member must be employed by
  173  a local government law enforcement agency or medical examiner’s
  174  office and must spend at least 65 percent of his or her time
  175  performing duties that involve the collection, examination,
  176  preservation, documentation, preparation, or analysis of human
  177  tissues or fluids or physical evidence having potential
  178  biological, chemical, or radiological hazard or contamination,
  179  or use chemicals, processes, or materials that may have
  180  carcinogenic or health-damaging properties in the analysis of
  181  such evidence, or the member must be the direct supervisor of
  182  one or more individuals having such responsibility. If a special
  183  risk member changes to another position within the same agency,
  184  he or she must submit a complete application as provided in
  185  paragraph (3)(a).; or
  186         (k) The member must have already qualified for and be
  187  actively participating in special risk membership under
  188  paragraph (a), paragraph (b), or paragraph (c), must have
  189  suffered a qualifying injury as defined in this paragraph, must
  190  not be receiving disability retirement benefits as provided in
  191  s. 121.091(4), and must satisfy the requirements of this
  192  paragraph.
  193         1. The ability to qualify for the class of membership
  194  defined in s. 121.021(15)(f) shall occur when two licensed
  195  medical physicians, one of whom is a primary treating physician
  196  of the member, certify the existence of the physical injury and
  197  medical condition that constitute a qualifying injury as defined
  198  in this paragraph and that the member has reached maximum
  199  medical improvement after August 1, 2008. The certifications
  200  from the licensed medical physicians must include, at a minimum,
  201  that the injury to the special risk member has resulted in a
  202  physical loss, or loss of use, of at least two of the following:
  203  left arm, right arm, left leg, or right leg; and:
  204         a. That this physical loss or loss of use is total and
  205  permanent, except in the event that the loss of use is due to a
  206  physical injury to the member’s brain, in which event the loss
  207  of use is permanent with at least 75-percent loss of motor
  208  function with respect to each arm or leg affected.
  209         b. That this physical loss or loss of use renders the
  210  member physically unable to perform the essential job functions
  211  of his or her special risk position.
  212         c. That, notwithstanding this physical loss or loss of use,
  213  the individual is able to perform the essential job functions
  214  required by the member’s new position, as provided in
  215  subparagraph 3.
  216         d. That use of artificial limbs is either not possible or
  217  does not alter the member’s ability to perform the essential job
  218  functions of the member’s position.
  219         e. That the physical loss or loss of use is a direct result
  220  of a physical injury and not a result of any mental,
  221  psychological, or emotional injury.
  222         2. For the purposes of this paragraph, “qualifying injury”
  223  means an injury sustained in the line of duty, as certified by
  224  the member’s employing agency, by a special risk member that
  225  does not result in total and permanent disability as defined in
  226  s. 121.091(4)(b). An injury is a qualifying injury when the
  227  injury is a physical injury to the member’s physical body
  228  resulting in a physical loss, or loss of use, of at least two of
  229  the following: left arm, right arm, left leg, or right leg.
  230  Notwithstanding anything in this section to the contrary, an
  231  injury that would otherwise qualify as a qualifying injury shall
  232  not be considered a qualifying injury if and when the member
  233  ceases employment with the employer for whom he or she was
  234  providing special risk services on the date the injury occurred.
  235         3. The new position, as described in sub-subparagraph 1.c.,
  236  that is required for qualification as a special risk member
  237  under this paragraph is not required to be a position with
  238  essential job functions that entitle an individual to special
  239  risk membership. Whether a new position as described in sub
  240  subparagraph 1.c. exists and is available to the special risk
  241  member is a decision to be made solely by the employer in
  242  accordance with its hiring practices and applicable law.
  243         4. This paragraph does not grant or create additional
  244  rights for any individual to continued employment or to be hired
  245  or rehired by his or her employer that are not already provided
  246  within the Florida Statutes, the State Constitution, the
  247  Americans with Disabilities Act, if applicable, or any other
  248  applicable state or federal law.
  249         Section 2. Paragraph (a) of subsection (1) and subsection
  250  (2) of section 125.27, Florida Statutes, are amended to read:
  251         125.27 Countywide forest fire protection; authority of the
  252  Florida Forest Service Division of Forestry; state funding;
  253  county fire control assessments; disposition; equipment
  254  donations.—
  255         (1) The Florida Forest Service Division of Forestry of the
  256  Department of Agriculture and Consumer Services and the board of
  257  county commissioners of each county in this state shall enter
  258  into agreements for the establishment and maintenance of
  259  countywide fire protection of all forest and wild lands within
  260  said county, with the total cost of such fire protection being
  261  funded by state and federal funds. Each county shall, under the
  262  terms of such agreements, be assessed each fiscal year, as its
  263  share of the cost of providing such fire protection, a sum in
  264  dollars equal to the total forest and wild land acreage of the
  265  county, as determined by the Florida Forest Service Division of
  266  Forestry, multiplied by 7 cents. The forest and wild lands
  267  acreage included in such agreements shall be reviewed each year
  268  by the contracting parties and the number of forest and wild
  269  land acres and the annual fire control assessment adjusted so as
  270  to reflect the current forest acreage of the county. In the
  271  event the agency division and the county commissioners do not
  272  agree, the Board of Trustees of the Internal Improvement Trust
  273  Fund shall make such acreage determination. All fire control
  274  assessments received by the Florida Forest Service Division of
  275  Forestry from the several counties under agreements made
  276  pursuant to this section shall be deposited as follows:
  277         (a) An amount equal to the total forest land and wild land
  278  acreage of the counties, multiplied by 4 cents, shall be
  279  distributed to the Incidental Trust Fund of the Florida Forest
  280  Service Division of Forestry; and
  281         (2) The Florida Forest Service Division of Forestry may
  282  include provisions in the agreements authorized in this section,
  283  or execute separate or supplemental agreements with the several
  284  counties, county agencies, or municipalities, to provide
  285  communication services and other services directly related to
  286  fire protection within the county, other than forest fire
  287  control, on a cost reimbursable basis only, provided the
  288  rendering of such services does not hinder or impede in any way
  289  the agency’s division’s ability to accomplish its primary
  290  function with respect to forest fire control.
  291         Section 3. Section 253.036, Florida Statutes, is amended to
  292  read:
  293         253.036 Forest management.—All land management plans
  294  described in s. 253.034(5) which are prepared for parcels larger
  295  than 1,000 acres shall contain an analysis of the multiple-use
  296  potential of the parcel, which analysis shall include the
  297  potential of the parcel to generate revenues to enhance the
  298  management of the parcel. The lead agency shall prepare the
  299  analysis, which shall contain a component or section prepared by
  300  a qualified professional forester which assesses the feasibility
  301  of managing timber resources on the parcel for resource
  302  conservation and revenue generation purposes through a
  303  stewardship ethic that embraces sustainable forest management
  304  practices if the lead management agency determines that the
  305  timber resource management is not in conflict with the primary
  306  management objectives of the parcel. For purposes of this
  307  section, practicing sustainable forest management means meeting
  308  the needs of the present without compromising the ability of
  309  future generations to meet their own needs by practicing a land
  310  stewardship ethic which integrates the reforestation, managing,
  311  growing, nurturing, and harvesting of trees for useful products
  312  with the conservation of soil, air and water quality, wildlife
  313  and fish habitat, and aesthetics. The Legislature intends that
  314  each lead management agency, whenever practicable and cost
  315  effective, use the services of the Florida Forest Service
  316  Division of Forestry of the Florida Department of Agriculture
  317  and Consumer Services or other qualified private sector
  318  professional forester in completing such feasibility assessments
  319  and implementing timber resource management. The Legislature
  320  further intends that the lead management agency develop a
  321  memorandum of agreement with the Florida Forest Service Division
  322  of Forestry to provide for full reimbursement for any services
  323  provided for the feasibility assessments or timber resource
  324  management. All additional revenues generated through multiple
  325  use management or compatible secondary use management shall be
  326  returned to the lead agency responsible for such management and
  327  shall be used to pay for management activities on all
  328  conservation, preservation, and recreation lands under the
  329  agency’s jurisdiction. In addition, such revenue shall be
  330  segregated in an agency trust fund and shall remain available to
  331  the agency in subsequent fiscal years to support land management
  332  appropriations.
  333         Section 4. Paragraph (a) of subsection (7) of section
  334  258.501, Florida Statutes, is amended to read:
  335         258.501 Myakka River; wild and scenic segment.—
  336         (7) MANAGEMENT COORDINATING COUNCIL.—
  337         (a) Upon designation, the department shall create a
  338  permanent council to provide interagency and intergovernmental
  339  coordination in the management of the river. The coordinating
  340  council shall be composed of one representative appointed from
  341  each of the following: the department, the Department of
  342  Transportation, the Fish and Wildlife Conservation Commission,
  343  the Department of Community Affairs, the Florida Forest Service
  344  Division of Forestry of the Department of Agriculture and
  345  Consumer Services, the Division of Historical Resources of the
  346  Department of State, the Tampa Bay Regional Planning Council,
  347  the Southwest Florida Water Management District, the Southwest
  348  Florida Regional Planning Council, Manatee County, Sarasota
  349  County, Charlotte County, the City of Sarasota, the City of
  350  North Port, agricultural interests, environmental organizations,
  351  and any others deemed advisable by the department.
  352         Section 5. Paragraph (b) of subsection (1) of section
  353  259.035, Florida Statutes, is amended to read:
  354         259.035 Acquisition and Restoration Council.—
  355         (1) There is created the Acquisition and Restoration
  356  Council.
  357         (b) The five remaining appointees shall be composed of the
  358  Secretary of Environmental Protection, the director of the
  359  Florida Forest Service Division of Forestry of the Department of
  360  Agriculture and Consumer Services, the executive director of the
  361  Fish and Wildlife Conservation Commission, the director of the
  362  Division of Historical Resources of the Department of State, and
  363  the secretary of the Department of Community Affairs, or their
  364  respective designees.
