HB 735

1	A bill to be entitled
2	An act relating to the Division of Forestry; amending s.
3	20.14, F.S.; renaming the Division of Forestry of the
4	Department of Agriculture and Consumer Services as the
5	Florida Forest Service; amending ss. 121.0515, 125.27,
6	253.036, and 258.501, F.S.; conforming provisions;
7	amending s. 259.035, F.S.; redesignating the director of
8	the division as the State Forester; amending ss. 259.036,
9	259.037, 259.101, 259.105, 259.10521, 260.0142, 261.03,
10	261.04, 261.06, 261.12, 317.0010, 317.0016, 373.591,
11	379.226, 403.7071, 479.16, and 570.548, F.S.; conforming
12	provisions; transferring, renumbering, and amending s.
13	570.549, F.S.; conforming provisions; amending ss.
14	570.903, 581.1843, 589.01, 589.011, 589.012, 589.04,
15	589.06, and 589.07, F.S.; conforming provisions; amending
16	s. 589.071, F.S.; clarifying what constitutes a violation
17	of certain rules regulating traffic control in state
18	forests for which penalties apply; conforming provisions;
19	amending ss. 589.08, 589.081, 589.09, and 589.10, F.S.;
20	conforming provisions; amending s. 589.101, F.S.;
21	clarifying requirements for leases of the state's interest
22	in oil, gas, and minerals in the Blackwater River State
23	Forest; conforming provisions; amending s. 589.11, F.S.;
24	clarifying an authorization for the state's cooperation
25	with the United States Secretary of Agriculture under the
26	federal Clarke-McNary Act; conforming a cross-reference to
27	the repeal of certain federal provisions; conforming
28	provisions; amending ss. 589.12, 589.13, 589.14, 589.18,
29	589.19, 589.20, and 589.21, F.S.; conforming provisions;
30	amending s. 589.26, F.S.; clarifying requirements for the
31	dedication of state park lands for public use; conforming
32	provisions; amending ss. 589.27, 589.275, and 589.277,
33	F.S.; conforming provisions; amending ss. 589.28, 589.29,
34	589.30, 589.31, 589.32, 589.33, and 589.34, F.S.;
35	clarifying requirements for assistance provided to
36	counties and municipalities by the Florida Forest Service
37	under cooperative agreements; conforming cross-references;
38	conforming provisions; amending ss. 590.01, 590.015,
39	590.02, 590.081, 590.091, 590.125, 590.14, 590.16, 590.25,
40	590.33, 590.34, and 590.35, F.S.; conforming provisions;
41	amending s. 590.42, F.S.; clarifying that funds received
42	or contributed by counties under a certain federal fire
43	assistance program are supplementary to certain county
44	fire control funds and assessments; conforming provisions;
45	redesignating the title of chapter 591, F.S.; amending s.
46	591.15, F.S.; conforming a short title; amending ss.
47	591.16, 591.17, 591.18, 591.19, and 591.20, F.S.; revising
48	terminology used in provisions relating to community
49	forests; conforming provisions; transferring, renumbering,
50	and amending ss. 591.21 and 591.22, F.S.; conforming
51	provisions; amending ss. 591.23, 591.24, and 591.25, F.S.;
52	conforming provisions; amending s. 591.26, F.S.;
53	clarifying provisions authorizing sale of community
54	forests upon referendum election; amending ss. 633.115,
55	633.821, and 790.15, F.S.; conforming provisions;
56	providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Paragraph (h) of subsection (2) of section
61	20.14, Florida Statutes, is amended to read:
62	20.14  Department of Agriculture and Consumer Services.-
63	There is created a Department of Agriculture and Consumer
64	Services.
65	(2)  The following divisions of the Department of
66	Agriculture and Consumer Services are established:
67	(h)  Florida Forest Service Forestry.
68	Section 2.  Paragraph (b) of subsection (2) of section
69	121.0515, Florida Statutes, is amended to read:
70	121.0515  Special risk membership.-
71	(2)  CRITERIA.-A member, to be designated as a special risk
72	member, must meet the following criteria:
73	(b)  The member must be employed as a firefighter and be
74	certified, or required to be certified, in compliance with s.
75	633.35 and be employed solely within the fire department of a
76	local government employer or an agency of state government with
77	firefighting responsibilities. In addition, the member's duties
78	and responsibilities must include on-the-scene fighting of
79	fires, fire prevention, or firefighter training; direct
80	supervision of firefighting units, fire prevention, or
81	firefighter training; or aerial firefighting surveillance
82	performed by fixed-wing aircraft pilots employed by the Florida
83	Forest Service Division of Forestry of the Department of
84	Agriculture and Consumer Services; or the member must be the
85	supervisor or command officer of a member or members who have
86	such responsibilities; provided, however, administrative support
87	personnel, including, but not limited to, those whose primary
88	duties and responsibilities are in accounting, purchasing,
89	legal, and personnel, shall not be included and further provided
90	that all periods of creditable service in fire prevention or
91	firefighter training, or as the supervisor or command officer of
92	a member or members who have such responsibilities, and for
93	which the employer paid the special risk contribution rate,
94	shall be included;
95	Section 3.  Section 125.27, Florida Statutes, is amended to
96	read:
97	125.27  Countywide forest fire protection; authority of
98	Florida Forest Service the Division of Forestry; state funding;
99	county fire control assessments; disposition; equipment
100	donations.-
101	(1)  The Florida Forest Service Division of Forestry of the
102	Department of Agriculture and Consumer Services and the board of
103	county commissioners of each county in this state shall enter
104	into agreements for the establishment and maintenance of
105	countywide fire protection of all forest and wild lands within
106	the said county, with the total cost of such fire protection
107	being funded by state and federal funds. Each county shall,
108	under the terms of such agreements, be assessed each fiscal
109	year, as its share of the cost of providing such fire
110	protection, a sum in dollars equal to the total forest and wild
111	land acreage of the county, as determined by the Florida Forest
112	Service Division of Forestry, multiplied by 7 cents. The forest
113	and wild lands acreage included in such agreements shall be
114	reviewed each year by the contracting parties and the number of
115	forest and wild land acres and the annual fire control
116	assessment adjusted so as to reflect the current forest acreage
117	of the county. If In the event the Florida Forest Service
118	division and the county commissioners do not agree, the Board of
119	Trustees of the Internal Improvement Trust Fund shall make such
120	acreage determination. All fire control assessments received by
121	the Florida Forest Service Division of Forestry from the several
122	counties under agreements made under pursuant to this section
123	shall be deposited as follows:
124	(a)  An amount equal to the total forest land and wild land
125	acreage of the counties, multiplied by 4 cents, shall be
126	distributed to the Incidental Trust Fund of the Florida Forest
127	Service Division of Forestry; and
128	(b)  An amount equal to the total forest land and wild land
129	acreage of the counties, multiplied by 3 cents, shall be
130	distributed to the General Revenue Fund.
131	(2)  The Florida Forest Service Division of Forestry may
132	include provisions in the agreements authorized in this section,
133	or execute separate or supplemental agreements with the several
134	counties, county agencies, or municipalities, to provide
135	communication services and other services directly related to
136	fire protection within the county, other than forest fire
137	control, on a cost reimbursable basis only, but provided the
138	rendering of such services may does not hinder or impede in any
139	way the Florida Forest Service's division's ability to
140	accomplish its primary function with respect to forest fire
141	control.
142	(3)  The Department of Agriculture and Consumer Services
143	may lease, loan, or otherwise make available, without charge, to
144	state, county, and local governmental entities that have fire-
145	rescue fire/rescue responsibilities, new or used fire protection
146	equipment, vehicles, or supplies, including which shall include
147	all such items received from public or private entities. The
148	department, and those private or public entities providing at no
149	cost, or de minimis cost, such items for loan or lease through
150	the department are, shall not be held liable for civil damages
151	resulting from use or possession of such items. Private or
152	public entities that donate fire-rescue fire/rescue equipment,
153	vehicles, or supplies directly to state, county, or local
154	governmental entities having fire-rescue fire/rescue
155	responsibilities are shall not be held liable for civil damages
156	resulting from use or possession of such items.
157	Section 4.  Section 253.036, Florida Statutes, is amended
158	to read:
159	253.036  Forest management.-All land management plans
160	described in s. 253.034(5) that which are prepared for parcels
161	larger than 1,000 acres shall contain an analysis of the
162	multiple-use potential of the parcel, which analysis shall
163	include the potential of the parcel to generate revenues to
164	enhance the management of the parcel. The lead agency shall
165	prepare the analysis, which shall contain a component or section
166	prepared by a qualified professional forester that which
167	assesses the feasibility of managing timber resources on the
168	parcel for resource conservation and revenue generation purposes
169	through a stewardship ethic that embraces sustainable forest
170	management practices if the lead management agency determines
171	that the timber resource management is not in conflict with the
172	primary management objectives of the parcel. For purposes of
173	this section, practicing sustainable forest management means
174	meeting the needs of the present without compromising the
175	ability of future generations to meet their own needs by
176	practicing a land stewardship ethic that which integrates the
177	reforestation, managing, growing, nurturing, and harvesting of
178	trees for useful products with the conservation of soil, air and
179	water quality, wildlife and fish habitat, and aesthetics. The
180	Legislature intends that each lead management agency, whenever
181	practicable and cost effective, use the services of the Florida
182	Forest Service Division of Forestry of the Florida Department of
183	Agriculture and Consumer Services or other qualified private
184	sector professional forester in completing such feasibility
185	assessments and implementing timber resource management. The
186	Legislature further intends that the lead management agency
187	develop a memorandum of agreement with the Florida Forest
188	Service Division of Forestry to provide for full reimbursement
189	for any services provided for the feasibility assessments or
190	timber resource management. All additional revenues generated
191	through multiple-use management or compatible secondary use
192	management shall be returned to the lead agency responsible for
193	such management and shall be used to pay for management
194	activities on all conservation, preservation, and recreation
195	lands under the agency's jurisdiction. In addition, such revenue
196	shall be segregated in an agency trust fund and shall remain
197	available to the agency in subsequent fiscal years to support
198	land management appropriations.
199	Section 5.  Paragraph (a) of subsection (7) of section
200	258.501, Florida Statutes, is amended to read:
201	258.501  Myakka River; wild and scenic segment.-
202	(7)  MANAGEMENT COORDINATING COUNCIL.-
203	(a)  Upon designation, the department shall create a
204	permanent council to provide interagency and intergovernmental
205	coordination in the management of the river. The coordinating
206	council shall be composed of one representative appointed from
207	each of the following: the department, the Department of
208	Transportation, the Fish and Wildlife Conservation Commission,
209	the Department of Community Affairs, the Florida Forest Service
210	Division of Forestry of the Department of Agriculture and
211	Consumer Services, the Division of Historical Resources of the
212	Department of State, the Tampa Bay Regional Planning Council,
213	the Southwest Florida Water Management District, the Southwest
214	Florida Regional Planning Council, Manatee County, Sarasota
215	County, Charlotte County, the City of Sarasota, the City of
216	North Port, agricultural interests, environmental organizations,
217	and any others deemed advisable by the department.
218	Section 6.  Paragraph (b) of subsection (1) of section
219	259.035, Florida Statutes, is amended to read:
220	259.035  Acquisition and Restoration Council.-
221	(1)  There is created the Acquisition and Restoration
222	Council.
223	(b)  The five remaining appointees shall be composed of the
224	Secretary of Environmental Protection, the State Forester
225	director of the Division of Forestry of the Department of
226	Agriculture and Consumer Services, the executive director of the
227	Fish and Wildlife Conservation Commission, the director of the
228	Division of Historical Resources of the Department of State, and
229	the secretary of the Department of Community Affairs, or their
230	respective designees.
231	Section 7.  Paragraph (a) of subsection (1) of section
232	259.036, Florida Statutes, is amended to read:
233	259.036  Management review teams.-
234	(1)  To determine whether conservation, preservation, and
235	recreation lands titled in the name of the Board of Trustees of
236	the Internal Improvement Trust Fund are being managed for the
237	purposes for which they were acquired and in accordance with a
238	land management plan adopted pursuant to s. 259.032, the board
239	of trustees, acting through the Department of Environmental
240	Protection, shall cause periodic management reviews to be
241	conducted as follows:
242	(a)  The department shall establish a regional land
243	management review team composed of the following members:
244	1.  One individual who is from the county or local
245	community in which the parcel or project is located and who is
246	selected by the county commission in the county which is most
247	impacted by the acquisition.
248	2.  One individual from the Division of Recreation and
249	Parks of the department.
250	3.  One individual from the Florida Forest Service Division
251	of Forestry of the Department of Agriculture and Consumer
252	Services.
253	4.  One individual from the Fish and Wildlife Conservation
254	Commission.
255	5.  One individual from the department's district office in
256	which the parcel is located.
