Purpose and Definitions, Vehicular, Animal and Pedestrian Control, Protection of Managed Lands, Recreational Activities and Facilities, Vendors; Authorizations; Fees, Penalties for Violations
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5I-4.002Purpose and Definitions
5I-4.003Vehicular, Animal and Pedestrian Control
5I-4.005Protection of Managed Lands
5I-4.006Recreational Activities and Facilities
5I-4.008Vendors; Authorizations; Fees
5I-4.011Penalties for Violations
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 113, June 11, 2015 issue of the Florida Administrative Register.
5I-4.002 Purpose and Definitions.
(1) through (28) No change.
(29) SCHEDULE OF FEES: The Florida Forest Service is authorized under Section 589.011(3), F.S., to set and charge fees for the use or operation of facilities on state forest or any lands leased to the Service for management purposes. A list of the current fees can be found in the document entitled “Fees on Florida Forest Service Managed Lands, July 17, 2015 July 2015” which is hereby adopted and incorporated by reference. This fee schedule can be obtained by contacting any State Forest office, the Florida Forest Service, Bureau of Forest Management, 3125 Conner Blvd., Tallahassee, FL 32399-1650, or by visiting http://www.flrules.org/
(30) through (34) No change.
Rulemaking Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.04, 589.011(3), 589.071, FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09, 11-23-10, 5-16-12, ________.
5I-4.003 Vehicular, Animal and Pedestrian Control.
No change.
(18) Any Service managed lands that are not included in the state Wildlife Management Area system are potential Operation Outdoor Freedom designated areas, in accordance with Section 589.19, F.S.
Rulemaking Authority 589.011(4), 589.071 FS. Law Implemented 589.04, 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 5-16-12, _________.
(Rule 5I-4.005 has been substantially reworded to address comments from the Joint Administrative Procedures Committee. See Florida Administrative Code for present text and the Notice of Proposed Rule for previously proposed text.)
5I-4.005 Protection of Managed Lands.
(1) No person shall:
(a) Enter or exit any managed lands except through designated entrance/exit points.
(b) Enter any managed lands for the purpose of using the resources or facilities therein without paying the appropriate fee, where applicable.
(c) Willfully mark, deface, damage, displace, remove, gain access from, or tamper with any buildings, facilities, bridges, tables, benches, fireplaces, railings, fences, paving or paving materials, water lines or other utilities, permanent or temporary signs, placards or notices, monuments, stakes, posts, boundary markers, equipment, other structures or property located on managed lands.
(d) Climb on or over any buildings, fences, facilities, structures, or historic ruins.
(e) Ignite or attempt to ignite any fire on managed lands except in designated areas. These areas include camping facilities, hunt camps and day use areas. No person shall leave a camping facility, hunt camp or day use area without completely extinguishing any fire started by said person.
(f) Dispose of burning matches, smoking materials or other inflammable items on managed lands except in designated receptacles.
(g) Destroy, injure, deface, mar, move, dig, harmfully disturb or remove any soil, sand, gravel, rocks, stones, minerals, trees, plants, artifacts or other materials from any managed lands.
(h) Hang any operating gas lantern within one foot of the main stem or bole of any tree on managed lands.
(i) Introduce into managed lands any plant or animal species.
(j) Possess or consume alcoholic beverages on managed lands where posted as prohibited by the Service.
(k Use metal detectors on managed lands.
(l) Engage in disorderly conduct, as defined in Section 877.03, F.S., on managed lands.
(m) Leave any item, including but not limited to tents, trailers, vehicles, motorcycles, or other items, in a campsite unattended before or after the registered camping dates on a Florida Forest Service Registration/Receipt, self-service pay envelope, or state forest authorization received from the Florida Forest Service field. Any lost or abandoned property on managed lands will be secured for up to 48 hours, and after a reasonable attempt is made to identify the rightful owner, items will be disposed of in accordance with Chapter 705, F.S.