  365         Section 6. Paragraph (a) of subsection (1) of section
  366  259.036, Florida Statutes, is amended to read:
  367         259.036 Management review teams.—
  368         (1) To determine whether conservation, preservation, and
  369  recreation lands titled in the name of the Board of Trustees of
  370  the Internal Improvement Trust Fund are being managed for the
  371  purposes for which they were acquired and in accordance with a
  372  land management plan adopted pursuant to s. 259.032, the board
  373  of trustees, acting through the Department of Environmental
  374  Protection, shall cause periodic management reviews to be
  375  conducted as follows:
  376         (a) The department shall establish a regional land
  377  management review team composed of the following members:
  378         1. One individual who is from the county or local community
  379  in which the parcel or project is located and who is selected by
  380  the county commission in the county which is most impacted by
  381  the acquisition.
  382         2. One individual from the Division of Recreation and Parks
  383  of the department.
  384         3. One individual from the Florida Forest Service Division
  385  of Forestry of the Department of Agriculture and Consumer
  386  Services.
  387         4. One individual from the Fish and Wildlife Conservation
  388  Commission.
  389         5. One individual from the department’s district office in
  390  which the parcel is located.
  391         6. A private land manager mutually agreeable to the state
  392  agency representatives.
  393         7. A member of the local soil and water conservation
  394  district board of supervisors.
  395         8. A member of a conservation organization.
  396         Section 7. Subsection (1) of section 259.037, Florida
  397  Statutes, is amended to read:
  398         259.037 Land Management Uniform Accounting Council.—
  399         (1) The Land Management Uniform Accounting Council is
  400  created within the Department of Environmental Protection and
  401  shall consist of the director of the Division of State Lands,
  402  the director of the Division of Recreation and Parks, the
  403  director of the Office of Coastal and Aquatic Managed Areas, and
  404  the director of the Office of Greenways and Trails of the
  405  Department of Environmental Protection; the director of the
  406  Florida Forest Service Division of Forestry of the Department of
  407  Agriculture and Consumer Services; the executive director of the
  408  Fish and Wildlife Conservation Commission; and the director of
  409  the Division of Historical Resources of the Department of State,
  410  or their respective designees. Each state agency represented on
  411  the council shall have one vote. The chair of the council shall
  412  rotate annually in the foregoing order of state agencies. The
  413  agency of the representative serving as chair of the council
  414  shall provide staff support for the council. The Division of
  415  State Lands shall serve as the recipient of and repository for
  416  the council’s documents. The council shall meet at the request
  417  of the chair.
  418         Section 8. Paragraph (e) of subsection (3) and subsection
  419  (5) of section 259.101, Florida Statutes, are amended to read:
  420         259.101 Florida Preservation 2000 Act.—
  421         (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
  422  of issuance, the costs of funding reserve accounts, and other
  423  costs with respect to the bonds, the proceeds of bonds issued
  424  pursuant to this act shall be deposited into the Florida
  425  Preservation 2000 Trust Fund created by s. 375.045. In fiscal
  426  year 2000-2001, for each Florida Preservation 2000 program
  427  described in paragraphs (a)-(g), that portion of each program’s
  428  total remaining cash balance which, as of June 30, 2000, is in
  429  excess of that program’s total remaining appropriation balances
  430  shall be redistributed by the department and deposited into the
  431  Save Our Everglades Trust Fund for land acquisition. For
  432  purposes of calculating the total remaining cash balances for
  433  this redistribution, the Florida Preservation 2000 Series 2000
  434  bond proceeds, including interest thereon, and the fiscal year
  435  1999-2000 General Appropriations Act amounts shall be deducted
  436  from the remaining cash and appropriation balances,
  437  respectively. The remaining proceeds shall be distributed by the
  438  Department of Environmental Protection in the following manner:
  439         (e) Two and nine-tenths percent to the Florida Forest
  440  Service Division of Forestry of the Department of Agriculture
  441  and Consumer Services to fund the acquisition of state forest
  442  inholdings and additions pursuant to s. 589.07.
  443  
  444  Local governments may use federal grants or loans, private
  445  donations, or environmental mitigation funds, including
  446  environmental mitigation funds required pursuant to s. 338.250,
  447  for any part or all of any local match required for the purposes
  448  described in this subsection. Bond proceeds allocated pursuant
  449  to paragraph (c) may be used to purchase lands on the priority
  450  lists developed pursuant to s. 259.035. Title to lands purchased
  451  pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
  452  vested in the Board of Trustees of the Internal Improvement
  453  Trust Fund. Title to lands purchased pursuant to paragraph (c)
  454  may be vested in the Board of Trustees of the Internal
  455  Improvement Trust Fund. The board of trustees shall hold title
  456  to land protection agreements and conservation easements that
  457  were or will be acquired pursuant to s. 380.0677, and the
  458  Southwest Florida Water Management District and the St. Johns
  459  River Water Management District shall monitor such agreements
  460  and easements within their respective districts until the state
  461  assumes this responsibility.
  462         (5) Any funds received by the Florida Forest Service
  463  Division of Forestry from the Preservation 2000 Trust Fund
  464  pursuant to paragraph (3)(e) shall be used only to pay the cost
  465  of the acquisition of lands in furtherance of outdoor recreation
  466  and natural resources conservation in this state. The
  467  administration and use of any funds received by the Florida
  468  Forest Service Division of Forestry from the Preservation 2000
  469  Trust Fund will be subject to such terms and conditions imposed
  470  thereon by the agency of the state responsible for the issuance
  471  of the revenue bonds, the proceeds of which are deposited in the
  472  Preservation 2000 Trust Fund, including restrictions imposed to
  473  ensure that the interest on any such revenue bonds issued by the
  474  state as tax-exempt revenue bonds will not be included in the
  475  gross income of the holders of such bonds for federal income tax
  476  purposes. All deeds or leases with respect to any real property
  477  acquired with funds received by the Florida Forest Service
  478  Division of Forestry from the Preservation 2000 Trust Fund shall
  479  contain such covenants and restrictions as are sufficient to
  480  ensure that the use of such real property at all times complies
  481  with s. 375.051 and s. 9, Art. XII of the 1968 Constitution of
  482  Florida; and shall contain reverter clauses providing for the
  483  reversion of title to such property to the Board of Trustees of
  484  the Internal Improvement Trust Fund or, in the case of a lease
  485  of such property, providing for termination of the lease upon a
  486  failure to use the property conveyed thereby for such purposes.
  487         Section 9. Paragraph (f) of subsection (3) of section
  488  259.105, Florida Statutes, is amended to read:
  489         259.105 The Florida Forever Act.—
  490         (3) Less the costs of issuing and the costs of funding
  491  reserve accounts and other costs associated with bonds, the
  492  proceeds of cash payments or bonds issued pursuant to this
  493  section shall be deposited into the Florida Forever Trust Fund
  494  created by s. 259.1051. The proceeds shall be distributed by the
  495  Department of Environmental Protection in the following manner:
  496         (f) One and five-tenths percent to the Florida Forest
  497  Service Division of Forestry of the Department of Agriculture
  498  and Consumer Services to fund the acquisition of state forest
  499  inholdings and additions pursuant to s. 589.07, the
  500  implementation of reforestation plans or sustainable forestry
  501  management practices, and for capital project expenditures as
  502  described in this section. At a minimum, 1 percent, and no more
  503  than 10 percent, of the funds allocated for the acquisition of
  504  inholdings and additions pursuant to this paragraph shall be
  505  spent on capital project expenditures identified during the time
  506  of acquisition which meet land management planning activities
  507  necessary for public access.
  508         Section 10. Paragraphs (c) and (d) of subsection (1),
  509  subsection (2), and paragraph (b) of subsection (3) of section
  510  259.10521, Florida Statutes, are amended to read:
  511         259.10521 Citizen support organization; use of property.—
  512         (1) DEFINITIONS.—For the purpose of this section, the
  513  “citizen support organization” means an organization that is:
  514         (c) Determined by the Fish and Wildlife Conservation
  515  Commission and the Florida Forest Service Division of Forestry
  516  within the Department of Agriculture and Consumer Services to be
  517  consistent with the goals of the state in acquiring the ranch
  518  and in the best interests of the state; and
  519         (d) Approved in writing by the Fish and Wildlife
  520  Conservation Commission and the Florida Forest Service Division
  521  of Forestry to operate for the direct or indirect benefit of the
  522  ranch and in the best interest of the state. Such approval shall
  523  be given in a letter of agreement from the Fish and Wildlife
  524  Conservation Commission and the Division of Forestry. Only one
  525  citizen support organization may be created to operate for the
  526  direct or indirect benefit of the Babcock Crescent B Ranch.
  527         (2) USE OF PROPERTY.—
  528         (a) The Fish and Wildlife Conservation Commission and the
  529  Florida Forest Service Division of Forestry may permit, without
  530  charge, appropriate use of fixed property and facilities of the
  531  Babcock Crescent B Ranch by a citizen support organization,
  532  subject to the provisions of this section. Such use must be
  533  directly in keeping with the approved purposes of the citizen
  534  support organization and may not be made at times or places that
  535  would unreasonably interfere with recreational opportunities for
  536  the general public.
  537         (b) The Fish and Wildlife Conservation Commission and the
  538  Florida Forest Service Division of Forestry may prescribe by
  539  rule any condition with which the citizen support organization
  540  shall comply in order to use fixed property or facilities of the
  541  ranch.
  542         (c) The Fish and Wildlife Conservation Commission and the
  543  Florida Forest Service Division of Forestry shall not permit the
  544  use of any fixed property or facilities of the ranch by a
  545  citizen support organization that does not provide equal
  546  membership and employment opportunities to all persons
  547  regardless of race, color, religion, sex, age, or national
  548  origin.