257	6.  A private land manager mutually agreeable to the state
258	agency representatives.
259	7.  A member of the local soil and water conservation
260	district board of supervisors.
261	8.  A member of a conservation organization.
262	Section 8.  Subsection (1) of section 259.037, Florida
263	Statutes, is amended to read:
264	259.037  Land Management Uniform Accounting Council.-
265	(1)  The Land Management Uniform Accounting Council is
266	created within the Department of Environmental Protection and
267	shall consist of the director of the Division of State Lands,
268	the director of the Division of Recreation and Parks, the
269	director of the Office of Coastal and Aquatic Managed Areas, and
270	the director of the Office of Greenways and Trails of the
271	Department of Environmental Protection; the State Forester
272	director of the Division of Forestry of the Department of
273	Agriculture and Consumer Services; the executive director of the
274	Fish and Wildlife Conservation Commission; and the director of
275	the Division of Historical Resources of the Department of State,
276	or their respective designees. Each state agency represented on
277	the council has shall have one vote. The chair of the council
278	shall rotate annually in the foregoing order of state agencies.
279	The agency of the representative serving as chair of the council
280	shall provide staff support for the council. The Division of
281	State Lands shall serve as the recipient of and repository for
282	the council's documents. The council shall meet at the request
283	of the chair.
284	Section 9.  Paragraph (e) of subsection (3) and subsection
285	(5) of section 259.101, Florida Statutes, are amended to read:
286	259.101  Florida Preservation 2000 Act.-
287	(3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.-Less the costs
288	of issuance, the costs of funding reserve accounts, and other
289	costs with respect to the bonds, the proceeds of bonds issued
290	pursuant to this act shall be deposited into the Florida
291	Preservation 2000 Trust Fund created by s. 375.045. In fiscal
292	year 2000-2001, for each Florida Preservation 2000 program
293	described in paragraphs (a)-(g), that portion of each program's
294	total remaining cash balance which, as of June 30, 2000, is in
295	excess of that program's total remaining appropriation balances
296	shall be redistributed by the department and deposited into the
297	Save Our Everglades Trust Fund for land acquisition. For
298	purposes of calculating the total remaining cash balances for
299	this redistribution, the Florida Preservation 2000 Series 2000
300	bond proceeds, including interest thereon, and the fiscal year
301	1999-2000 General Appropriations Act amounts shall be deducted
302	from the remaining cash and appropriation balances,
303	respectively. The remaining proceeds shall be distributed by the
304	Department of Environmental Protection in the following manner:
305	(e)  Two and nine-tenths percent to the Florida Forest
306	Service Division of Forestry of the Department of Agriculture
307	and Consumer Services to fund the acquisition of state forest
308	inholdings and additions pursuant to s. 589.07.
309
310	Local governments may use federal grants or loans, private
311	donations, or environmental mitigation funds, including
312	environmental mitigation funds required pursuant to s. 338.250,
313	for any part or all of any local match required for the purposes
314	described in this subsection. Bond proceeds allocated pursuant
315	to paragraph (c) may be used to purchase lands on the priority
316	lists developed pursuant to s. 259.035. Title to lands purchased
317	pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
318	vested in the Board of Trustees of the Internal Improvement
319	Trust Fund. Title to lands purchased pursuant to paragraph (c)
320	may be vested in the Board of Trustees of the Internal
321	Improvement Trust Fund. The board of trustees shall hold title
322	to land protection agreements and conservation easements that
323	were or will be acquired pursuant to s. 380.0677, and the
324	Southwest Florida Water Management District and the St. Johns
325	River Water Management District shall monitor such agreements
326	and easements within their respective districts until the state
327	assumes this responsibility.
328	(5)  Any funds received by the Florida Forest Service
329	Division of Forestry from the Preservation 2000 Trust Fund
330	pursuant to paragraph (3)(e) may only shall be used only to pay
331	the cost of the acquisition of lands in furtherance of outdoor
332	recreation and natural resources conservation in this state. The
333	administration and use of any funds received by the Florida
334	Forest Service Division of Forestry from the Preservation 2000
335	Trust Fund are will be subject to such terms and conditions
336	imposed thereon by the agency of the state responsible for the
337	issuance of the revenue bonds, the proceeds of which are
338	deposited in the Preservation 2000 Trust Fund, including
339	restrictions imposed to ensure that the interest on any such
340	revenue bonds issued by the state as tax-exempt revenue bonds
341	are will not be included in the gross income of the holders of
342	such bonds for federal income tax purposes. All deeds for or
343	leases of with respect to any real property acquired with funds
344	received by the Florida Forest Service Division of Forestry from
345	the Preservation 2000 Trust Fund shall contain such covenants
346	and restrictions as are sufficient to ensure that the use of
347	such real property at all times complies with s. 375.051 and s.
348	9, Art. XII of the 1968 Constitution of Florida; and shall
349	contain reverter clauses providing for the reversion of title to
350	such property to the Board of Trustees of the Internal
351	Improvement Trust Fund or, in the case of a lease of such
352	property, providing for termination of the lease upon a failure
353	to use the property conveyed thereby for such purposes.
354	Section 10.  Paragraph (f) of subsection (3) of section
355	259.105, Florida Statutes, is amended to read:
356	259.105  The Florida Forever Act.-
357	(3)  Less the costs of issuing and the costs of funding
358	reserve accounts and other costs associated with bonds, the
359	proceeds of cash payments or bonds issued pursuant to this
360	section shall be deposited into the Florida Forever Trust Fund
361	created by s. 259.1051. The proceeds shall be distributed by the
362	Department of Environmental Protection in the following manner:
363	(f)  One and five-tenths percent to the Florida Forest
364	Service Division of Forestry of the Department of Agriculture
365	and Consumer Services to fund the acquisition of state forest
366	inholdings and additions pursuant to s. 589.07, the
367	implementation of reforestation plans or sustainable forestry
368	management practices, and for capital project expenditures as
369	described in this section. At a minimum, 1 percent, but and no
370	more than 10 percent, of the funds allocated for the acquisition
371	of inholdings and additions pursuant to this paragraph may shall
372	be spent on capital project expenditures identified during the
373	time of acquisition which meet land management planning
374	activities necessary for public access.
375	Section 11.  Subsections (1) and (2) and paragraph (b) of
376	subsection (3) of section 259.10521, Florida Statutes, are
377	amended to read:
378	259.10521  Citizen support organization; use of property.-
379	(1)  DEFINITION DEFINITIONS.-As used in For the purpose of
380	this section, the term "citizen support organization" means an
381	organization that is:
382	(a)  a Florida corporation not for profit incorporated
383	under the provisions of chapter 617 and approved by the
384	Department of State that is:;
385	(a)(b)  Organized and operated to conduct programs and
386	activities in the best interest of the state; raise funds;
387	request and receive grants, gifts, and bequests of money;
388	acquire, receive, hold, invest, and administer, in its own name,
389	securities, funds, objects of value, or other property, real or
390	personal; and make expenditures to or for the direct or indirect
391	benefit of the Babcock Crescent B Ranch;
392	(b)(c)  Determined by the Fish and Wildlife Conservation
393	Commission and the Florida Forest Service Division of Forestry
394	within the Department of Agriculture and Consumer Services to be
395	consistent with the goals of the state in acquiring the ranch
396	and in the best interests of the state; and
397	(c)(d)  Approved in writing by the Fish and Wildlife
398	Conservation Commission and the Florida Forest Service Division
399	of Forestry to operate for the direct or indirect benefit of the
400	ranch and in the best interest of the state. Such approval must
401	shall be given in a letter of agreement from the Fish and
402	Wildlife Conservation Commission and the Florida Forest Service
403	Division of Forestry. Only one citizen support organization may
404	be created to operate for the direct or indirect benefit of the
405	Babcock Crescent B Ranch.
406	(2)  USE OF PROPERTY.-
407	(a)  The Fish and Wildlife Conservation Commission and the
408	Florida Forest Service Division of Forestry may permit, without
409	charge, appropriate use of fixed property and facilities of the
410	Babcock Crescent B Ranch by a citizen support organization,
411	subject to the provisions of this section. Such use must be
412	directly in keeping with the approved purposes of the citizen
413	support organization and may not be made at times or places that
414	would unreasonably interfere with recreational opportunities for
415	the general public.
416	(b)  The Fish and Wildlife Conservation Commission and the
417	Florida Forest Service Division of Forestry may adopt rules
418	prescribing the conditions prescribe by rule any condition with
419	which the citizen support organization must shall comply in
420	order to use fixed property or facilities of the ranch.
421	(c)  The Fish and Wildlife Conservation Commission and the
422	Florida Forest Service may Division of Forestry shall not permit
423	the use of any fixed property or facilities of the ranch by a
424	citizen support organization that does not provide equal
425	membership and employment opportunities to all persons
426	regardless of race, color, religion, sex, age, or national
427	origin.
428	(3)  PARTNERSHIPS.-
429	(b)  The Legislature may annually appropriate funds from
430	the Land Acquisition Trust Fund for use only as state matching
431	funds, in conjunction with private donations in aggregates of at
432	least $60,000, matched by $40,000 of state funds, for a total
433	minimum project amount of $100,000 for capital improvement
434	facility development at the ranch at either individually
435	designated locations or for priority projects within the overall
436	ranch system. The citizen support organization may acquire
437	private donations under pursuant to this section, and matching
438	state funds for approved projects may be provided in accordance
439	with this subsection. The Fish and Wildlife Conservation
440	Commission and the Florida Forest Service may Division of
441	Forestry are authorized to properly recognize and honor a
442	private donor by placing a plaque or other appropriate
443	designation noting the contribution on project facilities or by
444	naming project facilities after the person or organization that
445	provided matching funds. The Fish and Wildlife Conservation
446	Commission and the Florida Forest Service may Division of
447	Forestry are authorized to adopt necessary administrative rules
448	to administer carry out the purposes of this subsection.
449	Section 12.  Paragraph (d) of subsection (1) of section
450	260.0142, Florida Statutes, is amended to read:
451	260.0142  Florida Greenways and Trails Council;
452	composition; powers and duties.-
453	(1)  There is created within the department the Florida
454	Greenways and Trails Council which shall advise the department
455	in the execution of the department's powers and duties under
456	this chapter. The council shall be composed of 21 members,
457	consisting of:
458	(d)  The following 10 remaining members shall include:
459	1.  The Secretary of Environmental Protection or a
460	designee.
461	2.  The executive director of the Fish and Wildlife
462	Conservation Commission or a designee.
463	3.  The Secretary of Community Affairs or a designee.
464	4.  The Secretary of Transportation or a designee.
465	5.  The State Forester Director of the Division of Forestry
466	of the Department of Agriculture and Consumer Services or a
467	designee.
468	6.  The director of the Division of Historical Resources of
469	the Department of State or a designee.
470	7.  A representative of the water management districts.
471	Membership on the council shall rotate among the five districts.
472	The districts shall determine the order of rotation.
473	8.  A representative of a federal land management agency.
474	The Secretary of Environmental Protection shall identify the
475	appropriate federal agency and request designation of a
476	representative from the agency to serve on the council.
477	9.  A representative of the regional planning councils to
478	be appointed by the Secretary of Environmental Protection in
479	consultation with the Secretary of Community Affairs. Membership
480	on the council shall rotate among the seven regional planning
481	councils. The regional planning councils shall determine the
482	order of rotation.
483	10.  A representative of local governments to be appointed
484	by the Secretary of Environmental Protection in consultation
485	with the Secretary of Community Affairs. Membership shall
486	alternate between a county representative and a municipal
487	representative.
488	Section 13.  Subsections (5) through (12) of section
489	261.03, Florida Statutes, are renumbered as subsections (4)
490	through (11), respectively, and present subsections (4) and (11)
491	of that section are amended to read:
492	261.03  Definitions.-As used in this chapter, the term:
493	(4)  "Division" means the Division of Forestry of the
494	Department of Agriculture and Consumer Services.
495	(10)(11)  "Trust fund" means the Incidental Trust Fund of
496	the Florida Forest Service Division of Forestry of the
497	Department of Agriculture and Consumer Services.
498	Section 14.  Subsection (1) of section 261.04, Florida
499	Statutes, is amended to read:
500	261.04  Off-Highway Vehicle Recreation Advisory Committee;
501	members; appointment.-
502	(1)  Effective July 1, 2003, the Off-Highway Vehicle
503	Recreation Advisory Committee is created within the Florida
504	Forest Service Division of Forestry and consists of nine
505	members, all of whom are appointed by the Commissioner of
506	Agriculture. The appointees shall include one representative of
507	the Department of Agriculture and Consumer Services, one
508	representative of the Department of Highway Safety and Motor
509	Vehicles, one representative of the Department of Environmental
510	Protection's Office of Greenways and Trails, one representative
511	of the Fish and Wildlife Conservation Commission, one citizen
512	with scientific expertise in disciplines relating to ecology,
513	wildlife biology, or other environmental sciences, one
514	representative of a licensed off-highway vehicle dealer, and
515	three representatives of off-highway vehicle recreation groups.
