Group Title: Bulletin
Title: Forestry and timber laws of the state of Florida
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Permanent Link: http://ufdc.ufl.edu/UF00075927/00001
 Material Information
Title: Forestry and timber laws of the state of Florida
Series Title: Bulletin
Physical Description: 48 p. : ; 23 cm.
Language: English
Creator: Stanaland, Rosa
Florida Forest Service
Publisher: Florida Forest Service
Place of Publication: Tallahassee Fla
Publication Date: 1934
 Subjects
Subject: Forestry law and legislation -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
non-fiction   ( marcgt )
 Notes
Statement of Responsibility: compiled by Rosa Stanaland.
General Note: "Compiled general laws of 1927 and subsequent acts."
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Bibliographic ID: UF00075927
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 35134584

Full Text









Forestry and Timber Laws 1


FOREWORD

Woods fires make idle lands, idle industries, idle hands. They lead
toward devastation and poverty. To reverse the situation, the land-
owners and public must take steps to stop fires, grow trees and keep
forest lands working. It is no simple matter to bring this about-
to overcome the woods-burning custom of long standing. The
essential steps are to prove to' the satisfaction of the younger genera-
tion that all social and industrial prosperity is founded on abundant
and cheap renewable natural resources; to demonstrate the wonder-
ful growing power of Florida's forest lands; and to show that woods
fires prevent Nature from restocking lands with trees which provide
one of the essential resources-timber. What is needed is an en-
raged public opinion which will wage war "on Demon Wild-fire,"
and bring about an anti-fire sentiment in every community and every
county. A public opinion of this kind will demand the enforcement
of our forest fire laws which are here presented with other Forestry
and Timber laws now on our statute-books. T'o strengthen and en-
force them is a challenge to the members of the Florida Forest Ser-
vice and to every other citizen of Florida.

HARRY LEE BAKER,
State Forester








!i 10

.SCIENCE
LIBRARY







FORESTRY AND TIMBER

LAWS
of the

STATE OF FLORIDA


COMPILED GENERAL LAWS OF 1927
and
SUBSEQUENT ACTS


SUMMARY OF CONTENTS
PAGE
Foreword ....................... .......... ........ ..... 1
Summary of Contents ................................... 3
State Board of Forestry ............ ...................... 4
F ire L aw s ............................... ............. 6
References to Other Fire Laws .............................. 7
Forest Protection Laws ......................... ......... 8
References to Other Forest Protection Laws................. 10
State Forests and State Lands ............................ 10
References to Other Laws Concerning State Forests and State
Lands ............................................... 14
References to Laws Relating to Schools ...................... 15
Limited Dividend Forestry Corporations ..................... 15
Florida Agricultural and Industrial Relief Commission....... 20
Forest Products Industries ................................. 20
References to Other Laws Pertaining to Forest Products In-
dustries .......................................... .22
Forest and Shade Tree Laws ............................... 23
References to Other Forest and Shade Tree Laws............ 24
Federal and State Co-operation:
Clarke-McNary Law .................................. 25
Reference to Law for Relief of Unemployment .......... :28
National Forests ..... .................................... 28
References to Laws on Taxation .............................. 30
Reference to Nurseries ................................... 31
Index .................................... .. ........... 32
List of Publications for Free Distribution by Florida Forest
Service ................ ............................ 43








4 Bulletin 10, Florida. Forest Service



STATE BOARD OF FORESTRY

4151 (1). Creation; appointment, term of office, oath, salary,
etc., of members.
There is hereby created and established a board to be known as the "Florida
Board of Forestry," which board shall be composed of five members, to be
appointed by the Governor, for the term of years hereinafter stated, one
member to be appointed for one year; one member to be appointed for two
years; one member to be appointed for three years; two members to be ap-
pointed for four years, all of whom are to .hold office for the period set forth
and until their successors have been duly appointed and qualified. After the
expiration of these terms of office, the Governor shall appoint their successors
for a period of four years. A majority of the members of said board shall
constitute a quorum for all purposes of said meeting. Before entering upon
the discharge of their duty as members of said board, each member shall be
required to subscribe to the following oath of office: "I do solemnly swear
(or affirm) that I will support, protect and defend the Constitution and Gov-
ernment of the United States and of the State of Florida; that I am duly
qualified to hold office under the Constitution of the State, and that I will
well and faithfully perform the duties of member of the Florida board of
forestry, on which I am now about to enter. So help me, God.,". Each mem-
ber of said board shall be required to give a good and sufficient bond in tile
penal sum of $10,000.00 in some surety company, authorized to do business
in the State of Florida, payable to the Governor and his successor, and con-
ditioned for the due and faithful performance of his duties as a member of
the Florida board of forestry.

4151 (2). Headquarters and meetings; officers.
The official headquarters of said board shall be in Tallahassee, but it may
hold its meetings at other places in the State of Florida as said board
may demand by resolution, or as may be selected by a majority of the mem-
bers of the said board in any call for a meeting. The first meeting of the
said board shall be held at the call of the Governor as soon after the appoint-
ment of its members as may be practicable, and thereafter the annual meeting
of the said board shall be held on the first Monday in October of each year.
Special meetings of said board may be called at any time by.the president,
or upon the written request of a majority of the members. At the first meet-
ing of the said board it shall elect from its members a president, vice-
president and secretary for a term continuing to the first annual meeting of
the said board and thereafter there shall be an election of officers at each
regular annual meeting of said board.

4151 (3). Compensation; expenses.
No member of the Florida board of forestry shall receive any compensation
for the services he may render under the provisions of this Chapter, save
and except that the members of said board shall receive their actual expenses
necessarily incurred in the discharge of their duties as members of said
board, which shall not exceed the sum of three hundred dollars each in any
calendar year.

4151 (4). Duty.
It shall be the duty of the Florida board of forestry under such terms as
in the judgment of the board will best serve the public interest to assist and
co-operate with Federal and State departments or institutions, county, town,
corporation or individual, to gather and disseminate information in regard
to forests, their care and management, to prevent and extinguish forest fires,
and enforce all laws pertaining to forests and woodlands.







Forestry and Timber Laws 5


4151 (5). State forester; employees, clerks, etc.
The Florida board of forestry shall employ a State forester, who shall have
been technically trained in the profession of forestry, and, in addition, shall
have had at least two years' experience in practical and administrative work
of that profession, the exact extent and character of which shall be certified
by the Secretary of the United States department of Agriculture, or State
administrative officer having personal knowledge thereof, whose salary and
actual expenses when traveling shall be paid from the forestry fund herein-
after provided for, and whose salary shall not be more than five thousand
dollars per annum, and whose duties shall be to take such action as is
authorized by law and by the Florida board of forestry to prevent and ek-
tinguish forest fires, and enforce all laws pertaining to forests and woodlands,
and to cause prosecution for any violation of said laws, and have charge
and full authority of law with the immediate direction and control of all
matters relating to forestry as authorized by this Chapter, or as may be other-
wise authorized by law, subject to the supervision and approval of the Florida
board of forestry, and said board shall employ such assistants, agents, clerks
and employees on such terms and conditions as said board shall deem advisable.

4151 (6). Appropriation.
The sum of twenty-five thousand dollars is hereby appropriated from any
funds in the State treasury, not otherwise appropriated, which said sum shall
be placed to the credit of the Florida board of forestry in the hands of the
State Treasurer, and twelve thousand five hundred dollars of said appro-
priation or so much thereof as shall be necessary, shall be available on the
first day of July, A. D. 1927, and twelve thousand five hundred dollars, or so
much thereof as may be necessary, shall be available on the first day of July,
A. D. 1928: Provided, however, that so much of said twenty-five thousand
dollars as may be necessary shall be used in defraying the general expenses
of the Florida board of forestry, including the salary of the forester, assistants,
agents and employees. (Amended as to appropriations).

4151 (7). Accounts; warrant for payment.
Upon the presentation to the Comptroller of any accounts duly approved by
the Florida board of forestry accompanied by such itemized vouchers or ac-
counts as shall be required by him, the Comptroller is hereby authorized and
required to audit the same and draw a warrant on the State Treasurer for the
amount for which the account is audited, payable out of the funds received
under the provisions of this Chapter, or otherwise, to the credit of the Florida
board of forestry.

4151 (8). Effect of partial invalidity of Chapter.
If any section or matter in this Chapter shall be held to be unconstitutional
or invalid it shall not affect the validity of the remaining parts of this
Chapter, and said unconstitutional or invalid part may be eliminated from
this Chapter, and the remaining portion or portions thereof shall be and re-
main in full force and effect and be as valid as if such invalid clause or
section or matter had not been incorporated herein.

4151 (9). Contracts respecting grazing rights or privileges.
Provided, however, no contract or agreement shall be entered into respecting
grazing rights or privileges for the use of any lands acquired under the pro-
visions of this Chapter whether the same be acquired by gift or otherwise,
and any such contract or agreement entered into or attempted to be made or
enforced shall be void and of no effect, anything in this Chapter to the con-
trary notwithstanding.







6 Bulletin 10, Florida Forest Service


4151 (10). Taxation of land acquired for forestry purposes.
No land acquired under the provisions of this Chapter, whether acquired
by donation, lease, gift, contract, purchase or in any other manner acquired,
or control assumed under the provisions of this Chapter, shall be exempt
from taxation, State, county, municipal or district, and any and all purchases,
contracts to purchase, leases or contracts to lease, gifts or donations of land
for forestry purposes which exempts, or partially exempts, such lands so ac-
quired or held in trust for forestry purposes shall be null and void and of
no effect, any provision in this Chapter to the contrary notwithstanding.
(Ch. 12283, Acts 1927, par. 1 to 10, inclusive.)




FIRE LAWS

7403. Burning Woods.
Whoever sets fire to or burns any wild forests, woods, lands or marshes, ex-
cept between February 15 and March 31, of each year, or between the said
dates without giving two days' previous notice to all persons living within one
mile of the place intended to be fired, shall be punished by imprisonment not
exceeding sixty days, or by fine not exceeding one hundred dollars. (Ch.
3141, Acts 1879, par. 1, 2.)

7404. Setting'fire to or burning wild forest, woods, land or
marshes.
Whoever sets fire to or burns any wild forest, woods, lands or marshes
in this State shall, upon conviction thereof, be punished by fine not exceeding
one thousand dollars or by imprisonment in the county jail not exceeding
one year, or by both fine and imprisonment in the discretion of the court:
Provided, that the provisions of this section shall not apply to owners or
lessees burning over their own lands, where the fire is not allowed to spread
over the land of others. (Ch. 12024, Acts:1927, par. 1.)

7064. Civil Liability.
Whoever violates the provisions of section 7404 by burning, or causing to
be burned any wild forest, lands, woods or marshes shall be liable for all
damages caused, which damages shall be recoverable in any court of competent
jurisdiction. The civil liability for damages shall obtain whether there be
criminal prosecution and conviction or not. (Ch. 12024, Acts 1927. par. 2.)

Chapter 12456, Laws of 1927. An Act to make it unlawful to set
fire to any wild forest, woods, land or marshes in Brevard,
Indian River and St. Lucie Counties Ip
Section 1. That whoever sets fire to or burns any wild forest, woods, lands
or marshes in Brevard, Indian River and St. Lucie Counties shall, upon con-
viction thereof, be punished by fine not exceeding one thousand dollars or
by imprisonment in the county jail not exceeding one year, or by both fine
and imprisonment in the discretion of the Court. Provided, That the pro-
visions of this Act shall not apply to owners burning over their own lands
where the fire is not allowed to spread over the land of others.
Section 2. That whoever violates the provisions of this Act by burning,
or causing to be burned, any wild forest, lands, woods or marshes shall be
liable for all damages caused, which damages shall be recoverable in any
Court of competent jurisdiction. That the civil liability for damages shall
obtain whether there be criminal prosecution and conviction or not. *







Forestry and Timber Laws 7


Chapter 13966, Special Acts of 1929. An Act Relating to Setting
Fire to or Burning wild forest, woods, land or marshes
in Columbia County, Florida *
Section 1. That the owner, or lessee, of any wild forest, woods, land or
marshes in Columbia County, Florida, may burn over such land, woods, wild
forest, or marshes owned or leased by them, or the land, woods, wild forest
or marshes of others who have given their consent that same may be burned
over where the fire is not allowed to spread over the lands of others. *

Chapter 16021, Laws of 1933. An Act Authorizing the County
Commissioners of each County Having a Population
of One Hundred and Fifty-five Thousand Maintain
fire control units (Duval County).
Section 1. The Board of County Commissioners of each County of the State
of Florida having a population of One Hundred and Fifty-five Thousand, or
more, according to the last preceding State or Federal census, is hereby au-
thorized and empowered to build and maintain Fire Towers in said counties
and to establish in said counties Fire Control Units for the purpose of pre-
venting and controlling forest fires.
Section 2. The Board of County Commissioners of each county of the State
of Florida having a population of One Hundred and Fifty-five Thousand, or
more, according to the last preceding State or Federal census, is hereby au-
thorized to expend the necessary funds for the purposes mentioned in Section
1 of this Act, not to exceed the sum of Four Thousand ($4,000.00) Dollars
per annum. *




REFEP.ENCES TO OTHER FIRE LAWS
7208 (5). See Forest Products Industries (Ch. 11812, Acts 1927,
Par. 1).
7210. (Arson) Of other property.
Chapter 14709, Laws of 1931. Muck Lands.
An Act relating to Diston Island Drainage District in Glades and Hendry
Counties, Florida, to provide for the control of fires within Diston Island
Drainage District.