(n) Leave any item within state forest boundary, including but not limited to, licensed vehicles or trailers, any structure of any nature, or any unattended items. Items shall be removed by the person(s) who placed anything within the state forest boundaries. Any lost or abandoned property on managed lands will be secured for up to 48 hours, and after a reasonable attempt is made to identify the rightful owner, items will be disposed of in accordance with Chapter 705, F.S.
(2) The Service will allow certain activities on state forest lands through issuance of a State Forest Use Permit (FDACS-11228, Rev. 07/15), hereby incorporated and adopted by reference, available at http://www.flrules.org/ A person wishing to engage in one of the activities listed in this section must contact the local Florida Forest Service office of the forest on which the person is requesting to engage in the proposed activity. The Service will issue a State Forest Use Permit (FDACS-11228, Rev. 07/15) provided the proposed use does not interfere with management objectives of that forest as provided in that forest’s management plan; create a nuisance to wildlife, other forest users, or Service staff; pose a threat to public safety; or create a risk of wildfire. Authorization to conduct the activity will be valid only for the time, place, and manner contained in the State Forest Use Permit (FDACS-11228, Rev. 07/15) issued and only for the individual or group listed. Unless authorized by a State Forest Use Permit (FDACS-11228, Rev. 07/15), no person shall do the following:
(a) Attach swings, rope, wire, signs, nails or other contrivance, whether permanent or temporary, to any tree, plant, other natural feature, or property within managed land.
(b) Cut, carve, mark, uproot, damage, break off limbs or branches, destroy or mutilate, or pick the flowers, seeds, or fruit of any living or dead plant or tree.
(c) Pick up or remove dead wood from managed lands, except for collecting firewood to be burned in a designated area in a campground or camp zone.
(d) Dig in or disturb the natural condition of any area on managed lands.
(e) Remove any plant life from any managed lands. Written permission to remove plant life shall be granted only if the Service determines that the removal is for an educational or research purpose and the proposed removal meets the criteria of section (2). A fee is not charged for the removal of plant life for an educational or research purpose.
(f) Engage in any construction activity on managed lands, except as provided herein.
(g) Operate a commercial enterprise on managed lands. Written permission to operate a commerical enterprise shall be granted from the Service only if the commercial enterprise will provide a compatible service to forest visitors, the applicable fee has been paid in accordance with subsection 5I-4.002(29), F.A.C., to the Service and the proposed operation meets the criteria of section (2).
Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011(4) FS. History–New 5-24-92, Amended 1-19-95, 5-15-95, 11-6-95, 5-31-04, 5-16-12, _________.
5I-4.006 Recreational Activities and Facilities.
(1) through (3) No change.
(4) Camping and Day-Use:
(a) through (b) No change.
(c) No person shall remain in any day-use area during the times it is designated as closed unless written permission is granted from a State Forest Use Permit (FDACS-11228, Rev. 07/15) has been issued by the Service in accordance with rule 5I-4.005 (2), F.A.C..
(d) through (n) No change.
(5) Hunt Camps:
(a) through (e) No change.
(f) These hunt campsites require a Hunt Camp Permit for the entire length of a specific hunt and are available only to properly licensed hunters during hunting seasons. These areas are closed to camping outside of designated hunting seasons, unless a State Forest Use Permit (FDACS-11228, Rev. 07/15) has been issued written permission is granted by the Service in accordance with rule 5I-4.005 (2), F.A.C.
(6) through (8) No change.
Rulemaking Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.04, 589.07, 589.19 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09, 5-16-12, __________.
5I-4.008 Vendors; Authorizations; Fees.
No change.
Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011(1), (3) FS. History–New 5-24-92, Amended 11-6-95, 5-31-04, 5-16-12, __________.
5I-4.011 Penalties for Violations.
No change.
Rulemaking Authority 589.011(4), 589.071 FS. Law Implemented 589.011(4), 589.07, 590.14, FS. History–New 5-24-92, Amended 1-19-95, 5-31-04, 5-16-12, __________.
