Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1304
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                

       The Committee on Environmental Preservation and Conservation
       (Hutson) recommended the following:
    1         Senate Amendment to Amendment (900786) 
    3         Delete lines 24 - 85
    4  and insert:
    5         (5)DESIGNATION OF HABITATS.—The commission may, on state
    6  lands, designate and update as necessary using a science-based
    7  approach:
    8         (a)Florida black bear habitats in which female bears are
    9  likely to be denning during the month of February; and
   10         (b)Sensitive habitats containing critical food sources for
   11  Florida black bears.
   12         Section 2. Paragraph (b) of subsection (3) of section
   13  590.125, Florida Statutes, is amended to read:
   14         590.125 Open burning authorized by the Florida Forest
   15  Service.—
   17  PURPOSE.—
   18         (b) Certified prescribed burning pertains only to broadcast
   19  burning for purposes of silviculture, wildland fire hazard
   20  reduction, wildlife management, ecological maintenance and
   21  restoration, and agriculture. It must be conducted in accordance
   22  with this subsection and:
   23         1. May be accomplished only when a certified prescribed
   24  burn manager is present on site with a copy of the prescription
   25  and directly supervises the certified prescribed burn until the
   26  burn is completed, after which the certified prescribed burn
   27  manager is not required to be present.
   28         2. Requires that a written prescription be prepared before
   29  receiving authorization to burn from the Florida Forest Service.
   30         a. A new prescription or authorization is not required for
   31  smoldering that occurs within the authorized burn area unless
   32  new ignitions are conducted by the certified prescribed burn
   33  manager.
   34         b. Monitoring the smoldering activity of a certified
   35  prescribed burn does not require a prescription or an additional
   36  authorization even if flames begin to spread within the
   37  authorized burn area due to ongoing smoldering.
   38         3. Requires that the specific consent of the landowner or
   39  his or her designee be obtained before requesting an
   40  authorization.
   41         4. Requires that an authorization to burn be obtained from
   42  the Florida Forest Service before igniting the burn.
   43         5. Requires that there be adequate firebreaks at the burn
   44  site and sufficient personnel and firefighting equipment to
   45  contain the fire within the authorized burn area.
   46         a. Fire spreading outside the authorized burn area on the
   47  day of the certified prescribed burn ignition does not
   48  constitute conclusive proof of inadequate firebreaks,
   49  insufficient personnel, or a lack of firefighting equipment.
   50         b. If the certified prescribed burn is contained within the
   51  authorized burn area during the authorized period, a strong
   52  rebuttable presumption shall exist that adequate firebreaks,
   53  sufficient personnel, and sufficient firefighting equipment were
   54  present.
   55         c. Continued smoldering of a certified prescribed burn
   56  resulting in a subsequent wildfire does not by itself constitute
   57  evidence of gross negligence under this section.
   58         6. Is considered to be in the public interest and does not
   59  constitute a public or private nuisance when conducted under
   60  applicable state air pollution statutes and rules.
   61         7. Is considered to be a property right of the property
   62  owner if vegetative fuels are burned as required in this
   63  subsection.
   64         8. May not be conducted during the month of February in a
   65  habitat designated by the Fish and Wildlife Conservation
   66  Commission under s. 379.3018(5)(a).