Chapter 16016, Laws of 1933. Muck Lands.
An Act authorizing and directing the Everglades Drainage District to
designate Fire Zones .and to authorize the Governor of the State of Florida
to appoint Fire Wardeps to undertake Fire Protection and prevention work
within such fire zones, and authorizing the Board of Commissioners of State
Institutions to use State Convicts for the purpose of aiding in such fire work.







Bulletin 10, Florida Forest Service


FOREST PROTECTION LAWS

7223. Grand larceny.
Whoever commits larceny by stealing of the property of another, any
money, goods or chattels, or any bank notes, bonds, promissory notes, bill'( f
exchange or other bill, order or certificate, or any book of account for or con-
cerning money or goods due or to become due, or to be delivered, or any deed
of writing containing a conveyance of land, or any other valuable contract in
force, or any writ, process or public record, if the property stolen is of the
value of fifty dollars or more, shall be deemed guilty of grand larceny, and
upon conviction thereof shall be punished by imprisonment in the State
penitentiary not exceeding five years, or in the county jail not exceeding
twelve months, or by fine not exceeding one thousand dollars. Ch. 1637, Acts
1868, Sub-Ch. 4, par. 18, amended by Ch. 4395, Acts 1895, par. 1, and Ch.
8563, Acts 1921, par. 1).

7224. Petit larceny.
If the value of the property stolen as mentioned in the preceding section
is less than fifty dollars the offender shall be punished by imprisonment in the
county jail not exceeding six months, or by fine not exceeding three hundred
dollars. (Ch. 1637, Acts 1868, Sub-Ch. 4, par. 18, amended by Ch. 4395, Acts
1895, par. 2; Ch. 5410, Acts 1905, and Ch. 8563, Acts 1821, par. 2.)

7229. Selling rafted lumber adrift.
Whoever finding any timber or lumber adrift, outside of ports for which a
public custodian for lost timber and lumber is appointed, sells it without com-
plying with the law relative to lumber adrift, or disposes of it, in the place
or places where found, as his timber or lumber, or appropriates it to his own
use, shall be deemed guilty of larceny, grand or petit, as the case may be,
and shall be punished accordingly. (Feb. 10, 1834, par. 3.)


7230. Stealing logs or timber.
Whoever commits larceny by stealing any log or logs or timber, the prop-
erty of another, of less than one hundred dollars in value, shall be punished
by imprisonment in the State prison not exceeding two years, or by fine not
exceeding five hundred dollars. (Chap. 4175, Acts 1893, paragraph 1).

7384. Trespass on lands; severing and taking property from
freehold.
Whoever wilfully commits a trespass by cutting, scraping, injuring or de-
stroying timber or wood standing or growing on the land of another, or by
carrying away any kind of timber or wood, cut down or lying on such land,
or by digging or carrying away any stone, ore, gravel, clay, sand, turf or mould
from such land, or by carrying away anything which is parcel of the realty,
shall be punished as if he has stolen personal property of the same value.

Chapter 16185, Laws of 1933. An Act to prohibit trespass upon
State lands and to provide penalties therefore.
Section 1. Trespass upon State lands is hereby prohibited, and any person
found guilty of such trespass shall be deemed guilty of, and punished as
for, a misdemeanor. Provided, however, this Act shall not apply to any lands,








Forestry and Timber Laws 9

title to which is now vested or which may hereafter vest in the State by
reason of any tax sale certificate.
Section 2. The word "trespass". when used in this Act shall be deemed
to be used in its broadest and most liberal sense, and shall include the cul-
tivation, living upon, or any other use of such lands, or the use or removal
of anything growing thereon, or the use or removal of the soil of said land
or anything except wild game in, on or under such soil, without written lease
from the State.
The term "State lands" when used in this Act shall include all State owned
lands, including lands vested in the State Board of Education or the Trustees
of the Internal Improvement Fund.
Section 3. It shall be the duty of the Sheriff and Deputy Sheriffs in each
of the several counties of this State to see that the State lands are not tres-
passed upon and to arrest all persons found trespassing upon State lands and
report the same to the proper prosecuting officer and to the Governor of the
State of Florida.
It shall be the duty of all prosecuting officers of the State or any county
to prosecute all offenders against the provisions of this Act.
Section 4. If any phrase, clause, provision or section of this Act shall be
held unconstitutional, the remainder of the Act shall not be affected thereby.


7397. Cutting timber from lands sold for taxes.
If any person shall cut, or cause or procure to be cut, or aid, assist or be
employed in cutting, any cedar, juniper, cypress, oak, pine, palmetto or other
timber standing, growing or being on any lands that have heretofore been
sold or may hereafter be sold for taxes, before the lands are redeemed or a
tax deed issued for the same; or if any person shall remove, or cause or pro-
cure to be removed, or aid or assist, or be employed in removing, from any
of such lands any cedar, juniper, cypress, oak, pine, palmetto or other timber;
or if any person shall cut or box, or cause or procure to be cut or boxed, or
aid, assist or be employed in cutting or boxing any pine timber on said lands
for the purpose of extracting and gathering the turpentine therefrom, or shall
gather or remove, or cause to be gathered or removed, or aid, assist or be em-
ployed in gathering or removing, any turpentine extracted from the pine
timber so cut or boxed; or if any person shall in any way, by cutting, felling,
girdling or otherwise, destroy or injure any timber standing, growing or being
upon said lands, he shall for every such offense be punished by a fine of not
more than five hundred dollars: Provided, however, this section shall not apply
to the owner or owners of said lands at the time the lands were sold for taxes.
(Ch. 4416, Acts 1895, par. 1).

7398. Removing, or working for turpentine, timber on land
sold for taxes.
Hereafter no person shall cut and remove or remove or cause or procure
to be cut and removed, or removed, or aid, assist or be employed in cutting
and removing or removing, or in any manner working for turpentine pur-
poses any timber on any land in this State when there shall be any unre-
deemed and outstanding tax sale certificates against such land, timber and
turpentine privileges; and no person shall cut and remove, or remove or cause
or procure to be cut and removed or removed, or aid, assist or be employed
in cutting and removing or removing any timber from any lands in this State
when there shall be any unredeemed or outstanding tax sale certificates against
any such timber or timber privileges; and no person shall in any manner work
for turpentine purposes or cause or procure to be worked for turpentine pur-
poses or aid, assist or be employed in working for turpentine purposes any
pine timber or any lands in this State when there shall be any unredeemed
and outstanding tax sale certificates against such timber or turpentine
privileges: Provided, that this section shall not apply to the cutting of timber








Bulletin 10, Florida Forest Service


when the taxes on the timber shall have been paid or the turpentine privilege
when the taxes on the turpentine privileges shall have been paid. Any person
violating any of the provisions of this section shall upon conviction therefore
be punished by a fine of not more than one thousand dollars or be imprisoned
not exceeding one year, or by both fine and imprisonment at the discretion of
the court. (Ch. 5683, Acts 1907, par. 1, 2, consolidated.)

7399. Punishment for use of timber or turpentine by owner
after sale for non-payment of taxes.
If at any time after six months after, the sale of the timber or turpentine
rights for non-payment of taxes due thereon, the former owner thereof, or
his agents or servants, shall take or use any of such timber or turpentine they
shall each be guilty of a misdemeanor, and upon conviction shall pay a fine
of not less than fifty dollars or be imprisoned not more than six months.
(Ch. 5725, Acts 1907, par. 1.)



REFERENCES TO OTHER FOREST
PROTECTION LAWS

7233. Second conviction of larceny.
7386. Same; accessory and receiver.
7387. Trespass with intent to injure growing trees, etc.
7388. Trespass by injuring fruit trees, etc.
7389. Boxing timber on land of another.
7390. Penalty for cutting tree across fence.
7391. Other trespasses.
7396. Trespasser may be arrested on Sunday without warrant.
7401. Trespass in counties where fences dispensed with.



STATE FORESTS AND STATE LANDS

Chapter 16030, Laws of 1933. An Act Directing the Board
of Forestry to Investigate Lands Suitable for
Reforestation Projects, State Forests and State Parks,
and
to Submit Recommendation to the Trustees of the Internal Improvement
Fund, or Other State Agencies, Concerning their Acquisition; Providing for
Designation or Dedication and Administration; Defining purposes,
and Authorizing Board of Forestry to Adopt and Enforce Regulations for
Such Areas.
Section 1. The Florida Board of Forestry is hereby directed to conduct
investigations and make surveys to determine the areas of land in the State
which are available and suitable for reforestation projects, State Forests and
State Parks, and to submit recommendation to the Trustees of the Internal
Improvement Fund, any State Agency, or any agency created by State law
which is authorized to accept lands in the name of the State of Florida, con-
cerning their acquisition.








Forestry and Timber Laws


Section 2. If and when the Trustees of the Internal Improvement Fund,
any State Agency, or any agency created by State law, authorized to accept
reforestation lands in the name of the State of Florida, approve the recom-
mendations of the Florida Board of Forestry in reference to the acquisition
of land as provided in Section 1, and shall acquire such land, the said Trustee,
State agency, or agency created by State law, may formally designate and
dedicate any area as a reforestation project, State forest, or State park,
and where so designated and dedicated such area shall be under the administia-
tion of the Florida Board of Forestry and the Florida Board of Forestry shall
be and is hereby authorized to manage and administer said area according
to the purpose for which it was designated and dedicated.
Section 3. The Florida Board of Forestry is hereby authorized to co-operate
with other State agencies, who are custodians of lands which are suitable for
forestry or park purposes, in the designation and dedication of such lands
for forestry or park purposes when in the opinion of the State agencies con-
cerned such lands are suitable for these purposes and can be so administered.
Upon the designation and dedication of said lands for these purposes by the
agencies concerned, said lands shall be administered by the Florida Board of
Forestry as provided in this Act.
Section 4. All State forests, State parks, and reforestation projects men-
tioned in this Act shall be managed and administered by the Florida Board
of Forestry in the interests of the public. If the public interests are not,
already safeguarded and clearly defined by law or by regulations adopted
by the State agencies authorized by law to administer such lands, or in the
papers formally transferring said projects to the Florida Board of Forestry
for administration, then, and in that event, the Florida Board of Forestry
shall be, and is hereby, authorized to define the purpose, or purposes, of said
project. Such definition, or definitions, of purposes shall be construed to have
the authority of law.
Section 5. The Florida Board of Forestry is hereby authorized to adopt
and enforce such rules and regulations as may be necessary for the protec-
tion, utilization, development, occupancy, and use of said forests, parks, and
reforestation areas, consistent with existing laws and with the purpose, or
purposes, for which said areas were acquired, designated, and dedicated as
prescribed in this Act, and when such rules and regulations shall have been
adopted they shall have the force and effect of law. *

Chapter 16142, Laws of 1933. An Act Authorizing the Trustees
of the Internal Improvement Fund to Acquire Land *
Providing for the Administration and Improvement of
Lands for Their Disposition Disposition of
Funds *
Section 1. That the purposes of this Act are to provide for acquiring, on
behalf of the State, lands suitable for reforestation and for other purposes,
to make the same available therefore, and for the improvement thereof; to
provide a means by which labor may be employed thereon for beneficial ends
through cooperation with the United States, or other agencies, that ulti-
mately idle lands may again become valuable and be restored to the economic
and industrial life of this State; all for the public convenience, utility and
benefit.
For these purposes the Trustees of the Internal Improvement Fund of the
State of Florida shall have authority to acquire lands within this State by
donation, purchase or otherwise, and to hold, administer, improve and dis-
pose of the lands or the products thereof as hereinafter provided.
Section 2. For acquiring land by purchase, the said Trustees are au-
thorized to pay:
(a) Cash in an amount which may be agreed upon.
(b) By conveying to the grantor as payment in kind specified rights or
privileges pertaining to the land.