  549         (3) PARTNERSHIPS.—
  550         (b) The Legislature may annually appropriate funds from the
  551  Land Acquisition Trust Fund for use only as state matching
  552  funds, in conjunction with private donations in aggregates of at
  553  least $60,000, matched by $40,000 of state funds, for a total
  554  minimum project amount of $100,000 for capital improvement
  555  facility development at the ranch at either individually
  556  designated locations or for priority projects within the overall
  557  ranch system. The citizen support organization may acquire
  558  private donations pursuant to this section, and matching state
  559  funds for approved projects may be provided in accordance with
  560  this subsection. The Fish and Wildlife Conservation Commission
  561  and the Florida Forest Service Division of Forestry are
  562  authorized to properly recognize and honor a private donor by
  563  placing a plaque or other appropriate designation noting the
  564  contribution on project facilities or by naming project
  565  facilities after the person or organization that provided
  566  matching funds. The Fish and Wildlife Conservation Commission
  567  and the Florida Forest Service Division of Forestry are
  568  authorized to adopt necessary administrative rules to carry out
  569  the purposes of this subsection.
  570         Section 11. Paragraph (d) of subsection (1) of section
  571  260.0142, Florida Statutes, is amended to read:
  572         260.0142 Florida Greenways and Trails Council; composition;
  573  powers and duties.—
  574         (1) There is created within the department the Florida
  575  Greenways and Trails Council which shall advise the department
  576  in the execution of the department’s powers and duties under
  577  this chapter. The council shall be composed of 21 members,
  578  consisting of:
  579         (d) The 10 remaining members shall include:
  580         1. The Secretary of Environmental Protection or a designee.
  581         2. The executive director of the Fish and Wildlife
  582  Conservation Commission or a designee.
  583         3. The Secretary of Community Affairs or a designee.
  584         4. The Secretary of Transportation or a designee.
  585         5. The director of the Florida Forest Service Division of
  586  Forestry of the Department of Agriculture and Consumer Services
  587  or a designee.
  588         6. The director of the Division of Historical Resources of
  589  the Department of State or a designee.
  590         7. A representative of the water management districts.
  591  Membership on the council shall rotate among the five districts.
  592  The districts shall determine the order of rotation.
  593         8. A representative of a federal land management agency.
  594  The Secretary of Environmental Protection shall identify the
  595  appropriate federal agency and request designation of a
  596  representative from the agency to serve on the council.
  597         9. A representative of the regional planning councils to be
  598  appointed by the Secretary of Environmental Protection in
  599  consultation with the Secretary of Community Affairs. Membership
  600  on the council shall rotate among the seven regional planning
  601  councils. The regional planning councils shall determine the
  602  order of rotation.
  603         10. A representative of local governments to be appointed
  604  by the Secretary of Environmental Protection in consultation
  605  with the Secretary of Community Affairs. Membership shall
  606  alternate between a county representative and a municipal
  607  representative.
  608         Section 12. Subsections (4) and (11) of section 261.03,
  609  Florida Statutes, are amended to read:
  610         261.03 Definitions.—As used in this chapter, the term:
  611         (4) “Agency” “Division” means the Florida Forest Service
  612  Division of Forestry of the Department of Agriculture and
  613  Consumer Services.
  614         (11) “Trust fund” means the Incidental Trust Fund of the
  615  Florida Forest Service Division of Forestry of the Department of
  616  Agriculture and Consumer Services.
  617         Section 13. Subsection (1) of section 261.04, Florida
  618  Statutes, is amended to read:
  619         261.04 Off-Highway Vehicle Recreation Advisory Committee;
  620  members; appointment.—
  621         (1) Effective July 1, 2003, the Off-Highway Vehicle
  622  Recreation Advisory Committee is created within the Florida
  623  Forest Service Division of Forestry and consists of nine
  624  members, all of whom are appointed by the Commissioner of
  625  Agriculture. The appointees shall include one representative of
  626  the Department of Agriculture and Consumer Services, one
  627  representative of the Department of Highway Safety and Motor
  628  Vehicles, one representative of the Department of Environmental
  629  Protection’s Office of Greenways and Trails, one representative
  630  of the Fish and Wildlife Conservation Commission, one citizen
  631  with scientific expertise in disciplines relating to ecology,
  632  wildlife biology, or other environmental sciences, one
  633  representative of a licensed off-highway vehicle dealer, and
  634  three representatives of off-highway vehicle recreation groups.
  635  In making these appointments, the commissioner shall consider
  636  the places of residence of the members to ensure statewide
  637  representation.
  638         Section 14. Section 261.06, Florida Statutes, is amended to
  639  read:
  640         261.06 Functions, duties, and responsibilities of the
  641  department.—The following are functions, duties, and
  642  responsibilities of the department through the agency division:
  643         (1) Coordination of the planning, development,
  644  conservation, and rehabilitation of state lands in and for the
  645  system.
  646         (2) Coordination of the management, maintenance,
  647  administration, and operation of state lands in the system and
  648  the provision of law enforcement and appropriate public safety
  649  activities.
  650         (3) Management of the trust fund and approval of the
  651  advisory committee’s budget recommendations.
  652         (4) Implementation of the program, including the ultimate
  653  approval of grant applications submitted by governmental
  654  agencies or entities or nongovernmental entities.
  655         (5) Coordination to help ensure compliance with
  656  environmental laws and regulations of the program and lands in
  657  the system.
  658         (6) Implementation of the policies established by the
  659  advisory committee.
  660         (7) Provision of staff assistance to the advisory
  661  committee.
  662         (8) Preparation of plans for lands in, or proposed to be
  663  included in, the system.
  664         (9) Conducting surveys and the preparation of studies as
  665  are necessary or desirable for implementing the program.
  666         (10) Recruitment and utilization of volunteers to further
  667  the program.
  668         (11) Rulemaking authority to implement the provisions of
  669  ss. 261.01-261.10.
  670         Section 15. Section 261.12, Florida Statutes, is amended to
  671  read:
  672         261.12 Designated off-highway vehicle funds within the
  673  Incidental Trust Fund of the Florida Forest Service Division of
  674  Forestry of the Department of Agriculture and Consumer
  675  Services.—
  676         (1) The designated off-highway vehicle funds of the trust
  677  fund shall consist of deposits from the following sources:
  678         (a) Fees paid to the Department of Highway Safety and Motor
  679  Vehicles for the titling of off-highway vehicles.
  680         (b) Revenues and income from any other sources required by
  681  law or as appropriated by the Legislature to be deposited into
  682  the trust fund as designated off-highway vehicle funds.
  683         (c) Donations from private sources that are designated as
  684  off-highway vehicle funds.
  685         (d) Interest earned on designated off-highway vehicle funds
  686  on deposit in the trust fund.
  687         (2) Designated off-highway vehicle funds in the trust fund
  688  shall be available for recommended allocation by the Off-Highway
  689  Vehicle Recreation Advisory Committee and the Department of
  690  Agriculture and Consumer Services and upon annual appropriation
  691  by the Legislature, exclusively for the following:
  692         (a) Implementation of the Off-Highway Vehicle Recreation
  693  Program by the Department of Agriculture and Consumer Services,
  694  which includes personnel and other related expenses;
  695  administrative and operating expenses; expenses related to
  696  safety, training, rider education programs, management,
  697  maintenance, and rehabilitation of lands in the Off-Highway
  698  Vehicle Recreation Program’s system of lands and trails; and, if
  699  funds are available, acquisition of lands to be included in the
  700  system and the management, maintenance, and rehabilitation of
  701  such lands.
  702         (b) Approved grants to governmental agencies or entities or
  703  nongovernmental entities that wish to provide or improve off
  704  highway vehicle recreation areas or trails for public use on
  705  public lands, provide environmental protection and restoration
  706  to affected natural areas in the system, provide enforcement of
  707  applicable regulations related to the system and off-highway
  708  vehicle activities, or provide education in the operation of
  709  off-highway vehicles.
  710         (c) Matching funds to be used to match grant funds
  711  available from other sources.
  712         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  713  any balance of designated off-highway vehicle funds in the trust
  714  fund at the end of any fiscal year shall remain therein and
  715  shall be available for the purposes set out in this section and
  716  as otherwise provided by law.
  717         Section 16. Section 317.0010, Florida Statutes, is amended
  718  to read:
  719         317.0010 Disposition of fees.—The department shall deposit
  720  all funds received under this chapter, less administrative costs
  721  of $2 per title transaction, into the Incidental Trust Fund of
  722  the Florida Forest Service Division of Forestry of the
  723  Department of Agriculture and Consumer Services.
  724         Section 17. Section 317.0016, Florida Statutes, is amended
  725  to read:
  726         317.0016 Expedited service; applications; fees.—The
  727  department shall provide, through its agents and for use by the
  728  public, expedited service on title transfers, title issuances,
  729  duplicate titles, recordation of liens, and certificates of
  730  repossession. A fee of $7 shall be charged for this service,
  731  which is in addition to the fees imposed by ss. 317.0007 and
  732  317.0008, and $3.50 of this fee shall be retained by the
  733  processing agency. All remaining fees shall be deposited in the
  734  Incidental Trust Fund of the Florida Forest Service Division of
  735  Forestry of the Department of Agriculture and Consumer Services.
  736  Application for expedited service may be made by mail or in
  737  person. The department shall issue each title applied for
  738  pursuant to this section within 5 working days after receipt of
  739  the application except for an application for a duplicate title
  740  certificate covered by s. 317.0008(3), in which case the title
  741  must be issued within 5 working days after compliance with the
  742  department’s verification requirements.
  743         Section 18. Paragraph (h) of subsection (1) of section
  744  373.591, Florida Statutes, is amended to read:
  745         373.591 Management review teams.—
  746         (1) To determine whether conservation, preservation, and
  747  recreation lands titled in the names of the water management
  748  districts are being managed for the purposes for which they were
  749  acquired and in accordance with land management objectives, the
  750  water management districts shall establish land management
  751  review teams to conduct periodic management reviews. The land
  752  management review teams shall be composed of the following
  753  members:
  754         (h) One individual from the Department of Agriculture and
  755  Consumer Services’ Florida Forest Service Division of Forestry.
  756         Section 19. Subsection (10) of section 379.226, Florida
  757  Statutes, is amended to read:
  758         379.226 Florida Territorial Waters Act; alien-owned
  759  commercial fishing vessels; prohibited acts; enforcement.—
  760         (10) Harbormasters and law enforcement agencies are
  761  authorized to request assistance from the Civil Air Patrol in
  762  the surveillance of suspect vessels. Aircraft of the Florida
  763  Forest Service Division of Forestry of the Department of
  764  Agriculture and Consumer Services or other state or county
  765  agencies which are conveniently located and not otherwise
  766  occupied may be similarly utilized.
