Fla. Admin. Code Ann. R. 5I-4.002 - Purpose and Definitions

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).

Notes

Fla. Admin. Code Ann. R. 5I-4.002

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, Amended by Florida Register Volume 41, Number 179, September 15, 2015 effective 9/30/2015, Amended by Florida Register Volume 42, Number 159, August 16, 2016 effective 8/28/2016.

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.