Bulletin 10, Florida Forest Service


No arrangement or agreement under (b) shall operate to prevent the
Trustees from selling the land or its products. In case such sale shall ex-
tinguish the rights or privileges contracted for, the Trustees shall pay in
cash therefore out of the proceeds of sale the cash value of any unused
amounts.
Section 3. In determining the amount to be paid for land to be used for.
reforestation, the said Trustees may arrange with the Florida Board of
Forestry for an appraisal of the suitability of the land and for classifying
the same for forest purposes.
Conveyance shall be to the State of Florida in the name of the Trustees
of the Internal Improvement Fund and shall vest in the State all of the
right, title and interest of the grantor in the land.
The said Trustees shall have authority to exchange lands for filling out or
blocking up areas into suitable size and shape for the purposes herein.
Lands acquired under this Act shall be subject only to the purposes of this
Act, except when the condition described under Section 13 shall have become
operative.
iSection 4. If the lands come to the State with unpaid taxes thereon, im-
posed by authority of law, such tax obligations shall be discharged as here-
inafter provided. If there be other.lien or mortgage thereon, the person
holding such other lien or mortgage shall sign a conveyance to the said
Trustees by which he divests himself of all right, title and interest in said
lien or mortgage, provided, however, that a contract may be executed by the
Trustees and the holder of such lien or mortgage in which arrangements may
be agreed to for paying off the same. The extinguishing of such lien or
mortgage may be carried out through conveyance to the grantor and/or to
the holder of such lien or mortgage such rights or privileges in connection
with the said land, or the products thereof, through a period of time as will
pay off the same, or through payments in money which shall originate in the
land or the products thereof. Payment to grantor or to the holder of a lien
or mortgage upon said land through granting rights and privileges relating
to the land, shall be under conditions to be prescribed by said Trustees for
grazing, for turpentine, for removal of timber, for mining operations, and
for such other stipulated rights or privileges as shall not interfere with the
principal purposes for which the lands are used.
Section 5. If taxes were delinquent upon the land at the date acquired
by the said Trustees, such taxes and costs or adjusted amounts of the
same to that date shall continue as a charge of prior dignity to any other
charge, and shall be paid out of the sale or lease of the land or the products
thereof. Payments shall be made to the taxing agency having an equity
therein in the proportion which each of such equities bears to the whole.
Section 6. Upon vesting of title in the Trustees of the Internal Im-
provement Fund, said Trustees shall have authority to administer said lands
in such manner as the said Trustees deem advisable to the best interest of the
purposes of this Act. The Trustees may, upon application from the Florida
Board of Forestry, set aside and designate certain area or areas for the pur-
pose of reforestation as State forest projects, and through arrangements
with said Board, reforestation of the lands shall be carried out in accordance
with the laws applying to said Florida Board of Forestry, or by said Board as
a State agency acting in behalf of said Trustees.
Section 7. The Trustees shall have authority to sell, lease, or otherwise
dispose of the lands or the products thereof to any person at a price and
upon terms and conditions to be determined by said Trustees, provided, how-
ever, that the total of moneys received shall be not less than the sums of all
moneys expended by said Trustees upon the said lands, and provided further
that if any unextinguished liens or obligations remain upon the said land, or
its products, at the time of such sale, such liens or obligations shall, with the
title, pass to and be binding upon the grantee.
Section 8. .Sale, if not accompanied by cash payment in full, shall be by
contract extending over such time and under such terms as the Trustees may
determine. In such case title to the lands shall remain in the Trustees
until the contract payments have been completed. In sale under contract, the









Forestry and Timber Laws


purchaser shall pay to the said Trustees, in addition to installments upon the
purchase price, an amount annually equal to those taxes imposed on such
land which the Trustees are required to pay. Deeds of conveyance shall be
executed in the name of the Trustees of the Internal Improvement Fund of
the State of Florida in the manner now provided by law, and shall pass to
the grantee the fee simple estate except for such liens as are referred to in
the preceding sections.
Out of the proceeds derived from the sale and/or lease of said lands and
the products thereof, the said Trustees shall pay any outstanding obligations
upon the said lands as follows:
FIRST: To the State, to the County, and to special assessment districts,
if any there be, in which the lands are situate, amounts equal to the unpaid
taxes and costs, or as the same may have been adjusted, upon the lands to the
date on which title vested in said Trustees.
SECOND: To the person, firm, corporation or governmental agency loaning
money to said Trustees upon the said lands, the amount required to amortize
the loan.
Section 9. The Trustees of the Internal Improvement Fund shall have au-
thority to enter into contracts with individuals, with any County of this
State, with any State Agency, with any Agency created by State law, or with
the United States for carrying out the purposes of this Act. Said Trustees
shall have authority to borrow money for acquiring said land and for im-
proving the same by hypothecating such lands on which the money is to be
expended. The security behind any loan of money to said Trustees shall i~e
limited to the land hypothecated and no liability shall run against the said
Trustees further than that represented by the pledging of the lands on which
the money is borrowed. The money so borrowed shall be expended solely
upon the land hypothecated. The borrowing of money by said Trustees for
the purposes herein shall be on the basis of a project capable of self-liquidation
within the time for which such money shall be borrowed. The Trustees shall
have no authority under this Act to incur any debt upon the Internal Im-
provement Fund of this State or upon the State, but only to place an ob-
ligation upon the land and/or the products thereof acquired under this Act.
.Section 10. After the obligations referred to as "First" and "Second"
in Section 8 and other obligations running with the land have been paid,
any net proceeds out of the remaining moneys derived from said lands or the
products thereof shall be applied by the Trustees as follows:
25% to the State Board of Education to become a part of the permanent
school fund of this State.
20% to the county or counties in which the lands are situate.
The balance to the said Trustees for acquiring, administering and liquidating
lands under this Act.
Section 11. Any moneys paid to the county and special assessment dis-
trict by said Trustees on account of such lands shall be applied by the County
Commissioners and the governing board of any special assessment district,
as the case may be.
FIRST: To paying any charges or costs or obligations which may have
rested upon the lands at the time title vested in the State for the payment
of principal and interest upon the bonds supported by county or special
assessment district taxes, or a part of taxes imposed for such purpose, and
SECOND: To any purpose.
Section 12. Lands acquired by the Trustees of the Internal Improvement
Fund under the provisions of this Act not applied to the purpose of re-
forestation may be applied to other suitable purpose as said Trustees may
determine. Any lands so acquired deemed by the Trustees suitable therefore,
mav be available for homestead under such conditions as the said Trustees
may determine compatible as nearly as may be with state laws in reference
to homestead of state lands. Provided, however, that there shall be reim-
bursement to said Trustees for expenditures on account of such lands to an
extent not less than will pay the costs incurred on any such land for home-
stead or otherwise.








14 Bulletin 10, Florida Forest Service

Section 13. This Act shall be supplementary to other laws relating to the
Trustees of the Internal Improvement Fund in whom are vested state lands.
When land, the ownership of which has been acquired under this Act, shall
have had all obligations described in or growing out of this Act discharged,
the land thereafter shall become a part of the Internal Improvement Fund
of this State to be held and administered as provided by law with reference
to such fund, and the purposes of this Act shall be deemed to be consistent
therewith. *



REFERENCES TO OTHER LAWS

CONCERNING STATE FORESTS

AND STATE LANDS
1401. Trustees to fix price of lands.
The Trustees of the Internal Improvement Fund shall fix the price of the
public lands included in the trust, having due regard to their location, value
for agricultural purposes or on account of timber or naval stores.

1701-1706. Royal Palm State Park.
1749-1756. State Park System.
7392. Trespass on State Lands.
7393. Sheriff combining with trespassers on State lands.
7430. Removing natural products prohibited.

Chapter 13670, Laws of 1929. Sale or lease of materials. Trus-
.tees of Internal Improvement Fund to sell timber, etc.

Chapter 13887, Laws of 1929. Acquisition of land for National
Park purposes.
To provide for the acquisition of Park Lands and property for National
Park purposes in the counties of Dade, Monroe and Collier. 1756 (1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14) 0. G. L., 1927, Annotated.

Chapter 14743, Laws of 1931. Authorizing conveyance of Lands
to Everglades Park Commission.
An Act authorizing the Trustees of the Internal Improvement Fund to
Convey to the State Commission Authorized by Chapter 13887, Acts of 1929,
the Name of Such Commission to be Everglades National Park Commission,
lands in Dade, Monroe and Collier Counties Belonging to the Internal Im-
provement Fund not in Excess of 325,000 Acres to be used as a part of the
Land to be Embraced in the Everglades National Park Pursuant to an Act
of Congress to 'be Passed on that subject. 1756 (15) par. 1 and 2, C. G. L.,
Annotated.

Chapter 15638, Laws of 1931. Disposition of Proceeds from
State Lands.







Forestry and Timber Laws 15

Chapter 15639, Laws of 1931. Providing When and Under What
Circumstances and Conditions State Lands or Property
May be Subject to Taxes or Assessments.
Chapter 15640, Laws of 1931. Providing for Notice to the State
or State Agency of Taxes or Special Assessments Against
Property of the State, etc.
Chapter 15641, Laws of 1931. To Preserve the Equity or Interest
of the State of Florida, or any State Agency, in the Sale
of State Lands or Other State Property, etc.
Chapter 15642, Laws of 1931. Authorizing and Charging the
Trustees of the Internal Improvement Fund with the
Supervision of State Lands Not Vested in Some Other
State Agency, etc.



REFERENCES TO LAWS RELATING

TO SCHOOLS
754-766. State Board of Education to administer State School
Lands.
Chapter 9142, Laws of 1923. An Act to Provide a Course in the
Public Schools of this State Relative to the Protection of
Birds and Animals.



LIMITED DIVIDEND FORESTRY

CORPORATIONS

Chapter 16029, Laws of 1933. An Act Relating to Corporations,
for the Protection and Development of Forests and other
Renewable Natural Resources.

Emergency Preamble.
Whereas, the public welfare demands that projects for the protection and
development of the forests of the State and other renewable natural re-
sources be immediately undertaken or continued, and

Whereas,
During the present economic depression it is impossible to obtain sufficient
funds from private sources for these purposes, which is resulting in an in-
ability on the part of citizens of the State to obtain employment and a loss
of tax revenue to the State, and








16 Bulletin 10, Florida Forest Service


Whereas,
The Federal Reconstruction Finance Corporation is authorized to make loans
to private limited dividend corporations to aid in financing projects for th6
above stated purposes, which are regulated by the State or a political sub-
division thereof and are self-liquidating in character, and

Whereas,
In the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Florida, and require the following legis-
lation as immediately necessary for the preservation of the public peace,
health and safety,

Now Therefore,
Be It Enacted by the Legislature of the State of Florida:

Article I.
Application of Act.
Section 1.-The provisions of this Act shall apply to corporations incor-
porated hereunder and to no other corporations.

Article II.

Reserved Power of the Legislature.
Section 1.-Nothing in this Act expressed, or implied from any of its pro-
visions, shall affect, alter, impair or modify the general police and taxation
power of the Legislature.

Article III.

