Florida Statute 590.082 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 590
FOREST PROTECTION

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F.S. 590.082

590.082 Extraordinary fire hazard; certain acts made unlawful; proclamations by the Governor.—

(1) When the Commissioner of Agriculture has declared a severe drought emergency to exist and described the general boundaries of the area affected as prescribed in s. 590.081 and the drought emergency continues until the wild lands become so dry or parched as to create an extraordinary fire hazard, the commissioner will advise the Governor that because of prolonged severe drought conditions an extraordinary fire hazard that could endanger life or property exists on wild lands.

(2) The Governor may by proclamation declare an extraordinary fire hazard to exist and describe the general boundaries of the area affected. 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 effect until, when conditions warrant, an order of revocation of proclamation is made by the Governor and filed with the Department of State.

(3) It is unlawful for any person, except the owner or his or her agents, or persons with express permission of the landowner, or other persons regularly engaged in harvesting, processing, or moving forest or farm products, to enter or travel in any public or private wild land within the area described by proclamation, except on public roads or highways or on well-defined private roads.

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

History.—s. 1, ch. 71-293; s. 1, ch. 75-264; s. 955, ch. 97-103; s. 5, ch. 99-292.

F.S. 590.082 on Google Scholar

F.S. 590.082 on Casetext

Amendments to 590.082

Arrestable Offenses / Crimes under Fla. Stat. 590.082

Level: Degree
Misdemeanor/Felony: First/Second/Third

S590.082 - HEALTH-SAFETY - TRAVEL FOREST/FIELD DURING PROCL FIRE HAZARD - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 590.082

Total Results: 7

Shands v. City of Marathon

Court: District Court of Appeal of Florida | Date Filed: 2008-12-31

Citation: 999 So. 2d 718, 2008 WL 5412069

Snippet: 2646 quoting Goldblatt v. Hempstead, 369 U.S. 590, 82 S.Ct. 987, 8 L.Ed.2d 130 (1962), indicating that

Stivers v. Ford Motor Credit Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 777 So. 2d 1023, 2000 Fla. App. LEXIS 16890, 2000 WL 1872986

Snippet: . asbestos-containing materials"); §§ 284.06, 590.082(1), Fla. Stat. (2000) ("fire hazard"); §§ 316.081(1)(b)

Glisson v. Alachua County

Court: District Court of Appeal of Florida | Date Filed: 1990-01-12

Citation: 558 So. 2d 1030, 1990 WL 2065

Snippet: (1978); Goldblatt v. Town of Hempstead, 369 U.S. 590, 82 S.Ct. 987, 8 L.Ed.2d 130 (1962); Graham v. Estuary

Graham v. Estuary Properties, Inc.

Court: Supreme Court of Florida | Date Filed: 1981-04-16

Citation: 399 So. 2d 1374, 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652

Snippet: harm. Goldblatt v. Town of Hempstead, 369 U.S. 590, 82 S.Ct. 987, 8 L.Ed.2d 130 (1962). As previously

Kinner v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-04-02

Citation: 382 So. 2d 756

Snippet: individuals. Goldblatt v. Town of Hempstead, 369 U.S. 590, 82 S.Ct. 987, 8 L.Ed.2d 130 (1962). The protection

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-01-28

Snippet: probably have to be declared to exist (e.g., as in s. 590.082, supra), and entry upon private lands (especially

McConihe v. State, ex rel. McMurray

Court: Supreme Court of Florida | Date Filed: 1879-06-15

Citation: 17 Fla. 238

Snippet: Supreme Court of that' State says,. (83 Ill., 590; 82 Ill., 473,) “it is not admissible, either by the