A Florida burn ban makes it illegal to set open fires, build campfires or bonfires, or burn trash or yard debris in the affected area unless you hold a written permit from the Florida Forest Service. Bans typically arrive during the state’s dry season, roughly October through May, when weeks of low rainfall leave vegetation ready to ignite. They stay in force until the official who declared the ban formally lifts it.
What a Burn Ban Prohibits
Under Section 590.081, once the Commissioner of Agriculture declares a severe drought emergency, it is illegal within the affected area to set fire to any wildlands, build a campfire or bonfire, or burn trash or other debris without a written permit from the Florida Forest Service.1The Florida Legislature. Florida Code 590 – Section 590.081 Severe Drought Conditions; Burning Prohibited In everyday terms, that covers almost anything a resident might light outside:
- Burning leaves, palm fronds, brush, and tree trimmings on your own property
- Recreational campfires and bonfires in pits, rings, or on open ground
- Burn barrels used for paper, cardboard, or household debris
- Land-clearing fires for construction or property maintenance
Florida’s Department of Environmental Protection defines open burning as any outdoor fire where smoke goes directly into the air rather than through a stack or chimney, a definition broad enough to capture nearly any uncontained flame outside.2Florida Department of Environmental Protection. Open Burning Outside of a ban, some recreational and yard-waste burning is allowed without authorization. Under a ban, the default flips: everything is prohibited unless a specific written permit says otherwise.
What’s Still Allowed
Cooking on barbecue grills and pits generally remains legal during a burn ban as long as the fire stays contained. County ordinances typically allow grills that don’t exceed three feet in diameter and two feet in height.3Polk County Government. Declaration of Fire Department Burn Ban 25-02 Gas and charcoal both qualify. Place the grill on a non-combustible surface, keep it away from overhanging branches, and don’t leave it unattended.
Agricultural and silvicultural burning can still proceed under a written authorization from the Florida Forest Service.4Florida Department of Agriculture and Consumer Services. Burn Authorizations These authorizations come with strict conditions on wind direction, timing, certified personnel, and on-site containment equipment, and the Forest Service can halt operations when fire danger spikes.5Cornell Law Institute. Florida Administrative Code 5I-2.006 – Open Burning Allowed If you’re a homeowner, don’t count on qualifying. These permits exist mainly for commercial farming and forestry.
Some counties also exempt properly permitted fireworks displays and fires for religious or ceremonial purposes, but exemptions vary from place to place. Check your county’s ordinance before assuming any activity is safe.
Penalties for Violating a Burn Ban
Breaking a state-declared severe drought emergency is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.1The Florida Legislature. Florida Code 590 – Section 590.081 Severe Drought Conditions; Burning Prohibited Law enforcement officers and forest rangers can issue citations on the spot and order the fire extinguished. People who expect a warning instead of a criminal record are often surprised.
The Florida Forest Service can also impose administrative fines of up to $5,000 per violation of the state’s forest protection laws, and each day a violation continues counts as a separate offense.6The Florida Legislature. Florida Code 590 – Forest Protection A fire left smoldering across a weekend can multiply the penalty fast.
Civil liability is where the real financial exposure sits. If your illegal fire escapes and requires an emergency response, you can be billed for the equipment, personnel, and aircraft hours used to contain it. Those suppression costs can reach tens of thousands of dollars depending on how far the fire spreads and what resources are deployed.
How to Check Whether a Ban Is Active in Your Area
The Florida Forest Service operates a Fire Management Information System that maps active wildfires and open burn authorizations statewide.7Florida Department of Agriculture and Consumer Services. Wildland Fire It also tracks the Keetch-Byram Drought Index, a soil and ground-cover dryness measure that runs from 0 (saturated) to 800 (extreme drought).8Florida Department of Agriculture and Consumer Services. Keetch-Byram Drought Index (KBDI) When your county’s reading climbs into the upper ranges, a ban is likely active or on the way.
The state map isn’t the whole picture. Your county emergency management office or board of county commissioners website is the most reliable place to confirm local restrictions, which often trigger automatically at a set drought index threshold. Sarasota County, for example, imposes a countywide ban when the KBDI reaches 500 or above. A county can restrict burning before the state does, and local rules can carry their own exemptions and definitions.
Who Can Declare a Burn Ban
Florida has two main state-level paths. Under Section 590.081, the Commissioner of Agriculture can declare a severe drought emergency, define its geographic boundaries, and ban most open burning inside them. The declaration takes effect the moment it is filed with the Department of State and remains in force until the Commissioner files a formal revocation.1The Florida Legislature. Florida Code 590 – Section 590.081 Severe Drought Conditions; Burning Prohibited There is no fixed expiration. Section 590.082 gives the Governor a separate proclamation power during periods of extraordinary fire hazard.
Counties and municipalities layer their own ordinances on top. Because state and local bans can overlap, your area may be under active restrictions even when no statewide emergency has been declared, which is why checking both sources matters before you strike a match.