Senate Bill sb0550

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    Florida Senate - 2004                                   SB 550

    By Senator Dawson





    29-580-04

  1                      A bill to be entitled

  2         An act relating to the Florida Litter Law;

  3         amending s. 403.413, F.S.; clarifying an

  4         exception to a prohibition against dumping

  5         litter on private property; requiring that the

  6         community service imposed for certain

  7         violations be performed in specified areas;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsections (4) and (6) of section 403.413,

13  Florida Statutes, are amended to read:

14         403.413  Florida Litter Law.--

15         (4)  DUMPING LITTER PROHIBITED.--Unless otherwise

16  authorized by law or permit, it is unlawful for any person to

17  dump litter in any manner or amount:

18         (a)  In or on any public highway, road, street, alley,

19  or thoroughfare, including any portion of the right-of-way

20  thereof, or any other public lands, except in containers or

21  areas lawfully provided therefor.  When any litter is thrown

22  or discarded from a motor vehicle, the operator or owner of

23  the motor vehicle, or both, shall be deemed in violation of

24  this section;

25         (b)  In or on any freshwater lake, river, canal, or

26  stream or tidal or coastal water of the state, including

27  canals.  When any litter is thrown or discarded from a boat,

28  the operator or owner of the boat, or both, shall be deemed in

29  violation of this section; or

30         (c)  In or on any private property, unless prior

31  consent of the owner has been given and unless such litter by

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    Florida Senate - 2004                                   SB 550
    29-580-04




 1  such person will not cause a public nuisance or be in

 2  violation of any other state or local law, rule, or

 3  regulation.

 4         (6)  PENALTIES; ENFORCEMENT.--

 5         (a)  Any person who dumps litter in violation of

 6  subsection (4) in an amount not exceeding 15 pounds in weight

 7  or 27 cubic feet in volume and not for commercial purposes is

 8  guilty of a noncriminal infraction, punishable by a civil

 9  penalty of $50.  In addition, the court may require the

10  violator to pick up litter or perform other labor commensurate

11  with the offense committed.

12         (b)  Any person who dumps litter in violation of

13  subsection (4) in an amount exceeding 15 pounds in weight or

14  27 cubic feet in volume, but not exceeding 500 pounds in

15  weight or 100 cubic feet in volume and not for commercial

16  purposes is guilty of a misdemeanor of the first degree,

17  punishable as provided in s. 775.082 or s. 775.083.  In

18  addition, the court shall require the violator to pick up

19  litter or perform other community service in the community,

20  area, or neighborhood where the violation occurred,

21  commensurate with the offense committed.  Further, if the

22  violation involves the use of a motor vehicle, upon a finding

23  of guilt, whether or not adjudication is withheld or whether

24  imposition of sentence is withheld, deferred, or suspended,

25  the court shall forward a record of the finding to the

26  Department of Highway Safety and Motor Vehicles, which shall

27  record a penalty of three points on the violator's driver's

28  license pursuant to the point system established by s. 322.27.

29         (c)  Any person who dumps litter in violation of

30  subsection (4) in an amount exceeding 500 pounds in weight or

31  100 cubic feet in volume or in any quantity for commercial

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    Florida Senate - 2004                                   SB 550
    29-580-04




 1  purposes, or dumps litter which is a hazardous waste as

 2  defined in s. 403.703, is guilty of a felony of the third

 3  degree, punishable as provided in s. 775.082 or s. 775.083.

 4  In addition, the court may order the violator to:

 5         1.  Remove or render harmless the litter that he or she

 6  dumped in violation of this section;

 7         2.  Repair or restore property damaged by, or pay

 8  damages for any damage arising out of, his or her dumping

 9  litter in violation of this section; or

10         3.  Perform public service relating to the removal of

11  litter dumped in violation of this section or to the

12  restoration of an area polluted by litter dumped in violation

13  of this section; or.

14         4.  Perform community service relating to

15  beautification of the general area where the dumping occurred.

16         (d)  A court may enjoin a violation of this section.

17         (e)  A motor vehicle, vessel, aircraft, container,

18  crane, winch, or machine used to dump litter that exceeds 500

19  pounds in weight or 100 cubic feet in volume is declared

20  contraband and is subject to forfeiture in the same manner as

21  provided in ss. 932.703 and 932.704.

22         (f)  If a person sustains damages arising out of a

23  violation of this section that is punishable as a felony, a

24  court, in a civil action for such damages, shall order the

25  person to pay the injured party threefold the actual damages

26  or $200, whichever amount is greater. In addition, the court

27  shall order the person to pay the injured party's court costs

28  and attorney's fees. A final judgment rendered in a criminal

29  proceeding against a defendant under this section estops the

30  defendant from asserting any issue in a subsequent civil

31  action under this paragraph which he or she would be estopped

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    Florida Senate - 2004                                   SB 550
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 1  from asserting if such judgment were rendered in the civil

 2  action unless the criminal judgment was based upon a plea of

 3  no contest or nolo contendere.

 4         (g)  For the purposes of this section, if a person

 5  dumps litter or raw human waste from a commercial vehicle,

 6  that person is presumed to have dumped the litter or raw human

 7  waste for commercial purposes.

 8         (h)  In the criminal trial of a person charged with

 9  violating this section, the state does not have the burden of

10  proving that the person did not have the right or authority to

11  dump the litter or raw human waste or that litter or raw human

12  waste dumped on private property causes a public nuisance. The

13  defendant has the burden of proving that he or she had

14  authority to dump the litter or raw human waste and that the

15  litter or raw human waste dumped does not cause a public

16  nuisance.

17         (i)  It shall be the duty of all law enforcement

18  officers to enforce the provisions of this section.

19         (j)  Any person who violates the provisions of

20  subsection (5) is guilty of a misdemeanor of the second

21  degree, punishable as provided in s. 775.082 or s. 775.083;

22  provided, however, that any person who dumps more than 500

23  pounds or more than 100 cubic feet of raw human waste, or who

24  dumps any quantity of such waste for commercial purposes, is

25  guilty of a felony of the third degree, punishable as provided

26  in paragraph (c).

27         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                   SB 550
    29-580-04




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 2                          SENATE SUMMARY

 3    Clarifies that litter may not be dumped on private
      property, unless consent of property owner is obtained,
 4    and such litter by such person will not cause a public
      nuisance or violate any other law or regulation. Requires
 5    that community service imposed for certain violations of
      the Florida Litter Law be performed in the community,
 6    area, or neighborhood where the violation occurred.

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