516	In making these appointments, the commissioner shall consider
517	the places of residence of the members to ensure statewide
518	representation.
519	Section 15.  Section 261.06, Florida Statutes, is amended
520	to read:
521	261.06  Florida Forest Service; functions, duties, and
522	responsibilities of the department.-The following are functions,
523	duties, and responsibilities of the Florida Forest Service
524	department through the division:
525	(1)  Coordinating Coordination of the planning,
526	development, conservation, and rehabilitation of state lands in
527	and for the system.
528	(2)  Coordinating Coordination of the management,
529	maintenance, administration, and operation of state lands in the
530	system and providing the provision of law enforcement and
531	appropriate public safety activities.
532	(3)  Managing Management of the trust fund and approving
533	approval of the advisory committee's budget recommendations.
534	(4)  Implementing Implementation of the program, including
535	the ultimate approval of grant applications submitted by
536	governmental agencies or entities or nongovernmental entities.
537	(5)  Coordinating the program Coordination to help ensure
538	compliance with environmental laws and regulations for of the
539	public program and lands in the system.
540	(6)  Implementing Implementation of the policies
541	established by the advisory committee.
542	(7)  Providing Provision of staff assistance to the
543	advisory committee.
544	(8)  Preparing Preparation of plans for public lands in, or
545	proposed to be included in, the system.
546	(9)  Conducting surveys and preparing the preparation of
547	studies as are necessary or desirable for implementing the
548	program.
549	(10)  Recruiting Recruitment and using utilization of
550	volunteers to further the program.
551	(11)  Adopting rules Rulemaking authority to administer
552	implement the provisions of ss. 261.01-261.10.
553	Section 16.  Section 261.12, Florida Statutes, is amended
554	to read:
555	261.12  Designated off-highway vehicle funds within the
556	Incidental Trust Fund of the Florida Forest Service Division of
557	Forestry of the Department of Agriculture and Consumer
558	Services.-
559	(1)  The designated off-highway vehicle funds of the trust
560	fund shall consist of deposits from the following sources:
561	(a)  Fees paid to the Department of Highway Safety and
562	Motor Vehicles for the titling of off-highway vehicles.
563	(b)  Revenues and income from any other sources required by
564	law or as appropriated by the Legislature for deposit to be
565	deposited into the trust fund as designated off-highway vehicle
566	funds.
567	(c)  Donations from private sources that are designated as
568	off-highway vehicle funds.
569	(d)  Interest earned on designated off-highway vehicle
570	funds on deposit in the trust fund.
571	(2)  Designated off-highway vehicle funds in the trust fund
572	shall be available for recommended allocation by the Off-Highway
573	Vehicle Recreation Advisory Committee and the department of
574	Agriculture and Consumer Services and upon annual appropriation
575	by the Legislature, exclusively for the following:
576	(a)  Implementation of the Off-Highway Vehicle Recreation
577	Program by the department of Agriculture and Consumer Services,
578	including which includes personnel and other related expenses,;
579	administrative and operating expenses, and; expenses related to
580	safety, training, and rider education programs;, managing,
581	maintaining, and rehabilitating management, maintenance, and
582	rehabilitation of lands in the Off-Highway Vehicle Recreation
583	Program's system of lands and trails; and, if funds are
584	available, acquiring acquisition of lands for inclusion to be
585	included in the system and managing, maintaining, and
586	rehabilitating the management, maintenance, and rehabilitation
587	of such lands.
588	(b)  Approved grants to governmental agencies or entities
589	or nongovernmental entities that wish to provide or improve off-
590	highway vehicle recreation areas or trails for public use on
591	public lands, provide environmental protection and restoration
592	to affected natural areas in the system, provide enforcement of
593	applicable regulations related to the system and off-highway
594	vehicle activities, or provide education in the operation of
595	off-highway vehicles.
596	(c)  Matching funds to be used to match grant funds
597	available from other sources.
598	(3)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
599	any balance of designated off-highway vehicle funds in the trust
600	fund at the end of any fiscal year shall remain in the trust
601	fund therein and shall be available for the purposes set out in
602	this section and as otherwise provided by law.
603	Section 17.  Section 317.0010, Florida Statutes, is amended
604	to read:
605	317.0010  Disposition of fees.-The department shall deposit
606	all funds received under this chapter, less administrative costs
607	of $2 per title transaction, into the Incidental Trust Fund of
608	the Florida Forest Service Division of Forestry of the
609	Department of Agriculture and Consumer Services.
610	Section 18.  Section 317.0016, Florida Statutes, is amended
611	to read:
612	317.0016  Expedited service; applications; fees.-The
613	department shall provide, through its agents and for use by the
614	public, expedited service on title transfers, title issuances,
615	duplicate titles, recordation of liens, and certificates of
616	repossession. A fee of $7 shall be charged for this service,
617	which is in addition to the fees imposed by ss. 317.0007 and
618	317.0008, and $3.50 of this fee shall be retained by the
619	processing agency. All remaining fees shall be deposited in the
620	Incidental Trust Fund of the Florida Forest Service Division of
621	Forestry of the Department of Agriculture and Consumer Services.
622	Application for expedited service may be made by mail or in
623	person. The department shall issue each title applied for under
624	pursuant to this section within 5 working days after receipt of
625	the application except for an application for a duplicate title
626	certificate covered by s. 317.0008(3), in which case the title
627	must be issued within 5 working days after compliance with the
628	department's verification requirements.
629	Section 19.  Paragraph (h) of subsection (1) of section
630	373.591, Florida Statutes, is amended to read:
631	373.591  Management review teams.-
632	(1)  To determine whether conservation, preservation, and
633	recreation lands titled in the names of the water management
634	districts are being managed for the purposes for which they were
635	acquired and in accordance with land management objectives, the
636	water management districts shall establish land management
637	review teams to conduct periodic management reviews. The land
638	management review teams shall be composed of the following
639	members:
640	(h)  One individual from the Florida Forest Service
641	Department of Agriculture and Consumer Services' Division of
642	Forestry.
643	Section 20.  Subsection (10) of section 379.226, Florida
644	Statutes, is amended to read:
645	379.226  Florida Territorial Waters Act; alien-owned
646	commercial fishing vessels; prohibited acts; enforcement.-
647	(10)  Harbormasters and law enforcement agencies may are
648	authorized to request assistance from the Civil Air Patrol in
649	the surveillance of suspect vessels. Aircraft of the Florida
650	Forest Service Division of Forestry of the Department of
651	Agriculture and Consumer Services or other state or county
652	agencies which are conveniently located and not otherwise
653	occupied may be similarly used utilized.
654	Section 21.  Subsection (6) of section 403.7071, Florida
655	Statutes, is amended to read:
656	403.7071  Management of storm-generated debris.-Solid waste
657	generated as a result of a storm event that is the subject of an
658	emergency order issued by the department may be managed as
659	follows:
660	(6)  Local governments or their agents may conduct the
661	burning of storm-generated yard trash, other storm-generated
662	vegetative debris, or untreated wood from construction and
663	demolition debris in air-curtain incinerators without prior
664	notice to the department. Within 10 days after commencing such
665	burning, the local government shall notify the department in
666	writing describing the general nature of the materials burned;
667	the location and method of burning; and the name, address, and
668	telephone number of the representative of the local government
669	to contact concerning the work. The operator of the air-curtain
670	incinerator is subject to any requirement of the Florida Forest
671	Service Division of Forestry or of any other agency concerning
672	authorization to conduct open burning. Any person conducting
673	open burning of vegetative debris is also subject to such
674	requirements.
675	Section 22.  Subsection (5) of section 479.16, Florida
676	Statutes, is amended to read:
677	479.16  Signs for which permits are not required.-The
678	following signs are exempt from the requirement that a permit
679	for a sign be obtained under the provisions of this chapter but
680	are required to comply with the provisions of s. 479.11(4)-(8):
681	(5)  Danger or precautionary signs relating to the premises
682	on which they are located; forest fire warning signs erected
683	under the authority of the Florida Forest Service Division of
684	Forestry of the Department of Agriculture and Consumer Services;
685	and signs, notices, or symbols erected by the United States
686	Government under the direction of the United States Forestry
687	Service.
688	Section 23.  Section 570.548, Florida Statutes, is amended
689	to read:
690	570.548  Florida Forest Service; State Forester Division of
691	Forestry; powers and duties.-
692	(1)  The duties of the Florida Forest Service Division of
693	Forestry include, but are not limited to, administering and
694	enforcing those powers and responsibilities of the Florida
695	Forest Service division prescribed in chapters 589, 590, and 591
696	and the rules adopted under those chapters pursuant thereto and
697	in other forest fire, forest protection, and forest management
698	laws of this state.
699	Section 24.  Section 570.549, Florida Statutes, is
700	transferred, renumbered as subsection (2) of section 570.548,
701	Florida Statutes, and amended to read:
702	570.549  Director; duties.-
703	(2)(a)(1)  The head director of the Florida Forest Service
704	shall be the State Forester, who Division of Forestry shall be
705	appointed by the commissioner and shall serve at the
706	commissioner's pleasure.
707	(b)(2)  It shall be the duty of The State Forester shall
708	director of this division to direct and supervise the overall
709	operation of the Florida Forest Service division and to exercise
710	such other powers and duties as authorized by the department.
711	Section 25.  Subsection (1) of section 570.903, Florida
712	Statutes, is amended to read:
713	570.903  Direct-support organization.-
714	(1)  When the Legislature authorizes the establishment of a
715	direct-support organization to provide assistance for the
716	museums, the Florida Agriculture in the Classroom Program, the
717	Florida State Collection of Arthropods, the Friends of the
718	Florida State Forests Program of the Florida Forest Service
719	Division of Forestry, and the Forestry Arson Alert Program, and
720	other programs of the department, the following provisions shall
721	govern the creation, use, powers, and duties of the direct-
722	support organization:.
723	(a)  The department shall enter into a memorandum or letter
724	of agreement with the direct-support organization, which shall
725	specify the approval of the department, the powers and duties of
726	the direct-support organization, and rules with which the
727	direct-support organization must shall comply.
728	(b)  The department may permit, without charge, appropriate
729	use of property, facilities, and personnel of the department by
730	a direct-support organization, subject to the provisions of ss.
731	570.902 and 570.903. The use shall be directly in keeping with
732	the approved purposes of the direct-support organization and may
733	shall not be made at times or places that would unreasonably
734	interfere with opportunities for the general public to use
735	department facilities for established purposes.
736	(c)  The department shall prescribe by contract or by rule
737	conditions with which a direct-support organization must shall
738	comply in order to use property, facilities, or personnel of the
739	department or museum. Such rules shall provide for budget and
740	audit review and oversight by the department.
741	(d)  The department may shall not permit the use of
742	property, facilities, or personnel of the museum, department, or
743	designated program by a direct-support organization that which
744	does not provide equal employment opportunities to all persons
745	regardless of race, color, religion, sex, age, or national
746	origin.
747	Section 26.  Subsection (7) of section 581.1843, Florida
748	Statutes, is amended to read:
749	581.1843  Citrus nursery stock propagation and production
750	and the establishment of regulated areas around citrus
751	nurseries.-
752	(7)  The department shall relocate foundation source trees
753	maintained by the Division of Plant Industry from various
754	locations, including those in Dundee and Winter Haven, to
755	protective structures at the Florida Forest Service's Division
756	of Forestry nursery in Chiefland or to other protective sites
757	located a minimum of 10 miles from any commercial citrus grove.
758	Section 27.  Section 589.01, Florida Statutes, is amended
759	to read:
760	589.01  Florida Forestry Council.-The Florida Forestry
761	Council, hereinafter called the "council," is hereby created
762	within the Florida Forest Service in the Division of Forestry of
763	the Department of Agriculture and Consumer Services. The council
764	shall be composed of five members appointed by the Department of
765	Agriculture and Consumer Services for terms of 4 years.
766	(1)  There shall be one member of the council from each of
767	the following areas of forestry:
768	(a)  The pulp and paper manufacturing industry.
769	(b)  A forest products industry other than that described
770	in paragraph (a).
771	(c)  A timber or timber products dealer.
772	(d)  An individual forest landowner.
773	(e)  An active member of a statewide conservation
774	organization having as one of its principal objectives the
775	conservation and development of the forest resource.
776	(2)  At least Not fewer than two but not or more than three
777	nominations must shall be made for each appointment to
778	membership on the council, and any statewide organization
779	representing an area of forestry represented on the council may
780	make nominations.
