5I-4.002: Purpose and Definitions
5I-4.003: Vehicular, Animal and Pedestrian Control
5I-4.005: Protection of Managed Lands
5I-4.006: Recreational Activities and Facilities
5I-4.007: Garbage, Water Pollution and Glass Containers
5I-4.008: Vendors; Authorizations; Fees
5I-4.011: Penalties for Violations
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to modify the definition off-highway vehicle, add two new definitions, implement rules for a new off-highway trail system, change the title of and references to the Division of Forestry or Division to the Florida Forest Service or Service, and comply with the provisions of Section 790.33, Florida Statutes.
SUMMARY: This rulemaking adopts the statutorily revised definition of off-highway vehicles, adds two new definitions, adds a new location where off-highway vehicles can be operated on Florida Forest Service managed lands, changes the title of and references to the Division of Forestry or Division to the Florida Forest Service or Service, and eliminates provisions regarding the possession of firearms while visiting state forests and restates the law regarding the discharge of firearms in public.
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 determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: If adopted, the proposed rule is not expected to require legislative rule ratification under Section 120.541(3), Florida Statutes, (or any other statute) before becoming effective because none of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC) were triggered.
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, 589.071, 589.12 FS.
LAW IMPLEMENTED: 589.011, 589.071 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steve Bohl, 3125 Conner Blvd., Tallahassee, FL 32399-1650, (850)414-9914
THE FULL TEXT OF THE PROPOSED RULE IS:
FLORIDA FOREST SERVICE FORESTRY
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 Division of Forestry. The following words have the meaning indicated:
(1) through (8) No change.
(9) DIVISION: Division of Forestry.
(9)(10) GROUP CAMP: A designated primitive camping area designed to accommodate organized groups for overnight visits. Authorization will be given absent a determination that the proposed use will adversely affect managed lands.
(10)(11) HIKING TRAIL: A designated trail on which only pedestrian traffic is allowed.
(11)(12) HORSE: Any member of the equine family.
(12)(13) HORSE TRAIL: A designated trail on which only horse or pedestrian traffic is allowed.
(13)(14) HUNT CAMP: An area consisting of designated primitive campsites that require a Hunt Camp Permit for the entire length of a specific hunt (e.g. Archery, General Gun, Small Game or Spring Turkey) and is available only to properly licensed hunters.
(14)(15) MANAGED LAND(S): Any land, water body, or facility managed, controlled, or occupied by the Department of Agriculture and Consumer Services, Florida Forest Service Division of Forestry.
(15)(16) MOTOR VEHICLE: An automobile, motorcycle, truck, trailer, semi-trailer, truck tractor and semi-trailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon track, bicycles, or mopeds.
(16)(17) MULTI-USE TRAIL: A non-motorized trail shared by more than one user group.
(17)(18) NATURE TRAIL: A hiking trail to be used for environmental or forest education.
(18)(19) NON-MOTORIZED VEHICLE: Any non-motorized wheeled conveyance, intended for the transportation of persons or materials, whether human-powered, drawn or towed.
(19)(20) OFF-HIGHWAY MOTORCYCLE (OHM) – Any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped.
(20)(21) OFF-HIGHWAY VEHICLE – Any ATV, two rider ATV, ROV, or OHM that is used off the roads or highways of this state and is not registered and licensed for highway use under Chapter 320, F.S.
(21)(22) ORGANIZED GROUP: Any organization or collection of persons using managed lands for the same purpose in an organized or communal fashion.
(22)(23) PRIMITIVE CAMPS: Overnight areas that have limited facilities, such as site pads, tables, standing or ground grills, and sometimes non-flush toilets.
(23)(24) PERSON: Any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations.
(24)(25) PET: Any domesticated animal, fowl, reptile or other living thing, except seeing-eye or hearing-ear dogs, which is maintained as a household or family pet.
(25) Recreational Off-highway Vehicle (ROV): Any motorized recreational off-highway vehicle 64 inches or less in width, having a dry weight of 2,000 pounds or less, designed to travel on four or more nonhighway tires, having nonstraddle seating and a steering wheel, and manufactured for recreational use by one or more persons. The term “ROV” does not include a golf cart as defined in Section 320.01(22), F.S. and 316.003(68), F.S., or a low-speed vehicle as defined in Section 320.01(42), F.S.