  767         Section 20. Subsection (6) of section 403.7071, Florida
  768  Statutes, is amended to read:
  769         403.7071 Management of storm-generated debris.—Solid waste
  770  generated as a result of a storm event that is the subject of an
  771  emergency order issued by the department may be managed as
  772  follows:
  773         (6) Local governments or their agents may conduct the
  774  burning of storm-generated yard trash, other storm-generated
  775  vegetative debris, or untreated wood from construction and
  776  demolition debris in air-curtain incinerators without prior
  777  notice to the department. Within 10 days after commencing such
  778  burning, the local government shall notify the department in
  779  writing describing the general nature of the materials burned;
  780  the location and method of burning; and the name, address, and
  781  telephone number of the representative of the local government
  782  to contact concerning the work. The operator of the air-curtain
  783  incinerator is subject to any requirement of the Florida Forest
  784  Service Division of Forestry or of any other agency concerning
  785  authorization to conduct open burning. Any person conducting
  786  open burning of vegetative debris is also subject to such
  787  requirements.
  788         Section 21. Subsection (5) of section 479.16, Florida
  789  Statutes, is amended to read:
  790         479.16 Signs for which permits are not required.—The
  791  following signs are exempt from the requirement that a permit
  792  for a sign be obtained under the provisions of this chapter but
  793  are required to comply with the provisions of s. 479.11(4)-(8):
  794         (5) Danger or precautionary signs relating to the premises
  795  on which they are located; forest fire warning signs erected
  796  under the authority of the Florida Forest Service Division of
  797  Forestry of the Department of Agriculture and Consumer Services;
  798  and signs, notices, or symbols erected by the United States
  799  Government under the direction of the United States Forestry
  800  Service.
  801         Section 22. Section 570.548, Florida Statutes, is amended
  802  to read:
  803         570.548 Florida Forest Service Division of Forestry; powers
  804  and duties.—The duties of the Florida Forest Service Division of
  805  Forestry include, but are not limited to, administering and
  806  enforcing those powers and responsibilities of the agency
  807  division prescribed in chapters 589, 590, and 591 and the rules
  808  adopted pursuant thereto and in other forest fire, forest
  809  protection, and forest management laws of this state.
  810         Section 23. Section 570.549, Florida Statutes, is amended
  811  to read:
  812         570.549 Director; duties.—
  813         (1) The director of the Florida Forest Service Division of
  814  Forestry shall be appointed by the commissioner and shall serve
  815  at the commissioner’s pleasure.
  816         (2) It shall be the duty of the director of this agency
  817  division to direct and supervise the overall operation of the
  818  agency division and to exercise such other powers and duties as
  819  authorized by the department.
  820         Section 24. Subsection (1) of section 570.903, Florida
  821  Statutes, is amended to read:
  822         570.903 Direct-support organization.—
  823         (1) When the Legislature authorizes the establishment of a
  824  direct-support organization to provide assistance for the
  825  museums, the Florida Agriculture in the Classroom Program, the
  826  Florida State Collection of Arthropods, the Friends of the
  827  Florida State Forests Program of the Florida Forest Service
  828  Division of Forestry, and the Forestry Arson Alert Program, and
  829  other programs of the department, the following provisions shall
  830  govern the creation, use, powers, and duties of the direct
  831  support organization.
  832         (a) The department shall enter into a memorandum or letter
  833  of agreement with the direct-support organization, which shall
  834  specify the approval of the department, the powers and duties of
  835  the direct-support organization, and rules with which the
  836  direct-support organization shall comply.
  837         (b) The department may permit, without charge, appropriate
  838  use of property, facilities, and personnel of the department by
  839  a direct-support organization, subject to the provisions of ss.
  840  570.902 and 570.903. The use shall be directly in keeping with
  841  the approved purposes of the direct-support organization and
  842  shall not be made at times or places that would unreasonably
  843  interfere with opportunities for the general public to use
  844  department facilities for established purposes.
  845         (c) The department shall prescribe by contract or by rule
  846  conditions with which a direct-support organization shall comply
  847  in order to use property, facilities, or personnel of the
  848  department or museum. Such rules shall provide for budget and
  849  audit review and oversight by the department.
  850         (d) The department shall not permit the use of property,
  851  facilities, or personnel of the museum, department, or
  852  designated program by a direct-support organization which does
  853  not provide equal employment opportunities to all persons
  854  regardless of race, color, religion, sex, age, or national
  855  origin.
  856         Section 25. Subsection (7) of section 581.1843, Florida
  857  Statutes, is amended to read:
  858         581.1843 Citrus nursery stock propagation and production
  859  and the establishment of regulated areas around citrus
  860  nurseries.—
  861         (7) The department shall relocate foundation source trees
  862  maintained by the Division of Plant Industry from various
  863  locations, including those in Dundee and Winter Haven, to
  864  protective structures at the Florida Forest Service Division of
  865  Forestry nursery in Chiefland or to other protective sites
  866  located a minimum of 10 miles from any commercial citrus grove.
  867         Section 26. Section 589.01, Florida Statutes, is amended to
  868  read:
  869         589.01 Florida Forestry Council.—The Florida Forestry
  870  Council, hereinafter called the “council,” is hereby created in
  871  the Florida Forest Service Division of Forestry of the
  872  Department of Agriculture and Consumer Services. The council
  873  shall be composed of five members appointed by the Department of
  874  Agriculture and Consumer Services for terms of 4 years.
  875         (1) There shall be one member of the council from each of
  876  the following areas of forestry:
  877         (a) The pulp and paper manufacturing industry.
  878         (b) A forest products industry other than that described in
  879  paragraph (a).
  880         (c) A timber or timber products dealer.
  881         (d) An individual forest landowner.
  882         (e) An active member of a statewide conservation
  883  organization having as one of its principal objectives the
  884  conservation and development of the forest resource.
  885         (2) Not fewer than two or more than three nominations shall
  886  be made for each membership on the council, and any statewide
  887  organization representing an area of forestry represented on the
  888  council may make nominations.
  889         (3) The council shall meet at the call of its chair, at the
  890  request of a majority of its membership or of the Department of
  891  Agriculture and Consumer Services, or at such times as may be
  892  prescribed by its rules.
  893         (4) A majority of the members of the council shall
  894  constitute a quorum for all purposes, and an act by a majority
  895  of such quorum at any meeting shall constitute an official act
  896  of the council.
  897         (5) The powers and duties of the council shall be as
  898  follows:
  899         (a) To consider and study the entire field of forestry;
  900         (b) To advise, counsel, and consult with the Department of
  901  Agriculture and Consumer Services and the director of the
  902  Florida Forest Service Division of Forestry upon request in
  903  connection with the promulgation, administration, and
  904  enforcement of all laws and rules relating to forestry;
  905         (c) To consider all matters submitted to it by the
  906  Department of Agriculture and Consumer Services or the director
  907  of the Florida Forest Service Division of Forestry;
  908         (d) To offer suggestions and recommendations to the
  909  Department of Agriculture and Consumer Services and the director
  910  of the Florida Forest Service Division of Forestry on its own
  911  initiative in regard to changes in the laws and rules relating
  912  to forestry as may be deemed advisable to secure the effective
  913  administration and enforcement of such laws and rules relating
  914  to the work of the division; and
  915         (e) To keep a complete record of all its proceedings,
  916  showing the names of the members present at each meeting and any
  917  action taken by the council, and to file and maintain such
  918  records in the Florida Forest Service Division of Forestry as a
  919  public record.
  920         Section 27. Section 589.011, Florida Statutes, is amended
  921  to read:
  922         589.011 Use of state forest lands; fees; rules.—
  923         (1) The Florida Forest Service Division of Forestry of the
  924  Department of Agriculture and Consumer Services may grant
  925  privileges, permits, leases, and concessions for the use of
  926  state forest lands, timber, and forest products for purposes not
  927  inconsistent with the provisions of this chapter.
  928         (2) The Florida Forest Service Division of Forestry is
  929  authorized to grant easements for rights-of-way, over, across,
  930  and upon state forest lands for the construction and maintenance
  931  of poles and lines for the transmission and distribution of
  932  electrical power, pipelines for the distribution and
  933  transportation of oils and gases, and for telephone and
  934  telegraphic purposes and for public roads, under such conditions
  935  and limitations as the agency division may impose.
  936         (3) The Florida Forest Service Division of Forestry shall
  937  have the power to set and charge reasonable fees or rent for the
  938  use or operation of facilities on state forests or any lands
  939  leased by or otherwise assigned to the agency division for
  940  management purposes. Moneys collected from such fees and rent
  941  shall be deposited into the Incidental Trust Fund of the agency
  942  division.
  943         (4) The Florida Forest Service Division of Forestry may
  944  adopt and enforce rules necessary for the protection,
  945  utilization, occupancy, and development of state forest lands or
  946  any lands leased by or otherwise assigned to the agency division
  947  for management purposes. Any person violating or otherwise
  948  failing to comply with any provision of this subsection or rule
  949  adopted under this subsection commits a noncriminal violation as
  950  defined in s. 775.08(3), punishable only by fine, not to exceed
  951  $500 per violation. Jurisdiction shall be with the appropriate
  952  county court.
