HB 0153 2004
1	A bill to be entitled
2	An act relating to the Florida Litter Law; amending s.
3	403.413, F.S.; revising language that prohibits the
4	dumping of litter in or on private property under certain
5	circumstances; requiring that the community service
6	imposed for certain violations be performed in specified
7	areas; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Paragraph (c) of subsection (4) and subsection
12	(6) of section 403.413, Florida Statutes, are amended to read:
13	403.413 Florida Litter Law.--
14	(4) DUMPING LITTER PROHIBITED.--Unless otherwise
15	authorized by law or permit, it is unlawful for any person to
16	dump litter in any manner or amount:
17	(c) In or on any private property, unless prior consent of
18	the owner has been given and unless the dumping ofsuch litter
19	will not cause a public nuisance or otherwisebe in violation of
20	any other state or local law, rule, or regulation.
21	(6) PENALTIES; ENFORCEMENT.--
22	(a) Any person who dumps litter in violation of subsection
23	(4) in an amount not exceeding 15 pounds in weight or 27 cubic
24	feet in volume and not for commercial purposes is guilty of a
25	noncriminal infraction, punishable by a civil penalty of $50. In
26	addition, the court may require the violator to pick up litter
27	or perform other labor commensurate with the offense committed.
28	(b) Any person who dumps litter in violation of subsection
29	(4) in an amount exceeding 15 pounds in weight or 27 cubic feet
30	in volume, but not exceeding 500 pounds in weight or 100 cubic
31	feet in volume and not for commercial purposes is guilty of a
32	misdemeanor of the first degree, punishable as provided in s.
33	775.082 or s. 775.083. In addition, the court shall require the
34	violator to pick up litter or perform other community service in
35	the community, area, or neighborhood where the violation
36	occurredcommensurate with the offense committed. Further, if
37	the violation involves the use of a motor vehicle, upon a
38	finding of guilt, whether or not adjudication is withheld or
39	whether imposition of sentence is withheld, deferred, or
40	suspended, the court shall forward a record of the finding to
41	the Department of Highway Safety and Motor Vehicles, which shall
42	record a penalty of three points on the violator's driver's
43	license pursuant to the point system established by s. 322.27.
44	(c) Any person who dumps litter in violation of subsection
45	(4) in an amount exceeding 500 pounds in weight or 100 cubic
46	feet in volume or in any quantity for commercial purposes, or
47	dumps litter which is a hazardous waste as defined in s.
48	403.703, is guilty of a felony of the third degree, punishable
49	as provided in s. 775.082 or s. 775.083. In addition, the court
50	may order the violator to:
51	1. Remove or render harmless the litter that he or she
52	dumped in violation of this section;
53	2. Repair or restore property damaged by, or pay damages
54	for any damage arising out of, his or her dumping litter in
55	violation of this section; or
56	3. Perform public service relating to the removal of
57	litter dumped in violation of this section or to the restoration
58	of an area polluted by litter dumped in violation of this
59	section; or
60	4. Perform community service relating to beautification of
61	the general area where the dumping occurred.
62	(d) A court may enjoin a violation of this section.
63	(e) A motor vehicle, vessel, aircraft, container, crane,
64	winch, or machine used to dump litter that exceeds 500 pounds in
65	weight or 100 cubic feet in volume is declared contraband and is
66	subject to forfeiture in the same manner as provided in ss.
67	932.703 and 932.704.
68	(f) If a person sustains damages arising out of a
69	violation of this section that is punishable as a felony, a
70	court, in a civil action for such damages, shall order the
71	person to pay the injured party threefold the actual damages or
72	$200, whichever amount is greater. In addition, the court shall
73	order the person to pay the injured party's court costs and
74	attorney's fees. A final judgment rendered in a criminal
75	proceeding against a defendant under this section estops the
76	defendant from asserting any issue in a subsequent civil action
77	under this paragraph which he or she would be estopped from
78	asserting if such judgment were rendered in the civil action
79	unless the criminal judgment was based upon a plea of no contest
80	or nolo contendere.
81	(g) For the purposes of this section, if a person dumps
82	litter or raw human waste from a commercial vehicle, that person
83	is presumed to have dumped the litter or raw human waste for
84	commercial purposes.
85	(h) In the criminal trial of a person charged with
86	violating this section, the state does not have the burden of
87	proving that the person did not have the right or authority to
88	dump the litter or raw human waste or that litter or raw human
89	waste dumped on private property causes a public nuisance. The
90	defendant has the burden of proving that he or she had authority
91	to dump the litter or raw human waste and that the litter or raw
92	human waste dumped does not cause a public nuisance.
93	(i) It shall be the duty of all law enforcement officers
94	to enforce the provisions of this section.
95	(j) Any person who violates the provisions of
96	subsection(5) is guilty of a misdemeanor of the second degree,
97	punishable as provided in s. 775.082 or s. 775.083; provided,
98	however, that any person who dumps more than 500 pounds or more
99	than 100 cubic feet of raw human waste, or who dumps any
100	quantity of such waste for commercial purposes, is guilty of a
101	felony of the third degree, punishable as provided in paragraph
102	(c).
103	Section 2. This act shall take effect upon becoming a law.