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Floridians may face jail time if they toss matches, cigarettes

By Jerome Burdi and Andy Reid
Sun-Sentinel
Copyright 2007 Sun-Sentinel Company
All Rights Reserved

FT. LAUDERDALE, Fla. — Think twice before flicking that cigarette.

With one of the worst droughts in the state’s history upon us, it could start a brush fire. And you could be arrested and fined under a little-known state law dating from 1935.

The law states that anyone throwing a lighted match, cigarette, cigar or anything that can cause a wildfire is subject to a misdemeanor charge punishable by up to a year in jail or a $1,000 fine.

Though no one has been arrested on the charge since the drought began, Jupiter police recently briefed their officers on the law and told them it is enforceable. Other police departments including the Palm Beach County Sheriff’s Office and the Florida Highway Patrol said they would also enforce the statute.

Authorities said they would educate the public before they start making arrests.

“A lot of law enforcement officers oversee this statute and really don’t know it exists with the severity,” Jupiter police spokesman Sgt. Scott Pascarella said. “It’s also littering.”

Some police officials said the difficult part is telling whether the cigarette tossed is lighted or not. If it’s not lighted, a civil $100 fine for littering may be enforced.

The civil fine is pretty common, FHP spokesman Lt. Tim Frith said.

“We get calls from week to week to have the Fire Department respond in the middle of the median,” Frith said. “Under the windy conditions we have currently, it’s very easy for that fire to jump the roadway.”

Palm Beach Gardens Fire-Rescue helped battle a 35-acre brushfire at Frenchman’s Forest Natural Area that forced the evacuation of 10 homes April 7.

What started the fire remains unknown.

Deputy Chief C.R. Brown said 50 firefighters battled that blaze at a cost of close to $20,000.

Fighting a brush fire can potentially slow down response times to other fires since resources are focused on it, Brown said.

“They shouldn’t need a law that says `Don’t throw a cigarette out of the car,’” Brown said. “They should think, `Maybe it’s a little dry right now. Maybe I shouldn’t throw a cigarette out of the car.’”

Rain that rolled through South Florida during the past week failed to provide a significant enough soaking to lift the region out of the drought, according to the National Weather Service.

Palm Beach International Airport has received almost 3 inches of rain so far this month, slightly above normal, but rainfall for the year remains 7 inches below normal.

Lake Okeechobee, a key backup water supply for South Florida, has hit an all-time low for this time of year.

The lake on Tuesday dipped to 9.92 feet above sea level, on track to drop more than a foot below the record low of 8.97 feet set in May 2001.

State Division of Forestry spokesman Scott Peterich said with humidity levels low and the wind as strong as it’s been, brushfires spread very fast.

He said it is also dangerous to sit in an idling car on top of grass.

“What we’re trying to do is get the message out to people these are extremely dry conditions,” he said. “We’re catching small amounts of rain but it’s not enough to alleviate the drought. The vegetation is still very dry and flammable.”