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F.S. 590.02 on Google Scholar

F.S. 590.02 on Casetext

Amendments to 590.02


The 2020 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 590
FOREST PROTECTION
View Entire Chapter
F.S. 590.02 Florida Statutes and Case Law
590.02 Florida Forest Service; powers, authority, and duties; liability; building structures; Withlacoochee Training Center.
(1) The Florida Forest Service has the following powers, authority, and duties to:
(a) Enforce the provisions of this chapter;
(b) Prevent, detect, and suppress wildfires wherever they may occur on public or private land in this state and do all things necessary in the exercise of such powers, authority, and duties;
(c) Provide firefighting crews, who shall be under the control and direction of the Florida Forest Service and its designated agents;
(d) Appoint center managers, forest area supervisors, forestry program administrators, a forest protection bureau chief, a forest protection assistant bureau chief, a field operations bureau chief, deputy chiefs of field operations, district managers, forest operations administrators, senior forest rangers, investigators, forest rangers, firefighter rotorcraft pilots, and other employees who may, at the Florida Forest Service’s discretion, be certified as forestry firefighters pursuant to s. 633.408(8). Other law notwithstanding, center managers, district managers, forest protection assistant bureau chief, and deputy chiefs of field operations have Selected Exempt Service status in the state personnel designation;
(e) Develop a training curriculum for wildland firefighters which must contain a minimum of 40 hours of structural firefighter training, a minimum of 40 hours of emergency medical training, and a minimum of 376 hours of wildfire training;
(f) Pay the cost of the initial commercial driver license examination fee for those employees whose position requires them to operate equipment requiring a license. This paragraph is intended to be an authorization to the department to pay such costs, not an obligation;
(g) Provide fire management services and emergency response assistance and set and charge reasonable fees for performance of those services. Moneys collected from such fees shall be deposited into the Incidental Trust Fund of the Florida Forest Service;
(h) Require all state, regional, and local government agencies operating aircraft in the vicinity of an ongoing wildfire to operate in compliance with the applicable state Wildfire Aviation Plan;
(i) Authorize broadcast burning, prescribed burning, pile burning, and land clearing debris burning to carry out the duties of this chapter and the rules adopted thereunder; and
(j) Make rules to accomplish the purposes of this chapter.
(2) The Florida Forest Service’s employees, and the firefighting crews under their control and direction, may enter upon any lands for the purpose of preventing, detecting, and suppressing wildfires and investigating smoke complaints or open burning not in compliance with authorization and to enforce the provisions of this chapter.
(3) Employees of the Florida Forest Service and of federal, state, and local agencies, and all other persons and entities that are under contract or agreement with the Florida Forest Service to assist in firefighting operations as well as those entities, called upon by the Florida Forest Service to assist in firefighting may, in the performance of their duties, set counterfires, remove fences and other obstacles, dig trenches, cut firelines, use water from public and private sources, and carry on all other customary activities in the fighting of wildfires without incurring liability to any person or entity. The manner in which the Florida Forest Service monitors a smoldering wildfire or smoldering prescribed fire or fights any wildfire are planning level activities for which sovereign immunity applies and is not waived.
(4)(a) The department may build structures, notwithstanding chapters 216 and 255, not to exceed a cost of $50,000 per structure from existing resources on forest lands, federal excess property, and unneeded existing structures. These structures must meet all applicable building codes.
(b) Notwithstanding s. 553.80(1), the department shall exclusively enforce the Florida Building Code as it pertains to wildfire, law enforcement, and other Florida Forest Service facilities under the jurisdiction of the department.
(5) The Florida Forest Service shall organize its operational units to most effectively prevent, detect, and suppress wildfires, and to that end, may employ the necessary personnel to manage its activities in each unit. The Florida Forest Service may construct lookout towers, roads, bridges, firelines, and other facilities and may purchase or fabricate tools, supplies, and equipment for firefighting. The Florida Forest Service may reimburse the public and private entities that it engages to assist in the suppression of wildfires for their personnel and equipment, including aircraft.