781	(3)  The council shall meet at the call of its chair, at
782	the request of a majority of its membership or of the Department
783	of Agriculture and Consumer Services, or at such times as the
784	department may prescribe be prescribed by rule its rules.
785	(4)  A majority of the members of the council constitutes
786	shall constitute a quorum for all purposes, and an act by a
787	majority of such quorum at any meeting constitutes shall
788	constitute an official act of the council.
789	(5)  The powers and duties of the council are to shall be
790	as follows:
791	(a)  To Consider and study the entire field of forestry.;
792	(b)  To Advise, counsel, and consult, upon request, with
793	the Department of Agriculture and Consumer Services and the
794	State Forester director of the Division of Forestry upon request
795	in connection with the adoption promulgation, administration,
796	and enforcement of all laws and rules relating to forestry.;
797	(c)  To Consider all matters submitted to the council it by
798	the Department of Agriculture and Consumer Services or the State
799	Forester. director of the Division of Forestry;
800	(d)  To Offer suggestions and recommendations to the
801	Department of Agriculture and Consumer Services and the State
802	Forester director of the Division of Forestry on the council's
803	its own initiative with in regard to changes in the laws and
804	rules relating to forestry for as may be deemed advisable to
805	secure the effective administration and enforcement of such laws
806	and rules relating to the work of the Florida Forest Service.
807	division; and
808	(e)  To Keep a complete record of all of the council's its
809	proceedings, showing the names of the members present at each
810	meeting and any action taken by the council, and to file and
811	maintain such records in the Florida Forest Service Division of
812	Forestry as a public record.
813	Section 28.  Section 589.011, Florida Statutes, is amended
814	to read:
815	589.011  Use of state forest lands; fees; rules.-The
816	Florida Forest Service may:
817	(1)  The Division of Forestry of the Department of
818	Agriculture and Consumer Services may Grant privileges, permits,
819	leases, and concessions for the use of state forest lands,
820	timber, and forest products for purposes not inconsistent with
821	the provisions of this chapter.
822	(2)  The Division of Forestry is authorized to Grant
823	easements for rights-of-way, over, across, and upon state forest
824	lands for the construction and maintenance of public roads,
825	poles and lines for the transmission and distribution of
826	electrical power, pipelines for the distribution and
827	transportation of oils and gases, and poles and lines for
828	telephone and telegraphic purposes and for public roads, under
829	such conditions and limitations as the Florida Forest Service
830	division may impose.
831	(3)  The Division of Forestry shall have the power to Set
832	and charge reasonable fees or rent for the use or operation of
833	facilities on state forests or any lands leased by or otherwise
834	assigned to the Florida Forest Service division for management
835	purposes. Moneys collected from such fees and rent shall be
836	deposited into the Incidental Trust Fund of the Florida Forest
837	Service division.
838	(4)  The Division of Forestry may Adopt and enforce rules
839	necessary for the protection, use utilization, occupancy, and
840	development of state forest lands or any lands leased by or
841	otherwise assigned to the Florida Forest Service division for
842	management purposes. Any person who violates violating or
843	otherwise fails failing to comply with any provision of this
844	subsection or any rule adopted under this subsection commits a
845	noncriminal violation as defined in s. 775.08(3), punishable
846	only by a fine, not to exceed $500 per violation. Jurisdiction
847	shall be with The appropriate county court has jurisdiction.
848	(5)  The Division of Forestry may Prohibit on state forest
849	lands, or any lands leased by or otherwise assigned to the
850	Florida Forest Service division for management purposes,
851	activities that interfere with management objectives, create a
852	nuisance, or pose a threat to public safety. Such prohibited
853	activities must be posted with signs not more than 500 feet
854	apart along, and at each corner of, the boundaries of the land.
855	The signs must be placed along the boundary line of posted land
856	in a manner and in such position as to be clearly noticeable
857	from outside the boundary line. A person who violates the
858	provisions of this subsection commits a misdemeanor of the
859	second degree, punishable as provided in s. 775.082 or s.
860	775.083.
861	(6)  The Division of Forestry may Enter into contracts or
862	agreements, with or without competitive bidding or procurement,
863	to make available, on a fair, reasonable, and nondiscriminatory
864	basis, property and other structures under the Florida Forest
865	Service's division control for the placement of new facilities
866	by any wireless provider of mobile service as defined in 47
867	U.S.C. s. 153(27) or 47 U.S.C. s. 332(d) or any
868	telecommunications company as defined in s. 364.02 when it is
869	determined to be practical and feasible to make such property or
870	other structures available. The Florida Forest Service division
871	may, without adopting a rule, charge a just, reasonable, and
872	nondiscriminatory fee for the placement of the facilities,
873	payable annually, based on the fair market value of space used
874	by comparable communications facilities in the state. The
875	Florida Forest Service division and a wireless provider or
876	telecommunications company may negotiate the reduction or
877	elimination of a fee in consideration of services provided to
878	the Florida Forest Service division by the wireless provider or
879	telecommunications company. All such fees collected by the
880	Florida Forest Service division shall be deposited in the
881	Incidental Trust Fund.
882	Section 29.  Section 589.012, Florida Statutes, is amended
883	to read:
884	589.012  Friends of Florida State Forests Program.-The
885	Friends of Florida State Forests Program is established within
886	the Department of Agriculture and Consumer Services. Its purpose
887	is to provide support and assistance for existing and future
888	programs of the Florida Forest Service Division of Forestry.
889	These programs must be consistent with the division's mission
890	statement which is incorporated by reference. The purpose of the
891	program is to:
892	(1)  Conduct programs and activities related to
893	environmental education, fire prevention, recreation, and forest
894	management.
895	(2)  Identify and pursue methods to provide resources and
896	materials for these programs.
897	(3)  Establish a statewide method to integrate these
898	resources and materials.
899	Section 30.  Section 589.04, Florida Statutes, is amended
900	to read:
901	589.04  Florida Forest Service; duties of division.-
902	(1)  The Florida Forest Service Division of Forestry shall
903	cooperate with federal, state, and local governmental agencies,
904	nonprofit organizations, and other persons to:
905	(a)  Promote and encourage forest fire protection, forest
906	environmental education, forest land stewardship, good forest
907	management, tree planting and care, forest recreation, and the
908	proper management of public lands.
909	(b)  Apply for, solicit, and receive grants, funds,
910	services, equipment, and supplies from those agencies,
911	organizations, firms, and individuals.
912	(2)  All grant proceeds and funds received for these
913	purposes shall be deposited in the Incidental Trust Fund of the
914	Florida Forest Service. Expenditures of these funds shall be for
915	the purposes established in this section.
916	(3)  The Florida Forest Service Division of Forestry shall
917	provide direction for the multiple-use management of forest
918	lands owned by the state; serve as the lead management agency
919	for state-owned land primarily suited for forest resource
920	management; and provide to other state agencies having land
921	management responsibilities technical guidance and management
922	plan development for managing the forest resources on state-
923	owned lands managed for other objectives. Multiple-use
924	management includes Multiple-purpose use shall include, but is
925	not limited to, water-resource protection, forest-ecosystems
926	protection, natural-resource-based low-impact recreation, and
927	sustainable timber management for forest products.
928	(4)  The Florida Forest Service Division of Forestry shall
929	begin immediately an aggressive program to reforest and
930	afforest, with appropriate tree species, lands over which the
931	Florida Forest Service division has forest resource management
932	responsibility.
933	Section 31.  Section 589.06, Florida Statutes, is amended
934	to read:
935	589.06  Warrants for payment of accounts.-Upon the
936	presentation to the Chief Financial Officer of any accounts duly
937	approved by the Florida Forest Service Division of Forestry,
938	accompanied by such itemized vouchers or accounts as shall be
939	required by her or him, the Chief Financial Officer shall audit
940	the same and draw a warrant for the amount for which the account
941	is audited, payable out of funds to the credit of the Florida
942	Forest Service division.
943	Section 32.  Section 589.07, Florida Statutes, is amended
944	to read:
945	589.07  Florida Forest Service Division may acquire lands
946	for forest purposes.-The Florida Forest Service Division of
947	Forestry, on behalf of the state and subject to the restrictions
948	mentioned in s. 589.08, may acquire lands, suitable for state
949	forest purposes, by gift, donation, contribution, purchase, or
950	otherwise and may enter into agreements with the Federal
951	Government, or any other agency, for acquiring by gift,
952	purchase, or otherwise, such lands as are, in the judgment of
953	the Florida Forest Service division, suitable and desirable for
954	state forests. The acquisition procedures for state lands
955	provided in s. 259.041 do not apply to acquisition of land by
956	the Florida Forest Service Division of Forestry.
957	Section 33.  Section 589.071, Florida Statutes, is amended
958	to read:
959	589.071  Traffic control within state forest or division-
960	assigned lands assigned to Florida Forest Service.-The Florida
961	Forest Service, Division of Forestry on behalf of the state, may
962	adopt rules to control ingress, egress, and all other movement
963	of motor vehicles, bicycles, horses, and pedestrians, as well as
964	all other types of traffic, within a state forest or any lands
965	leased by or otherwise assigned to the Florida Forest Service
966	division for management purposes, outside of the designated
967	right-of-way of state or county-maintained roads, and may
968	designate special areas off the roadways for the operation of
969	recreational type vehicles that which need not be licensed or
970	operated by licensed drivers. Any person who violates violating
971	or otherwise fails failing to comply with any of the provisions
972	of this section or any rule rules adopted under this section
973	commits pursuant hereto is guilty of a noncriminal violation as
974	defined in s. 775.08(3), punishable only by a fine not to exceed
975	$500. Jurisdiction shall be with The appropriate county court
976	has jurisdiction.
977	Section 34.  Section 589.08, Florida Statutes, is amended
978	to read:
979	589.08  Land acquisition restrictions.-
980	(1)  The Florida Forest Service may not Division of
981	Forestry shall enter into an no agreement for the acquisition,
982	lease, or purchase of any land or for any other purpose that
983	pledges whatsoever which shall pledge the credit of, or
984	obligates obligate in any manner whatsoever, the state to pay
985	any sum of money or other thing of value for such purpose, and
986	the Florida Forest Service may said division shall not in any
987	manner or for any purpose pledge the credit of or obligate the
988	state to pay any sum of money.
989	(2)  The Florida Forest Service division may receive, hold
990	the custody of, and exercise the control of any lands, and set
991	aside into a separate, distinct, and inviolable fund, any
992	proceeds derived from the sales of the products of such lands,
993	the use thereof in any manner, or the sale of such lands, except
994	for save the 25 percent of the proceeds to be paid into the
995	State School Fund as provided by law. The Florida Forest Service
996	division may use and apply such funds for the acquisition, use,
997	custody, management, development, or improvement of any lands
998	vested in or subject to the control of the Florida Forest
999	Service division. After full payment is has been made for the
1000	purchase of a state forest to the Federal Government or other
1001	grantor, 15 percent of the gross receipts from a state forest
1002	shall be paid to the fiscally constrained county or counties, as
1003	described in s. 218.67(1), in which it is located in proportion
1004	to the acreage located in each county for use by the county or
1005	counties for school purposes.
1006	Section 35.  Section 589.081, Florida Statutes, is amended
1007	to read:
1008	589.081  Withlacoochee State Forest and Goethe State
1009	Forest; payment of portion of gross receipts.-The Florida Forest
1010	Service Division of Forestry shall pay 15 percent of the gross
1011	receipts from Withlacoochee State Forest and the Goethe State
1012	Forest to each fiscally constrained county, as described in s.
1013	218.67(1), in which a portion of the respective forest is
1014	located in proportion to the forest acreage located in such
1015	county. The funds must be equally divided between the board of
1016	county commissioners and the school board of each fiscally
1017	constrained county.
1018	Section 36.  Section 589.09, Florida Statutes, is amended
1019	to read:
1020	589.09  Use of lands acquired.-All lands acquired by the
1021	Florida Forest Service Division of Forestry on behalf of the
1022	state shall be in the custody of and subject to the
1023	jurisdiction, management, and control of the Florida Forest
1024	Service said division, and, for such purposes and the use
1025	utilization and development of such land, the Florida Forest
1026	Service said division may use the proceeds of the sale of any
1027	products therefrom, the proceeds of the sale of any such lands,
1028	except for save the 25 percent of such proceeds which shall be
1029	paid into the State School Fund as required by s. 1010.71(1),
1030	and such other funds as may be appropriated for use by the
1031	Florida Forest Service division, and in the opinion of the
1032	Florida Forest Service such division, available for such uses
1033	and purposes.
