Business Law 101 / ARSON 

By Albert Kelley

Arson is the leading cause of fires in commercial buildings and the second leading cause of residential fires.  More than 2.4 million fires occur annually in the United States. Of these, an estimated 100,000 fires are deliberately set. Arson causes almost 1,000 deaths yearly and contributes over $1.5 billion in property damage. An estimated 100,000 fires are deliberately set. Arson causes almost 1,000 deaths yearly and contributes over $1.5 billion in property damage. In addition, of the roughly one million firefighters in this country, in 2017, 82 died while on duty, 24,495 firefighters were injured in the fireground, 44,530 firefighters were exposed to hazardous materials, and 15,340 firefighting vehicles were in collisions on the way to or from an incident.  Arson takes firefighters away from true emergencies where they can save people in need and needlessly puts them in harms way.

Arson is a serious crime.  If a person damages a structure or any of its contents by fire or explosion, they are guilty of a second-degree misdemeanor.  If the structure is a dwelling, whether or not occupied, any structure where people are usually present, or any structure that the arsonist had a reason to believe was occupied, the crime becomes a first-degree felony. If any person, including a firefighter, is injured as a result of the arson, the arsonist is also guilty of a first-degree misdemeanor. If the injury is great or leads to permanent disfigurement or disability, it is a second-degree felony.

It is not just the person who starts the fire that can get in trouble.  If someone willfully interferes or attempts to interfere or hinder a firefighter doing his duty, they are guilty of a third degree felony.  Similarly, if a person interferes with the vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other instruments or facilities used in the detection, reporting, suppression, or extinguishment of fire, they are also guilty of a third-degree felony.

Related to arson is the use of firebombs.  While arson always involves damage to a structure or contents. The use of firebombs is not so limited. A firebomb is any container containing flammable or combustible liquid, or any incendiary chemical mixture that can be ignited.  It specifically does not include items commercially made for lighting, heating, or cooking. If a person makes, uses, transports, sells, gives away, or offers to sell or transfer a firebomb they are guilty of a third-degree felony. The law specifically does not apply to police or military.

Finally we have the bane of every fireman and schoolchild- the false fire alarm.  There is an old saying that while we have freedom of speech, you cannot yell fire in a crowded theater.  That is absolutely true. Anyone who makes a false fire alarm, whether by yelling or pulling a fire alarm is guilty of a first-degree misdemeanor.  If it is a repeat offense, the penalty rises to a third-degree felony.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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