(6) The Florida Forest Service shall undertake privatization alternatives for fire prevention activities including constructing fire lines and conducting prescribed burns and, where appropriate, entering into agreements or contracts with the private sector to perform such activities.
(7) The Florida Forest Service may organize, staff, equip, and operate the Withlacoochee Training Center. The center shall serve as a site where fire and forest resource managers can obtain current knowledge, techniques, skills, and theory as they relate to their respective disciplines.
(a) The center may establish cooperative efforts involving federal, state, and local entities; hire appropriate personnel; and engage others by contract or agreement with or without compensation to assist in carrying out the training and operations of the center.
(b) The center shall provide wildfire suppression training opportunities for rural fire departments, volunteer fire departments, and other local fire response units.
(c) The center shall focus on curriculum related to, but not limited to, fuel reduction, an incident management system, prescribed burning certification, multiple-use land management, water quality, forest health, environmental education, and wildfire suppression training for structural firefighters.
(d) The center may assess appropriate fees for food, lodging, travel, course materials, and supplies in order to meet its operational costs and may grant free meals, room, and scholarships to persons and other entities in exchange for instructional assistance.
(8)(a) The Cross City Work Center shall be named the L. Earl Peterson Forestry Station. This is to honor Mr. L. Earl Peterson, Florida’s sixth state forester, whose distinguished career in state government has spanned 44 years, and who is a native of Dixie County.
(b) The Madison Forestry Station shall be named the Harvey Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene Sr., a World War I veteran and pioneer in forestry in Madison County. In 1947, Mr. Harvey Greene Sr. offered to give the land on which the forestry station is located to the state; however, at that time, the state could not accept donations of land. Instead, Mr. Harvey Greene Sr. sold the land to the state and, with the proceeds of the sale, purchased forestry equipment to be used by the citizens of Madison County to plant trees and fight wildfires.
(9)(a) Notwithstanding ss. 273.055 and 287.16, the department may retain, transfer, warehouse, bid, destroy, scrap, or otherwise dispose of surplus equipment and vehicles that are used for wildland firefighting.
(b) All money received from the disposition of state-owned equipment and vehicles that are used for wildland firefighting shall be retained by the department. Money received pursuant to this section is appropriated for and may be disbursed for the acquisition of exchange and surplus equipment used for wildland firefighting, and for all necessary operating expenditures related to such equipment, in the same fiscal year and the fiscal year following the disposition. The department shall maintain records of the accounts into which the money is deposited.
(10)(a) Notwithstanding the provisions of s. 252.38, the Florida Forest Service has exclusive authority to require and issue authorizations for broadcast burning and agricultural and silvicultural pile burning. An agency, commission, department, county, municipality, or other political subdivision of the state may not adopt or enforce laws, regulations, rules, or policies pertaining to broadcast burning or agricultural and silvicultural pile burning.
(b) The Florida Forest Service may delegate to a county, municipality, or special district its authority:
1. As delegated by the Department of Environmental Protection pursuant to ss. 403.061(29) and 403.081, to manage and enforce regulations pertaining to the burning of yard trash in accordance with s. 590.125(6).
2. To manage the open burning of land clearing debris in accordance with s. 590.125.
History.s. 14, ch. 17029, 1935; CGL 1936 Supp. 4151(10-ss); s. 1, ch. 26915, 1951; s. 1, ch. 57-55; ss. 2, 3, ch. 67-371; ss. 14, 31, 35, ch. 69-106; s. 1, ch. 77-70; s. 1, ch. 79-91; s. 142, ch. 79-190; s. 231, ch. 79-400; s. 1, ch. 80-40; s. 1, ch. 81-111; s. 2, ch. 83-178; s. 2, ch. 86-59; s. 3, ch. 88-321; s. 1, ch. 92-187; s. 8, ch. 92-290; s. 103, ch. 92-291; s. 23, ch. 96-231; s. 9, ch. 97-220; s. 3, ch. 99-292; s. 76, ch. 2000-154; s. 27, ch. 2000-197; s. 39, ch. 2002-295; s. 55, ch. 2011-206; s. 58, ch. 2012-7; s. 45, ch. 2012-190; s. 151, ch. 2013-183; s. 23, ch. 2013-226; s. 131, ch. 2014-17; s. 148, ch. 2014-150; s. 36, ch. 2017-85; s. 55, ch. 2018-84; s. 94, ch. 2019-3; s. 6, ch. 2020-135; s. 51, ch. 2020-150.