(26) No change.
(27) SCHEDULE OF FEES: The Florida Forest Service Division 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 Division for management purposes. A list of the current fees can be found in the document entitled “User Fees on Florida Forest Service Division of Forestry Managed Lands, September 2010” which is hereby adopted and incorporated by reference. This fee schedule can be obtained by contacting any State Forest office, the Florida Forest Service Division of Forestry, Bureau of Forest Management, 3125 Conner Blvd., Tallahassee, FL 32399-1650, or by visiting http://www.floridaforestservice.com/forest_recreation/fees.html.
(28) SERVICE: Florida Forest Service.
(29)(28) SWIMMING AREA: Any area designated for swimming.
(30) TWO-RIDER ATV: Any ATV that is specifically designed by the manufacturer for a single operator and one passenger.
(31)(29) WATERCRAFT: Any motorized, paddle-propelled or wind-driven means of water-related transportation.
(32)(30) YOUTH GROUP: Any organized group of seven or more youths (under the age of 18) who are affiliated with a recognized not-for-profit organization, accompanied by one or more adult (18 years or older) chaperon(s).
Rulemaking Specific Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 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,_________.
5I-4.003 Vehicular, Animal and Pedestrian Control.
(1) through (4) No change.
(5) No person shall operate any motor vehicle on managed lands except on designated roads, parking areas, or other areas established and specifically identified by the Service Division.
(6) No person shall operate any off-highway vehicle on managed lands except in areas designated specifically for their use or unless specifically authorized by the Service Division.
(7) No change.
(8) No motor vehicles are permitted on any sand bar along or within the streams of any managed lands, or on any other area specifically prohibited by the Service Division.
(9) through (10) No change.
(11) No person shall bring horses or horse trailers into camping facilities, except upon showing that special request has been made to, and permission granted by, the Service Division. The Service Division will grant permission upon a determination that there is no threat to public safety, or to the condition of the camping facilities and that the horses and horse trailers do not constitute a nuisance.
(12) No person shall ride or lead horses off designated horse trails or field trial runs, except upon showing that a special request has been made to, and permission granted by, the Service Division. The Service Division will grant permission upon a determination that there is no threat to public safety or to the condition of these particular areas and those acts do not constitute a nuisance.
(13) through (16) No change.
(17) The Service Division will temporarily or permanently close any road, trail, facility, or area, or restrict the use thereof upon determination that there is a danger to the health, safety and welfare of any person; potential damage to the resources; or when it is determined necessary in the proper management of the forest.
Rulemaking Specific Authority 589.011(4), 589.071 FS. Law Implemented 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04,________.
5I-4.005 Protection of Managed Lands.
No person shall:
(1) through (11) No change.
(12) Remove any plant life from any managed lands except for educational or research purposes, and only after notification to the Service Division.
(13) through (15) No change.
(16) Operate a commercial enterprise on managed lands, except in limited circumstances where such enterprise provides a compatible service to forest visitors participating in recreation, and only after notification to the Service Division, and payment of the applicable fee in accordance with subsection 5I-4.002(27), F.A.C.
(17) Possess or consume alcoholic beverages on managed lands where posted as prohibited by the Service Division.
(18) through (19) No change.
(20) 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 Division of Forestry Registration/Receipt, self-service pay envelope, or state forest authorization received from the Florida Forest Service Division of Forestry field unit. Unattended items found in an unregistered campsite shall be duly posted to be removed within 48 hours with the owner paying the scheduled fee for each night the item(s) remained at the site. In addition, after the item(s) have been duly posted for removal within 48 hours, such item(s) will be removed at the last known owner’s expense. Any lost or abandoned property on managed lands will be disposed of in accordance with Chapter 705, F.S.
Rulemaking Specific Authority 589.011(4) FS. Law Implemented 589.011(4) FS. History–New 5-24-92, Amended 1-19-95, 5-15-95, 11-6-95, 5-31-04,_________.
5I-4.006 Recreational Activities and Facilities.
(1) Swimming and Sunbathing:
(a) All persons shall comply with hours posted by the Service Division during which use of swimming areas is prohibited.
