Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.002 - Purpose and Definitions

Current through Reg. 50, No. 138; July 16, 2024
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. The
				  following words have the meaning indicated:
(1) Access: The Florida Forest Service
				designated entrance or access to or from managed lands by the general
				public.
(2) Aircraft: A powered or
				unpowered machine or device capable of atmospheric flight including, but not
				limited to, airplanes, helicopters, ultra lights, gliders, hang gliders, and
				any device as specified in Section
				934.50(2)(a),
				F.S., except a parachute or other such device used primarily as safety
				equipment.
(3) All-Terrain Vehicle
				(ATV): Any motorized off-highway vehicle as specified in Sections
				261.03,
				316.2074, and
				317.0003, F.S.
(4) Bicycle Trail: A designated trail on
				which human-powered, pedal-driven bicycles are allowed.
(5) Campground: An overnight developed area,
				other than a hunt camp or primitive camp, designated for overnight camping
				which may provide the user with conveniences such as water or electric hook-ups
				at each site, and full flush restrooms with showers.
(6) Camp Zone: An overnight camping area
				included as part of a trail system. Camp zones have no facilities and are not
				accessible from designated roads. Fees are not charged.
(7) Carrying Capacity: The maximum number of
				persons, motor vehicles, off-highway vehicles, horses or watercraft permitted
				within any designated area or trail without degrading any of the natural
				resource values.
(8) Day-Use Area:
				An established area designated for public recreational activities during
				daylight hours only.
(9)
				Department: The Florida Department of Agriculture and Consumer
				Services.
(10) Designated Road: Any
				land surface area, unpaved or paved, named or numbered, open to the public
				operating motor vehicles or non-motorized vehicles.
(11) Designated Trail: A specific trail on
				which particular uses are allowed as specified by the Service and which is
				appropriately denoted and maintained for those uses.
(12) Group Camp: A designated primitive or
				developed camping area designed to accommodate organized groups for overnight
				visits.
(13) Hiking Trail: A
				designated trail on which only pedestrian traffic is allowed.
(14) Helispot: Any Service designated
				location where a helicopter (or powered-lift craft) can safely take off and
				land.
(15) Horse: Any member of the
				equine family.
(16) Horse Trail: A
				designated trail on which only horse traffic is allowed.
(17) Hunt Camp: An area consisting of
				designated campsites that require a Hunt Camp Permit for the entire length of a
				specific hunt (e.g. Archery, General Gun, Muzzleloader, Small Game or Spring
				Turkey) and is available only to properly licensed hunters.
(18) Managed Land(s): Any land, water body,
				or facility managed, controlled, or occupied by the Department of Agriculture
				and Consumer Services, Florida Forest Service.
(19) 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.
(20) Multi-Use Trail: A trail shared by more
				than one user group.
(21) Nature
				Trail: A hiking trail to be used for environmental or forest
				education.
(22) Non-Motorized
				Vehicle: Any non-motorized wheeled conveyance, intended for the transportation
				of persons or materials, whether human-powered, drawn or towed.
(23) 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.
(24) Off-Highway Vehicle (OHV) - Any ATV, two
				rider ATV, ROV or OHM that is used for recreation and 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.
(25)
				Organized Group: Any organization or collection of persons using managed lands
				for the same purpose.
(26)
				Primitive Camps: Designated overnight areas that have limited
				facilities.
(27) Person: Any
				individual, child, firm, association, joint venture, partnership, estate,
				trust, business trust, syndicate, fiduciary, corporation, and all other groups
				or combinations.
(28) Pet: An
				animal which is easily tamed or domesticated and kept primarily for
				companionship and is not a service animal.
(29) Recreational Off-highway Vehicle (ROV):
				Any motorized recreational off-highway vehicle as specified in Sections
				261.03, and
				317.0003, F.S. The term "ROV"
				does not include a golf cart as defined in Sections
				320.01(22) and
				316.003(68),
				F.S., or a low-speed vehicle as defined in Section
				320.01(42),
				F.S.
(30) Recreational Vehicle: A
				motor vehicle designed to provide temporary living quarters for recreational,
				camping, or travel use, which has its own propulsion or is mounted on or towed
				by another motor vehicle.
(31)
				Runway: A Service designated area that is a leveled strip of smooth ground
				along which aircraft take off and land.
(32) Schedule of Fees: The Florida Forest
				Service 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 for management purposes. A list of
				the current fees can be found in the document entitled "Fees on Florida Forest
				Service Managed Lands, April 14, 2016, " which is hereby adopted and
				incorporated by reference. This fee schedule can be obtained by contacting any
				State Forest office, the Florida Forest Service, Bureau of Forest Management,
				3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by visiting
https://www.flrules.org/Gateway/reference.asp?No=Ref-06982
.
(33) Service: Florida Forest
				Service.
(34) Service Animal: As
				defined in Section 413.08, F.S., means an animal
				that is trained to perform tasks for an individual with a disability. The tasks
				may include, but are not limited to, guiding a person who is visually impaired
				or blind, alerting a person who is deaf or hard of hearing, pulling a
				wheelchair, assisting with mobility or balance, alerting and protecting a
				person who is having a seizure, retrieving objects, or performing other special
				tasks. A service animal is not a pet. In accordance with
				28 C.F.R. §
										35.104 and
				28 C.F.R. §
										35.136, a service animal whose sole function
				is to provide comfort or emotional support does not qualify a service animal. A
				service animal must be harnessed, leashed, or tethered, unless these devices
				interfere with the service animal's work or the individual's disability
				prevents using these devices, and in that case, the individual must maintain
				control of the animal through voice, signal, or other effective
				controls.
(35) Swimming Area: The
				area of waterbody that is roped off for swimming, and may include any part of
				beach, shore, or other access points leading to the swimming area, as posted by
				the Service.
(36) Watercraft: Any
				motorized, paddle-propelled or wind-driven means of water-related
				transportation.
(37) Youth Group:
				Any organized group of seven or more youths (under the age of 18) who are
				accompanied by one or more adult (18 years or older)
				chaperone(s).
Rulemaking Authority 570.07(23), 589.011(4), 589.071,
					 589.12 FS. Law Implemented
					 589.04,
					 589.011(3),
					 589.071
					 FS.
New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09,
					 11-23-10, 5-16-12, 9-30-15, 8-28-16.