The State of Florida is the highest user of prescribed fires in the U.S., and its ecosystems are dependent on it.
Prescribed fires not only reduce hazards to life and property that are associated with wildfires, they also control vegetation and invasive pests, and increase the habitat for many endangered species in the region. Prescribed fires are, however, not without their own distinct hazards, and the Florida Legislature has set forth extensive statutory requirements that regulate their use.
Protection for Certified Burners
FFS certified fire practitioners are generally protected from liability under Florida law if the burn is in the public interest and the burn does not constitute a private or public nuisance under state air pollution laws. Neither the property owner nor his/her certified agent can be held liable for any damage or injury caused by the fire or the resulting smoke unless you can prove gross negligence.
Note that the FFS is not liable for any damage caused by burns that it has authorized.
Motorist Responsibilities
Under §392.14 of the Federal Motor Carrier Safety Regulations, drivers are responsible for exercising extreme caution when operating a motor vehicle in hazardous conditions, and for finding a safe place to pull over if driving conditions are too dangerous. In January of 2012, ten people lost their lives due to impaired visibility from a fire, and the Department of Highway Safety and Motor Vehicles reported that driver behavior – including failure to slow down, stopping in the middle of the road, and alcohol use – contributed to the pileup.
Prescribed fires not only reduce hazards to life and property that are associated with wildfires, they also control vegetation and invasive pests, and increase the habitat for many endangered species in the region. Prescribed fires are, however, not without their own distinct hazards, and the Florida Legislature has set forth extensive statutory requirements that regulate their use.