(b) Swimming areas will be closed to the public, and the use thereof prohibited, at any time the Service Division determines that such activities are dangerous or otherwise inadvisable.
(c) The washing of persons or objects, with or without soaps or other cleansers, is prohibited in any waters within managed lands.
(d) Pets are prohibited in swimming areas.
(e) Swimming will be prohibited in any water body, or portion thereof, on managed lands at any time the Service Division determines there is a threat to the life, limb, or property of any human being or damage to any natural or cultural resource.
(2) Boating:
(a) Boating is allowed on any water body within managed lands unless the water body is posted otherwise. Posting may include restrictions on the use and the type of watercraft propulsion system allowed.
(b) No person shall operate any watercraft in swimming areas.
(3) Fishing:
(a) Fishing by any legal method is allowed in water bodies on managed lands, except where prohibited by the Service Division. Applicable rules of the Florida Fish and Wildlife Conservation Commission apply.
(b) Fishing is prohibited in swimming areas.
(4) Camping and Day-Use:
(a) A limited number of camping facilities and day-use areas on managed lands may be reserved in advance.
(b) Camping within managed lands is authorized only in designated areas.
(c) Camping within managed lands, except in designated hunt camps, is limited to 14 consecutive days during any 30-day period.
(d) Camping within managed lands where a fee is required is authorized upon payment of that fee.
(e) Except upon special authorization by the Service Division and upon the Service’s Division determination that there will be no danger to the health, safety, and welfare of the campgrounds, no more than five persons, with a maximum number of one recreational vehicle or two tents, are allowed per campsite.
(f) Visitors of registered campers in developed campgrounds are allowed provided the total number of visitors or their vehicles do not create a nuisance or hazard to other campers, interfere or obstruct pedestrian or vehicular traffic, or interfere with other proper uses of the camping facility.
(g) No pet is allowed on managed lands unless the pet is confined or restrained on a leash no more than ten feet in length. NOTE: Certain portions of managed lands may be posted prohibiting pets.
(h) In accordance with Section 790.15(1), Florida Statutes, it is a misdemeanor of the first degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes, to knowingly discharge a firearm in a state forest, unless a person is lawfully defending life or property or performing official duties requiring the discharge of a firearm or discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or the Florida Forest Service. State forests are public places intended and designed to be frequented or resorted to by the public. State forest camping areas and day-use areas, including, but not limited to, hunt camps and the Croom Motorcycle Area, are not approved for hunting, and the discharge of a firearm in these areas is strictly prohibited. Firearms are prohibited on managed lands except during scheduled hunting season or in designated areas. No loaded firearm is allowed in a camping area or day-use area anytime. On lands designated as wildlife management areas or wildlife and environmental areas firearms may be used possessed as outlined in FWC Administrative Rule 68A-15.004 or 68A-17.004, F.A.C. Note: A person in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns on managed lands (including non-wildlife management areas, camping areas and day-use areas) under the provisions of Section 790.06, F.S., throughout the year, unless otherwise prohibited pursuant to state or federal law.
(i) Checkout time for campers is 2 p.m. unless otherwise posted.
(j) Chainsaw use in camping facilities is prohibited.
(k) Persons who are not registered campers or visitors of registered campers are not allowed to park in camping facilities or use campsites.
(l) No person shall remain in any day-use facility after its designated closing time unless prior notification has been provided to the Service Division.
(m) Quiet time is 10 p.m. until sunrise.
(n) The Service Division reserves the right to set carrying capacities on managed lands in order to protect the natural resources.
(o) Organized groups must notify the Service Division, request reservations from the Service Division, and have written authorization from the Service Division to use managed lands. Authorization will be given absent a determination that the proposed use will adversely affect managed lands.
(5) Hunt Camps:
(a) The maximum number of persons allowed in an authorized hunt camp shall be predetermined based on the size and location of the site.
(b) If all hunt camp sites are occupied, then the Service Division may assign hunters to non-hunt campsites. No more than five persons will be allowed per campsite and the normal non-hunt campsite scheduled fee for the campsite shall be charged.