Incorporation and Amendments of Charter.
Section 1.--Three or more persons may become a private limited dividend
corporation for the purpose of financing and carrying out a project or projects
for the protection and development of forests, or for the purpose of carrying
out a project or projects for the development of renewable natural resources,
and for such other related purposes as the State Forester shall approve, by
making, subscribing, acknowledging and filing in the office of the Secretary
of State a certificate in accordance with Chapter 10096 of the Corporation
Law of the State of Florida, 1925, and the Acts Amendatory thereto, which
corporation shall be subject to all the duties, restrictions and liabilities, and
possess all the powers and privileges of corporations organized under said
Corporation Law of the State of Florida, 1925, except where such provisions
are in conflict with this Act.
Section 2.-A corporation formed under this Act shall be organized and in-
corporated in the manner provided for organization of corporations by Sec-
tions 3 to 6, inclusive, of Article III of Chapter 10096 of the Corporation
Law of the State of Florida, 1925, and the Acts Amendatory thereto, except
where such provisions are in conflict with this Act. The certificate of or-
ganization of any such corporation formed under this Act shall contain a state-
ment that it is organized under the provisions of this Act, and that it consents
to be and shall be at all times subject to the rules, regulations, supervision
and control of the State Forester, or such other agency, commissioner or
public official as the Legislature shall from time to time designate, and shall
set forth as or among its purposes the protection and development of forests,
or the development of renewable natural resources, and the purchase, ac-







Forestry and Timber Laws


quisition, sale, conveyance and other dealings in the same and the products
therefrom, subject to the rules, regulations and orders from time to time im-
posed by the State Forester.
Section 3.-There shall be not less than three directors, one of whom shall
always be a person designated by the State Forester, which one need not be
a stockholder.
Section 4.-Corporations formed under this Act shall be regulated by the
State Forester in the manner provided for in this Act. Traveling and other
expenses incurred by him in the discharge of the duties imposed upon him by
this Act shall be charged to, and paid by, the particular corporation or cor-
porations on account of which such expenses are incurred. His general ex-
penses incurred in the discharge of such duties, which cannot be fairly
charged to any particular corporation or corporations, shall be charged to and
paid by all the corporations then organized and existing under this Act, pro
rata, according to their respective stock capitalizations.
The State Forester shall:
(a) From time to time make, amend and repeal rules and regulations for
carrying into effect the provisions of this Act with respect to the project br
projects which are subject to their supervision and control.
(b) Order all corporations organized under this Act, and subject to their
respective supervision and control, to do such acts as may be necessary to
comply with the provisions of law and the rules and regulations adopted by
the State Forester respectively, or to refrain from doing any acts in violation
thereof.
(c) Keep informed as to the general condition of all such corporations,
their capitalizations, and the manner in which their property is permitted,
operated or managed with respect to their compliance with all provisions of
law and the orders of the State Forester having jurisdiction thereof.
(d) Require every corporation subject to the control of the State Forester
to file annual reports with the respective officer to which such corporation is
subject, and if such State official shall consider it advisable, other periodic
and special reports setting forth such information as to its affairs as such
respective State official may require.
Section 5.-The State Forester may:
(a) Examine at any lime all books, contracts, records, documents and
papers of any such corporation subject to his control.
(b) In his discretion, prescribe uniform methods and forms of keeping
accounts, records and books, to be observed by such corporation, and pre-
scribe by order accounts in which particular outlays and receipts are to be
charged and credited.
(c) Enforce the provisions of this Act and his respective orders, rules
and regulations thereunder, affecting the corporation, subject to his control,
by filing a petition for a writ of mandamus or for an injunction in the Circuit
Court, which shall have jurisdiction in the County in which the respondent
corporation has its principal place of business.
Section 6.-If any corporation organized under this Act is dissatisfied
with or aggrieved at any regulations, rule or order imposed upon it by the
State Forester, or any valuation or appraisal of any of its property made by
any such official, or any failure of or refusal by such official to approve of or
consent to any action which it can take only with such approval or consent,
it may appeal to the Governor by filing with him a claim of appeal upon
which the determination of the Governor shall be final. Such determination,
if other than a dismissal of the appeal, shall be set forth by the Governo?
in a written mandate to the State Forester who shall abide thereby and
take such action as the same may direct.
Section 7.-iThe Secretary of State shall not file any certificate of or-
ganization of any corporation organized under this Act, as provided in Sec-
tion 4 of Chapter 10096 of the Corporation Law of Florida, 1925, unless he
finds that the same conforms with the provisions of this Act as well as to the
general provisions of Chapter 10096 of the Corporation Law of Florida,
1925, which are not in conflict with this Act, and unless there is endorsed







Bulletin 10, Florida Forest Service


upon the same a certificate of the State Forester approving the project for
which such corporation is formed.
Section 8.-iThe shares of stock of corporations organized under this Act
shall have a par value and, except as provided in Section 10 in respect to
distributions in kind upon dissolution, no dividend shall be paid thereon at a
rate in excess of six per centum per annum on stock having a preference as
to dividends, or eight per centum per annum on stock not having a preference
as to dividends, except that any such dividends may be cumulative without
interest.
Section 9.-No such corporation shall issue stock, bonds or other securities
except for money, timber-lands, or other lands or interests therein, located in
the State of Florida, or other property, actually received, or services rendered,
for its lawful purposes. Timiber-lands or other lands or interests therein, and
other property or services so accepted therefore shall be upon a valuation ap-
proved by the State Forester.
Section 10.-Stockholders shall at no time receive or accept from any such
corporation in repayment of their investment in its stock any sums in excess
of the par value of the stock together with cumulative dividends at the rate
set forth in Section 8 of this Act, except that nothing in this Section con-
tained shall be construed to prohibit the distribution of the assets of such
corporation in kind to its stockholders upon dissolution thereof.
Section 11.-Any earnings of such corporation in excess of the amounts
necessary to pay dividends to stockholders at the rate set forth in Section 8
of this Act shall be paid over to the State of Florida, prior to the dissolution
of such corporation. Net income or net losses (determined in such manner
as the State Forester shall consider properly to show such income or losses)
from the sale of the capital assets of such corporation, whether such sale be
upon dissolution or otherwise, shall be considered in determining the earnings
of such corporation for the purposes of this Section. In determining such
earnings, unrealized appreciation or depreciation of real estate or other fixed
assets shall not be considered.
Section 12.-Any such corporation may be dissolved at any time in the man-
ner provided by and under the provisions of Sections 44 to 53, both inclusive,
of Chapter 10096 of the Corporation Law of the State of Florida, 1925, and
Acts Amendatory thereto, except that the court shall dismiss any bill in equity
for dissolution of any such corporation filed within twenty years of the date
of its organization unless the same is accompanied by a certificate of the
State Forester consenting to such dissolution.
Section 13.-Any such corporation may cut and sell the timber on its
lands or permit the cutting thereof, or sell the fruits, nuts, seeds, sap or
products of the trees on its lands, but all such cuttings and all such sales
shall be in accordance with the regulations, restrictions and limitations im-
posed by the State Forester who shall impose such regulations, restrictions
and limitations with respect thereto as may reasonably conform to the ac-
cepted custom and usage of good forestry and forest economy, or good
husbandry, or taking into consideration the situation, nature and condition
of the tract so cut or to be cut, or to be harvested, and the financial needs
of such corporation from time to time.
Section 14.-No such corporation shall:
(a) Sell, assign or convey any real property owned by it or any right,
title or interest therein, except upon notice to the State Forester, of the
terms of such sale, transfer or assignment, and unless the State Forester
shall consent thereto, and if the State Forester shall require it, unless the
purchaser thereof shall agree that such real estate shall remain subject to
ihe regulations and supervision of the State Forester for such period as the
latter may require.
(b) Pay interest returns on its mortgage indebtedness at a higher rate
than six per centum per annum without the consent of the State Forester.
(c) Mortgage any real property without first having obtained the consent
of the State Forester.
Section 15.-Any such corporation formed under this Act may, subject to
the approval of the State Forester, borrow funds and secure the repayment







Forestry and Timber Laws 19


thereof by note or notes and mortgage or by the issue of bonds under a trust
indenture. The notes or bonds so issued and secured and the mortgage or
trust indenture relating thereto may contain such clauses and provisions as
shall be approved by the State Forester, including the right to enter into
possession in case of default; but the operations of the mortgagee or receiver
entering in such event or of the purchaser of the property upon foreclosure
shall be subject to the regulations of the State Forester for such period as
the mortgage or trust indenture may specify.
Section 16.-No project for the protection and development of forests, or
the development of renewable natural resources, proposed by any such cor-
poration, shall be undertaken without the approval of the State Forester,
and such approval shall not be given unless:
(1) The State Forester shall have received a statement duly executed and
acknowledged on behalf of the corporation proposing such project, in such
adequate detail as the State Forester shall require of the activities to be in-
cluded in the project, such statement to set forth the proposals as to (a) fire
prevention and protection, (b) protection against insects and tree diseases,
(c) protection against damage by livestock and game, (d) means, methods
and rate of, and restrictions upon cutting, and other utilization of the forests,
or means, methods and rate of utilization of the products of such resources,
and (e) planting and spacing of trees.
(2) There shall be submitted to the State Forester a financial plan satis-
factory to him, setting forth in detail the amount of money needed to carry
out the entire project, and how such sums are to be allocated, with adequate
assurances to the State Forester as to where such funds are to be secured.
(3) The State Forester shall be satisfied that the project gives reasonable
assurance of the operation of the forests or the renewable natural resources
involved on a sustained yield basis, except in so far as the State Forester
shall consider the same impracticable.
(4) The corporation proposing such project shall agree that the project
shall at all times be subject to the supervision and inspection of the State
Forester, and that it will at all times comply with such rules, regulations
and orders concerning the project as the State Forester shall from time to
time impose.
Section 17.-The gross annual income of any such corporation, whether re-
ceived from sales of timber, timber operations, stumpage permits, or from
the sale of the products of renewable natural resources, or other sources,
shall be applied as follows: first, to the payment of all fixed charges, and all
operating and maintenance charges and expenses including taxes, assessments,
insurance, amortization charges in amounts approved by the State Forester,
to amortize mortgage or other indebtedness and reserves essential to opera-
tions; second, to surplus and/or to the payment of dividends not exceeding
the maximum fixed by this Act; third, the balance, if any, in reduction of
debts.
Section 18.-Reorganization of corporations organized under this Act shall
be subject to the supervision of the State Forester, and no such reorganiza-
tion shall be had without the authorization of the State Forester.
iSection 19.-If any term or provision of this Act shall be declared un-
constitutional or ineffective in whole or in part, by a court of competent
jurisdiction, then to the extent that it is not unconstitutional or ineffective,
such term or provision shall be in force and effect; nor shall such determina-
tion be deemed to invalidate the remaining terms or provisions of this Act.


Article IV.

Definitions.
Section 20.-iThe words "forests and other renewable natural resources"
shall include the planting and development of trees which may be used in
lumbering, or the fruits, nuts, seeds, sap or products of which trees may be
used in commerce. *






20 Bulletin 10, Florida Forest Service



FLORIDA AGRICULTURAL AND

INDUSTRIAL RELIEF

COMMISSION

Chapter 15861, Laws of 1933. Creation and Functions of Florida
Agricultural and Industrial Relief Commission.
An Act to Create the Florida Agricultural and Industrial Relief Commis-
sion as a State Agency to Aid Agriculture, Forestation and Reforestation,
Subsistence Homesteads, Industry and Commerce; to Relieve Unemployment;
to Aid and Assist Counties, Municipalities, Political Subdivisions, Boards and
Commissions in this State and Private Corporations, Associations and Persons,
in Securing from the Federal Government or the Reconstruction Finance
Corporation or from or through other Federal Agencies, Loans or Grants
of Money Appropriated by the Congress or that may be Appropriated, Avail-
able for such Loan or Grant and for Objects or Purposes Designated or Ap-
proved by Congress; and to Promote the Public Welfare; to Define and Fix
the Powers of said Commission; Providing for the Appointment of its
Members and Fix their Term of Office; Require the Commission to make
Annual Reports to the Governor and Pay to the State Treasurer the Net
Profits from Operations; to Appropriate for Loan to the Commission and
Provide for its Repayment. (See Sections 1 to 15 of this chapter for details.)



FOREST PRODUCTS INDUSTRIES

Naval Stores
7038. Compensation of supervising inspector.
The supervising inspector of naval stores shall receive as compensation for
his services one-half cent for each barrel of rosin or spirits of turpentine
which may be inspected under the laws of this State, said fee shall be paid
equally by the buyer and seller of such naval stores. In case of naval stores
shipped in packages or receptacles other than barrels, his compensation shall
be reckoned upon a basis of barrels or fractions thereof in the same manner
as is provided for the payment of fees of inspectors under like conditions.
The supervising inspector of naval stores shall have the right to recover from
any person or corporations liable therefore the fees allowed him under this
Chapter in an action of assumpsit, or any other appropriate proceedings in
any of the courts of this State having jurisdiction thereof.

