1997 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 590 Forest Protection  
590.026   Prescribed burning; requirements; liability.

590.026  Prescribed burning; requirements; liability.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Prescribed Burning Act."

(2)  LEGISLATIVE FINDINGS AND PURPOSE.--

(a)  The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of Florida. Pursuant thereto, the Legislature finds that:

1.  Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.

2.  Most of Florida's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.

3.  Forest land and range land constitute significant economic, biological, and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On range land, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production.

4.  The state purchased hundreds of thousands of acres of land for parks, preserves, wildlife management areas, forests, and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.

5.  A public education program is necessary to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning.

6.  Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.

7.  As Florida's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.

(b)  It is the purpose of this section to authorize and promote the continued use of prescribed burning for ecological, silvicultural, wildlife management, and range management purposes.

(3)  DEFINITIONS.--As used in this section:

(a)  "Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish the planned land management objectives.

(b)  "Certified prescribed burn manager" means an individual who successfully completes the certification program of the Division of Forestry of the Department of Agriculture and Consumer Services.

(c)  "Prescription" means a written plan for starting and controlling a prescribed burn.

(4)  RULES.--The Division of Forestry of the Department of Agriculture and Consumer Services shall promulgate rules for the use of prescribed burning.

(5)  REQUIREMENTS; LIABILITY.--

(a)  Prescribed burning conducted under the provisions of this section shall:

1.  Be accomplished only when at least one certified prescribed burn manager is present on site while the burn is being conducted.

2.  Require that a written prescription be prepared prior to receiving authorization to burn from the Division of Forestry.

3.  Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.

4.  Be considered a property right of the property owner if naturally occurring vegetative fuels are used and when conducted pursuant to the requirements of this section.

(b)  No property owner or his or her agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke, unless negligence is proven.

(6)  DUTIES OF AGENCIES.--

(a)  The Department of Community Affairs, the Division of Forestry of the Department of Agriculture and Consumer Services, and the Office of the State Fire Marshal shall prepare a report to be submitted to appropriate legislative committees by February 1, 1991, that shall identify actions required to minimize the threat of wildfire in areas where new development is proposed in or adjacent to wild lands.

(b)  The Office of Environmental Education of the Department of Education shall incorporate, where feasible and appropriate, the issues of prescribed burning into their educational materials.

History.--s. 2, ch. 90-234; s. 1, ch. 90-296; s. 954, ch. 97-103; s. 10, ch. 97-220.