(c) Temporary structures may be erected in hunt camps on managed lands. Any such structure must be removed no later than six days after the end of the hunting season for which the hunt campsite authorization is issued. Persons that do not remove camping equipment, trailers or temporary structures by this ending date will be charged the current primitive camp site rate per day until their removal.
(d) Hunt campsite authorizations are to be displayed on the numbered post designating the individual campsite.
(e) Loaded firearms are prohibited in hunt camps.
(e)(f) Hunt camp permits shall be issued on a renewal basis, first come, first served basis or through a lottery system, depending upon the best resource management technique for each state forest that provides hunt camps. Only one hunt camp permit will be issued annually to a single household for Tate’s Hell State Forest and John M. Bethea State Forest. No more than two hunt camp permits will be issued annually to a single household for Withlacoochee State Forest.
(6) Croom Motorcycle Area at Withlacoochee State Forest and Off-Highway Vehicle Trail System at Tates Hell State Forest:
(a) Firearms are prohibited within the boundaries of the Croom Motorcycle Area.
(a)(b) No person shall operate an off-highway vehicle inside the boundaries of the Croom Motorcycle Area at Withlacoochee State Forest or at the Off-Highway Vehicle Trail System at Tates Hell State Forest unless the vehicle visibly displays a valid, permanently attached, motorcycle decal issued by the Service Division.
(b)(c) No person shall operate an off-highway vehicle within the Croom Motorcycle Area at Withlacoochee State Forest or at the Off-Highway Vehicle Trail System at Tates Hell State Forest between sunset and sunrise.
(c)(d) All persons operating off-highway vehicles on managed lands do so at their own risk and must comply with all established rules.
(d)(e) No person shall operate an off-highway vehicle within the Croom Motorcycle Area at Withlacoochee State Forest or at the Off-Highway Vehicle Trail System at Tates Hell State Forest unless such vehicle has a muffler system conforming to the requirements of the Florida Highway Patrol Handbook.
(e)(f) No person shall operate a off-highway vehicle motorized cycle faster than ten (10) miles per hour inside the Croom Motorcycle Area at Withlacoochee State Forest or the Off-Highway Vehicle Trail System at Tates Hell State Forest camping facilitiesy and day-use parking areas.
(f)(g) No person under the age of 16 shall operate or ride a off-highway vehicle motorized cycle in the Croom Motorcycle Area at Withlacoochee State Forest or at the Off-Highway Vehicle Trail System at Tates Hell State Forest without the direct supervision of an adult (18 years or older).
(7) No change.
Rulemaking Specific Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09,_________.
5I-4.007 Garbage, Water Pollution and Glass Containers.
(1) through (4) No change.
(5) Glass containers are prohibited in and around all waterways within the boundaries of managed lands and on any other area specified by the Service Division.
Rulemaking Specific Authority 589.011(4), 589.12 FS. Law Implemented 589.011(1), (4) FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04,________.
5I-4.008 Vendors; Authorizations; Fees.
Any offsite commercial enterprise desiring to provide horses, canoes, bicycles, or other animals or equipment to any person for use on managed lands shall pay any applicable fees in accordance with subsection 5I-4.002(27), F.A.C., to the Service Division. The commercial enterprise shall provide all customers with copies of Service Division brochures containing general information governing use of the forest.
Rulemaking Specific Authority 589.011(4) FS. Law Implemented 589.011(1), (3) FS. History–New 5-24-92, Amended 11-6-95, 5-31-04,_______.
5I-4.011 Penalties for Violations.
Section 589.011(4), F.S., provides that the Florida Forest Service Division of Forestry on behalf of the state may adopt and enforce rules necessary for the protection, utilization, occupancy, and development of state forest lands or any lands leased by or otherwise assigned to the Service Division for management purposes. Any person violating or otherwise failing to comply with any of the provisions of Section 589.011(4) or 589.071, F.S., or rules adopted pursuant to Section 589.011(4), F.S., is guilty of a non-criminal violation as defined in Section 775.08(3), F.S., punishable only by fine not to exceed $500.00.
Rulemaking Specific Authority 589.011(4), 589.071 FS. Law Implemented 589.011(4), 589.071 FS. History–New 5-24-92, Amended 1-19-95, 5-31-04,_________.