“Florida Conservation: Controlled Burns to Protect Land”

– Prescribed burning is important for the management of plant and animal communities.
– It reduces the risk and severity of wildfires, protecting people and property.
– Prescribed burning prepares forestland for reforestation and improves herbaceous vegetation on rangeland.
– Florida law defines prescribed burning and requires a written plan and certification for those conducting prescribed burns. 1) Setting a fire is inherently dangerous.
2) A landowner can be held liable for damages caused by negligence in setting or maintaining a fire.
3) Liability for damages cannot be delegated to an independent contractor conducting the burn.
4) Landowners must know and apply accepted forestry or burn standards if they wish to use fire for land management.
5) Violating laws and regulations for prescribed burning can result in civil liability for damages.
6) A property owner with a prescribed burn plan is not liable for damage or injury caused by the fire unless gross negligence is proven.
7) Gross negligence can lead to a claim for punitive damages.
8) Intentional or reckless setting of fire is a felony in Florida.
9) Prescribed burning conducted under state air pollution statutes and rules is not considered a public or private nuisance.
10) The Florida Forest Service may not be liable for burns it authorizes.
11) Prior authorization and a written prescription are required before igniting a prescribed burn.
12) Adequate firebreaks, personnel, and firefighting equipment are necessary for authorized burns.
13) A certified prescribed burn manager must be present and supervise the burn. – Florida’s forestland and rangeland face inherent danger from prescribed burns.
– Careful attention should be given to environmental and weather conditions as well as regulatory and legal implications.
– Setting a prescribed burn requires careful consideration of these factors to minimize risks.

https://www.jimersonfirm.com/blog/2018/02/prescribed-burning-florida/