  953         (5) The Florida Forest Service Division of Forestry may
  954  prohibit on state forest lands, or any lands leased by or
  955  otherwise assigned to the agency division for management
  956  purposes, activities that interfere with management objectives,
  957  create a nuisance, or pose a threat to public safety. Such
  958  prohibited activities must be posted with signs not more than
  959  500 feet apart along, and at each corner of, the boundaries of
  960  the land. The signs must be placed along the boundary line of
  961  posted land in a manner and in such position as to be clearly
  962  noticeable from outside the boundary line. A person who violates
  963  the provisions of this subsection commits a misdemeanor of the
  964  second degree, punishable as provided in s. 775.082 or s.
  965  775.083.
  966         (6) The Florida Forest Service Division of Forestry may
  967  enter into contracts or agreements, with or without competitive
  968  bidding or procurement, to make available, on a fair,
  969  reasonable, and nondiscriminatory basis, property and other
  970  structures under agency division control for the placement of
  971  new facilities by any wireless provider of mobile service as
  972  defined in 47 U.S.C. s. 153(27) or 47 U.S.C. s. 332(d) or any
  973  telecommunications company as defined in s. 364.02 when it is
  974  determined to be practical and feasible to make such property or
  975  other structures available. The agency division may, without
  976  adopting a rule, charge a just, reasonable, and
  977  nondiscriminatory fee for the placement of the facilities,
  978  payable annually, based on the fair market value of space used
  979  by comparable communications facilities in the state. The agency
  980  division and a wireless provider or telecommunications company
  981  may negotiate the reduction or elimination of a fee in
  982  consideration of services provided to the agency division by the
  983  wireless provider or telecommunications company. All such fees
  984  collected by the agency division shall be deposited in the
  985  Incidental Trust Fund.
  986         Section 28. Section 589.012, Florida Statutes, is amended
  987  to read:
  988         589.012 Friends of Florida State Forests Program.—The
  989  Friends of Florida State Forests Program is established within
  990  the Department of Agriculture and Consumer Services. Its purpose
  991  is to provide support and assistance for existing and future
  992  programs of the Florida Forest Service Division of Forestry.
  993  These programs must be consistent with the agency’s division’s
  994  mission statement which is incorporated by reference. The
  995  purpose of the program is to:
  996         (1) Conduct programs and activities related to
  997  environmental education, fire prevention, recreation, and forest
  998  management.
  999         (2) Identify and pursue methods to provide resources and
 1000  materials for these programs.
 1001         (3) Establish a statewide method to integrate these
 1002  resources and materials.
 1003         Section 29. Subsections (1), (3), and (4) of section
 1004  589.04, Florida Statutes, are amended to read:
 1005         589.04 Duties of agency division.—
 1006         (1) The Florida Forest Service Division of Forestry shall
 1007  cooperate with federal, state, and local governmental agencies,
 1008  nonprofit organizations, and other persons to:
 1009         (a) Promote and encourage forest fire protection, forest
 1010  environmental education, forest land stewardship, good forest
 1011  management, tree planting and care, forest recreation, and the
 1012  proper management of public lands.
 1013         (b) Apply for, solicit, and receive grants, funds,
 1014  services, equipment, and supplies from those agencies,
 1015  organizations, firms, and individuals.
 1016         (3) The Florida Forest Service Division of Forestry shall
 1017  provide direction for the multiple-use management of forest
 1018  lands owned by the state; serve as the lead management agency
 1019  for state-owned land primarily suited for forest resource
 1020  management; and provide to other state agencies having land
 1021  management responsibilities technical guidance and management
 1022  plan development for managing the forest resources on state
 1023  owned lands managed for other objectives. Multiple-purpose use
 1024  shall include, but is not limited to, water-resource protection,
 1025  forest-ecosystems protection, natural-resource-based low-impact
 1026  recreation, and sustainable timber management for forest
 1027  products.
 1028         (4) The Florida Forest Service Division of Forestry shall
 1029  begin immediately an aggressive program to reforest and
 1030  afforest, with appropriate tree species, lands over which the
 1031  agency division has forest resource management responsibility.
 1032         Section 30. Section 589.06, Florida Statutes, is amended to
 1033  read:
 1034         589.06 Warrants for payment of accounts.—Upon the
 1035  presentation to the Chief Financial Officer of any accounts duly
 1036  approved by the Florida Forest Service Division of Forestry,
 1037  accompanied by such itemized vouchers or accounts as shall be
 1038  required by her or him, the Chief Financial Officer shall audit
 1039  the same and draw a warrant for the amount for which the account
 1040  is audited, payable out of funds to the credit of the agency
 1041  division.
 1042         Section 31. Section 589.07, Florida Statutes, is amended to
 1043  read:
 1044         589.07 Agency Division may acquire lands for forest
 1045  purposes.—The Florida Forest Service Division of Forestry, on
 1046  behalf of the state and subject to the restrictions mentioned in
 1047  s. 589.08, may acquire lands, suitable for state forest
 1048  purposes, by gift, donation, contribution, purchase, or
 1049  otherwise and may enter into agreements with the Federal
 1050  Government, or other agency, for acquiring by gift, purchase, or
 1051  otherwise, such lands as are, in the judgment of the agency
 1052  division, suitable and desirable for state forests. The
 1053  acquisition procedures for state lands provided in s. 259.041 do
 1054  not apply to acquisition of land by the Florida Forest Service
 1055  Division of Forestry.
 1056         Section 32. Section 589.071, Florida Statutes, is amended
 1057  to read:
 1058         589.071 Traffic control within state forest or division
 1059  assigned lands.—The Florida Forest Service Division of Forestry
 1060  on behalf of the state may adopt rules to control ingress,
 1061  egress, and all other movement of motor vehicles, bicycles,
 1062  horses, and pedestrians, as well as all other types of traffic,
 1063  within a state forest or any lands leased by or otherwise
 1064  assigned to the agency division for management purposes, outside
 1065  of the designated right-of-way of state or county-maintained
 1066  roads, and may designate special areas off the roadways for the
 1067  operation of recreational type vehicles which need not be
 1068  licensed or operated by licensed drivers. Any person violating
 1069  or otherwise failing to comply with any of the provisions of
 1070  this section or rules adopted pursuant hereto commits is guilty
 1071  of a noncriminal violation as defined in s. 775.08(3),
 1072  punishable only by fine not to exceed $500. Jurisdiction shall
 1073  be with the appropriate county court.
 1074         Section 33. Section 589.08, Florida Statutes, is amended to
 1075  read:
 1076         589.08 Land acquisition restrictions.—
 1077         (1) The Florida Forest Service Division of Forestry shall
 1078  enter into no agreement for the acquisition, lease, or purchase
 1079  of any land or for any other purpose whatsoever which shall
 1080  pledge the credit of, or obligate in any manner whatsoever, the
 1081  state to pay any sum of money or other thing of value for such
 1082  purpose, and the said agency division shall not in any manner or
 1083  for any purpose pledge the credit of or obligate the state to
 1084  pay any sum of money.
 1085         (2) The agency division may receive, hold the custody of,
 1086  and exercise the control of any lands, and set aside into a
 1087  separate, distinct and inviolable fund, any proceeds derived
 1088  from the sales of the products of such lands, the use thereof in
 1089  any manner, or the sale of such lands save the 25 percent of the
 1090  proceeds to be paid into the State School Fund as provided by
 1091  law. The agency division may use and apply such funds for the
 1092  acquisition, use, custody, management, development, or
 1093  improvement of any lands vested in or subject to the control of
 1094  the agency division. After full payment has been made for the
 1095  purchase of a state forest to the Federal Government or other
 1096  grantor, 15 percent of the gross receipts from a state forest
 1097  shall be paid to the fiscally constrained county or counties, as
 1098  described in s. 218.67(1), in which it is located in proportion
 1099  to the acreage located in each county for use by the county or
 1100  counties for school purposes.
 1101         Section 34. Section 589.081, Florida Statutes, is amended
 1102  to read:
 1103         589.081 Withlacoochee State Forest and Goethe State Forest;
 1104  payment of portion of gross receipts.—The Florida Forest Service
 1105  Division of Forestry shall pay 15 percent of the gross receipts
 1106  from Withlacoochee State Forest and the Goethe State Forest to
 1107  each fiscally constrained county, as described in s. 218.67(1),
 1108  in which a portion of the respective forest is located in
 1109  proportion to the forest acreage located in such county. The
 1110  funds must be equally divided between the board of county
 1111  commissioners and the school board of each fiscally constrained
 1112  county.
 1113         Section 35. Section 589.09, Florida Statutes, is amended to
 1114  read:
 1115         589.09 Use of lands acquired.—All lands acquired by the
 1116  Florida Forest Service Division of Forestry on behalf of the
 1117  state shall be in the custody of and subject to the
 1118  jurisdiction, management, and control of the said agency
 1119  division, and, for such purposes and the utilization and
 1120  development of such land, the said agency division may use the
 1121  proceeds of the sale of any products therefrom, the proceeds of
 1122  the sale of any such lands, save the 25 percent of such proceeds
 1123  which shall be paid into the State School Fund as required by s.
 1124  1010.71(1), and such other funds as may be appropriated for use
 1125  by the agency division, and in the opinion of such agency
 1126  division, available for such uses and purposes.
 1127         Section 36. Section 589.10, Florida Statutes, is amended to
 1128  read:
 1129         589.10 Disposition of lands.—The Florida Forest Service
 1130  Division of Forestry, with the concurrence of the Board of
 1131  Trustees of the Internal Improvement Trust Fund and the
 1132  Governor, may sell, exchange, lease, or otherwise dispose of any
 1133  lands under its jurisdiction by the provisions of this chapter
 1134  when in its judgment it is advantageous to the state to do so in
 1135  the interest of the highest orderly development, improvement,
 1136  and management of the state forests and state parks. All such
 1137  sales, exchanges, leases, or dispositions of such lands, shall
 1138  be at least upon a 30-day public notice, to be given in the
 1139  manner deemed reasonable by the agency division.