1034	Section 37.  Section 589.10, Florida Statutes, is amended
1035	to read:
1036	589.10  Disposition of lands.-The Florida Forest Service
1037	Division of Forestry, with the concurrence of the Board of
1038	Trustees of the Internal Improvement Trust Fund and the
1039	Governor, may sell, exchange, lease, or otherwise dispose of any
1040	lands under its jurisdiction by the provisions of this chapter
1041	when in its judgment it is advantageous to the state to do so in
1042	the interest of the highest orderly development, improvement,
1043	and management of the state forests and state parks. All such
1044	sales, exchanges, leases, or dispositions of such lands require,
1045	shall be at least 30 days' upon a 30-day public notice, to be
1046	given in the manner deemed reasonable by the Florida Forest
1047	Service division.
1048	Section 38.  Section 589.101, Florida Statutes, is amended
1049	to read:
1050	589.101  Blackwater River State Forest; lease of board's
1051	interest in gas, oil, and other minerals.-Notwithstanding the
1052	provisions of ss. 253.51-253.61, the Florida Forest Service may
1053	Division of Forestry is hereby expressly granted the authority
1054	to lease its 25-percent interest in oil, gas, and other minerals
1055	within the boundaries of the Blackwater River State Forest;
1056	provided, however, such leases may only that grants shall be
1057	made only to the lessee or lessees holding the 75-percent
1058	interest in such said minerals retained by the United States in
1059	its conveyance to this state. The concurrence of the Board of
1060	Trustees of the Internal Improvement Trust Fund required by s.
1061	589.10 is shall not be necessary under the provisions of this
1062	section.
1063	Section 39.  Section 589.11, Florida Statutes, is amended
1064	to read:
1065	589.11  Duties of Florida Forest Service under federal
1066	division as to Clarke-McNary Act Law.-
1067	(1)  The Florida Forest Service may, Division of Forestry
1068	is designated and authorized as an the agent of the state, to
1069	cooperate with the United States Secretary of Agriculture under
1070	s. 5 of the federal the provisions of "ss. 4 and 5, Chapter 348,
1071	43 Statutes 654, Acts of Congress, June 7, 1924, known as the
1072	Clarke-McNary Act, 16 U.S.C. s. 568, Law," to assist owners of
1073	farms in establishing, improving, and renewing woodlots,
1074	shelterbelts, windbreaks, and other valuable forest growth; in
1075	growing and renewing useful timber crops; and in cooperating to
1076	cooperate with the wood-using industries or other agencies,
1077	governmental or otherwise, interested in proper land use, forest
1078	management, and conservative forest utilization.
1079	(2)  As a means of providing seedling trees for the
1080	purposes of this section, the Florida Forest Service may
1081	division is authorized to operate a seedling tree nursery
1082	program and to set reasonable prices for the sale to the public
1083	of seedling trees. Receipts from the sale of seedling trees
1084	shall be deposited into the Incidental Trust Fund of the Florida
1085	Forest Service division.
1086	Section 40.  Section 589.12, Florida Statutes, is amended
1087	to read:
1088	(Substantial rewording of section. See
1089	s. 589.12, F.S., for present text.)
1090	589.12  Rulemaking.-The Florida Forest Service may adopt
1091	rules and take other reasonable and necessary actions to
1092	administer ss. 589.07-589.11.
1093	Section 41.  Section 589.13, Florida Statutes, is amended
1094	to read:
1095	589.13  Lien of Florida Forest Service division and other
1096	parties, for forestry work, etc.-Liens prior in dignity to all
1097	others accruing thereafter shall exist in favor of the following
1098	persons, boards, firms, or corporations upon the following
1099	described real estate, under the following circumstances
1100	hereinafter mentioned:
1101	(1)  The Florida Forest Service Division of Forestry, the
1102	United States Government, or other governmental authority, upon
1103	all lands covered in any cooperative or other agreement entered
1104	into between the landowner and the Florida Forest Service
1105	division (which term shall embrace and include agreements with
1106	the Florida Forest Service Division of Forestry).;
1107	(2)  The United States Government or other governmental
1108	authority, for the prevention and control of woods fires and
1109	other forestry work to the extent of the amounts expended by the
1110	Florida Forest Service such division, service, or other
1111	governmental authority for and on behalf of the landowner and
1112	not paid by the landowner under the terms of such said
1113	agreement.
1114	Section 42.  Section 589.14, Florida Statutes, is amended
1115	to read:
1116	589.14  Enforcement of lien; notice.-The Florida Forest
1117	Service Division of Forestry, United States Government, or other
1118	governmental authority is shall be entitled to the subject said
1119	real estate in equity for the value of such expenditures made by
1120	it in pursuance of any such agreement, and may, at any time
1121	after the expenditure thereof and after default in payment
1122	thereof by the landowner in accordance with the terms of such
1123	agreement, file in the office of the clerk of the circuit court
1124	of the county in which the property is located, and have
1125	recorded in the record of liens kept by such clerk, a notice of
1126	the expenditures made in pursuance of such agreement and of
1127	default of the landowner in the payment of same in accordance
1128	with the terms thereof (the form of notice being provided in s.
1129	589.15), and from the date of the filing of such notice, the
1130	rights of purchasers or creditors of such landowner shall be
1131	subject and subordinate to the claim set out in the notice.
1132	Section 43.  Section 589.18, Florida Statutes, is amended
1133	to read:
1134	589.18  Florida Forest Service; Division to make certain
1135	investigations.-The Florida Forest Service Division of Forestry
1136	shall conduct investigations and make surveys to determine the
1137	areas of land in the state that which are available and suitable
1138	for reforestation projects and state forests, and may make
1139	recommendations recommend to the Board of Trustees of the
1140	Internal Improvement Trust Fund, any state agency, or any agency
1141	created by state law that which is authorized to accept lands in
1142	the name of the state, concerning their acquisition. The Florida
1143	Forest Service is division shall be considered as a state agency
1144	for purposes of under this section law.
1145	Section 44.  Section 589.19, Florida Statutes, is amended
1146	to read:
1147	589.19  Creation of certain state forests; naming of
1148	certain state forests.-
1149	(1)  When the Board of Trustees of the Internal Improvement
1150	Trust Fund, any state agency, or any agency created by state law
1151	that is, authorized to accept reforestation lands in the name of
1152	the state, approves the recommendations of the Florida Forest
1153	Service Division of Forestry in reference to the acquisition of
1154	land and acquires acquire such land, such the said board, state
1155	agency, or agency created by state law, may formally designate
1156	and dedicate any area as a reforestation project, or state
1157	forest, and where so designated and dedicated, such area shall
1158	be under the administration of the Florida Forest Service,
1159	division which may shall be authorized to manage and administer
1160	such said area according to the purpose for which it was
1161	designated and dedicated.
1162	(2)  The first state forest acquired by the Board of
1163	Trustees of the Internal Improvement Trust Fund in Baker County
1164	is designated as to be named the John M. Bethea State Forest.
1165	This designation honors is to honor Mr. John M. Bethea, who was
1166	Florida's fourth State Forester and a native of Baker County,
1167	and whose distinguished career in state government spanned 46
1168	years and who is a native of Baker County.
1169	(3)  The state forest managed by the Florida Forest Service
1170	Division of Forestry in Seminole County is designated as to be
1171	named the Charles H. Bronson State Forest. This designation
1172	honors to honor Charles H. Bronson, the tenth Commissioner of
1173	Agriculture, for his distinguished contribution to this state's
1174	agriculture and natural resources.
1175	Section 45.  Section 589.20, Florida Statutes, is amended
1176	to read:
1177	589.20  Cooperation by Florida Forest Service division.-The
1178	Florida Forest Service Division of Forestry may cooperate with
1179	other state agencies that, who are custodians of lands that
1180	which are suitable for forestry purposes, in the designation and
1181	dedication of such lands for forestry purposes when, in the
1182	opinion of the state agencies concerned, such lands are suitable
1183	for these purposes and can be so administered. Upon the
1184	designation and dedication of such said lands for these purposes
1185	by the agencies concerned, such said lands shall be administered
1186	by the Florida Forest Service division.
1187	Section 46.  Section 589.21, Florida Statutes, is amended
1188	to read:
1189	589.21  Management to be for public interest.-All state
1190	forests and reforestation projects mentioned in this chapter
1191	shall be managed and administered by the Florida Forest Service
1192	Division of Forestry in the interests of the public. If the
1193	public interests are not already safeguarded and clearly defined
1194	by law or by regulations adopted by the state agencies
1195	authorized by law to administer such lands, or in the papers
1196	formally transferring such said projects to the Florida Forest
1197	Service division for administration, then, and in that event,
1198	the Florida Forest Service division may define the purposes
1199	purpose of such projects said project. Such definition of
1200	purposes shall be construed to have the authority of law.
1201	Section 47.  Section 589.26, Florida Statutes, is amended
1202	to read:
1203	589.26  Dedication of state park lands for public use.-The
1204	Florida Forest Service may periodically Division of Forestry is
1205	authorized and empowered, from time to time, to dedicate and
1206	reserve for the use of the public all or any part of the lands
1207	heretofore or hereafter acquired by the Florida Forest Service
1208	said Division of Forestry for park purposes, regardless of when
1209	such lands are acquired; provided, however, such that said
1210	dedication and reservation are shall be subject to such rules
1211	and regulations, as to reasonable use by the public, as may be
1212	adopted by the Division of Recreation and Parks of the
1213	Department of Environmental Protection.
1214	Section 48.  Section 589.27, Florida Statutes, is amended
1215	to read:
1216	589.27  Power of eminent domain; procedure.-Whenever the
1217	Florida Forest Service finds Division of Forestry shall find it
1218	necessary to acquire private property for state forests, for or
1219	rights-of-way for state forest roads, or for exercising any of
1220	the powers and duties assigned authorized and prescribed by law
1221	to be exercised and performed by the Florida Forest Service
1222	Division of Forestry, the Florida Forest Service may Division of
1223	Forestry is hereby empowered and authorized to exercise the
1224	right of eminent domain and to proceed to condemn such said
1225	property in the same manner as provided by law for the
1226	condemnation of private property by counties.
1227	Section 49.  Section 589.275, Florida Statutes, is amended
1228	to read:
1229	589.275  Planting of indigenous trees on state lands.-The
1230	It is the intent of the Legislature intends to partially restore
1231	the character of the state's original domain of Florida by
1232	planting native trees on state lands, and to this end all state
1233	lands shall have a portion of such lands designated for
1234	indigenous trees, to be established and maintained by the using
1235	agency with the assistance of the Florida Forest Service
1236	Division of Forestry of the Department of Agriculture and
1237	Consumer Services. If the Florida Forest Service division, or
1238	primary managing agency, determines that any state lands are
1239	unsuitable for this purpose, such lands are shall be exempt from
1240	this requirement.
1241	Section 50.  Section 589.277, Florida Statutes, is amended
1242	to read:
1243	589.277  Tree planting programs.-
1244	(1)  The Division of Forestry of the Florida Forest Service
1245	Department of Agriculture and Consumer Services shall administer
1246	federal, state, and privately sponsored tree planting programs
1247	designed to assist private rural landowners and urban
1248	communities.
1249	(2)  Contributions from governmental and private sources
1250	for tree planting programs may be accepted into the Federal
1251	Grants Trust Fund.
1252	(3)  The Florida Forest Service shall Division of Forestry
1253	is authorized and directed to develop and implement guidelines
1254	and procedures under which the financial resources of the fund
1255	allocated for tree planting programs may be used utilized for
1256	urban and rural reforestation.
1257	(4)  Grants to municipalities, counties, nonprofit
1258	organizations, and qualifying private landowners may be made
1259	from allocated moneys in the fund for the purpose of purchasing,
1260	planting, and maintaining native tree species.
1261	(5)  The Florida Forest Service Division of Forestry shall
1262	assist the Department of Education in developing programs that
1263	teach the importance of trees in the urban, rural, and global
1264	environment.
1265	Section 51.  Section 589.28, Florida Statutes, is amended
1266	to read:
1267	589.28  County commissions or municipalities authorized to
1268	cooperate with Florida Forest Service Division of Forestry.-
1269	County commissions or municipalities may are authorized to
1270	cooperate with the Florida Forest Service Division of Forestry
1271	of the Department of Agriculture and Consumer Services in
1272	providing assistance in forestry and forest-related knowledge
1273	and skills to stimulate the production of timber wealth through
1274	the proper use of forest land and to protect and improve the
1275	beauty of urban and suburban areas by helping to create in them
1276	an attractive and healthy environment through the proper use of
1277	trees and related plant associations. County commissions or
1278	municipalities may are hereby authorized to appropriate funds
1279	and enter into cooperative agreements with the Florida Forest
1280	Service Division of Forestry under the terms and conditions set
1281	forth in ss. 589.28-589.34.
1282	Section 52.  Section 589.29, Florida Statutes, is amended
1283	to read:
1284	589.29  Quality of assistance.-Any advice and assistance
1285	provided under ss. 589.28-589.34 is shall be the responsibility
1286	of the State Forester and the Florida Forest Service Division of
1287	Forestry and shall be conducted under the supervision of a
1288	professional forester in an efficient and competent manner by
1289	personnel who have the required education, training, and
1290	experience to accomplish the objectives of these sections.