7042. Fees for inspecting rosin.
An inspector of naval stores shall receive for his services in inspecting
rosin, including weighing, inspection and cooperage, six cents per barrel, and
for inspecting turpentine, including gauging, inspection, bunging and cooper-
age, nine cents per barrel, and no more, to be paid by the owner or party
for whom the inspection is made. When any such rosin of turpentine shall be
in any receptacle or package other than a barrel, the inspector for inspecting
the same shall receive for his services, per barrel or fraction thereof, the
contents of such receptacle or package, the same fee or amount of compen-
sation hereinbefore allowed for inspecting each barrel. An inspector shall
not be obliged to inspect any article, or quantity until the fee thereof shall
have first been paid.







Forestry and Timber Laws 21


Log Brand
3802. Stamp or brand for logs.
Any person engaged in this State in the business of getting out, buying,
selling or manufacturing saw logs, may adopt a stamp brand for such logs
of such design as he may select. (Ch. 4738, Acts 1899, par. 1).

3803. Recorded by clerk of circuit court.
Such person may execute a written declaration that he has adopted such
brand, describing it, and after acknowledgment of such declaration before
any officer authorized to take acknowledgment of deeds, may have the same
recorded by the clerk of the circuit court, in the record of mortgages, in any
county in which he may desire to own or have in possession saw logs. (Id.
par. 2).

3804. May prevent use by others.
Any person who has had his brand recorded as aforesaid in any county,
may prevent other persons from using, as aforesaid, the same in said county,
by a writ of injunction, restraining such use. (Id. par. 4).

3805. Prima facie evidence of ownership.
Any log found in any county branded with a brand recorded in said county
by any person aforesaid shall be deemed prima facie to be the property of such
person. (Id. par. 5).

3806. Where two or more brands the same.
In case there shall be recorded in the same county two or more brands the
same, or substantially the same brand, the brand first recorded shall be the
lawful brand, and the other shall be of no effect under this Chapter. (Id.
par. 6).

7862. Defacing the mark or brand of lumber and timber.
If any person shall fraudulently alter, change or deface the duly recorded
mark, brand, or stamp of any lumber, logs, or timber, or shall fraudulently
mark, brand or stamp any unmarked or unstamped or unbranded lumber, logs
or timber, with intent to claim the same or to prevent identification by the
owner or owners thereof, the person or persons so offending shall be pun-
ished as if he or they had committed larceny of the same property. (Ch.
4191, Acts 1893, par. 1).

7863. Unlawful use of recorded log brand or stamp.
Any person who shall unlawfully use any recorded log brand or stamp of
another shall be punished, upon conviction thereof, by fine not exceeding five
hundred dollars, or imprisonment not exceeding ninety days. (Ch. 4738,
Acts 1899, par. 3, revised).

7864. Inspecting or buying or selling timber by illegal
standard.
Whoever buys or sells any logs or square timber by any other measure
or scale than Doyle's rule and log book, or if any timber inspector wilfully
makes return of any inspection scale or measurement of timber except ac-







22 Bulletin 10, Florida Forest Service

cording to said book, shall be punished by fine not exceeding two hundred
dollars for each offense, or by imprisonment not exceeding six months. When
it is mutually agreed between the buyer and seller, another than Doyle's rule
book may be adopted and a survey can be made by a party other than a
commissioned inspector. (Ch. 3898, Acts 1889, paragraphs 4, 5).

7865. Penalty for false representation, etc.
Any commissioned timber inspector or other person furnishing specifications
or certificate of inspection of sawn pine timber in this State, who shall
falsely represent, or fail to show on such specification or certificate, the class-
ification of such timber by law, shall be punished by a fine not exceeding one
hundred dollars, or by imprisonment not exceeding thirty days. (Ch. 4415,
Acts 1895, par. 6).

5363. Liens.
Liens prior in dignity to all others accruing thereafter shall exist in favor
of the following persons, upon the following described personal property,
under the circumstances hereinafter mentioned, to-wit. (Rev. Stat. 1892,
as modified by Ch. 5143, Acts 1903, par. 1).

5365. For labor on logs and timber.
In favor of any person by himself or others cutting, rafting, running,
driving or performing other labor upon logs or timber of any kind; on such
logs and timber, and on any article manufactured therefrom. (Ch. 3747,
Acts 1887, par. 7).



REFERENCES TO OTHER LAWS

PERTAINING TO FOREST

PRODUCTS INDUSTRIES

1141. Distillers and manufacturers of spirits of turpentine
and rosin.
3790-3801. Inspectors of Timber and Lumber.
3802-3806. Protection of Log Brand.
5803-5816. Lumber Adrift (Generally).
6466-6467. Cooperative Marketing Associations, amended by
Chapter 14675, Laws of 1931.
6638-6639. Carriage of Passengers and Freight.
7030-7043. Inspection and Classification of Naval Stores.
7208 (5). Burning crops and materials.
7353. Picking up lumber adrift.
7417. Floating logs against bridges.






Forestry and Timber Laws


23


7440. Operators of turpentine stills to return capacity of stills;
penalty.
7529. Resisting timber agent.
7857. Violation of certain commercial restrictions.
8096-8106. Naval Stores, inspection and examination.

Joint Memorial No. 3-XX, Laws of 1931. Memorial requesting
Federal Farm Board to assist turpentine industry.

Chapter 16297, Laws of 1933. An Act relating to and classify-
ing "Crude Turpentine Gum" (Oleoresin), and "Gum-
Spirits-of-Turpentine" and "Gum-Rosin" as processed
therefrom, as "Agricultural Commodities," "Agricul-
tural Products" and "Farm Products."




FOREST AND SHADE TREE LAWS

Chapter 12453, Laws of 1927, Paragraph 1, as amended by Chap-
ter 15061, Laws of 1931, Paragraph 1. An Act to Provide
for the Conservation and Protection of Certain Wild
Trees, Shrubs, and Plants in the State of Florida *
Section 1. That any person, firm or corporation who shall, within the State
of Florida, knowingly buy, sell, offer or expose for sale any of the following
hollies, trees or plants:
Dahoon (Ilex Cassine and Ilex Myrtifolia), Yaupon or Cassena (Ilex
Vomitoria) and American Holly (Ilex Opaca); Dogwood (Cornus Florida
and Cornus Alternifolia); Jasmine (Gelsemium sempervirens); and the
'Sweet Bay (Magnolia Augustifolia); Redbud or Judas Tree (Cercis
Canadensis); Mountain Laurel (Kalmia Latifolia); Southern Wild
Smilax (of which there are six different species); the sixteen species
of Epiphyte Bromeliads and the twenty species of Epiphyte Orchids;
the Royal Palm (Oreodoxa Regia); or any part thereof dug, pulled up
or gathered from any public or private land, unless in the case of the
private land the owner or person lawfully occupying such land gives
his consent in writing thereto, shall be deemed guilty of misdemeanor,
and shall be punished by a fine of not less than $10.00 nor more than
$100.00 and cost.
Section 2. All prosecutions under this shall be commenced within six
months from the time such offense was committed and not afterwards. *

Chapter 16294, Laws of 1933. Protection of Torreya Trees in
Gadsden County.
An Act Relating to Torreya Trees in All Counties Having a Popula-
tion of Not More Than 30,000 and Not Less Than 29,800 *
Section 1. That any person, firm or corporation who shall within any
county of the State of Florida having a population of not more than 30,000
and not less than 29,800 inhabitants according to the last Federal Census
knowingly buy, sell, offer or expose for sale any gopherwood tree or stinking






24 Bulletin 10, Florida Forest Service

cedar (Torreya Tree) or any part thereof dug, pulled up or gathered from
any public or private land, unless in the case of private land the owner or
person lawfully owning or occupying such land gives his consent in writing
thereto, shall be deemed guilty of a misdemeanor and shall be punished by a
fine of not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00)
Dollars, and costs. *

Chapter 16295, Laws of 1933. Protection of Torreya Trees in
Liberty County.
An Act Relating to Torreya Trees in All Counties Having a Population
of Not More Than 4080 and Not Loss than 4040 *
Section 1. That any person, firm or corporation who shall within any county
of the State of Florida having a population of not more than 4080 and not
less than 4040 inhabitants according to the last Federal Census Knowingly
buy, sell, offer or expose for sale any gopherwood tree or stinking cedar
(Torreya Tree) or any part thereof dug, pulled up or gathered from any public
or private land, unless in the case of private land the owner or person law-
fully owning or occupying such land gives his consent in writing thereto,
shall be deemed guilty of a misdemeanor and shall be punished by a fine of not
less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars,
and costs. *

Chapter 13801, Laws of 1929. An Act Prohibiting the Placing,
Posting or Erecting of Signs Upon Land or Upon Trees
Upon Land Adjacent to or Adjoining a Public Highway.

Section 1. All persons are prohibited from, placing, posting or erecting
signs upon land or upon trees upon land adjacent to or adjoining all public
highways of the State of Florida, without the written consent of the owner
of such land, or the written consent of the attorney or agent of such owner.
Section 2. Every person convicted of the violation of the foregoing Sec-
tion shall be punished as for a misdemeanor. *



REFERENCES TO OTHER FOREST

AND SHADE TREE LAWS

939. Millage in certain counties for beautification of public
highways and other county property.
2471-2476. County commissioners' power to shade and im-
prove public roads.
7420. Cutting section, township, range or corner trees.
7809. Penalty for cutting or destroying shade trees along pub-
lic roads.

Chapter 14651, Laws of 1931. Counties and Municipalities to
Beautify Waterways.
An Act declaring it to be a Legitimate County or Municipal Purpose for
any County or Incorporated City or Town in the State of Florida to improve
and beautify the Waterways within such County or Municipality in a certain
manner, etc.







Forestry and Timber Laws


Chapter 15604, Laws of 1931. State Road Department and
County Commissioners to Include Highway, Road, and
Street Beautification in Their Programs.
An Act to authorize and empower the State Road Department, the Board
of County Commissioners of the several Counties, and All Municipal Cor;
portions to include highway, road and street beautification in their pro-
grams of highway, road and street construction, repair, maintenance and/or
upkeep.



FEDERAL AND STATE CO-

OPERATION

CLARKE-McNARY LAW

Act of June 7, 1924 (43 Stat. 653), as amended.
An Act to provide for the protection of forest lands, for the reforestation of
denuded areas, for the extension of national forests, and for other purposes,
in order to promote the continuous production of timber on lands chiefly suit-
able therefore.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of Agriculture
is hereby authorized and directed, in cooperation with appropriate officials of
the various States or other suitable agencies, to recommend for each forest
region of the United States such systems of forest fire prevention and sup-
pression as will adequately protect the timbered and cut-over lands therein
with a view to the protection of forest and water resources and the continuous
production of timber on lands chiefly suitable therefore.
Sec. 2 (as amended by Act of March 3, 1925, 43 Stat. 1127, and Act of
April 13, 1926, 44 Stat. 242. That if the Secretary of Agriculture shall find
that the system and practice of forest fire prevention and suppression provided
by any State substantially promotes the objects described in the foregoing
section, he is hereby authorized and directed, under such conditions as he may
determine to be fair and equitable in each State, to cooperate with appropriate
officials of each State, and through them with private and other agencies
therein, in the protection of timbered and forest-producing lands from fire.
In no case other than for preliminary investigations shall the amount ex-
pended by the Federal Government in any State during any fiscal year, under
this section, exceed the amount expended by the State for the same purpose
during the same fiscal year, including the expenditures of forest owners or
operators which are required by State law or which are made in pursuance of
the forest protection system of the State under State supervision and the
Secretary of Agriculture is authorized to make expenditures on the cer-
tificate of the State forester, the State director of extension, or similar
State official having charge of the cooperative work for the State that
State and private expenditures as provided for in this Act have been made.
In the cooperation extended to the several States due consideration shall be
given to the protection of watersheds of navigable streams, but such cooper-
ation may, in the discretion of the Secretary of Agriculture, be extended to
any timbered or forest producing lands or watersheds from which water is
secured for domestic use or irrigation within the cooperating States.
Sec. 3. That the Secretary of Agriculture shall expend such portions of
the appropriations authorized herein as he deems advisable to study the effects
of tax laws, methods, and practices upon forest perpetuation, to cooperate
with appropriate officials of the various States or other suitable agencies
in such investigations and in devising tax laws designed to encourage the
conservation and growing of timber, and to investigate and promote practical







