September 18, 2020
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The Florida Statutes

The 2009 Florida Statutes

Title XXXV
Chapter 589
View Entire Chapter
Section 589.011, Florida Statutes 2009

589.011  Use of state forest lands; fees; rules.--

(1)  The Division of Forestry of the Department of Agriculture and Consumer Services may grant privileges, permits, leases, and concessions for the use of state forest lands, timber, and forest products for purposes not inconsistent with the provisions of this chapter.

(2)  The Division of Forestry is authorized to grant easements for rights-of-way, over, across, and upon state forest lands for the construction and maintenance of poles and lines for the transmission and distribution of electrical power, pipelines for the distribution and transportation of oils and gases, and for telephone and telegraphic purposes and for public roads, under such conditions and limitations as the division may impose.

(3)  The Division of Forestry shall have the power to set and charge reasonable fees or rent for the use or operation of facilities on state forests or any lands leased by or otherwise assigned to the division for management purposes. Moneys collected from such fees and rent shall be deposited into the Incidental Trust Fund of the division.

(4)  The Division of Forestry 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 division for management purposes. Any person violating or otherwise failing to comply with any provision of this subsection or rule adopted under this subsection commits a noncriminal violation as defined in s. 775.08(3), punishable only by fine, not to exceed $500 per violation. Jurisdiction shall be with the appropriate county court.

(5)  The Division of Forestry may prohibit on state forest lands, or any lands leased by or otherwise assigned to the division for management purposes, activities that interfere with management objectives, create a nuisance, or pose a threat to public safety. Such prohibited activities must be posted with signs not more than 500 feet apart along, and at each corner of, the boundaries of the land. The signs must be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line. A person who violates the provisions of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(6)  The Division of Forestry may enter into contracts or agreements, with or without competitive bidding or procurement, to make available, on a fair, reasonable, and nondiscriminatory basis, property and other structures under division control for the placement of new facilities by any wireless provider of mobile service as defined in 147 U.S.C. s. 153(27) or 47 U.S.C. s. 332(d) or any telecommunications company as defined in s. 364.02 when it is determined to be practical and feasible to make such property or other structures available. The division may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for the placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. The division and a wireless provider or telecommunications company may negotiate the reduction or elimination of a fee in consideration of services provided to the division by the wireless provider or telecommunications company. All such fees collected by the division shall be deposited in the Incidental Trust Fund.

History.--ss. 1-4, ch. 25324, 1949; s. 1, ch. 59-168; ss. 14, 35, ch. 69-106; s. 251, ch. 71-377; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 1, ch. 87-10; s. 1, ch. 88-321; s. 79, ch. 93-169; s. 5, ch. 97-220.

1Note.--Substituted by the editors for a reference to 47 U.S.C. s. 153(n), which does not exist; 47 U.S.C. s. 153(27) defines the term "mobile service."

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