 1140         Section 37. Section 589.101, Florida Statutes, is amended
 1141  to read:
 1142         589.101 Blackwater River State Forest; lease of board’s
 1143  interest in gas, oil, and other minerals.—Notwithstanding the
 1144  provisions of ss. 253.51-253.61, the Florida Forest Service
 1145  Division of Forestry is hereby expressly granted the authority
 1146  to lease its 25-percent interest in oil, gas, and other minerals
 1147  within the boundaries of the Blackwater River State Forest;
 1148  provided, however, that grants shall be made only to the lessee
 1149  or lessees holding the 75 percent 75-percent interest in said
 1150  minerals retained by the United States in its conveyance to this
 1151  state. The concurrence of the Board of Trustees of the Internal
 1152  Improvement Trust Fund required by s. 589.10 shall not be
 1153  necessary under the provisions of this section.
 1154         Section 38. Section 589.11, Florida Statutes, is amended to
 1155  read:
 1156         589.11 Duties of agency division as to Clarke-McNary Law.—
 1157         (1) The Florida Forest Service Division of Forestry is
 1158  designated and authorized as the agent of the state to cooperate
 1159  with the United States Secretary of Agriculture under the
 1160  provisions of “ss. 4 and 5, Chapter 348, 43 Statutes 654, Acts
 1161  of Congress, June 7, 1924, known as the Clarke-McNary Law,” to
 1162  assist owners of farms in establishing, improving, and renewing
 1163  woodlots, shelterbelts, windbreaks, and other valuable forest
 1164  growth; in growing and renewing useful timber crops; and to
 1165  cooperate with the wood-using industries or other agencies,
 1166  governmental or otherwise, interested in proper land use, forest
 1167  management, and conservative forest utilization.
 1168         (2) As a means of providing seedling trees for the purposes
 1169  of this section, the agency division is authorized to operate a
 1170  seedling tree nursery program and to set reasonable prices for
 1171  the sale to the public of seedling trees. Receipts from the sale
 1172  of seedling trees shall be deposited into the Incidental Trust
 1173  Fund of the agency division.
 1174         Section 39. Section 589.12, Florida Statutes, is amended to
 1175  read:
 1176         589.12 Rules and regulations.—The Florida Forest Service
 1177  Division of Forestry may adopt make rules and regulations and do
 1178  such acts and things as shall be reasonable and necessary to
 1179  accomplish the purposes of ss. 589.07-589.11.
 1180         Section 40. Section 589.13, Florida Statutes, is amended to
 1181  read:
 1182         589.13 Lien of agency division and other parties, for
 1183  forestry work, etc.—Liens prior in dignity to all others
 1184  accruing thereafter shall exist in favor of the following
 1185  persons, boards, firms, or corporations upon the following
 1186  described real estate, under the circumstances hereinafter
 1187  mentioned:
 1188         (1) The Florida Forest Service Division of Forestry, the
 1189  United States Government, or other governmental authority, upon
 1190  all lands covered in any cooperative or other agreement entered
 1191  into between the landowner and the agency division (which term
 1192  shall embrace and include agreements with the Florida Forest
 1193  Service Division of Forestry);
 1194         (2) The United States Government or other governmental
 1195  authority, for the prevention and control of woods fires and
 1196  other forestry work to the extent of the amounts expended by
 1197  such agency division, service, or other governmental authority
 1198  for and on behalf of the landowner and not paid by the landowner
 1199  under the terms of said agreement.
 1200         Section 41. Section 589.14, Florida Statutes, is amended to
 1201  read:
 1202         589.14 Enforcement of lien; notice.—The Florida Forest
 1203  Service Division of Forestry, United States Government, or other
 1204  governmental authority shall be entitled to subject said real
 1205  estate in equity for the value of such expenditures made by it
 1206  in pursuance of any such agreement, and may, at any time after
 1207  the expenditure thereof and after default in payment thereof by
 1208  the landowner in accordance with the terms of such agreement,
 1209  file in the office of the clerk of the circuit court of the
 1210  county in which the property is located, and have recorded in
 1211  the record of liens kept by such clerk, a notice of the
 1212  expenditures made in pursuance of such agreement and of default
 1213  of the landowner in the payment of same in accordance with the
 1214  terms thereof (the form of notice being provided in s. 589.15),
 1215  and from the date of the filing of such notice the rights of
 1216  purchasers or creditors of such landowner shall be subject and
 1217  subordinate to the claim set out in the notice.
 1218         Section 42. Section 589.18, Florida Statutes, is amended to
 1219  read:
 1220         589.18 Agency Division to make certain investigations.—The
 1221  Florida Forest Service Division of Forestry shall conduct
 1222  investigations and make surveys to determine the areas of land
 1223  in the state which are available and suitable for reforestation
 1224  projects and state forests, and may recommend to the Board of
 1225  Trustees of the Internal Improvement Trust Fund, any state
 1226  agency, or any agency created by state law which is authorized
 1227  to accept lands in the name of the state, concerning their
 1228  acquisition. The agency division shall be considered as a state
 1229  agency under this law.
 1230         Section 43. Section 589.19, Florida Statutes, is amended to
 1231  read:
 1232         589.19 Creation of certain state forests; naming of certain
 1233  state forests.—
 1234         (1) When the Board of Trustees of the Internal Improvement
 1235  Trust Fund, any state agency, or any agency created by state
 1236  law, authorized to accept reforestation lands in the name of the
 1237  state, approves the recommendations of the Florida Forest
 1238  Service Division of Forestry in reference to the acquisition of
 1239  land and acquire such land, the said board, state agency, or
 1240  agency created by state law, may formally designate and dedicate
 1241  any area as a reforestation project, or state forest, and where
 1242  so designated and dedicated such area shall be under the
 1243  administration of the agency division which shall be authorized
 1244  to manage and administer said area according to the purpose for
 1245  which it was designated and dedicated.
 1246         (2) The first state forest acquired by the Board of
 1247  Trustees of the Internal Improvement Trust Fund in Baker County
 1248  is to be named the John M. Bethea State Forest. This is to honor
 1249  Mr. John M. Bethea who was Florida’s fourth state forester and
 1250  whose distinguished career in state government spanned 46 years
 1251  and who is a native of Baker County.
 1252         (3) The state forest managed by the Florida Forest Service
 1253  Division of Forestry in Seminole County is to be named the
 1254  Charles H. Bronson State Forest to honor Charles H. Bronson, the
 1255  tenth Commissioner of Agriculture, for his distinguished
 1256  contribution to this state’s agriculture and natural resources.
 1257         Section 44. Section 589.20, Florida Statutes, is amended to
 1258  read:
 1259         589.20 Cooperation by agency division.—The Florida Forest
 1260  Service Division of Forestry may cooperate with other state
 1261  agencies, who are custodians of lands which are suitable for
 1262  forestry purposes, in the designation and dedication of such
 1263  lands for forestry purposes when in the opinion of the state
 1264  agencies concerned such lands are suitable for these purposes
 1265  and can be so administered. Upon the designation and dedication
 1266  of said lands for these purposes by the agencies concerned, said
 1267  lands shall be administered by the agency division.
 1268         Section 45. Section 589.21, Florida Statutes, is amended to
 1269  read:
 1270         589.21 Management to be for public interest.—All state
 1271  forests and reforestation projects mentioned in this chapter
 1272  shall be managed and administered by the Florida Forest Service
 1273  Division of Forestry in the interests of the public. If the
 1274  public interests are not already safeguarded and clearly defined
 1275  by law or by regulations adopted by the state agencies
 1276  authorized by law to administer such lands, or in the papers
 1277  formally transferring said projects to the agency division for
 1278  administration, then, and in that event, the agency division may
 1279  define the purpose of said project. Such definition of purposes
 1280  shall be construed to have the authority of law.
 1281         Section 46. Section 589.26, Florida Statutes, is amended to
 1282  read:
 1283         589.26 Dedication of state park lands for public use.—The
 1284  Florida Forest Service Division of Forestry is authorized and
 1285  empowered, from time to time, to dedicate and reserve for the
 1286  use of the public all or any part of the lands heretofore or
 1287  hereafter acquired by the said Florida Forest Service Division
 1288  of Forestry for park purposes; provided, however, that said
 1289  dedication and reservation shall be subject to such rules and
 1290  regulations, as to reasonable use by the public, as may be
 1291  adopted by the Division of Recreation and Parks of the
 1292  Department of Environmental Protection.
 1293         Section 47. Section 589.27, Florida Statutes, is amended to
 1294  read:
 1295         589.27 Power of eminent domain; procedure.—Whenever the
 1296  Florida Forest Service Division of Forestry shall find it
 1297  necessary to acquire private property for state forests or
 1298  rights-of-way for state forest roads, or for exercising any of
 1299  the powers and duties authorized and prescribed by law to be
 1300  exercised and performed by the Florida Forest Service Division
 1301  of Forestry, the Florida Forest Service Division of Forestry is
 1302  hereby empowered and authorized to exercise the right of eminent
 1303  domain and to proceed to condemn said property in the same
 1304  manner as provided by law for the condemnation of private
 1305  property by counties.
 1306         Section 48. Section 589.275, Florida Statutes, is amended
 1307  to read:
 1308         589.275 Planting of indigenous trees on state lands.—It is
 1309  the intent of the Legislature to partially restore the character
 1310  of the original domain of Florida by planting native trees on
 1311  state lands, and to this end all state lands shall have a
 1312  portion of such lands designated for indigenous trees, to be
 1313  established and maintained by the using agency with the
 1314  assistance of the Florida Forest Service Division of Forestry of
 1315  the Department of Agriculture and Consumer Services. If the
 1316  agency division, or primary managing agency, determines that any
 1317  state lands are unsuitable for this purpose, such lands shall be
 1318  exempt from this requirement.
 1319         Section 49. Subsections (1), (3), and (5) of section
 1320  589.277, Florida Statutes, are amended to read:
 1321         589.277 Tree planting programs.—
 1322         (1) The Florida Forest Service Division of Forestry of the
 1323  Florida Department of Agriculture and Consumer Services shall
 1324  administer federal, state, and privately sponsored tree planting
 1325  programs designed to assist private rural landowners and urban
 1326  communities.
