Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 1304 Ì900786FÎ900786 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) 2 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.— 34 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND 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. 87 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.