The purpose and effect is to provide guidance and clarity to the public and Florida Forest Service State Forest Managers regarding the use of managed lands. Revisions provide guidance and clarity on the matters of aircraft and camping on managed ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

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

PURPOSE AND EFFECT: The purpose and effect is to provide guidance and clarity to the public and Florida Forest Service State Forest Managers regarding the use of managed lands. Revisions provide guidance and clarity on the matters of aircraft and camping on managed lands. The proposed rule also adopts an updated fee schedule.

SUMMARY: Revisions provide guidance and clarity on the matters of aircraft, helispot, and runway use; provide clarification on landing aircraft at Florida Forest Service designated locations; provide clarification of camping use on managed lands; add that any device as specified in Paragraph 934.50(2)(a), F.S., cannot be used without meeting certain criteria and potentially issuing a State Forest Use Permit for their use; and adopt an updated fee schedule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The agency has performed an economic analysis of all the fee revisions and has determined they will not meet the SERC threshold.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 589.011(4), 589.071, 589.12 FS.

LAW IMPLEMENTED: 589.011(3), 589.071 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steve Bohl, 3125 Conner Blvd., Tallahassee, FL 32399-1650, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5I-4.002 Purpose and Definitions.

The purpose of this chapter is to provide information regarding the utilization of lands and facilities managed or controlled by the Department of Agriculture and Consumer Services, Florida Forest Service. The following words have the meaning indicated:

(1) Access: The Florida Forest Service designated entrance or access to or from managed lands by the general public.

(2) Aircraft: A powered or unpowered machine or device capable of atmospheric flight including, but not limited to, airplanes, helicopters, ultra lights, gliders, hang gliders, and any device as specified in Paragraph 934.50(2)(a), F.S., except a parachute or other such device used primarily as safety equipment.

(2) through (12) renumbered (3) through (13) No change.

(14)              Helispot: Any Service designated location where a helicopter (or powered-lift craft) can safely take off and land.

(13) through (28) renumbered (15) through (30) No change.

(31) Runway: A Service designated area that is a leveled strip of smooth ground along which aircraft take off and land.

(32)(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, April 14, 2016 July 17, 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 Boulevard, Tallahassee, Florida 32399-1650, or by visiting http://www.flrules.org/.

(30) through (34)  renumbered as (33) through (37) 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, 9-30-15,___________.

 

5I-4.003 Vehicular, Animal and Pedestrian Control.

(1) through (10) No change

(11) No person shall takeoff or land an aircraft on managed lands, except at a runway or a helispot and only with  authorization from the Service.  Authorization from the Service is not required in an emergency or for Service official business.

(11) through (17) renumbered (12) through (18) No change.

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, 9-30-15,_________.

 

5I-4.005 Protection of Managed Lands.

(1) No person shall:

(a) through (n) No change.

(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 https://www.flrules.org/Gateway/reference.asp?No=Ref-05745. 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) through (f) No change.

(g) Operate any device as specified in Paragraph 934.50 (2)(a), F.S. Any such device will only carry a nonlethal payload.

(h)(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(32)(29), F.A.C., to the Service and the proposed operation meets the criteria of subsection (2).

Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011 FS. History–New 5-24-92, Amended 1-19-95, 5-15-95, 11-6-95, 5-31-04, 5-16-12, 9-30-15,_________.

 

5I-4.006 Recreational Activities and Facilities.

(1) through (3) No change

(4) Camping and Day-Use:

(a) through (d) No change

(e) Camping within managed lands, except in designated hunt camps, is limited to 14 consecutive nights days during any 30-day period to prevent any camper from taking up long term camping at any one campsite and possibly displacing other campers. After 14 consecutive nights, the camper must leave the state forest for at least three nights before returning for a new stay. Changing the registered name of an individual or group to circumvent the 14 consecutive nights, maximum length of stay is prohibited. However, based upon medium low occupancy at any campground the district or center manager has the authority to extend campsite use  between 15 and 29 consecutive nights days.

(f) through (i) No change.

(j) The earliest check-in time for campsites is 3:00 p.m., and the latest checkout Checkout time for campsites campers is 1:00 p.m., 2 p.m. unless otherwise posted.

(k) through (l) No change

(m) Quiet time is 10:00 p.m. until 6:00 a.m. sunrise. Noise should not carry beyond the visitor’s campsite during quite time. Examples include pet noise, generator noise, music, closing car doors, setting car alarms, etc., from within the campsite.

(n) No change

(5) through (8) No change

Rulemaking Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.04, 589.071, 589.19 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09, 5-16-12, 9-30-15, _________.

 

5I-4.008 Vendors; Authorizations; Fees.

Any commercial enterprise desiring to provide animals or equipment such as horses, canoes, or bicycles to any person for use on managed lands shall pay any applicable fees in accordance with subsection 5I-4.002(32)(29), F.A.C., to the Service. The commercial enterprise shall post or provide all customers with copies of general information governing use of the forest.

Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011 FS. History–New 5-24-92, Amended 11-6-95, 5-31-04, 5-16-12, 9-30-15,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James R. Karels, Director, Florida Forest Service

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/18/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/20/2016 Vol. 42 and No. 77