26 Bulletin 10, Florida Forest Service

methods of insuring standing timber on growing forests from losses by fire
and other causes. There is hereby authorized to be appropriated annually,
out of any money in the Treasury not otherwise appropriated, not more than
$2,500,000, to enable the Secretary of Agriculture to carry out the provisions
of sections 1, 2, and 3 of this Act.
Sec. 4. That the Secretary of Agriculture is hereby authorized and directed
to cooperate with the various States in the procurement, production, and dis-
tribution of forest-tree seeds and plants, for the purpose of establishing wind-
breaks, shelter belts, and farm wood lots upon denuded or non-forested lands
within such cooperating States, under such conditions and requirements as
he may prescribe to the end that forest-tree seeds or plants so procured,
produced, or distributed shall be used effectively for planting denuded or
non-forested lands in the cooperating States and growing timber thereon:
Provided, That the amount expended by the Federal Government in co-
operation with any State during any fiscal year for such purposes shall not
exceed the amount expended by the State for the same purposes during the
same fiscal year. There is hereby authorized to be appropriated annually,
out of any money in the Treasury not otherwise appropriated, not more than
$100,000, to enable the Secretary of Agriculture to carry out the provisions of
this section.
Sec. 5. That the Secretary of Agriculture is hereby authorized and di-
rected, in cooperation with appropriate officials of the various States or, in
his discretion, with other suitable agencies, to assist the owners of farms in
establishing, improving, and renewing woodlots, shelter belts, windbreaks,
and other valuable forest growth, and in growing and renewing useful timber
crops: Provided, That, except for preliminary investigations, the amount
expended by the Federal Government under this section in cooperation with
any State or other cooperating agency during any fiscal year shall liot exceed
the amount expended by the State or other cooperating agency for the same
purpose during the same fiscal year. There is hereby authorized to be ap-
propriated annually out of any money in the Treasury not otherwise appro-
priated, not more than $100,000 to enable the Secretary of Agriculture to
carry out the provisions of this section.
See. 6. That section 6 of the Act of March 1, 1911 (Thirty-sixth Statutes
at Large, page 961)', is hereby amended to authorize and direct the Secretary
of Agriculture to examine, locate and recommend for purchase such forested,
cut-over or denuded lands within the watersheds of navigable streams as in
his judgment may be necessary to the regulation of the flow of navigable
streams or for the production of timber and to report to the National Forest
Reservation Commission the results of such examination; but before any
lands are purchased by the commission said lands shall be examined by the
Secretary of Agriculture, in cooperation with the Director of the Geological
Survey, and a report made by them to the commission showing that the con-
trol of such lands by the Federal Government will promote or protect th6
navigation of streams or by the Secretary of Agriculture showing that such
control will promote the production of timber thereon.
Sec. 7. That to enable owners of lands chiefly valuable for the growing of
timber crops to donate or devise such lands to the United States in order to
assure future timber supplies for the agricultural and other industries of the
State or for other national forest purposes, the Secretary of Agriculture is
hereby authorized, in his discretion, to accept on behalf of the United States
title to any such land so donated or devised, subject to such reservations by
the donor of the present stand of merchantable timber or of mineral or
other rights for a period not exceeding twenty years as the Secretary of
Agriculture may find to be reasonable and not detrimental to the purposes of

this section, and to pay out of any moneys appropriated for the general ex-
penses of the Forest Service the cost of recording deeds or other expenses
incident to the examination and acceptance of title. Any lands to which
title is so accepted shall be in units of such size or so located as to be capable
of economical administration as national forests either separately or jointly
with other lands acquired under this section, or jointly with an .existing-
national forest. All lands to which title is accepted under this section







Forestry and Timber Laws


shall, upon acceptance of title, become national forest lands, subject to
all laws applicable to lands acquired under the Act of March 1, 1911
(Thirty-sixth Statutes at Large, page 961), and amendments thereto. In
the sale of timber from national forest lands acquired under this section
preference shall be given to applicants who will furnish the products desired
therefrom to meet the necessities of citizens of the United States engaged
in agriculture in the States in which such national forest is situated: Pro-
vided, That all property, rights, easements, and benefits authorized by this
section to be retained by or reserved to owners of lands donated or devised
to the United States shall be subject to the tax laws of the States where
such lands are located.
Sec. 8. That the Secretary of Agriculture is hereby authorized to ascertain
and determine the location of public lands chiefly valuable for stream-fl6w
protection or for timber production, which can be economically administered
as parts of national forests, and to report his findings to the National
Forest Reservation Commission established under the Act of March 1, 1911
(Thirty-sixth Statutes at Large, page 961), and if the commission shall de-
termine that the administration of said lands by the Federal Government
will protect the flow of streams used for navigation or for irrigation, or will
promote a future timber supply, the President shall lay the findings of the
commission before the Congress of the United States.
Sec. 9. That the President, in his discretion, is hereby authorized to es-
ta'blish as national forests, or parts thereof, any lands within the boundaries
of Government reservations, other than national parks, reservations for
phosphate and other mineral deposits or water-power purposes, national
monuments, and Indian reservations, which in the opinion of the Secretary
of the department now administering the area and the Secretary of Ag-
riculture are suitable for the production of timber, to be administered by
the Secretary of Agriculture under such rules and regulations and in ac-
cordance with such general plans as may be jointly approved by the Secretary
of Agriculture and the Secretary formerly administering the area, for the
use and occupation of such lands and for the sale of products therefroi.
That where such national forest is established on land previously reserved
for the Army or Navy for purposes of national defense the land shall remain
subject to the unhampered use of the War or Navy Department for said
purposes, and nothing in this section shall be construed to relinquish the
authority over such lands for purposes of national defense now vested in the
Department for which the lands were formerly reserved. Any moneys avail-
able for the maintenance, improvement, protection, construction of high-
ways and general administration of the national forests shall be available for
expenditure on the national forests created under this section. All receipts
from the sale of products from or for the use of lands in such national
forests shall be covered into the Treasury as miscellaneous receipts, forest
reserve fund, and shall be disposed of in like manner as the receipts from
other national forests as provided by existing law. Any person who shall
violate any rule or regulation promulgated under this section shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined not more than
$500 or imprisoned for not more than one year, or both. Approved June
7, 1924.
Public Resolution No. 13, Approved April 13, 1926. (44 Stat. 250). Joint
Resolution Authorizing the Secretary of Agriculture to cooperate with
Territories and other possessions of the United States under the provisions
of sections 3, 4, and 5 of the Act of Congress entitled "An Act to provide
for the protection of forest lands, for the reforestation of denuded areas,
for the extension of national forests, and for other purposes, in order to
promote the continuous production of timber on lands chiefly suitable
therefore "
Resolved by the Senate and House of Representatives of the United States
of America in Congress assembled, That the Secretary of Agriculture is
hereby authorized to cooperate with Territories and other possessions of the
United States on the same terms and conditions as with States under sec-
tions 3, 4, and 5 of the Act of Congress entitled "An Act to provide for the







Bulletin 10, Florida Forest Service


protection of forest lands, for the reforestation of denuded areas, for the
extension of national forests, and for other purposes, in order to promote the
continuous production of timber on lands chiefly suitable therefore approved
June 7, 1924. Approved April 13, 1926.



REFERENCE TO LAW FOR RELIEF

OF UNEMPLOYMENT

Federal Act (approved March 31, 1933) for the relief of unem-
ployment through the performance of useful public
work, and for other purposes in connection with the
forestation of lands belonging to the United States or to
the several States which are suitable for timber produc-
tion, the prevention of forest fires, etc.



NATIONAL FORESTS

9. United States may acquire State lands for national forests.
The consent of the State of Florida is hereby given to the acquisition by
the United States, by purchase, gift or condemnation with adequate com-
pensation, of such lands in Florida as in the opinion of the Federal Govern-
ment may be needed for the establishment, consolidation and extension of
national forests in the State: Provided, that the State of Florida shall re-
tain a concurrent jurisdiction with the United States in and over lands so
acquired so far that civil process in all cases, and such criminal process as
may issue under the authority of the State of Florida against any person
charged with the commission of any crime without or within said jurisdiction,
may be executed thereon in like manner as if this law had not been passed.
(Ch. 8564, Acts 1921, par. 1.) (Art. 1, Ch. 1, Compiled Gen. Laws of Fla. 1927).

10. Power conferred on Congress to legislate with respect to
State lands acquired for national forests.
Power is hereby conferred upon the Congress of the United States to
pass such laws and to make or provide for the making of such rules and
regulations, of both a civil and criminal nature, and provide punishment
therefore, as in its judgment may be necessary for the administration, control,
and protection of such lands as may be from time to time acquired by the
United States under the provisions of this law.

1447. Distribution of fund; basis of distribution.
The Comptroller is hereby authorized to apportion the amount in the
national forest fund that was in the State treasury on January 1, 1915,
which includes the amount derived by the United States from the Choctaw-
hatchee forest and the Ocala forest reserves in the State of Florida, and
paid over to the State of Florida to be distributed by the Legislature. Said
distribution to be based upon the number of acres of land embraced in the
Choctawhatchee forest and the Ocala forest respectively in each county, and
to be further based upon the amount collected by the United States from
each of said forests so that such distribution when made will include for each







Forestry and Timber Laws 29

county the amount due each county based upon the receipts for the par-
ticular forest and the acreage in the particular county in which such forest is
located. (Ch. 6966, Acts 1915, par. 1.)

1448. Comptroller to ascertain number acres in several coun-
ties; apportionment of funds; appropriation.
The Comptroller of the State of Florida is hereby directed to ascertain
from the records of the General Land Office or other departments in Wash-
ington the number of acres of land situated in the several counties in which
the Choctawhatchee and the Ocala forest reserves are located and the num-
ber of acres of land of such forest reserve embraced in each of the counties
in each of said reserves and also the amount of money received by the United
States Government from each of said reserves, respectively, and the Comp-
troller shall apportion the money on hand to the credit of the national forest
fund as of January 1st, 1917, to each county in each reserve, respectively,
and separately, as provided for in section 1447, and shall issue a warrant on
the State Treasurer in each case payable to each of said counties and the
amount so apportioned to each county shall be applied by such counties equally
divided between the general school fund and the general road fund of said
counties. In order that the Comptroller may obtain the necessary information
to comply with the law to which this section is an amendment direct from
the archives and records at Washington, D. C., the sum of five hundred dollars
or so much thereof as may be necessary is hereby appropriated to be expended
by the Comptroller in carrying out the purposes of this Chapter to be paid
out of the national forest reserve fund.
In the event that actual figures of receipts from different reserves cannot
be obtained by counties so as to fully comply with this Chapter the Comp-
troller is hereby authorized to adjust the matter according to the United
States statutes or as may appear to him to be just and fair and with the
approval of all counties. (Amended by Ch. 7405, Acts 1917, par. 2, 3.)

1449. Other distributions of fund.
The Comptroller is hereby authorized to make other and further distribu-
tions of the forest funds when so requested by the counties in interest of
such amounts as may hereafter be accumulated in said fund, and such distribu-
tion shall be made in accordance with the provisions of this Chapter in
reference to the first distribution.

1450. Fund appropriated for payment of warrants.
The moneys now in the national forest fund, and all moneys that may
hereafter be received and credited to the said fund, are hereby appropriated
for the payment of the warrants of the Comptroller drawn on the State
Treasurer in pursuance of this Chapter.

