HB 0293 2003
1	A bill to be entitled
2	An act relating to the Florida Litter Law; amending s.
3	403.413, F.S.; requiring that the community service
4	imposed for certain violations be performed in specified
5	areas; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Subsection (6) of section 403.413, Florida
10	Statutes, is amended to read:
11	403.413 Florida Litter Law.--
12	(6) PENALTIES; ENFORCEMENT.--
13	(a) Any person who dumps litter in violation of subsection
14	(4) in an amount not exceeding 15 pounds in weight or 27 cubic
15	feet in volume and not for commercial purposes is guilty of a
16	noncriminal infraction, punishable by a civil penalty of $50. In
17	addition, the court may require the violator to pick up litter
18	or perform other labor commensurate with the offense committed.
19	(b) Any person who dumps litter in violation of subsection
20	(4) in an amount exceeding 15 pounds in weight or 27 cubic feet
21	in volume, but not exceeding 500 pounds in weight or 100 cubic
22	feet in volume and not for commercial purposes is guilty of a
23	misdemeanor of the first degree, punishable as provided in s.
24	775.082 or s. 775.083. In addition, the court shall require the
25	violator to pick up litter or perform other community servicein
26	the community, area, or neighborhood where the violation
27	occurredcommensurate with the offense committed. Further, if
28	the violation involves the use of a motor vehicle, upon a
29	finding of guilt, whether or not adjudication is withheld or
30	whether imposition of sentence is withheld, deferred, or
31	suspended, the court shall forward a record of the finding to
32	the Department of Highway Safety and Motor Vehicles, which shall
33	record a penalty of three points on the violator's driver's
34	license pursuant to the point system established by s. 322.27.
35	(c) Any person who dumps litter in violation of subsection
36	(4) in an amount exceeding 500 pounds in weight or 100 cubic
37	feet in volume or in any quantity for commercial purposes, or
38	dumps litter which is a hazardous waste as defined in s.
39	403.703, is guilty of a felony of the third degree, punishable
40	as provided in s. 775.082 or s. 775.083. In addition, the court
41	may order the violator to:
42	1. Remove or render harmless the litter that he or she
43	dumped in violation of this section;
44	2. Repair or restore property damaged by, or pay damages
45	for any damage arising out of, his or her dumping litter in
46	violation of this section;or
47	3. Perform public service relating to the removal of
48	litter dumped in violation of this section or to the restoration
49	of an area polluted by litter dumped in violation of this
50	section; or
51	4. Perform community service relating to beautification of
52	the general area where the dumping occurred.
53	(d) A court may enjoin a violation of this section.
54	(e) A motor vehicle, vessel, aircraft, container, crane,
55	winch, or machine used to dump litter that exceeds 500 pounds in
56	weight or 100 cubic feet in volume is declared contraband and is
57	subject to forfeiture in the same manner as provided in ss.
58	932.703 and 932.704.
59	(f) If a person sustains damages arising out of a
60	violation of this section that is punishable as a felony, a
61	court, in a civil action for such damages, shall order the
62	person to pay the injured party threefold the actual damages or
63	$200, whichever amount is greater. In addition, the court shall
64	order the person to pay the injured party's court costs and
65	attorney's fees. A final judgment rendered in a criminal
66	proceeding against a defendant under this section estops the
67	defendant from asserting any issue in a subsequent civil action
68	under this paragraph which he or she would be estopped from
69	asserting if such judgment were rendered in the civil action
70	unless the criminal judgment was based upon a plea of no contest
71	or nolo contendere.
72	(g) For the purposes of this section, if a person dumps
73	litter or raw human waste from a commercial vehicle, that person
74	is presumed to have dumped the litter or raw human waste for
75	commercial purposes.
76	(h) In the criminal trial of a person charged with
77	violating this section, the state does not have the burden of
78	proving that the person did not have the right or authority to
79	dump the litter or raw human waste or that litter or raw human
80	waste dumped on private property causes a public nuisance. The
81	defendant has the burden of proving that he or she had authority
82	to dump the litter or raw human waste and that the litter or raw
83	human waste dumped does not cause a public nuisance.
84	(i) It shall be the duty of all law enforcement officers
85	to enforce the provisions of this section.
86	(j) Any person who violates the provisions of subsection
87	(5) is guilty of a misdemeanor of the second degree, punishable
88	as provided in s. 775.082 or s. 775.083; provided, however, that
89	any person who dumps more than 500 pounds or more than 100 cubic
90	feet of raw human waste, or who dumps any quantity of such waste
91	for commercial purposes, is guilty of a felony of the third
92	degree, punishable as provided in paragraph (c).
93	Section 2. This act shall take effect upon becoming a law.
94