Florida Statute 590.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 590
FOREST PROTECTION

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F.S. 590.28

590.28 Intentional or reckless burning of lands.—

(1) Whoever intentionally burns, sets fire to, or causes to be burned or causes any fire to be set to, any wild land or vegetative land clearing debris not owned by, or in the lawful possession of, the person setting such fire or burning such lands or causing such fire to be set or lands to be burned without complying with s. 590.125, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever recklessly burns, sets fire to, or causes to be burned any wild lands not owned by, or in the lawful possession of, the person setting the fire or burning the lands or causing the fire to be set or lands to be burned, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 29919, 1955; s. 15, ch. 99-292; s. 33, ch. 2000-308.

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Amendments to 590.28

Arrestable Offenses / Crimes under Fla. Stat. 590.28

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

S590.28 1 - CONSERVATION-ENVIRONMENT - MALICIOUS LAND BURNING - F: T

S590.28 2 - CONSERVATION-ENVIRONMENT - RECKLESS LAND BURNING - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 590.28

Total Results: 3

Hornsby v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1977-12-13T23:53:00-08:00

Citation: 352 So. 2d 954

Snippet: Court addressed this issue, viz: "Section 590.28, Florida Statutes 1955, F.S.A., by its terms expressly

Harris v. State

Court: Fla. | Date Filed: 1957-03-22T00:00:00-08:00

Citation: 93 So. 2d 725, 1957 Fla. LEXIS 3359

Snippet: Harris, was' charged with violation of Sec. 590.28(1), Florida Statutes 1955, F.S.A. under an information…first and second counts of the information. Sec. 590.28(1), Florida Statutes 1955, F.S.A. reads as follows…In that case we held, on page 452, that “Section 590.28, Florida Statutes 1955, F.S.A., by its terms expressly…the case before us the intent specified in Sec. 590.28(2), F.S.1955, F.S.A. was neither alleged in the…contends that the information was drafted under Sec. 590.28, F.S.1955, F.S.A. Nevertheless, we have considered

Sheffield v. State

Court: Fla. | Date Filed: 1956-11-07T00:00:00-08:00

Citation: 90 So. 2d 449

Snippet: adjoining land.” Section 590.28, Florida Statutes 1955, F.S.A., reads as follows: “590.28 Willful, malicious…or both. The penalty for a violation of Section 590.28, Florida Statutes, F.S.A., is imprisonment in the… was guilty of the offense condemned by Section 590.28, Florida Statutes 1955, F.S.A. This contention …prison. It is the position of the State that Section 590.28, supra, which was enacted as Chapter 29919, Laws…So.2d 918. However, we cannot agree that Section 590.28, Florida Statutes, was intended by the Legislature