Statutes updated from Official Statutes on: December 31, 2020
F.S. 590.02 on Google Scholar

F.S. 590.02 on Casetext

Amendments to 590.02


Arrestable Offenses / Crimes under Fla. Stat. 590.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 590.02.


Civil Citations / Citable Offenses under S590.02
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 590.02.


Annotations, Discussions, Cases:

  1. The postconviction court concluded that Matakis had not supplied any facts to support his claim for relief, and therefore denied his petition without holding an evidentiary hearing. Minnesota Statutes § 590.02, subd. 1 (2014), lists the requirements for filing a proper postconviction petition. This statute provides, in part, that the petition shall contain “a statement of the facts and the grounds upon which the petition is based and the relief desired. All grounds for relief must be stated in the petition or any amendment thereof unless they could not reasonably have been set forth therein.” Minn.Stat. § 590.02, subd. 1(1). Matakis does not argue that his petition set forth the factual basis for his contention that his plea was invalid. But he argues that the postconviction court should have given him a greater opportunity to provide that information.
    PAGE 36
  2. Roby v. State

    787 N.W.2d 186 (Minn. 2010)   Cited 28 times
    (Emphasis added.) Section 590.02, subdivision 1(1) does not require a petitioner to provide statutory citations to the exceptions to the general time limit. Instead, section 590.02, subdivision 1(1) expressly instructs that a petition not include "citation of authorities."
    PAGE 191
  3. City of Columbus v. Asomani

    85 N.E.3d 1159 (Ohio Ct. App. 2017)
    [1.] While Appellant's case was pending the Columbus City Council on January 27, 2016 enacted Ordinance 0249-2016 which repealed in its entirety Columbus City Code (C.C.C.) 590.02(a)(3) (prohibitions regarding decal display for peer-to-peer transportation network vehicles) and 590.99(a) (penalties for violating 590.02(a)(3)). The application of C.C.C. 101.05 ("Effect of repeal of ordinances") cannot control because it plainly conflicts with City Council's intent to immediately remove peer-to-peer decal offenses as criminal acts within the City of Columbus. Appellant's conviction for violating C.C.C. 590.02(a)(3) and the accompanying sentence must therefore be vacated.
    PAGE 1164
  4. Spann v. State

    740 N.W.2d 570 (Minn. 2007)   Cited 88 times
    A person convicted of a crime may petition the district court for postconviction relief "to vacate and set aside the judgment[,] * * * grant a new trial[,] * * * or make other disposition as may be appropriate." Minn.Stat. § 590.01, subd. 1 (2006). The petition must contain "a statement of the facts and the grounds upon which the petition is based and the relief desired." Minn.Stat. § 590.02, subd. 1(1) (2006). An evidentiary hearing "is not required unless facts are alleged which, if proved, would entitle a petitioner to the requested relief." Fratzke v. State, 450 N.W.2d 101, 102 (Minn. 1990) (citing State ex rel. Roy v. Tahash, 277 Minn. 238, 245, 152 N.W.2d 301, 306 (1967)).
    PAGE 572
  5. Wernikiewicz v. State

