The Florida Senate

590.081  Emergency drought conditions; burning prohibited.--

(1)  It is unlawful for any person to set fire to, or cause fire to be set to, any forest, grass, woods, wild lands, or marshes, or to build a campfire or bonfire or to burn trash or other debris within 600 yards of any forest, grasslands, woods, wild lands, or marsh area in any county, counties or area within a county where, because of emergency drought conditions, there is extraordinary danger from fire, unless a written permit is obtained from the Division of Forestry or its designated agent, or unless it can be established that the setting of a backfire was necessary for the purpose of saving life or property. The burden of proving such shall rest on such person claiming same as a defense.

(2)  The Commissioner of Agriculture, upon the advice of the director of the Division of Forestry, will advise the Governor when forests in any county, counties, or area within a county of this state, because of emergency drought conditions, are in extraordinary danger from fire. The Governor may by proclamation declare a drought emergency to exist and describe the general boundaries of the area affected.

(3)  Any proclamation promulgated by the Governor under authority of this section shall be effective immediately upon filing same with the Department of State and shall remain in full force and effect until, when conditions warrant, an order of revocation of proclamation is made by the Governor and filed with the Department of State.

(4)  Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1-5, ch. 57-246; ss. 14, 35, ch. 69-106; s. 1, ch. 71-64; s. 614, ch. 71-136; s. 1, ch. 75-264.