The 2023 Florida Statutes (including Special Session C)

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 590
FOREST PROTECTION

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F.S. 590.14

590.14 Notice of violation; penalties; legislative intent.—

(1) If a Florida Forest Service employee determines that a person has violated chapter 589, this chapter, or any rule adopted by the Florida Forest Service to administer provisions of law conferring duties upon the Florida Forest Service, the Florida Forest Service employee may issue a notice of violation indicating the statute or rule violated. This notice will be filed with the Florida Forest Service and a copy forwarded to the appropriate law enforcement entity for further action if necessary.

(2) In addition to any penalties provided by law, any person who causes a wildfire or permits any authorized fire to escape the boundaries of the authorization or to burn past the time of the authorization is liable for the payment of all reasonable costs and expenses incurred in suppressing the fire or $150, whichever is greater. All costs and expenses incurred by the Florida Forest Service shall be payable to the Florida Forest Service. When such costs and expenses are not paid within 30 days after demand, the Florida Forest Service may take proper legal proceedings for the collection of the costs and expenses. Those costs incurred by an agency acting at the direction of the Florida Forest Service are recoverable by that agency.

(3) The department may also impose an administrative fine in the Class I category pursuant to s. 570.971 for each violation of chapter 589 or this chapter or violation of any rule adopted by the Florida Forest Service to administer law conferring duties upon the Florida Forest Service. The fine shall be based upon the degree of damage, the prior violation record of the person, and whether the person knowingly provided false information to obtain an authorization. The fines shall be deposited in the Incidental Trust Fund of the Florida Forest Service.

(4) A person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the person:

(a) Fails to comply with any rule or order adopted by the Florida Forest Service to administer provisions of law conferring duties upon it; or

(b) Knowingly makes any false statement or representation in any application, record, plan, or other document required by this chapter or any rules adopted under this chapter.

(5) It is the intent of the Legislature that a penalty imposed by a court under subsection (4) be of a severity that ensures immediate and continued compliance with this section.

(6) The penalties provided in this section shall extend to both the actual violator and the person or persons, firm, or corporation causing, directing, or permitting the violation.

History.—s. 15, ch. 17029, 1935; CGL 1936 Supp. 7404(2); s. 1, ch. 20898, 1941; s. 2, ch. 26915, 1951; s. 615, ch. 71-136; s. 82, ch. 93-169; s. 11, ch. 99-292; s. 32, ch. 2000-308; s. 49, ch. 2002-295; s. 57, ch. 2011-206; s. 62, ch. 2012-7; s. 151, ch. 2014-150.

F.S. 590.14 on Google Scholar

F.S. 590.14 on Casetext

Amendments to 590.14

Arrestable Offenses / Crimes under Fla. Stat. 590.14

Level: Degree
Misdemeanor/Felony: First/Second/Third

S590.14 - PUBLIC ORDER CRIMES - PENALTY REPEALED 99-292 - M: S

S590.14 4a - CONSERVATION-ENVIRONMENT - FAIL COMPLY W RULE ORDER RE FOREST PROTECTION - M: S

S590.14 4b - CONSERVATION-ENVIRONMENT - FALSE REPRESENTATION RE FOREST PROTECTION - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

In FIFTH AVENUE ASSOCIATES, L. P. FIFTH AVENUE ASSOCIATES, L. P. v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, W. V., 127 B.R. 533 (S.D.N.Y. 1991)

. . . . & Regs., § 590.14-17 (1988). . . .

In FIFTH AVENUE ASSOCIATES, L. P. FIFTH AVENUE ASSOCIATES, L. P. v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, W. V., 116 B.R. 384 (Bankr. S.D.N.Y. 1990)

. . . . & Regs., §§ 590.14-17 (1988). . . .

VAN- TEX, INC. v. R. PIERCE, Jr., 703 F.2d 891 (5th Cir. 1983)

. . . When Van-Tex finished construction, they amounted to $186,-590.14. . . .

NELSON, v. STATE, 398 So. 2d 920 (Fla. Dist. Ct. App. 1981)

. . . . § 590.14(1) & (2), Fla.Stat. (1979). . . .

D. JOHNSON, v. H. G. COCHRAN, Jr., 133 So. 2d 65 (Fla. 1961)

. . . that the penalty for a violation of Section 590.08, Florida Statutes, F.S.A., is prescribed by Section 590.14 . . . commit a felony condemned by Section 590.08, supra, for which the penalty is prescribed by Section 590.14 . . .

SHEFFIELD, v. STATE, 90 So. 2d 449 (Fla. 1956)

. . . penalty for violation of- Sections 590.08 and 590.09, Florida Statutes, F.S.A., is set forth in Section 590.14 . . . provisions of that act are not to be in any way governed or influenced by the penalty provisions of Section 590.14 . . . of the penalty for a violation of Section 590.08, Florida Statutes, F.S.A., as delineated in Section 590.14 . . . remanded, with directions to the trial court to prescribe a proper sentence within the limits of Section 590.14 . . .

J. A. DEES v. STATE OF FLORIDA, 155 Fla. 157 (Fla. 1944)

. . . Stats. 1941, and sentenced under the provisions of Section 590.14 Fla. . . . The penalty statute (590.14) provides that “upon conviction . . . . . .