 1327         (3) The Florida Forest Service Division of Forestry is
 1328  authorized and directed to develop and implement guidelines and
 1329  procedures under which the financial resources of the fund
 1330  allocated for tree planting programs may be utilized for urban
 1331  and rural reforestation.
 1332         (5) The Florida Forest Service Division of Forestry shall
 1333  assist the Department of Education in developing programs that
 1334  teach the importance of trees in the urban, rural, and global
 1335  environment.
 1336         Section 50. Section 589.28, Florida Statutes, is amended to
 1337  read:
 1338         589.28 County commissions or municipalities authorized to
 1339  cooperate with Florida Forest Service Division of Forestry.
 1340  County commissions or municipalities are authorized to cooperate
 1341  with the Florida Forest Service Division of Forestry of the
 1342  Department of Agriculture and Consumer Services in providing
 1343  assistance in forestry and forest-related knowledge and skills
 1344  to stimulate the production of timber wealth through the proper
 1345  use of forest land and to protect and improve the beauty of
 1346  urban and suburban areas by helping to create in them an
 1347  attractive and healthy environment through the proper use of
 1348  trees and related plant associations. County commissions or
 1349  municipalities are hereby authorized to appropriate funds and
 1350  enter into cooperative agreements with the Florida Forest
 1351  Service Division of Forestry under the terms and conditions set
 1352  forth in ss. 589.28-589.34.
 1353         Section 51. Section 589.29, Florida Statutes, is amended to
 1354  read:
 1355         589.29 Quality of assistance.—Any advice and assistance
 1356  provided under ss. 589.28-589.34 shall be the responsibility of
 1357  the State Forester and the Florida Forest Service Division of
 1358  Forestry and shall be conducted under the supervision of a
 1359  professional forester in an efficient and competent manner by
 1360  personnel who have the required education, training and
 1361  experience to accomplish the objectives of these sections.
 1362         Section 52. Section 589.30, Florida Statutes, is amended to
 1363  read:
 1364         589.30 Duty of district forester.—It shall be the duty of
 1365  the district forester to direct all work in accordance with the
 1366  law and rules regulations of the Florida Forest Service Division
 1367  of Forestry; gather and disseminate information in the
 1368  management of commercial timber, including establishment,
 1369  protection and utilization; and assist in the development and
 1370  use of forest lands for outdoor recreation, watershed
 1371  protection, and wildlife habitat. The district forester or his
 1372  or her representative shall provide encouragement and technical
 1373  assistance to individuals and urban and county officials in the
 1374  planning, establishment, and management of trees and plant
 1375  associations to enhance the beauty of the urban and suburban
 1376  environment and meet outdoor recreational needs.
 1377         Section 53. Section 589.31, Florida Statutes, is amended to
 1378  read:
 1379         589.31 Cooperative agreement.—Before any assistance is
 1380  provided under this law, the county or municipality and the
 1381  Florida Forest Service Division of Forestry, through their duly
 1382  constituted representatives, shall enter into a mutually
 1383  satisfactory cooperative agreement covering the specific duties,
 1384  and set up a budget for any fiscal period beginning July 1 and
 1385  ending June 30, and the county’s or municipality’s share of the
 1386  budget provided shall be turned over to the Florida Forest
 1387  Service Division of Forestry, one-half on or before July 1, and
 1388  the remainder on or before January 1, and placed in the
 1389  Incidental Trust Fund of the Florida Forest Service Division of
 1390  Forestry.
 1391         Section 54. Section 589.32, Florida Statutes, is amended to
 1392  read:
 1393         589.32 Cost of providing county forestry assistance.—The
 1394  cost of county forestry assistance provided under the provisions
 1395  of ss. 589.28-589.34 shall be jointly determined and paid by the
 1396  Florida Forest Service Division of Forestry and the county
 1397  commission or municipality and shall be not less than 40 percent
 1398  of the cost of the equivalent of 1 person-year of assistance.
 1399  However, the county or municipality share shall not exceed the
 1400  sum of $3,000 per annum for each person-year of assistance
 1401  provided.
 1402         Section 55. Section 589.33, Florida Statutes, is amended to
 1403  read:
 1404         589.33 Expenditure of budgeted funds.—Any money budgeted
 1405  for a fiscal period shall be expended by the Florida Forest
 1406  Service Division of Forestry during the period for which it was
 1407  budgeted and amounts not expended or specifically obligated by
 1408  contract or other legal procedure during that period shall be
 1409  available for the next fiscal period or shall be returned to the
 1410  Florida Forest Service Division of Forestry and the county or
 1411  municipality in the same proportions as appropriated. However,
 1412  when 40 percent of the cost of 1 person-year of assistance
 1413  equals or exceeds $3,000, then in that event all budget balance
 1414  will revert to the Florida Forest Service Division of Forestry.
 1415         Section 56. Section 589.34, Florida Statutes, is amended to
 1416  read:
 1417         589.34 Revocation of agreement.—Any agreement or revision
 1418  thereof entered into by the Florida Forest Service Division of
 1419  Forestry and a county or municipality under the provisions of
 1420  this law shall continue from year to year, unless written notice
 1421  is given to the other party 30 days prior to July 1 of any year
 1422  of the intention to discontinue the work and cancel the
 1423  agreement.
 1424         Section 57. Subsection (1) of section 590.015, Florida
 1425  Statutes, is amended to read:
 1426         590.015 Definitions.—As used in this chapter, the term:
 1427         (1) “Agency” “Division” means the Florida Forest Service
 1428  Division of Forestry of the Department of Agriculture and
 1429  Consumer Services.
 1430         Section 58. Subsections (1), (2), (3), (5), (6), and (7) of
 1431  section 590.02, Florida Statutes, are amended to read:
 1432         590.02 Agency Division powers, authority, and duties;
 1433  liability; building structures; Florida Center for Wildfire and
 1434  Forest Resources Management Training.—
 1435         (1) The agency division has the following powers,
 1436  authority, and duties:
 1437         (a) To enforce the provisions of this chapter;
 1438         (b) To prevent, detect, suppress, and extinguish wildfires
 1439  wherever they may occur on public or private land in this state
 1440  and to do all things necessary in the exercise of such powers,
 1441  authority, and duties;
 1442         (c) To provide firefighting crews, who shall be under the
 1443  control and direction of the agency division and its designated
 1444  agents;
 1445         (d) To appoint center managers, forest area supervisors,
 1446  forestry program administrators, a forest protection bureau
 1447  chief, a forest protection assistant bureau chief, a field
 1448  operations bureau chief, deputy chiefs of field operations,
 1449  district managers, senior forest rangers, investigators, forest
 1450  rangers, firefighter rotorcraft pilots, and other employees who
 1451  may, at the agency’s division’s discretion, be certified as
 1452  forestry firefighters pursuant to s. 633.35(4). Other provisions
 1453  of law notwithstanding, center managers, district managers,
 1454  forest protection assistant bureau chief, and deputy chiefs of
 1455  field operations shall have Selected Exempt Service status in
 1456  the state personnel designation;
 1457         (e) To develop a training curriculum for forestry
 1458  firefighters which must contain the basic volunteer structural
 1459  fire training course approved by the Florida State Fire College
 1460  of the Division of State Fire Marshal and a minimum of 250 hours
 1461  of wildfire training;
 1462         (f) To make rules to accomplish the purposes of this
 1463  chapter;
 1464         (g) To provide fire management services and emergency
 1465  response assistance and to set and charge reasonable fees for
 1466  performance of those services. Moneys collected from such fees
 1467  shall be deposited into the Incidental Trust Fund of the agency
 1468  division; and
 1469         (h) To require all state, regional, and local government
 1470  agencies operating aircraft in the vicinity of an ongoing
 1471  wildfire to operate in compliance with the applicable state
 1472  Wildfire Aviation Plan.
 1473         (2) Agency Division employees, and the firefighting crews
 1474  under their control and direction, may enter upon any lands for
 1475  the purpose of preventing and suppressing wildfires and
 1476  investigating smoke complaints or open burning not in compliance
 1477  with authorization and to enforce the provisions of this
 1478  chapter.
 1479         (3) Employees of the agency division and of federal, state,
 1480  and local agencies, and all other persons and entities that are
 1481  under contract or agreement with the agency division to assist
 1482  in firefighting operations as well as those entities, called
 1483  upon by the agency division to assist in firefighting may, in
 1484  the performance of their duties, set counterfires, remove fences
 1485  and other obstacles, dig trenches, cut firelines, use water from
 1486  public and private sources, and carry on all other customary
 1487  activities in the fighting of wildfires without incurring
 1488  liability to any person or entity.
 1489         (5) The agency division shall organize its operational
 1490  units to most effectively prevent, detect, and suppress
 1491  wildfires, and to that end, may employ the necessary personnel
 1492  to manage its activities in each unit. The agency division may
 1493  construct lookout towers, roads, bridges, firelines, and other
 1494  facilities and may purchase or fabricate tools, supplies, and
 1495  equipment for firefighting. The agency division may reimburse
 1496  the public and private entities that it engages to assist in the
 1497  suppression of wildfires for their personnel and equipment,
 1498  including aircraft.
 1499         (6) The agency division shall undertake privatization
 1500  alternatives for fire prevention activities including
 1501  constructing fire lines and conducting prescribed burns and,
 1502  where appropriate, entering into agreements or contracts with
 1503  the private sector to perform such activities.
 1504         (7) The agency division may organize, staff, equip, and
 1505  operate the Florida Center for Wildfire and Forest Resources
 1506  Management Training. The center shall serve as a site where fire
 1507  and forest resource managers can obtain current knowledge,
 1508  techniques, skills, and theory as they relate to their
 1509  respective disciplines.
 1510         (a) The center may establish cooperative efforts involving
 1511  federal, state, and local entities; hire appropriate personnel;
 1512  and engage others by contract or agreement with or without
 1513  compensation to assist in carrying out the training and
 1514  operations of the center.
