Florida Statutes, Title XXXV, Chapter 590
Forest Protection
590.125 Open burning authorized by the division.--
(1) DEFINITIONS.--As used in this section, the term:
(a) "Prescribed burning" means the
controlled application of fire in accordance with a written
prescription for vegetative fuels under specified environmental
conditions while following appropriate precautionary measures that
ensure that the fire is confined to a predetermined area to
accomplish the planned fire or land-management objectives.
(b) "Certified prescribed burn manager"
means an individual who successfully completes the certification
program of the division and possesses a valid certification number.
(c) "Prescription" means a written plan
establishing the criteria necessary for starting, controlling, and
extinguishing a prescribed burn.
(d) "Extinguished" means that no spreading
flame for wild land burning or certified prescribed burning, and no
visible flame, smoke, or emissions for vegetative land-clearing
debris burning, exist.
(2) NONCERTIFIED BURNING.--
(a) Persons may be authorized to burn wild land or
vegetative land-clearing debris in accordance with this subsection
if:
1. There is specific consent of the landowner or his
or her designee;
2. Authorization has been obtained from the division
or its designated agent before starting the burn;
3. There are adequate firebreaks at the burn site and
sufficient personnel and firefighting equipment for the control of
the fire;
4. The fire remains within the boundary of the
authorized area;
5. Someone is present at the burn site until the fire
is extinguished;
6. The division does not cancel the authorization; and
7. The division determines that air quality and fire
danger are favorable for safe burning.
(b) A person who burns wild land or vegetative
land-clearing debris in a manner that violates any requirement of
this subsection commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) CERTIFIED PRESCRIBED BURNING; 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 the state. The Legislature finds
that:
1. Prescribed burning reduces vegetative fuels within
wild land areas. Reduction of the fuel load reduces the risk and
severity of wildfire, thereby reducing the threat of loss of life
and property, particularly in urban 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. Forestland and rangeland constitute significant
economic, biological, and aesthetic resources of statewide
importance. Prescribed burning on forestland prepares sites for
reforestation, removes undesirable competing vegetation, expedites
nutrient cycling, and controls or eliminates certain forest
pathogens. On rangeland, 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. Therefore, the division is urged to
maximize the opportunities for prescribed burning conducted during
its daytime and nighttime authorization process.
(b) Certified prescribed burning must be conducted in
accordance with this subsection and:
1. May only be accomplished when a certified
prescribed burn manager is present on site with a copy of the
prescription from ignition of the burn to its completion.
2. Requires that a written prescription be prepared
before receiving authorization to burn from the division.
3. Requires that the specific consent of the landowner
or his or her designee be obtained before requesting an
authorization.
4. Requires that an authorization to burn be obtained
from the division before igniting the burn.
5. Requires that there be adequate firebreaks at the
burn site and sufficient personnel and firefighting equipment for
the control of the fire.
6. Is considered to be in the public interest and does
not constitute a public or private nuisance when conducted under
applicable state air pollution statutes and rules.
7. Is considered to be a property right of the
property owner if vegetative fuels are burned as required in this
subsection.
(c) A property owner or his or her agent is neither
liable for damage or injury caused by the fire or resulting smoke
nor considered to be in violation of subsection (2) for burns
conducted in accordance with this subsection unless gross negligence
is proven.
(d) Any certified burner who violates this section
commits a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
(e) The division shall adopt rules for the use of
prescribed burning and for certifying and decertifying certified
prescribed burn managers based on their past experience, training,
and record of compliance with this section.
(4) WILDFIRE HAZARD REDUCTION BURNING BY THE
DIVISION.--The division may prescribe burn any area of wild land
within the state which is reasonably determined to be in danger of
wildfire in accordance with the following procedures:
(a)Describe the areas that will be prescribe burned
to the affected local governmental entity.
(b) Publish a prescribed burn notice, including a
description of the area to be burned, in a conspicuous manner in at
least one newspaper of general circulation in the area of the burn
not less than 10 days before the burn.
(c) Prepare, and the county tax collector shall
include with the annual tax statement, a notice to be sent to all
landowners in each township designated by the division as a wildfire
hazard area. The notice must describe particularly the area to be
burned and the tentative date or dates of the burning and must list
the reasons for and the expected benefits from prescribed burning.
(d) Consider any landowner objections to the
prescribed burning of his or her property. The landowner may apply
to the director of the division for a review of alternative methods
of fuel reduction on the property. If the director or his or her
designee does not resolve the landowner objection, the director
shall convene a panel made up of the local forestry unit manager,
the fire chief of the jurisdiction, and the affected county or city
manager, or any of their designees. If the panel's recommendation is
not acceptable to the landowner, the landowner may request further
consideration by the Commissioner of Agriculture or his or her
designee and shall thereafter be entitled to an administrative
hearing pursuant to the provisions of chapter 120.
(5)DUTIES OF AGENCIES.--The Department of Education
shall incorporate, where feasible and appropriate, the issues of
prescribed burning into its educational materials.
History.--s.9, ch. 99-292.
[top]
| 
