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