Chapter 14731, Laws of 1931. Providing for Division, Distribu-
tion and Allocation of Florida National Forest Fund.
An Act providing for the Division, Distribution and Allocation of the
Florida National Forest Fund Returning to the Boards of Public Instruction
of the Several Counties of the State of Florida Receiving Such Funds from
the United States Department of Agriculture. *
Section 1. That all monies received by the several Boards of Public In-
struction of the State of Florida as the Florida National Forest Fund from
the United States Department of Agriculture, for Education and schools of
the said counties shall be divided, distributed and allocated to and between
the general and the special tax school district, funds of the said counties
receiving such funds, in the following manner, to-wit:-
The Boards of Public Instruction of the said counties are hereby authorized
and directed to immediately calculate and ascertain the total number of







30 Bulletin 10, Florida Forest Service

acres of land in the National Forest in their respective county, and the total
number of acres of land in each special tax school district containing any of
the land of the National Forest of said county. The said Florida National Forest
Fund received by the said Board shall be divided to the several special tax
school districts of the said counties ratable and in proportion that the num-
ber of acres of the National Forest in the said district bears to the aggregate
acreage of the National Forest in said counties; after such divisions have
been made there shall be allocated, distributed and deposited from each above
district division to and in the special tax school district fund, a sum of said
Florida National Forest Fund, ratable and in proportion, that the millage
assessed by such Special Tax School District Tax bears to the total General
School and Special Tax School District millage, and the remainder of such
Special Tax School District division monies shall be deposited in the General
School Fund of said counties. *



REFERENCES TO LAWS ON

TAXATION
920. Non-bearing fruit trees shall not be considered as adding
any value to said land.
922. Assessment of land, timber and turpentine rights.
1020. When the holder of a tax-deed goes into actual posses-
sion, occupancy, and use of the land embraced in such
tax-deeds, etc.
1050 (803). Occupational taxes and licenses; county judge's
fee.
1051 (804). County licenses levied; city licenses, amount.
1141 (885). Distillers and manufacturers of spirits of turpen-
tine and rosin shall pay a license tax.
1191. Lumber dealers carrying a stock on hand and selling at
retail and buying or selling on commission or exporting,
shall pay a license tax.
1194. Manufacturers of turpentine barrels, vegetable or fruit
crates, moss or moss packers, fibre, furniture, coal tar,
pencils, shall pay a license tax.
1208. Naval stores factors, or persons, firms or corporations
organized for the purpose of handling naval stores, shall
pay a license tax.
1230. Planing mills and novelty works, not connected with
saw mills, shall pay a license tax.
1243. Retort plants shall pay a license tax.
1252. Saw mills, including planing mills and dry kilns, shall
pay a license tax.
1253. Shingle mills, whether connected with a saw mill or not,
shall pay a license tax.






Forestry and Timber Laws 31

Chapter 14491, Laws of 1929. An Act imposing certain license
and privilege taxes; CROSS TIES-Brokers and Dealers
in. WOOD YARDS.-

Chapter 13874, Laws of 1929. Providing for License Tax for
Selling Farm or Grove Products; Exemptions Under
Certain Conditions.
An Act Providing for a License Tax to be paid by Persons and Corpora-
tions Selling or Peddling Farm or Grove Products; Exempting Therefrom
Persons and Corporations Selling or Peddling Florida Grown Farm or Grove
Products or Products Manufactured Therefrom when the Person or Corpora-
tion Selling or Peddling Said Farm or Grove Products is the Producer thereof;
and Exempting Therefrom Persons or Corporations Selling or Peddling
Farm or Grove Products Grown in Any State Other Than Florida, When
Offered for Sale by the Producer Thereof, and When the State Where the
Farm or Grove Product is Grown Gives and Affords to Florida Farm and
Grove Produce Sellers or Peddlers this Same Exemption. (Counties of
Populations 13,500-14,500; 19,500-20,500.)

Senate Joint Resolution No. 89, 1929. Proposing an amend-
ment to Article IX of the Constitution of the State of
Florida, relative to Taxation and Finance.



NURSERIES

3830. Plant Act of 1927. Creation of State Plant Board; In-
spection of Plants and Plant Products.
An Act to Prevent the Introduction into and Dissemination Within This
State of Insect Pests and Diseases Injurious to Plants and Plant Products
of this State, to Provide for the Inspection and Control of Nurseries and the
Regulation of the Sale and Distribution of Plants and Plant Products, to
Create a State Plant Board and to Prescribe its Powers and Duties, and
Making an Appropriation for the Purpose of Carrying out the Provisions
of Said Act.







32 Bulletin 10, Florida Forest Service



INDEX
PAGE
Acquisition
Board of Forestry to submit recommendations to Trustees of
Internal Improvement Fund concerning acquisition of lands
suitable for reforestation projects, State forests and State
parks ............................................. 10
Authorizing Trustees of Internal Improvement Fund to acquire
land ................................ ... .. ........ 11
United States may acquire State lands for national forests... 28
Accounts, Florida Board of Forestry ........................ 5
Agricultural and Industrial Relief Commission (Florida Agri-
cultural and Industrial Relief Commission) .............. 20
Appointment of Board members ............................ 4
Appropriation ........................................ 5
A rson, reference ............................... ......... 7
Beautification (References)
Millage in certain counties ................................ 24
County Commissioners .................................. 24
Waterways ........................................ 24
Highway, road and street ................................ 25
Board of Forestry (See Florida Board of Forestry)
Bonds required of members of Florida Board of Forestry...... 4
Brevard County, unlawful to set fire in, etc................... 6
Burning woods, general laws .............................. 6
Burning woods in Columbia County........................ 7
Burning wild forest, woods, land or marshes in Brevard, Indian
River and St. Lucie Counties. ........................... 6
Civil Liability, for woods burning .......................... 6
Clarke-McNary Law .................................... 25
Columbia County, woods burning .......................... 7
Conservation of trees and shrubs ....................... .... 23
Cooperation by Florida Board of Forestry with
Federal and
State departments
Institutes
Counties
Towns
Corporations
Individuals ........................................... 4
Cooperative Marketing Associations .......................... 22







Forestry and Timber Laws 33

PAGE

Corporations, for the protection and development of forests and
other renewable natural resources ......................15-19
Restrictions ............................................ 16
Application ............................................ 16
Reserved Power of Legislature ........................... 16
Incorporation and Amendment of Charter
Limited Dividend Corporation ......................... 16
Charter ........................................... 16
Number of Incorporators .............................. 17
Regulation ......................................... 17
State Forester shall:
Rules ..................... ....................... 17
Control ........................................... 17
Information ........................................ 17
Reports ........................................... 17
State Forester may:
Examine books, etc. .................................. 17
Prescribe uniform accounts ............................. 17
Enforce orders ....................................... 17
Appeal ................................................ 17
Filing certificate of incorporation ........................ 17
Stock ............................................. ...... 18
Issuing stock, etc. ....................................... 18
Stockholders limited to par value, etc. .................... 18
Excess earnings ................... ..................... 18
Dissolution ......................................... 18
Sales timber, etc. ............ ........................ 18
Acts prohibited; proviso .................................. 18
Borrow money ........................... ............. 18
State Forester's approval ................................ 19
Gross income ........................................ 19
Reorganization ....................................... 19
Definitions .......................... ............... 19
Corporations, private ..................................... 20
County Commissioners of Duval County ...................... 7
Build and maintain fire towers ........................... 7
Establish fire control units .............................. 7
County fire control units ................................... 7
Creation of Florida Board of Forestry ....................... 4
Dedication and designation of reforestation project, State forest
or State park by Trustees of Internal Improvement Fund,
State agency or agency created by law.................. 10








Bulletin 10, Florida Forest Service


PAGE

Development of forests and other renewable natural resources.. 15
Diston Island Drainage District-Glades and Hendry Counties
(fire in muck lands) ................................... 7
Doyle Rule................... ...........................21-22
Duval County, fire control ................................ 7
Employees, assistants, agents, clerks .......................... 5
Epiphyte, bromeliads (16 species) ........................... 23
Epiphyte orchids (20 species) ............................. 23
Everglades Drainage District (Fire in muck lands)........... 7
Fire laws
Burning woods (general law) ............................. 6
Civil liability for burning woods. ......... .......... ... 6
Burning woods in Brevard, Indian River and St. Lucie Counties 6
Burning woods in Columbia County ...................... 7
Fire Control in Duval County ............................ 7
References on fire laws................................... 7
Forest Products Industries .............................. 7
Arson ...................... ...... ... .............. 7
Muck land. Control of fires in Diston Drainage District in
Glades and Hendry Counties ............................ 7
Muck land. Fire prevention in the Everglades Drainage Dis-
trict ....................... ............... ... ........ 7
Florida Agricultural and Industrial Relief Commission........ 20
Florida Board of Forestry
Creation; appointment, term of office, oath, bond, salary, etc.,
of members ........................................ 4
Headquarters and meetings; officers ...................... 4
Compensation; expenses ................................. 4
Duty ................. .............................. 4
State forester; employees, clerks, etc....................... 5
Appropriation ........................................ 5
Accounts; warrant for payment .................. ........ 5
Effect of partial invalidity of Chapter ..................... 5
Contracts respecting grazing rights or privileges ............ 5
Taxation of land acquired for forestry purposes............ 6
Florida Board of Forestry, duties in connection with lands suit-
able for reforestation projects, State forests and State parks 10
Florida Board of Forestry to co-operate with other State agencies
in designation and dedication of forestry projects......... 11
Florida Board of Forestry authorized to adopt and enforce regu-







Forestry and Timber Laws 35

PAGE

lations for reforestation projects, State Forests and State
Parks .............. .................. ... ....... .. 11
Forest fires
Duty of Board to prevent and extinguish forest fires.......... 4
Duty of Board to enforce all laws pertaining to forests and
woodlands ...................... ............ ....... 4
Setting fire to or burning woods, etc ...................... 6
Setting fire to or burning woods in Brevard, Indian River and
St. Lucie Counties ................................... 6
Setting fire to or burning woods, etc., in Columbia County.. 7
Forests
Florida Board of Forestry to gather and disseminate informa-
tion in regard to forests, their care and management...... 4
T'o enforce all laws pertaining to forests and woodlands..... 5
Burning forests ...................... ............... .. 6
Forest lands................... ... ....................... 10
Gadsden County, protection of Torreya trees ................. 23
Gopherwood (Torreya, stinking cedar) trees................. 23-24
Grazing ...................... .................... 5
Homesteads .............. ..................... ....... 13
Homesteads, subsistence........... ............... ......... 20
Indian River County, unlawful to set fire to wild forest, etc..... 6
Lands
Trustees of Internal Improvement Fund authorized to acquire
lands by donation, purchase or otherwise ............... 11
Payments .................. ..................... .. 11
Appraisals ........................................ 12
Tax obligations ........................................ 12
Tax liens ........................................... 12
Administration ...................................... 12
Sales and leases ......................... ... ......... 12
Contracts of sale ............................ .......... 12
Payment of obligations ............................... 13
Contracts ................ .. ......... .. ........... 13
Borrowing ............... .............. ... ....... 13
Expenditure ......................................... 13
Application of proceeds ............................... 13
How lands may be applied ............................ 13
Title ...................... ....................... 14
School lands, State Board of Education to administer ........ 15








36 Bulletin 10, Florida Forest Service

PAGE
Larceny
Grand and Petit ....................................... 8
Defacing the mark or brand of lumber, logs or timber........ 21
Second conviction ....................................... 10
Liberty County, protection of Torreya Trees (Gopherwood,
stinking cedar) ...................................... 24
Liens, for labor on logs and timber ........................ 22
Limited Dividend Forestry Corporations, Private (See Corpora-
tions)
Logs
Stamp or brand ............ ...... ................ 21-22
Brand recorded ....................................... 21
May prevent use by others ............................... 21
Prima facie evidence of ownership....................... 21
Where two or more brands same ......................... 21
Defacing the mark or brand of lumber, logs or timber....... 21
Penalty for unlawful use of recorded log brand or stamp.... 21
Penalty for inspecting or buying or selling by illegal standard
logs or square timber ............................... 21
Penalty for false representation .................. .... 22
Liens for labor on logs and timber ......................... 22
Stealing logs or timber ................................. 8
Floating logs against bridges ........................... 22
Lumber
Lumber adrift ....................................... 8-22
Inspectors ..................... .................... 22
Dealers to pay license tax ................................. 31
National Forests
United States may acquire State land....................... 28
Power conferred on Congress to legislate with respect to State
lands ........................................... 28
Distribution of fund; basis of distribution ................. 28
Comptroller to ascertain number acres in counties; apportion-
ment of funds; appropriation ........................ 29
Other distribution of fund .............................. 29
Fund appropriated for payment of warrants................ 29
Providing for the Division, Distribution and Allocation of the
Florida National Forest Fund Returning to the Boards
of Public Instruction, etc. ........................ 29-30
National Parks ............................ ............. 14
Natural resources, forests and other renewable, definition...... 19