1291	Section 53.  Section 589.30, Florida Statutes, is amended
1292	to read:
1293	589.30  Duty of district forester.-It shall be the duty of
1294	The district forester shall to direct all work in accordance
1295	with the law and with rules adopted by regulations of the
1296	Florida Forest Service Division of Forestry; gather and
1297	disseminate information in the management of commercial timber,
1298	including establishment, protection, and use utilization; and
1299	assist in the development and use of forest lands for outdoor
1300	recreation, watershed protection, and wildlife habitat. The
1301	district forester or his or her representative shall provide
1302	encouragement and technical assistance to individuals and urban
1303	and county officials in the planning, establishment, and
1304	management of trees and plant associations to enhance the beauty
1305	of the urban and suburban environment and meet outdoor
1306	recreational needs.
1307	Section 54.  Section 589.31, Florida Statutes, is amended
1308	to read:
1309	589.31  Cooperative agreement.-Before any assistance is
1310	provided under ss. 589.28-589.34 this law, the county or
1311	municipality and the Florida Forest Service Division of
1312	Forestry, through their duly constituted representatives, shall
1313	enter into a mutually satisfactory cooperative agreement
1314	covering the specific duties, and set up a budget for any fiscal
1315	period beginning July 1 and ending June 30., and The county's or
1316	municipality's share of the budget provided shall be remitted
1317	turned over to the Florida Forest Service Division of Forestry,
1318	one-half on or before July 1, and the remainder on or before
1319	January 1, and deposited placed in the Incidental Trust Fund of
1320	the Florida Forest Service Division of Forestry.
1321	Section 55.  Section 589.32, Florida Statutes, is amended
1322	to read:
1323	589.32  Cost of providing county or municipal forestry
1324	assistance.-The cost of county or municipal forestry assistance
1325	provided under the provisions of ss. 589.28-589.34 shall be
1326	jointly determined and paid by the Florida Forest Service
1327	Division of Forestry and the county commission or municipality.
1328	Such cost must and shall be at least not less than 40 percent of
1329	the cost of the equivalent of 1 person-year of assistance.
1330	However, the county or municipality share may shall not exceed
1331	the sum of $3,000 per annum for each person-year of assistance
1332	provided.
1333	Section 56.  Section 589.33, Florida Statutes, is amended
1334	to read:
1335	589.33  Expenditure of budgeted funds.-The Florida Forest
1336	Service shall expend any money budgeted for a fiscal period
1337	shall be expended by the Division of Forestry during the period
1338	for which it was budgeted, and amounts not expended or
1339	specifically obligated by contract or other legal procedure
1340	during that period shall be available for the next fiscal period
1341	or shall be returned to the Florida Forest Service Division of
1342	Forestry and the county or municipality in the same proportions
1343	as appropriated. However, if when 40 percent of the cost of 1
1344	person-year of assistance equals or exceeds $3,000, then in that
1345	event all of the budget balance reverts will revert to the
1346	Florida Forest Service Division of Forestry.
1347	Section 57.  Section 589.34, Florida Statutes, is amended
1348	to read:
1349	589.34  Revocation of agreement.-Any agreement or revision
1350	thereof entered into by the Florida Forest Service Division of
1351	Forestry and a county or municipality under ss. 589.28-589.34
1352	the provisions of this law shall continue from year to year,
1353	unless written notice is given to the other party 30 days before
1354	prior to July 1 of any year of the intention to discontinue the
1355	work and cancel the agreement.
1356	Section 58.  Section 590.01, Florida Statutes, is amended
1357	to read:
1358	590.01  Wildfire protection.-The Florida Forest Service
1359	division has the primary responsibility for preventing,
1360	detecting, and suppressing prevention, detection, and
1361	suppression of wildfires wherever they may occur. The Florida
1362	Forest Service division shall provide leadership and direction
1363	in evaluating, coordinating, allocating the evaluation,
1364	coordination, allocation of resources for, and monitoring of
1365	wildfire management and protection. The Florida Forest Service
1366	division shall promote natural resource management and fuel
1367	reduction through the use of prescribed fire and other fuel
1368	reduction measures.
1369	Section 59.  Subsections (2) through (5) of section
1370	590.015, Florida Statutes, are renumbered as subsections (1)
1371	through (4), respectively, and present subsection (1) of that
1372	section is amended to read:
1373	590.015  Definitions.-As used in this chapter, the term:
1374	(1)  "Division" means the Division of Forestry of the
1375	Department of Agriculture and Consumer Services.
1376	Section 60.  Section 590.02, Florida Statutes, is amended
1377	to read:
1378	590.02  Florida Forest Service; Division powers, authority,
1379	and duties; liability; building structures; Florida Center for
1380	Wildfire and Forest Resources Management Training.-
1381	(1)  The Florida Forest Service division has the following
1382	powers, authority, and duties:
1383	(a)  To enforce the provisions of this chapter.;
1384	(b)  To prevent, detect, suppress, and extinguish wildfires
1385	wherever they may occur on public or private land in this state
1386	and to do all things necessary in the exercise of such powers,
1387	authority, and duties.;
1388	(c)  To provide firefighting crews, who shall be under the
1389	control and direction of the Florida Forest Service division and
1390	its designated agents.;
1391	(d)  To appoint center managers, forest area supervisors,
1392	forestry program administrators, a forest protection bureau
1393	chief, a forest protection assistant bureau chief, a field
1394	operations bureau chief, deputy chiefs of field operations,
1395	district managers, senior forest rangers, investigators, forest
1396	rangers, firefighter rotorcraft pilots, and other employees who
1397	may, at the division's discretion of the Florida Forest Service,
1398	be certified as forestry firefighters under pursuant to s.
1399	633.35(4). Notwithstanding any other provisions of law
1400	notwithstanding, center managers, district managers, the forest
1401	protection assistant bureau chief, and deputy chiefs of field
1402	operations shall have Selected Exempt Service status in the
1403	state personnel designation.;
1404	(e)  To develop a training curriculum for forestry
1405	firefighters that contains which must contain the basic
1406	volunteer structural fire training course approved by the
1407	Florida State Fire College of the Division of State Fire Marshal
1408	and a minimum of 250 hours of wildfire training.;
1409	(f)  To adopt make rules to administer accomplish the
1410	purposes of this chapter.;
1411	(g)  To provide fire management services and emergency
1412	response assistance and to set and charge reasonable fees for
1413	performance of those services. Moneys collected from such fees
1414	shall be deposited into the Incidental Trust Fund of the Florida
1415	Forest Service. division; and
1416	(h)  To require all state, regional, and local government
1417	agencies operating aircraft in the vicinity of an ongoing
1418	wildfire to operate in compliance with the applicable state
1419	Wildfire Aviation Plan.
1420	(2)  Division Employees of the Florida Forest Service, and
1421	the firefighting crews under their control and direction, may
1422	enter upon any lands for the purpose of preventing and
1423	suppressing wildfires and investigating smoke complaints or open
1424	burning not in compliance with authorization and to enforce the
1425	provisions of this chapter.
1426	(3)  Employees of the Florida Forest Service division and
1427	of federal, state, and local agencies, and all other persons and
1428	entities that are under contract or agreement with the Florida
1429	Forest Service division to assist in firefighting operations as
1430	well as those entities, called upon by the Florida Forest
1431	Service division to assist in firefighting may, in the
1432	performance of their duties, set counterfires, remove fences and
1433	other obstacles, dig trenches, cut firelines, use water from
1434	public and private sources, and carry on all other customary
1435	activities in the fighting of wildfires without incurring
1436	liability to any person or entity.
1437	(4)  The department may build structures, notwithstanding
1438	chapters 216 and 255, not to exceed a cost of $50,000 per
1439	structure from existing resources on forest lands, federal
1440	excess property, and unneeded existing structures. These
1441	structures must meet all applicable building codes.
1442	(5)  The Florida Forest Service division shall organize its
1443	operational units to most effectively prevent, detect, and
1444	suppress wildfires, and, to that end, may employ the necessary
1445	personnel to manage its activities in each unit. The Florida
1446	Forest Service division may construct lookout towers, roads,
1447	bridges, firelines, and other facilities and may purchase or
1448	fabricate tools, supplies, and equipment for firefighting. The
1449	Florida Forest Service division may reimburse the public and
1450	private entities that it engages to assist in the suppression of
1451	wildfires for their personnel and equipment, including aircraft.
1452	(6)  The Florida Forest Service division shall undertake
1453	privatization alternatives for fire prevention activities
1454	including constructing fire lines and conducting prescribed
1455	burns and, where appropriate, entering into agreements or
1456	contracts with the private sector to perform such activities.
1457	(7)  The Florida Forest Service division may organize,
1458	staff, equip, and operate the Florida Center for Wildfire and
1459	Forest Resources Management Training. The center shall serve as
1460	a site where fire and forest resource managers can obtain
1461	current knowledge, techniques, skills, and theory as they relate
1462	to their respective disciplines.
1463	(a)  The center may establish cooperative efforts involving
1464	federal, state, and local entities; hire appropriate personnel;
1465	and engage others by contract or agreement with or without
1466	compensation to assist in carrying out the training and
1467	operations of the center.
1468	(b)  The center shall provide wildfire suppression training
1469	opportunities for rural fire departments, volunteer fire
1470	departments, and other local fire response units.
1471	(c)  The center shall will focus on curriculum related to,
1472	but not limited to, fuel reduction, an incident management
1473	system, prescribed burning certification, multiple-use land
1474	management, water quality, forest health, environmental
1475	education, and wildfire suppression training for structural
1476	firefighters.
1477	(d)  The center may assess appropriate fees for food,
1478	lodging, travel, course materials, and supplies in order to meet
1479	its operational costs and may grant free meals, room, and
1480	scholarships to persons and other entities in exchange for
1481	instructional assistance.
1482	(e)  An advisory committee consisting of the following
1483	individuals or their designees must review program curriculum,
1484	course content, and scheduling:
1485	1.  The State Forester or his or her designee. Director of
1486	the Florida Division of Forestry; the assistant director of the
1487	Florida Division of Forestry;
1488	2.  The director of the School of Forest Resources and
1489	Conservation of the University of Florida.;
1490	3.  The director of the Division of Recreation and Parks of
1491	the Department of Environmental Protection.;
1492	4.  The director of the Division of the State Fire
1493	Marshal.;
1494	5.  The director of the Florida Chapter of The Nature
1495	Conservancy.;
1496	6.  The executive vice president of the Florida Forestry
1497	Association.;
1498	7.  The president of the Florida Farm Bureau Federation.;
1499	8.  The executive director of the Fish and Wildlife
1500	Conservation Commission.;
1501	9.  The executive director of a water management district
1502	as appointed by the Commissioner of Agriculture.;
1503	10.  The supervisor of the National Forests in Florida.;
1504	11.  The president of the Florida Fire Chief's
1505	Association.; and
1506	12.  The executive director of the Tall Timbers Research
1507	Station.
1508	(8)  The Cross City Work Center is designated as shall be
1509	named the L. Earl Peterson Forestry Station. This designation
1510	honors is to honor Mr. L. Earl Peterson, Florida's sixth State
1511	Forester and a native of Dixie County, whose distinguished
1512	career in state government has spanned 44 years, and who is a
1513	native of Dixie County.
1514	Section 61.  Subsection (3) of section 590.081, Florida
1515	Statutes, is amended to read:
1516	590.081  Severe drought conditions; burning prohibited.-
1517	(3)  It is unlawful for any person to set fire to, or cause
1518	fire to be set to, any wild lands or to build a campfire or
1519	bonfire or to burn trash or other debris within the designated
1520	area of a severe drought emergency unless a written permit is
1521	obtained from the Florida Forest Service division or its
1522	designated agent.
1523	Section 62.  Section 590.091, Florida Statutes, is amended
1524	to read:
1525	590.091  Designation of railroad rights-of-way as wildfire
1526	hazard areas.-
1527	(1)  The Florida Forest Service division may annually
1528	designate, on or before October 1, those railroad rights-of-way
1529	in this state that which are known wildfire hazard areas.
1530	(2)  It shall be the duty of all railroad companies
1531	operating in this state to maintain their rights-of-way
1532	designated as provided in subsection (1), as known wildfire
1533	hazard areas, in an approved condition as shall be prescribed by
1534	rule of the Florida Forest Service division and to provide
1535	adequate firebreaks where needed, so as to prevent fire from
1536	igniting or spreading from rights-of-way to adjacent property.
