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
       (Stewart) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 379.3018, Florida Statutes, is created
    6  to read:
    7         379.3018 Florida black bear habitat restoration.—
    8         (1)SHORT TITLE.—This section may be cited as the “Florida
    9  Black Bear Protection Act.”
   10         (2)DEFINITIONS.—As used in this section, the term:
   11         (a)“Florida black bear” means the subspecies Ursus
   12  americanus floridanus.
   13         (b)“State lands” means all lands under public ownership or
   14  control, including state forests, state parks, and conservation
   15  easements authorized by the state.
   16         (3) HUNTING PROHIBITION.—The commission may not allow any
   17  person issued a recreational hunting permit authorizing the
   18  hunting of Florida black bears to kill a lactating Florida black
   19  bear mothering cubs under 100 pounds pursuant to such permit.
   20         (4)SAW PALMETTO BERRY HARVESTING.—Regardless of the value
   21  of berries stolen, a person unlawfully harvesting saw palmetto
   22  berries on state lands commits petit theft of the second degree,
   23  punishable as provided in s. 812.014.
   24         (5)DESIGNATION OF HABITATS—The commission shall designate
   25  and update as necessary:
   26         (a)Florida black bear habitats in which female bears are
   27  likely to be denning during the month of February; and
   28         (b)Sensitive habitats containing critical food sources for
   29  Florida black bears.
   30         Section 2. Paragraph (b) of subsection (3) of section
   31  590.125, Florida Statutes, is amended to read:
   32         590.125 Open burning authorized by the Florida Forest
   33  Service.—
   35  PURPOSE.—
   36         (b) Certified prescribed burning pertains only to broadcast
   37  burning for purposes of silviculture, wildland fire hazard
   38  reduction, wildlife management, ecological maintenance and
   39  restoration, and agriculture. It must be conducted in accordance
   40  with this subsection and:
   41         1. May be accomplished only when a certified prescribed
   42  burn manager is present on site with a copy of the prescription
   43  and directly supervises the certified prescribed burn until the
   44  burn is completed, after which the certified prescribed burn
   45  manager is not required to be present.
   46         2. Requires that a written prescription be prepared before
   47  receiving authorization to burn from the Florida Forest Service.
   48         a. A new prescription or authorization is not required for
   49  smoldering that occurs within the authorized burn area unless
   50  new ignitions are conducted by the certified prescribed burn
   51  manager.
   52         b. Monitoring the smoldering activity of a certified
   53  prescribed burn does not require a prescription or an additional
   54  authorization even if flames begin to spread within the
   55  authorized burn area due to ongoing smoldering.
   56         3. Requires that the specific consent of the landowner or
   57  his or her designee be obtained before requesting an
   58  authorization.
   59         4. Requires that an authorization to burn be obtained from
   60  the Florida Forest Service before igniting the burn.
   61         5. Requires that there be adequate firebreaks at the burn
   62  site and sufficient personnel and firefighting equipment to
   63  contain the fire within the authorized burn area.
   64         a. Fire spreading outside the authorized burn area on the
   65  day of the certified prescribed burn ignition does not
   66  constitute conclusive proof of inadequate firebreaks,
   67  insufficient personnel, or a lack of firefighting equipment.
   68         b. If the certified prescribed burn is contained within the
   69  authorized burn area during the authorized period, a strong
   70  rebuttable presumption shall exist that adequate firebreaks,
   71  sufficient personnel, and sufficient firefighting equipment were
   72  present.
   73         c. Continued smoldering of a certified prescribed burn
   74  resulting in a subsequent wildfire does not by itself constitute
   75  evidence of gross negligence under this section.
   76         6. Is considered to be in the public interest and does not
   77  constitute a public or private nuisance when conducted under
   78  applicable state air pollution statutes and rules.
   79         7. Is considered to be a property right of the property
   80  owner if vegetative fuels are burned as required in this
   81  subsection.
   82         8. May not be conducted during the month of February in a
   83  habitat designated by the Fish and Wildlife Conservation
   84  Commission under s. 379.3018(5)(a) or at any time in habitats
   85  designed by the commission under s. 379.3018(5)(b).
   86         Section 3. This act shall take effect July 1, 2017.
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete everything before the enacting clause
   91  and insert:
   92                        A bill to be entitled                      
   93         An act relating to Florida black bears; creating s.
   94         379.3018, F.S.; providing a short title; defining
   95         terms; prohibiting the issuance of a permit to
   96         authorizing the recreational hunting of lactating
   97         Florida black bears; specifying a penalty for the
   98         unlawful harvesting of saw palmetto berries on state
   99         lands; requiring the Fish and Wildlife Conservation
  100         Commission to designate certain habitats; requiring
  101         updating of such designations; amending s. 590.125,
  102         F.S.; prohibiting prescribed burns in certain
  103         designated habitats during specified times; providing
  104         an effective date.