Forestry and Timber Laws 37

PAGE

Naval Stores
Compensation of supervising inspector.................... 20
Fees for inspecting rosin ................................ 20
Inspection and classification ............................. 22
Inspection and examination ......................... 23
Nurseries
Plant Act of 1927 .................... .. ..... ........ 31
Oleoresin ...................... ........................ 23
Parks
Royal Palm State Park, reference to ....................... 14
State System ....................................... 14
National Park, acquisition of land in Dade, Monroe and
Collier Counties, reference to ......................... 14
Penalties
For setting fire to or burning woods ....................... 6
Civil liability for burning, etc. ........................... 6
Woods burning in Brevard, Indian River and St. Lucie
Counties ........................................... 6
Grand larceny ........................................ 8
Petit larceny ............... .............. .. .. ...... 8
Second conviction for larceny ........................... 10
Severing and taking property from freehold ............... 8
Trespass on State land ................................. 8
Cutting timber on land sold for taxes .................... 9
Removing, or working for turpentine, timber on land sold for
taxes ............................................. 9
Punishment for use of timber or turpentine by owner after
sale for non-payment of taxes ........................ 10
Also, see references on other Forest Protection laws...... 10
Defacing brand or mark of timber......................... 21
Unlawful use of recorded log brand or stamp ................ 21
Inspecting, buying or selling timber by illegal standard.... 21
Penalty for false representation, etc...................... '22
Planting ................ ............................ :26
Protection ........................................ .11, 15-19,23
Protection of birds and animals, providing course in Public
Schools ............................................ 15
Reforestation ................................. 4, 10-14, 19, 20
Royal Palm State Park ...................... ............ 14
School lands
Trespass on School lands ................................ 9
State Board of Education to administer.................. 15







Bulletin 10, Florida Forest Service


PAGE
Setting fire to or burning wild forest, woods, land or marshes 6
Setting fire to or burning wild forest, woods, land o-r marshes
in Columbia County ................................ 7
Sheriffs and Deputy Sheriffs
Duties in regard to trespass on State lands.................. 9
Combining with trespassers on State lands.................. 14
Shrubs
Jasmine (Gelsemium sempervirens) ........................ 23
Smilax, Southern W ild (6 species) ........................ 23
Sign board law ............................. ........... 24
State Forester
Employment ........................................ 5
Qualifications ......................................... 5
S alary ............................................... 5
Expenses ..................... ................. ... 5
Duties
Take such action as authorized by law and Florida Board of
Forestry to prevent and extinguish forest fires and en-
force all laws pertaining to forests and woodlands and
to cause prosecution for any violation of said laws, and
to have charge and full authority of law with imme-
diate direction and control of all matters relating to
forestry as authorized by 4151, or otherwise authorized
by law, subject to supervision and approval of Florida
Board of Forestry ................................ 5
Duties and powers in connection with Limited Dividend
Corporations
Certificate of organization of corporation shall contain
statement that it is subject to rules and regulations, su-
pervision and control of State Forester or other desig-
nated agency or person as provided in this Act....... 16
Director designated by State Forester................. 17
Expenses incurred in discharge of his duties paid by Cor-
poration ........................................ 17
General expenses paid by all corporations under this law 17
State Forester shall:
Make, amend and repeal rules ...................... 17
Control ........................................ 17
Keep informed .................................... 17
Reports ........................................ 17
State Forester may:
Examine books, etc ............................... 17







Forestry and Timber Laws 39

PAGE

Prescribe uniform accounts ......................... 17
Enforce orders ................... .. ....... ...... 17
Corporation may appeal from State Forester to Governor 17
State Forester must certify approval of project........ 18
Stock, etc., issued on lands must have valuation placed
thereon by State Forester ........................ 18
Showing of net income or losses to be determined by State
F orester .................. ................. 18
Certificate of State Forester consenting to dissolution.... 18
Timber, fruits, nuts, seed, sap or products of trees which
are cut or sold to be in accordance with regulations,
restrictions and limitations imposed by State Forester 18
No real property to be assigned, conveyed or sold, etc.,
except on notice to' State Forester and his consent
thereto ............... ........................ 18
Pay higher rate interest on mortgage indebtedness than
6% per annum without consent of State Forester 18
Mortgage real property only with consent of State Forester 18
To approve notes, bonds, mortgage or trust indenture,
etc., when corporation borrows money ............ 19
Shall not approve project unless ..................... 19
Amortization charges in amounts approved by State
Forester ................ ..................... 19
Reorganization of corporations organized under this Act
subject to supervision of State Forester........... 19
State Forests
Florida Board of Forestry to investigate lands suitable for re-
forestation projects, state forests and state parks...... 10
Acquisition; recommendation to Trustees of Internal Improve-
m ent Fund ................. ...................... 11
Designation or Dedication ................ ............. 11
Administration .................... ..... ............ 11
Defining purposes .................... ............... 11
Adoption and enforcement of Regulations ................ 11
State Lands
Trespass upon ....................................... 8, 14
Definition of State lands included in Chapter 16185, Laws of
1933 ............................................. 9
Disposition of Proceeds from State Lands .................. 14
When and under what conditions State lands may be subject
to taxes ........................................... 15
Providing for Notice to State of taxes, etc ................. 15







40 Bulletin 10, Florida Forest Service


PAGE
To preserve equity of State in sale of State lands or other
State property ..................................... 15
Authorizing Trustees of Internal Improvement Fund to su-
pervise State lands not vested in some other State agency 15
State Parks ............................................. 11
Stinking cedar (Torreya or gopherwood) .................. 23-24
St. Lucie County, Unlawful to set fire in, etc................. 6
State Board of Forestry (See Florida Board of Forestry)
Subsistence homesteads .................................. 13
Taxation
Taxation of land for forestry purposes .................... 6
Park and lands conveyed as an endowment to the Florida Fed-
eration of Women's Clubs exempt from taxation-1701-6.. 14
Non-bearing fruit trees not considered as adding to value of
land ............................ .............. 30
Assessment of land, timber and turpentine rights .......... 30
Actual possession of land embraced in tax deeds............ 30
To pay license tax:
Occupational taxes and licenses; County Judge's fee...... 30
County licenses levied; city licenses, amount.............. 30
Distillers and manufacturers of spirits of turpentine and
rosin .............................................. 30
Lumber dealers .................................. 30
Manufacturers of turpentine barrels, moss or moss packers,
fibre, furniture, coal tar, pencils ...................... 30
Naval Stores Factors, Persons, Firms, etc................ 30
Planing mills, novelty works not connected with saw mills 30
Retort plants ....................................... 30
Saw mills, including planing mills and dry kilns.......... 30
Shingle mills, whether or not connected with a saw mill.... 30
License and privilege taxes; cross ties-dealers and brokers
in ...................... ...................... 31
Persons and Corporations selling or peddling farm or grove
products; Exempting Certain Persons and Corporations,
etc ............................... .............. 31
Senate Joint Resolution No. 89, Laws of 1929. Proposing an
amendment to Article IX of the Constitution of the State
of Florida, relative to Taxation and Finance........... 31
Under what conditions State lands may be subject to taxes.. 15
Notice to State of Taxes against State property ............ 15







P,,'. :1rr and Timber Laws 41

PAGE
Timber, cutting from lands sold for taxes.................... 9
Removing from lands sold for taxes....... ............... 9
Punishment for use after sale for non-payment of taxes.... 10
Stealing logs or timber .......................... ........ 8
Boxing timber on land of another......................... 10
Inspectors ........................ .. ........... .......... 22
Resisting timber agent ................................ 23
Assessment of timber rights ........... ................. 30
Towers, fire ..................... ................ .. .. 7
Trees
Protection (General)
Dahoon (Ilex cassine and myrtifolia)
Dogwood (Cornus Florida and alternifolia)
Holly, American (Ilex opaea)
Mountain laurel (Kalmia latifolia)
Redbud or Judas tree (Cercis canadensis)
Royal Palm (Oreodoxa regia)
Sweet bay (Magnolia augustifolia)
Yaupon or Cassena (Ilex vomitoria)
(See shrubs and Epiphytes) .......................... 23
Protection (Gadsden and Liberty Counties)
Torreya, gopherwood or stinking cedar................. 23-24
Cutting section, township, range or corner trees............ 24
Tree seeds ............................................... 26
Trees, Cutting or destroying shade trees along public roads .... 24
Trespass
In counties where fence is dispensed with ................... 10
On lands; severing or taking property from freehold........ 8
On State lands ..................... ................... 8
On State lands, reference ..... ............. ............ 14
W ith intent to injure growing trees ....................... 10
May be arrested on Sunday without warrant ................ 10
1'rustecs of Internal Improvement Fund................... 9, 10-14
Turpentine
Removing, or working for, timber on land sold for taxes...... 9
Punishment for use of by owner after sale for non-payment
of taxes ......................................... 10
Distillers and manufacturers ............................. 30
Operators of turpentine stills to return capacity; penalty .. 23
Memorial to Federal Farm Board, requesting assistance for
turpentine industry ................................. 23







Bulletin 10, Florida Forest Service


PAGE

Relating to and classifying "Crude turpentine gum (Oleo-
resin), etc. ....................................... 23
Assessment of turpentine rights .......................... 30
Manufacturers of turpentine barrels to' pay license tax...... 30
United States cooperating with State
Clarke-McNary Law .................................... 25
Unemployment relief through forestation of lands suitable for
timber production .................................. 28


562207






Forestry and Timber Laws


LIST OF PUBLICATIONS FOR FREE
DISTRIBUTION BY FLORIDA
FOREST SERVICE



TALLAHASSEE, FLORIDA
MARCH, 1934



Bulletins
Common Trees of North & Northwest Florida
Common Trees of South Florida
Biennial Report-April, 1928-June, 1930*, and
July, 1930-June, 1932
Bulletin No. 1-Forestry Manual for Florida High Schools
Bulletin No. 2-Forestry for Vocational Agricultural Schools
Bulletin No. 3-Possibilities of Pulp and Paper Making in Florida
Bulletin No. 4-Suggested Conservation Programs
Bulletin No. 5-Florida Commercial Forestry Conference
Bulletin No. 6*-Florida's Forest Land Problem with Special
Reference to Forest Land Income and Taxes
Bulletin No. 7*--Financial Aspects of Growing Southern Pine,
Washington County, Florida
Bulletin No. 8-Planting Forest Trees in Florida
Bulletin No. 9-Florida Naval Stores
Bulletin No. 10-Forestry and Timber Laws of Florida

Leaflets
Fire in the Turpentine Orchard
Woods Fires and the Cattle Industry
Woods Fires Everyman's Enemy

Circulars
Circular No. 1-Good Naval Stores Practices

*Out of print








Bulletin 10, Florida Forest Service


FLORIDA FOREST SERVICE

BOARD OF FORESTRY
S. BRYAN JENNINGS, President, Jacksonville
JOHN B. GLEN, Vice-President, Chipley
STANLEY S. SHEIP, Secretary, Apalachicola
MRS. LINWOOD JEFFREYS, Jacksonville
HAROLD S. FOLEY, Foley



OFFICE OF STATE FORESTER
Tallahassee, Florida

HARRY LEE BAKER, State Forester
ROSA STANALAND, Secretary
JANE ALLEN, Chief Clerk

Fire Control-
R. R. WHITTINGTON, Assistant State Forester
Information and Education-
A. D. FOLWEILER, Assistant State Forester
Applied Forestry-
C. H. SCHAEFFER, Assistant State Forester

C. H. COULTER, Naval Stores Technologist,
Lake City, Florida


DISTRICT ORGANIZATION
District 1.-N. R. HARDING, District Forester, Panama City
District 2.-B. KOONTZ, District Forester, Tallahassee
District 3.-L. T. NIELAND, District Forester, Gainesville
District 4.-H. J. MALSBERGER, District Forester, Jacksonville
District 5.-R. H. SAMPSON, Asst. District Forester, Mango


FIRE CONTROL UNITS
12 Rangers in charge of 9 groups and 224 three-year demonstration units
28 Observation towers manned part time by co-operators
and the Florida Forest Service



STATE NURSERY
Olustee, Florida

D. J. WEDDELL, Nurseryman
Forest tree seedlings are sold at cost for reforestation purposes


44




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