 1515         (b) The center shall provide wildfire suppression training
 1516  opportunities for rural fire departments, volunteer fire
 1517  departments, and other local fire response units.
 1518         (c) The center will focus on curriculum related to, but not
 1519  limited to, fuel reduction, an incident management system,
 1520  prescribed burning certification, multiple-use land management,
 1521  water quality, forest health, environmental education, and
 1522  wildfire suppression training for structural firefighters.
 1523         (d) The center may assess appropriate fees for food,
 1524  lodging, travel, course materials, and supplies in order to meet
 1525  its operational costs and may grant free meals, room, and
 1526  scholarships to persons and other entities in exchange for
 1527  instructional assistance.
 1528         (e) An advisory committee consisting of the following
 1529  individuals or their designees must review program curriculum,
 1530  course content, and scheduling: the Director of the Florida
 1531  Forest Service Division of Forestry; the Assistant Director of
 1532  the Florida Forest Service Division of Forestry; the Director of
 1533  the School of Forest Resources and Conservation of the
 1534  University of Florida; the Director of the Division of
 1535  Recreation and Parks of the Department of Environmental
 1536  Protection; the Director of the Division of the State Fire
 1537  Marshal; the Director of the Florida Chapter of The Nature
 1538  Conservancy; the Executive Vice President of the Florida
 1539  Forestry Association; the President of the Florida Farm Bureau
 1540  Federation; the Executive Director of the Fish and Wildlife
 1541  Conservation Commission; the Executive Director of a Water
 1542  Management District as appointed by the Commissioner of
 1543  Agriculture; the Supervisor of the National Forests in Florida;
 1544  the President of the Florida Fire Chief’s Association; and the
 1545  Executive Director of the Tall Timbers Research Station.
 1546         Section 59. Subsections (1) and (2) of section 590.42,
 1547  Florida Statutes, are amended to read:
 1548         590.42 Federally funded fire protection assistance
 1549  programs.—
 1550         (1) The Florida Forest Service Division of Forestry of the
 1551  Department of Agriculture and Consumer Services may enter into
 1552  agreements with the Secretary of Agriculture of the United
 1553  States in order to participate in the Federal Rural Community
 1554  Fire Protection Program authorized by Pub. L. No. 92-419,
 1555  whereby the Federal Government provides financial assistance to
 1556  the states on a matching basis of up to 50 percent of
 1557  expenditures for such purposes.
 1558         (2) With respect to the formulation of projects relating to
 1559  fire protection of livestock, wildlife, crops, pastures,
 1560  orchards, rangeland, woodland, farmsteads, or other
 1561  improvements, and other values in rural areas, for which such
 1562  federal matching funds are available, any participating county
 1563  or fire department may contribute to the nonfederal matching
 1564  share and may also contribute such other nonfederal cooperation
 1565  as may be deemed necessary by the agency division.
 1566         Section 60. Subsection (6) of section 591.17, Florida
 1567  Statutes, is amended to read:
 1568         591.17 Community forests; definitions.—The terms
 1569  hereinafter used, unless the text clearly indicates a different
 1570  meaning, shall be as follows:
 1571         (6) The term “agency” “division” shall mean the Florida
 1572  Forest Service Division of Forestry of the Department of
 1573  Agriculture and Consumer Services.
 1574         Section 61. Section 591.18, Florida Statutes, is amended to
 1575  read:
 1576         591.18 Community forests; purchase or establishment.—All
 1577  counties, cities, towns, or school districts, through their
 1578  governing boards, are hereby empowered to establish, from lands
 1579  owned by such county, city, town, or school district in fee
 1580  simple, or to acquire by purchase or gift, lands at present
 1581  covered with forest or tree growth, or suitable for the growth
 1582  of trees, and to administer the same under the direction of the
 1583  Florida Forest Service Division of Forestry, in accordance with
 1584  the practice and principles of scientific forestry, for the
 1585  benefit of the said counties, cities, towns, or school
 1586  districts. Such tracts may be of any size suitable for the
 1587  purpose but must be located within the county embracing the
 1588  county, city, town, or school district, provided that it shall
 1589  be requisite for the governing board availing itself of the
 1590  provisions of this law to submit to the Florida Forest Service
 1591  Division of Forestry, and secure its approval of the area and
 1592  location of any lands proposed to be acquired or used for the
 1593  purposes of county, city, town, or school district forests.
 1594         Section 62. Section 591.19, Florida Statutes, is amended to
 1595  read:
 1596         591.19 Community forests; tax delinquent lands.—The
 1597  Department of Revenue, the Board of Trustees of the Internal
 1598  Improvement Trust Fund, counties, cities, towns, school
 1599  districts, or any other public agency holding fee simple or tax
 1600  certificate lands are hereby empowered to, and may, upon
 1601  application to them, transfer title of fee simple lands not in
 1602  other public use to any county, city, town, or school district
 1603  for forest purposes as described under this law, provided such
 1604  lands are approved by the Florida Forest Service Division of
 1605  Forestry for this purpose.
 1606         Section 63. Section 591.20, Florida Statutes, is amended to
 1607  read:
 1608         591.20 Community forests; forestry committee.—The governing
 1609  board of any county, city, town, or school district desiring to
 1610  establish community forests after enactment of this law shall
 1611  appoint a forestry committee, consisting of three members, as
 1612  follows: one member of governing board, one member from the
 1613  Florida Forest Service Division of Forestry to be designated by
 1614  the agency division, and one taxpayer of the county, city, town,
 1615  or school district not a member of the governing board. The
 1616  first two members of such committee shall hold office until
 1617  replaced in their respective official positions. The third
 1618  member shall hold office for 3 years. Any vacancy shall be
 1619  filled at the first regular session of the governing board after
 1620  the vacancy occurs. The president of the committee shall be
 1621  selected by the three members for a 1-year term at their first
 1622  regular meeting. The representative of the Florida Forest
 1623  Service Division of Forestry shall not serve as an officer of
 1624  the committee nor be responsible for making reports. All members
 1625  shall serve without compensation, but shall be reimbursed for
 1626  travel expenses as provided in s. 112.061.
 1627         Section 64. Section 591.24, Florida Statutes, is amended to
 1628  read:
 1629         591.24 Community forests; fiscal reports.—A fiscal year
 1630  report of expenditures, income, sales, development and
 1631  management shall be made by the forestry committee to the
 1632  governing board of the county, city, town, or school district,
 1633  and a copy sent to the Florida Forest Service Division of
 1634  Forestry. All reports shall be audited by the regular auditor of
 1635  the county, city, town, or school district.
 1636         Section 65. Section 591.25, Florida Statutes, is amended to
 1637  read:
 1638         591.25 Community forests; fire protection, etc.—All lands
 1639  entered or acquired under the provisions of this law shall be
 1640  protected at all times from wildfire and shall be kept and
 1641  maintained as a permanent public forest except as hereinafter
 1642  provided. The timber growing thereon shall be cut in accordance
 1643  with forestry methods approved by the Florida Forest Service
 1644  Division of Forestry and in such a manner as to perpetuate
 1645  succeeding stands of trees. All such forest lands shall be open
 1646  to the use of the public for recreational purposes so far as
 1647  such recreational purposes do not interfere with, or prevent the
 1648  use of, such lands to the best advantage as a public forest as
 1649  determined by the forestry committee.
 1650         Section 66. Paragraph (b) of subsection (1) and paragraph
 1651  (b) of subsection (2) of section 633.115, Florida Statutes, are
 1652  amended to read:
 1653         633.115 Fire and Emergency Incident Information Reporting
 1654  Program; duties; fire reports.—
 1655         (1)
 1656         (b) The Division of State Fire Marshal shall consult with
 1657  the Florida Forest Service Division of Forestry of the
 1658  Department of Agriculture and Consumer Services and the Bureau
 1659  of Emergency Medical Services of the Department of Health to
 1660  coordinate data, ensure accuracy of the data, and limit
 1661  duplication of efforts in data collection, analysis, and
 1662  reporting.
 1663         (2) The Fire and Emergency Incident Information System
 1664  Technical Advisory Panel is created within the Division of State
 1665  Fire Marshal. The panel shall advise, review, and recommend to
 1666  the State Fire Marshal with respect to the requirements of this
 1667  section. The membership of the panel shall consist of the
 1668  following 15 members:
 1669         (b) One member from the Florida Forest Service Division of
 1670  Forestry of the Department of Agriculture and Consumer Services,
 1671  appointed by the agency division director.
 1672         Section 67. Paragraph (e) of subsection (6) of section
 1673  633.821, Florida Statutes, is amended to read:
 1674         633.821 Workplace safety.—
 1675         (6)
 1676         (e) This subsection does not apply to wildland or
 1677  prescribed live fire training exercises sanctioned by the
 1678  Florida Forest Service Division of Forestry of the Department of
 1679  Agriculture and Consumer Services or the National Wildfire
 1680  Coordinating Group.
 1681         Section 68. Subsection (1) of section 790.15, Florida
 1682  Statutes, is amended to read:
 1683         790.15 Discharging firearm in public.—
 1684         (1) Except as provided in subsection (2) or subsection (3),
 1685  any person who knowingly discharges a firearm in any public
 1686  place or on the right-of-way of any paved public road, highway,
 1687  or street or whosoever knowingly discharges any firearm over the
 1688  right-of-way of any paved public road, highway, or street or
 1689  over any occupied premises is guilty of a misdemeanor of the
 1690  first degree, punishable as provided in s. 775.082 or s.
 1691  775.083. This section does not apply to a person lawfully
 1692  defending life or property or performing official duties
 1693  requiring the discharge of a firearm or to a person discharging
 1694  a firearm on public roads or properties expressly approved for
 1695  hunting by the Fish and Wildlife Conservation Commission or
 1696  Florida Forest Service Division of Forestry.
 1697         Section 69. This act shall take effect July 1, 2011.