    No. A08-0419 (Minn. Ct. App. Feb. 24, 2009)
    In sum, this case is governed by Paone, and we are compelled to conclude that the district court administrator's omission is reversible error. The district court's denial of Wernikiewicz's postconviction petition is reversed, and the matter is remanded to the district court. On remand, the district court administrator shall forward a copy of Wernikiewicz's postconviction petition to the state public defender's office, as required by section 590.02, subdivision 1(4).
    PAGE 5
  6. El Eid v. State

    A11-898 (Minn. Ct. App. Feb. 21, 2012)   Cited 2 times
    A postconviction petition "must invoke an exception." Rickert v. State, 795 N.W.2d 236, 241 (Minn. 2011). But "a petition for postconviction relief does not need to include specific citation to a subdivision 4(b) exception to invoke it." Roby, 787 N.W.2d at 191. "Rather, the postconviction statutes require a court to look at the 'statement of the facts and the grounds upon which the petition is based,' Minn. Stat. § 590.02, subd. 1(1), ' waiv[ing] any irregularities or defects in form' and 'liberally constru[ing]' the petition to ascertain whether the petition raises an exception, Minn. Stat. § 590.03." Id. (alteration in original).
    PAGE 5
  7. Rossberg v. State

    874 N.W.2d 786 (Minn. 2016)   Cited 8 times
    Rossberg acknowledged in his postconviction petition that he did not include factual support for the requested relief. Rossberg sought additional time to file an addendum because, he claimed, his access to the prison law library was limited. But the postconviction relief statute requires the petition to include allegations of fact, not citations to legal authority. See Minn.Stat. § 590.02, subd. 1(1). Rossberg has not explained why he was unable to state the facts underlying his claims. Accordingly, the postconviction court did not abuse its discretion by denying Rossberg's motion for additional time to file an addendum.
    PAGE 791
  8. Lewis v. State

    697 N.W.2d 624 (Minn. Ct. App. 2005)   Cited 9 times
    A person who is financially unable to obtain counsel may apply for representation with the public defender. Minn.Stat. § 590.05 (2004). When pursuing postconviction relief, such a person is entitled to be represented by a public defender. Id. But, this entitlement exists only if (a) the person has not already had a direct appeal of the conviction, and (b) the person did not plead guilty and receive an imposed sentence that was a presumptive sentence or a downward departure. Minn.Stat. §§ 590.05; 611.14, subd. 2 (2004). If the petitioner/defendant files the petition without the assistance of counsel, the court administrator must send a copy of the petition to the state public defender's office and advise the petitioner of such referral. Minn.Stat. § 590.02 (2004).
    PAGE 627
  9. Velasquez v. State

    A14-0690 (Minn. Ct. App. Dec. 29, 2014)
    However, section 590.02 also requires "a statement of the facts and the grounds upon which the petition is based and the relief desired[,]" "an identification of the proceedings in which the petitioner was convicted including the date of the entry of judgment and . . . disposition complained of[,]" and "the name and address of any attorney representing the petitioner." Id., subd. 1. Velasquez's submission included all of these items.
    PAGE 4
  10. Berg v. State

    403 N.W.2d 316 (Minn. Ct. App. 1987)   Cited 23 times
    We have reviewed all other issues and conclude that they were previously raised and addressed in Berg's direct appeal or were known at the time the case was considered on appeal and may not now be raised. Case, 364 N.W.2d at 800. Berg challenges the propriety of the post-conviction judge being the same judge who presided at trial. This is not improper. See Minn.Stat. § 590.02, subd. 3. Finally, we note that the polygraph examination report submitted by Berg was not part of the record, is generally inadmissible, State v. Anderson, 379 N.W.2d 70, 79 (Minn. 1985), cert. denied, ___ U.S. ___, 106 S.Ct. 2248, 90 L.Ed.2d 694 (1986), and cannot be considered on appeal. See Minn.Stat. § 590.02, subd. 3.
    PAGE 318