1537	Section 63.  Paragraph (b) of subsection (1), paragraph (a)
1538	of subsection (2), paragraphs (a), (b), and (e) of subsection
1539	(3), and subsection (4) of section 590.125, Florida Statutes,
1540	are amended to read:
1541	590.125  Open burning authorized by the Florida Forest
1542	Service division.-
1543	(1)  DEFINITIONS.-As used in this section, the term:
1544	(b)  "Certified prescribed burn manager" means an
1545	individual who successfully completes the certification program
1546	of the Florida Forest Service division and possesses a valid
1547	certification number.
1548	(2)  NONCERTIFIED BURNING.-
1549	(a)  Persons may be authorized to burn wild land or
1550	vegetative land-clearing debris in accordance with this
1551	subsection if:
1552	1.  There is specific consent of the landowner or his or
1553	her designee;
1554	2.  Authorization has been obtained from the Florida Forest
1555	Service division or its designated agent before starting the
1556	burn;
1557	3.  There are adequate firebreaks at the burn site and
1558	sufficient personnel and firefighting equipment for the control
1559	of the fire;
1560	4.  The fire remains within the boundary of the authorized
1561	area;
1562	5.  Someone is present at the burn site until the fire is
1563	extinguished;
1564	6.  The Florida Forest Service division does not cancel the
1565	authorization; and
1566	7.  The Florida Forest Service division determines that air
1567	quality and fire danger are favorable for safe burning.
1568	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1569	PURPOSE.-
1570	(a)  The application of prescribed burning is a land
1571	management tool that benefits the safety of the public, the
1572	environment, and the economy of the state. The Legislature finds
1573	that:
1574	1.  Prescribed burning reduces vegetative fuels within wild
1575	land areas. Reduction of the fuel load reduces the risk and
1576	severity of wildfire, thereby reducing the threat of loss of
1577	life and property, particularly in urban areas.
1578	2.  Most of Florida's natural communities require periodic
1579	fire for maintenance of their ecological integrity. Prescribed
1580	burning is essential to the perpetuation, restoration, and
1581	management of many plant and animal communities. Significant
1582	loss of the state's biological diversity will occur if fire is
1583	excluded from fire-dependent systems.
1584	3.  Forestland and rangeland constitute significant
1585	economic, biological, and aesthetic resources of statewide
1586	importance. Prescribed burning on forestland prepares sites for
1587	reforestation, removes undesirable competing vegetation,
1588	expedites nutrient cycling, and controls or eliminates certain
1589	forest pathogens. On rangeland, prescribed burning improves the
1590	quality and quantity of herbaceous vegetation necessary for
1591	livestock production.
1592	4.  The state purchased hundreds of thousands of acres of
1593	land for parks, preserves, wildlife management areas, forests,
1594	and other public purposes. The use of prescribed burning for
1595	management of public lands is essential to maintain the specific
1596	resource values for which these lands were acquired.
1597	5.  A public education program is necessary to make
1598	citizens and visitors aware of the public safety, resource, and
1599	economic benefits of prescribed burning.
1600	6.  Proper training in the use of prescribed burning is
1601	necessary to ensure maximum benefits and protection for the
1602	public.
1603	7.  As Florida's population continues to grow, pressures
1604	from liability issues and nuisance complaints inhibit the use of
1605	prescribed burning. Therefore, the Florida Forest Service
1606	division is urged to maximize the opportunities for prescribed
1607	burning conducted during its daytime and nighttime authorization
1608	process.
1609	(b)  Certified prescribed burning pertains only to
1610	broadcast burning. It must be conducted in accordance with this
1611	subsection and:
1612	1.  May be accomplished only when a certified prescribed
1613	burn manager is present on site with a copy of the prescription
1614	from ignition of the burn to its completion.
1615	2.  Requires that a written prescription be prepared before
1616	receiving authorization to burn from the Florida Forest Service
1617	division.
1618	3.  Requires that the specific consent of the landowner or
1619	his or her designee be obtained before requesting an
1620	authorization.
1621	4.  Requires that an authorization to burn be obtained from
1622	the Florida Forest Service division before igniting the burn.
1623	5.  Requires that there be adequate firebreaks at the burn
1624	site and sufficient personnel and firefighting equipment for the
1625	control of the fire.
1626	6.  Is considered to be in the public interest and does not
1627	constitute a public or private nuisance when conducted under
1628	applicable state air pollution statutes and rules.
1629	7.  Is considered to be a property right of the property
1630	owner if vegetative fuels are burned as required in this
1631	subsection.
1632	(e)  The Florida Forest Service division shall adopt rules
1633	for the use of prescribed burning and for certifying and
1634	decertifying certified prescribed burn managers based on their
1635	past experience, training, and record of compliance with this
1636	section.
1637	(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE FLORIDA
1638	FOREST SERVICE DIVISION.-The Florida Forest Service division may
1639	conduct fuel reduction initiatives, including, but not limited
1640	to, burning and mechanical and chemical treatment, on any area
1641	of wild land within the state which is reasonably determined to
1642	be in danger of wildfire in accordance with the following
1643	procedures:
1644	(a)  Describe the areas that will receive fuels treatment
1645	to the affected local governmental entity.
1646	(b)  Publish a treatment notice, including a description of
1647	the area to be treated, in a conspicuous manner in at least one
1648	newspaper of general circulation in the area of the treatment
1649	not less than 10 days before the treatment.
1650	(c)  Prepare, and the county tax collector shall include
1651	with the annual tax statement, a notice to be sent to all
1652	landowners in each township designated by the Florida Forest
1653	Service division as a wildfire hazard area. The notice must
1654	describe particularly the area to be treated and the tentative
1655	date or dates of the treatment and must list the reasons for and
1656	the expected benefits from the wildfire hazard reduction.
1657	(d)  Consider any landowner objections to the fuels
1658	treatment of his or her property. The landowner may apply to the
1659	State Forester director of the division for a review of
1660	alternative methods of fuel reduction on the property. If the
1661	State Forester director or his or her designee does not resolve
1662	the landowner objection, the State Forester director shall
1663	convene a panel made up of the local forestry unit manager, the
1664	fire chief of the jurisdiction, and the affected county or city
1665	manager, or any of their designees. If the panel's
1666	recommendation is not acceptable to the landowner, the landowner
1667	may request further consideration by the Commissioner of
1668	Agriculture or his or her designee and shall thereafter be
1669	entitled to an administrative hearing pursuant to the provisions
1670	of chapter 120.
1671	Section 64.  Section 590.14, Florida Statutes, is amended
1672	to read:
1673	590.14  Notice of violation; penalties.-
1674	(1)  If a Florida Forest Service division employee
1675	determines that a person has violated chapter 589 or this
1676	chapter, he or she may issue a notice of violation indicating
1677	the statute violated. This notice shall will be filed with the
1678	Florida Forest Service division and a copy forwarded to the
1679	appropriate law enforcement entity for further action if
1680	necessary.
1681	(2)  In addition to any penalties provided by law, any
1682	person who causes a wildfire or permits any authorized fire to
1683	escape the boundaries of the authorization or to burn past the
1684	time of the authorization is liable for the payment of all
1685	reasonable costs and expenses incurred in suppressing the fire
1686	or $150, whichever is greater. All costs and expenses incurred
1687	by the Florida Forest Service division shall be payable to the
1688	Florida Forest Service division. When such costs and expenses
1689	are not paid within 30 days after demand, the Florida Forest
1690	Service division may take proper legal proceedings for the
1691	collection of the costs and expenses. Those costs incurred by an
1692	agency acting at the division's direction of the Florida Forest
1693	Service are recoverable by that agency.
1694	(3)  The department may also impose an administrative fine,
1695	not to exceed $1,000 per violation of any section of chapter 589
1696	or this chapter. The fine shall be based upon the degree of
1697	damage, the prior violation record of the person, and whether
1698	the person knowingly provided false information to obtain an
1699	authorization. The fines shall be deposited in the Incidental
1700	Trust Fund of the Florida Forest Service division.
1701	(4)  The penalties provided in this section shall extend to
1702	both the actual violator and the person or persons, firm, or
1703	corporation causing, directing, or permitting the violation.
1704	Section 65.  Section 590.16, Florida Statutes, is amended
1705	to read:
1706	590.16  Rewards.-The Florida Forest Service division, in
1707	its discretion, may offer and pay rewards for information
1708	leading to the arrest and conviction of any person who violates
1709	any provision of this chapter.
1710	Section 66.  Section 590.25, Florida Statutes, is amended
1711	to read:
1712	590.25  Penalty for preventing or obstructing
1713	extinguishment of wildfires.-Any person who interferes Whoever
1714	shall interfere with, obstructs, obstruct or commits commit any
1715	act aimed to obstruct the extinguishment of wildfires by the
1716	employees of the Florida Forest Service division or any other
1717	person engaged in the extinguishment of a wildfire, or who
1718	damages or destroys any equipment being used for such purpose,
1719	commits shall be guilty of a felony of the third degree,
1720	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1721	Section 67.  Section 590.33, Florida Statutes, is amended
1722	to read:
1723	590.33  State compact administrator; compact advisory
1724	committee.-In pursuance of art. III of the compact, the State
1725	Forester director of the division shall act as compact
1726	administrator for Florida of the Southeastern Interstate Forest
1727	Fire Protection Compact during his or her term of office as
1728	State Forester director, and his or her successor as compact
1729	administrator shall be his or her successor as State Forester
1730	director of the division. As compact administrator, he or she
1731	shall be an ex officio member of the advisory committee of the
1732	Southeastern Interstate Forest Fire Protection Compact, and
1733	chair ex officio of the Florida members of the advisory
1734	committee. There shall be four members of the Southeastern
1735	Interstate Forest Fire Protection Compact Advisory Committee
1736	from Florida. Two of the members from Florida shall be members
1737	of the Legislature of Florida, one from the Senate and one from
1738	the House of Representatives, and the terms of any such members
1739	shall terminate at the time they cease to hold legislative
1740	office, and their successors as members shall be named in like
1741	manner. The Governor shall appoint the other two members from
1742	Florida, one of whom shall be associated with forestry or forest
1743	products industries. The terms of such members shall be 3 years
1744	and such members shall hold office until their respective
1745	successors are shall be appointed and qualified. Vacancies
1746	occurring in the office of such members for from any reason or
1747	cause shall be filled by appointment by the Governor for the
1748	unexpired term. The State Forester, director of the division as
1749	compact administrator for Florida, may delegate, from time to
1750	time, to any deputy or other subordinate in his or her
1751	department or office, the power to be present and participate,
1752	including voting, as his or her representative or substitute at
1753	any meeting of or hearing by or other proceeding of the compact
1754	administrators or of the advisory committee. The terms of each
1755	of the initial four memberships, whether appointed at said time
1756	or not, shall begin upon the date upon which the compact becomes
1757	shall become effective in accordance with art. II of said
1758	compact. Any member of the advisory committee may be removed
1759	from office by the Governor upon charges and after a hearing.
1760	Section 68.  Section 590.34, Florida Statutes, is amended
1761	to read:
1762	590.34  State compact administrator and compact advisory
1763	committee members; powers; aid from other state agencies.-There
1764	is hereby granted to the State Forester director of the
1765	division, as compact administrator and chair ex officio of the
1766	Florida members of the advisory committee, and to the members
1767	from Florida of the advisory committee all the powers provided
1768	for in the compact and all the powers necessary or incidental to
1769	the carrying out of the compact in every particular. All
1770	officers of Florida are hereby authorized and directed to do all
1771	things falling within their respective provinces and
1772	jurisdiction necessary or incidental to the carrying out of the
1773	compact in every particular; it being hereby declared to be the
1774	policy of the state to perform and carry out the said compact
1775	and to accomplish the purposes thereof. All officers, bureaus,
1776	departments, and persons of and in the state government or
1777	administration of the state are hereby authorized and directed
1778	at convenient times and upon request of the compact
1779	administrator or of the advisory committee to furnish
1780	information data relating to the purposes of the compact
1781	possessed by them or any of them to the compact administrator of
1782	the advisory committee. They are further authorized to aid the
1783	compact administrator or the advisory committee by loan of
1784	personnel, equipment, or other means in carrying out the
1785	purposes of the compact.
1786	Section 69.  Section 590.35, Florida Statutes, is amended
1787	to read:
1788	590.35  Construction of ss. 590.31-590.34.-Any powers
1789	herein granted to the Florida Forest Service division shall be
1790	regarded as in aid of and supplemental to and in no case a
1791	limitation upon any of the powers vested in the Florida Forest
1792	Service division by other laws of Florida or by the laws of the
1793	States of Alabama, Georgia, Kentucky, Mississippi, North
1794	Carolina, South Carolina, Tennessee, Virginia, and West Virginia
1795	or by the Congress or the terms of the compact.
