Bill Text: FL S0040 | 2016 | Regular Session | Introduced

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Bill Title: Relief of Shuler Limited Partnership by the Department of Agriculture and Consumer Services

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Special Master on Claim Bills [S0040 Detail]

Download: Florida-2016-S0040-Introduced.html

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       Florida Senate - 2016                              (NP)    SB 40
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00164A-16                                             201640__
    1                        A bill to be entitled                      
    2         An act for the relief of Shuler Limited Partnership by
    3         the Florida Forest Service of the Department of
    4         Agriculture and Consumer Services, formerly known as
    5         the Division of Forestry, and the Board of Trustees of
    6         the Internal Improvement Trust Fund; providing for an
    7         appropriation to compensate Shuler Limited Partnership
    8         for damages sustained to 835 acres of its timber as a
    9         result of the negligence, negligence per se, and gross
   10         negligence of employees of the Florida Forest Service,
   11         their violation of s. 590.13, Florida Statutes;
   12         providing a limitation on the payment of fees and
   13         costs; providing an effective date.
   14  
   15         WHEREAS, the Board of Trustees of the Internal Improvement
   16  Trust Fund, hereinafter referred to as the “board,” is the owner
   17  of an approximately 3,267-acre property located within Tate’s
   18  Hell State Forest in Franklin County, which property is
   19  hereinafter referred to as the “prescribed burn area,” and
   20         WHEREAS, pursuant to ch. 590, Florida Statutes, the Florida
   21  Forest Service of the Department of Agriculture and Consumer
   22  Services, formerly known as the Division of Forestry and
   23  hereinafter referred to as the “forest service,” is responsible
   24  for managing Tate’s Hell State Forest, including the prescribed
   25  burn area, for the board, and
   26         WHEREAS, Shuler Limited Partnership is the owner of an
   27  approximately 2,182-acre property, hereinafter referred to as
   28  Shuler’s Pasture, located just west of the prescribed burn area,
   29  which is separated from the prescribed burn area by Cash Creek,
   30  and
   31         WHEREAS, on April 9, 2008, the forest service conducted a
   32  prescribed burn in the prescribed burn area, but before the fire
   33  was completely extinguished, an ember from the smoldering fire
   34  drifted onto Shuler’s Pasture destroying 835 acres of trees, and
   35         WHEREAS, Shuler Limited Partnership filed suit in the
   36  Second Judicial Circuit in and for Franklin County and a jury
   37  returned a verdict in favor of Shuler Limited Partnership,
   38  finding that the forest service was negligent, negligent per se,
   39  and grossly negligent in the conduct of the prescribed burn, the
   40  burn was conducted in violation of s. 590.13, Florida Statutes,
   41  and the board was vicariously liable for the forest service’s
   42  conduct of the prescribed burn, and
   43         WHEREAS, the forest service and the board appealed the jury
   44  verdict and award of damages in the amount of $741,496, which
   45  was upheld by the First District Court of Appeal, and
   46         WHEREAS, the forest service and the board have paid
   47  $100,000 to Shuler Limited Partnership pursuant to the
   48  applicable statutory limits of liability in s. 768.28, Florida
   49  Statutes, and a total of $670,493, consisting of $641,496 in
   50  damages and $28,997 in costs, remains to be paid, NOW,
   51  THEREFORE,
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. The facts stated in the preamble to this act are
   56  found and declared to be true.
   57         Section 2. There is appropriated from the General Revenue
   58  Fund to the Department of Agriculture and Consumer Services and
   59  from the General Revenue Fund to the Board of Trustees of the
   60  Internal Improvement Trust Fund the sum of $670,493 for the
   61  relief of Shuler Limited Partnership for damages caused by the
   62  negligence, negligence per se, and gross negligence of employees
   63  of the Florida Forest Service and their violation of s. 590.13,
   64  Florida Statutes.
   65         Section 3. The Chief Financial Officer is directed to draw
   66  a warrant in the sum of $670,493, payable to Shuler Limited
   67  Partnership, as compensation for the damages to Shuler Limited
   68  Partnership caused by the negligence, negligence per se, and
   69  gross negligence of employees of the Florida Forest Service and
   70  their violation of s. 590.13, Florida Statutes.
   71         Section 4. The amount paid by the Florida Forest Service of
   72  the Department of Agriculture and Consumer Services and the
   73  Board of Trustees of the Internal Improvement Trust Fund
   74  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   75  under this act are intended to provide the sole compensation for
   76  all present and future claims arising out of the factual
   77  situation described in this act which resulted in damages to
   78  Shuler Limited Partnership. The total amount paid for attorney’s
   79  fees, lobbying fees, costs, and similar expenses relating to
   80  this claim may not exceed 25 percent of the total amount awarded
   81  under this act.
   82         Section 5. This act shall take effect upon becoming a law.