Florida

Fla. Stat. §590.02. Enacted 1935; Last updated: 1999 

Summary: Government employees may set counterfires, remove fences and other obstacles, dig trenches, cut firelines, use water from public and private sources, and carry on other activities in the fighting of wildfires without incurring liability.

Fla. Stat. §590.13 Enacted 1935; Last updated: 1999 

Summary: Civil liability for damages will result from violation of this chapter whether or not there is criminal prosecution.

Fla. Stat. §590.14. Enacted 1935; Last updated: 2002 

Summary: Anyone who causes a wildfire or permits an authorized fire to escape beyond the authorized area or to burn past the authorized time is liable for all reasonable costs and expenses of suppressing the fire.  An administrative fine up to $1000 per violation may also be imposed based upon the degree of damage, prior violations and whether false information was knowingly provided.

Fla. Stat. §590.15. Enacted 1935; Last updated: 1936 

Summary: The state or civil plaintiff does not need to allege or prove the absence of authority to set the fire.  Authority to set the fire is an affirmative defense.

Fla. Stat. §590.25. Enacted 1951; last updated: 1999 

Summary: Interference with extinguishment of wildfires or damaging firefighting equipment is a felony.

Fla. Stat. §590.27. Enacted 1951; Last updated: 1999 

Summary: Intentionally damaging fire control or forestry signs is a misdemeanor.

Fla. Stat. §590.28. Enacted 1955; Last updated: 2000 

Summary: Intentionally burning any wild or vegetative land of another in violation of §590.125 is a felony.  Recklessly burning wild lands of another is a misdemeanor

Fla. Stat. §590.081. Enacted: 1957; Last updated: 1999.

Summary: Commissioner of Agriculture may declare a severe drought emergency. It is unlawful to set fire to wild lands or burn trash or other debris in such areas unless written permit is obtained. Violations are a misdemeanor.

Fla. Stat. §590.082. Enacted: 1971; Last updated: 1999.

Summary: If the Commissioner of Agriculture declares a severe drought emergency, and the drought continues, the Governor may declare a severe fire hazard.  If so ordered, no one except persons regularly engaged in harvesting or processing or moving forest or farm products may enter public or private wild land except with permission of the landowner or on public roads or well-defined private roads.  Violation is a misdemeanor.

Fla. Stat. §590.125.  Enacted 1999; Last updated: 2002 

Summary: The benefits of prescribed burning are outlined.  Certified burning is a property right if required procedures are followed.  Certified burning requires that a certified prescribed burn manager be present from ignition to completion, that a written prescription be prepared in advance and be present at the site, that owner’s permission be obtained, that there be adequate firebreaks, personnel and firefighting equipment for control of the fire and that authorization to burn be obtained from the Florida Division of Forestry. Certified burns are considered to be in the public interest and are not considered a nuisance unless air pollution rules are violated. Non-certified burning is legal only with consent of the landowner, a permit, adequate fire breaks, sufficient fire control equipment and personnel, and only if someone is present until fire is extinguished, the burn is conducted under favorable fire danger and air quality conditions, and the fire remains within the authorized burn area. There is no liability for certified burners for escape of fire unless gross negligence is proven. Certified and non-certified burners who violate this statute commit a misdemeanor.  The Division may conduct fuel reduction initiatives on an individual’s land after notice and an opportunity to object have been provided. (See also §590.025).