1796	Section 70.  Section 590.42, Florida Statutes, is amended
1797	to read:
1798	590.42  Federally funded fire protection assistance
1799	programs.-
1800	(1)  The Florida Forest Service Division of Forestry of the
1801	Department of Agriculture and Consumer Services may enter into
1802	agreements with the United States Secretary of Agriculture of
1803	the United States in order to participate in the federal
1804	Volunteer Rural Community Fire Assistance Protection Program
1805	authorized by 16 U.S.C. s. 2106 Pub. L. No. 92-419, whereby the
1806	Federal Government provides financial assistance to the states
1807	on a matching basis of up to 50 percent of expenditures for such
1808	purposes.
1809	(2)  With respect to the formulation of projects relating
1810	to fire protection of livestock, wildlife, crops, pastures,
1811	orchards, rangeland, woodland, farmsteads, or other
1812	improvements, and other values in rural areas, for which such
1813	federal matching funds are available, any participating county
1814	or fire department may contribute to the nonfederal matching
1815	share and may also contribute such other nonfederal cooperation
1816	as may be deemed necessary by the Florida Forest Service
1817	division.
1818	(3)  Any financial assistance received by, or contributions
1819	to the nonfederal matching share provided by, a participating
1820	county under The provisions of this section are supplementary to
1821	any county fire control funds or assessments under the
1822	provisions of s. 125.27.
1823	Section 71.  The title of chapter 591, Florida Statutes, is
1824	redesignated as "COMMUNITY FORESTS."
1825	Section 72.  Section 591.15, Florida Statutes, is amended
1826	to read:
1827	(Substantial rewording of section. See
1828	s. 591.15, F.S., for present text.)
1829	591.15  Short title.-This chapter may be cited as the
1830	"Florida Community Forest Law."
1831	Section 73.  Subsection (1) of section 591.16, Florida
1832	Statutes, is amended to read:
1833	591.16  Community forests; purposes.-The general purposes
1834	of this law are:
1835	(1)  To encourage counties, municipalities cities, towns,
1836	and school districts to utilize idle lands for productive forest
1837	purposes.
1838	Section 74.  Section 591.17, Florida Statutes, is amended
1839	to read:
1840	591.17  Community forests; Definitions.-As used in this
1841	chapter, the term terms hereinafter used, unless the text
1842	clearly indicates a different meaning, shall be as follows:
1843	(1)(2)  The term "Community forest" means shall mean any
1844	forest area established under this chapter law by a county,
1845	municipality city, town, or school district.
1846	(2)(8)  The term "Contiguous sale" means shall mean sale of
1847	like forest products from adjoining areas that normally would be
1848	in the same sale area as determined by the forester on the
1849	forestry committee.
1850	(3)(4)  "County" or "municipality" includes The term
1851	"counties, cities, towns" shall mean any recognized political
1852	subdivision of the state government.
1853	(4)(7)  The term "Forest products" means shall mean any
1854	product produced from trees.
1855	(5)(3)  The term "Forestry committee" means shall mean the
1856	appointed committee for directing the activities of community
1857	forests.
1858	(6)(1)  The term "Governing board" means a board of shall
1859	mean county commissioners, city commission commissioners, town
1860	council councils, school board boards, or any other governing
1861	body of a county, municipality counties, cities, towns, or
1862	school district districts.
1863	(6)  The term "division" shall mean the Division of
1864	Forestry of the Department of Agriculture and Consumer Services.
1865	(7)(5)  The term "School district" means an shall mean
1866	individual school district districts of a county or a vocational
1867	agricultural department departments located in such a district
1868
1869	Section 75.  Section 591.18, Florida Statutes, is amended
1870	to read:
1871	591.18  Community forests; Purchase or establishment.-All
1872	counties, municipalities cities, towns, or school districts,
1873	through their governing boards, may are hereby empowered to
1874	establish, from lands owned by such county, municipality city,
1875	town, or school district in fee simple, or to acquire by
1876	purchase or gift, lands at present covered with forest or tree
1877	growth, or suitable for the growth of trees, and to administer
1878	the same under the direction of the Florida Forest Service
1879	Division of Forestry, in accordance with the practice and
1880	principles of scientific forestry, for the benefit of such the
1881	said counties, municipalities cities, towns, or school
1882	districts. Such tracts may be of any size suitable for the
1883	purpose but must be located within the county embracing the
1884	county, municipality city, town, or school district., provided
1885	that it shall be requisite for The governing board availing
1886	itself of the provisions of this chapter shall law to submit to
1887	the Florida Forest Service Division of Forestry, and secure its
1888	approval of the area and location of any lands proposed to be
1889	acquired or used for the purposes of county, municipality city,
1890	town, or school district forests.
1891	Section 76.  Section 591.19, Florida Statutes, is amended
1892	to read:
1893	591.19  Community forests; Tax delinquent lands.-The
1894	Department of Revenue, the Board of Trustees of the Internal
1895	Improvement Trust Fund, and counties, municipalities cities,
1896	towns, school districts, or any other public agency holding fee
1897	simple or tax certificate lands are hereby empowered to, and
1898	may, upon application to them, transfer title of fee simple
1899	lands not in other public use to any county, municipality city,
1900	town, or school district for forest purposes as described under
1901	this chapter if law, provided such lands are approved by the
1902	Florida Forest Service Division of Forestry for this purpose.
1903	Section 77.  Section 591.20, Florida Statutes, is amended
1904	to read:
1905	591.20  Community forests; Forestry committee; duties;
1906	appropriations.-
1907	(1)  The governing board of any county, municipality city,
1908	town, or school district desiring to establish community forests
1909	after enactment of this law shall appoint a forestry committee,
1910	consisting of three members, as follows: one member of governing
1911	board, one member from the Florida Forest Service Division of
1912	Forestry to be designated by the Florida Forest Service
1913	division, and one taxpayer of the county, municipality city,
1914	town, or school district who is not a member of the governing
1915	board. The first two members of such committee shall hold office
1916	until replaced in their respective official positions. The third
1917	member shall hold office for 3 years. Any vacancy shall be
1918	filled at the first regular session of the governing board after
1919	the vacancy occurs. The president of the committee shall be
1920	selected by the three members for a 1-year term at their first
1921	regular meeting. The representative of the Florida Forest
1922	Service may Division of Forestry shall not serve as an officer
1923	of the committee or nor be responsible for making reports. All
1924	members shall serve without compensation, but are entitled to
1925	reimbursement shall be reimbursed for travel expenses as
1926	provided in s. 112.061.
1927	Section 78.  Section 591.21, Florida Statutes, is
1928	transferred, renumbered as subsections (2) and (3) of section
1929	591.20, Florida Statutes, and amended to read:
1930	591.21  Community forests; duties of forestry committee.-
1931	(2)(1)  It shall be the duty of The forestry committee
1932	shall to advise the governing board in acquiring, developing,
1933	and managing the forest, and in making contracts, agreements,
1934	and permits for and with the forest, and, if desirable, in
1935	hiring a qualified forester and laborers and in making rules and
1936	regulations for operating the forest.
1937	(3)(2)  For any sale in excess of $100, the governing body
1938	must shall ask for and receive open competitive bids and
1939	purchase from the lowest and best bidder. For sale of forest
1940	products in excess of $500 for the total contract, the sale
1941	shall be advertised in one issue each of 2 consecutive weeks in
1942	a county newspaper of general circulation, and the highest and
1943	best bid shall be accepted. Contiguous sales may shall not be
1944	made.
1945	Section 79.  Section 591.22, Florida Statutes, is
1946	transferred, renumbered as subsection (4) of section 591.20,
1947	Florida Statutes, and amended to read:
1948	591.22  Community forests; appropriations.-
1949	(4)  Counties, municipalities cities, towns, or school
1950	districts in which forestry committees are have been appointed
1951	may appropriate money from available funds to be used by such
1952	committees said committee to carry out the purposes of this
1953	chapter law. Each The forestry committee shall annually adopt
1954	each year make a budget of recommendation for acquisition and
1955	operation and management of the forest for approval by the
1956	governing board.
1957	Section 80.  Section 591.23, Florida Statutes, is amended
1958	to read:
1959	591.23  Community forests; Revenues;, use.-Revenue from the
1960	forests shall be credited to the general fund of counties,
1961	municipalities cities, towns, or school districts; provided,
1962	however, revenues from lands under land use agreements with
1963	youth organizations such as chapters of the Future Farmers of
1964	America must, shall be disposed of subject to the terms of such
1965	agreements. When the revenue from any forest other than these
1966	under such land use agreements, exceeds the necessary expenses
1967	of the forest, including desirable acquisition, the excess shall
1968	will be used by the governing board for regular purposes and in
1969	reduction of taxation.
1970	Section 81.  Section 591.24, Florida Statutes, is amended
1971	to read:
1972	591.24  Community forests; Fiscal reports.-A fiscal year
1973	report of expenditures, income, sales, development, and
1974	management shall be made by the forestry committee to the
1975	governing board of the county, municipality city, town, or
1976	school district, and a copy shall be sent to the Florida Forest
1977	Service Division of Forestry. All reports shall be audited by
1978	the regular auditor of the county, municipality city, town, or
1979	school district.
1980	Section 82.  Section 591.25, Florida Statutes, is amended
1981	to read:
1982	591.25  Community forests; Fire protection, etc.-All lands
1983	entered or acquired under the provisions of this chapter law
1984	shall be protected at all times from wildfire and shall be kept
1985	and maintained as a permanent public forest except as
1986	hereinafter provided. The timber growing on such forest lands
1987	thereon shall be cut in accordance with forestry methods
1988	approved by the Florida Forest Service Division of Forestry and
1989	in such a manner as to perpetuate succeeding stands of trees.
1990	All such forest lands shall be open to the use of the public for
1991	recreational purposes so far as such recreational purposes do
1992	not interfere with, or prevent the use of, such lands to the
1993	best advantage as a public forest as determined by the forestry
1994	committee.
1995	Section 83.  Section 591.26, Florida Statutes, is amended
1996	to read:
1997	591.26  Community forests; Sale upon referendum approval.-A
1998	If it becomes desirable to sell any community forest or portion
1999	thereof may be sold if such sale is as determined jointly
2000	proposed by the governing board and forestry committee and
2001	approved by a majority, it shall be put to a vote of those
2002	electors voting the people at any regular election and a
2003	majority of those voting must approve the action. If such sale
2004	is approved by the electors, any funds received from the such
2005	sale shall be deposited in the general fund of the county,
2006	municipality city, town, or school district making the sale and
2007	used in consolidating existing community forests or in
2008	establishing another community forest.
2009	Section 84.  Paragraph (b) of subsection (1) and paragraph
2010	(b) of subsection (2) of section 633.115, Florida Statutes, are
2011	amended to read:
2012	633.115  Fire and Emergency Incident Information Reporting
2013	Program; duties; fire reports.-
2014	(1)
2015	(b)  The Division of State Fire Marshal shall consult with
2016	the Florida Forest Service Division of Forestry of the
2017	Department of Agriculture and Consumer Services and the Bureau
2018	of Emergency Medical Services of the Department of Health to
2019	coordinate data, ensure accuracy of the data, and limit
2020	duplication of efforts in data collection, analysis, and
2021	reporting.
2022	(2)  The Fire and Emergency Incident Information System
2023	Technical Advisory Panel is created within the Division of State
2024	Fire Marshal. The panel shall advise, review, and recommend to
2025	the State Fire Marshal with respect to the requirements of this
2026	section. The membership of the panel shall consist of the
2027	following 15 members:
2028	(b)  One member from the Florida Forest Service Division of
2029	Forestry of the Department of Agriculture and Consumer Services,
2030	appointed by the State Forester division director.
2031	Section 85.  Paragraph (e) of subsection (6) of section
2032	633.821, Florida Statutes, is amended to read:
2033	633.821  Workplace safety.-
2034	(6)
2035	(e)  This subsection does not apply to wildland or
2036	prescribed live fire training exercises sanctioned by the
2037	Florida Forest Service Division of Forestry of the Department of
2038	Agriculture and Consumer Services or the National Wildfire
2039	Coordinating Group.
2040	Section 86.  Subsection (1) of section 790.15, Florida
2041	Statutes, is amended to read:
2042	790.15  Discharging firearm in public.-
2043	(1)  Except as provided in subsection (2) or subsection
2044	(3), any person who knowingly discharges a firearm in any public
2045	place or on the right-of-way of any paved public road, highway,
2046	or street or who whosoever knowingly discharges any firearm over
2047	the right-of-way of any paved public road, highway, or street or
2048	over any occupied premises commits is guilty of a misdemeanor of
2049	the first degree, punishable as provided in s. 775.082 or s.
2050	775.083. This section does not apply to a person lawfully
2051	defending life or property or performing official duties
2052	requiring the discharge of a firearm or to a person discharging
2053	a firearm on public roads or properties expressly approved for
2054	hunting by the Fish and Wildlife Conservation Commission or the
2055	Florida Forest Service Division of Forestry.
2056	Section 87.  This act shall take effect July 1, 2011.

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