Senate Bill sb1728

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1728

    By Senator Rich





    34-806-07                                           See HB 601

  1                      A bill to be entitled

  2         An act relating to littering; amending s.

  3         403.413, F.S.; requiring that any labor

  4         required of specified offenders be performed

  5         within the same zip code as the offense;

  6         revising terminology; providing an effective

  7         date.

  8  

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

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11         Section 1.  Paragraphs (a), (b), (c), and (j) of

12  subsection (6) of section 403.413, Florida Statutes, are

13  amended to read:

14         403.413  Florida Litter Law.--

15         (6)  PENALTIES; ENFORCEMENT.--

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

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

18  or 27 cubic feet in volume and not for commercial purposes

19  commits is guilty of a noncriminal infraction, punishable by a

20  civil penalty of $100, from which $50 shall be deposited into

21  the Solid Waste Management Trust Fund to be used for the solid

22  waste management grant program pursuant to s. 403.7095. In

23  addition, the court may require the violator to pick up litter

24  or perform other labor commensurate with and within the same

25  zip code as the offense committed.

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

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

28  27 cubic feet in volume, but not exceeding 500 pounds in

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

30  purposes commits is guilty of a misdemeanor of the first

31  degree, punishable as provided in s. 775.082 or s. 775.083. In

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1728
    34-806-07                                           See HB 601




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

 2  litter or perform other community service commensurate with

 3  and within the same zip code as the offense committed.

 4  Further, if the violation involves the use of a motor vehicle,

 5  upon a finding of guilt, whether or not adjudication is

 6  withheld or whether imposition of sentence is withheld,

 7  deferred, or suspended, the court shall forward a record of

 8  the finding to the Department of Highway Safety and Motor

 9  Vehicles, which shall record a penalty of three points on the

10  violator's driver's license pursuant to the point system

11  established by s. 322.27.

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

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

14  100 cubic feet in volume or in any quantity for commercial

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

16  defined in s. 403.703, commits is guilty of a felony of the

17  third degree, punishable as provided in s. 775.082 or s.

18  775.083. In addition, the court may order the violator to:

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

20  dumped in violation of this section;

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

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

23  litter in violation of this section; or

24         3.  Perform public service relating to the removal of

25  litter dumped in violation of this section or to the

26  restoration of an area polluted by litter dumped in violation

27  of this section within the same zip code as the violation.

28         (j)  Any person who violates the provisions of

29  subsection (5) commits is guilty of a misdemeanor of the

30  second degree, punishable as provided in s. 775.082 or s.

31  775.083; provided, however, that any person who dumps more

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    Florida Senate - 2007                                  SB 1728
    34-806-07                                           See HB 601




 1  than 500 pounds or more than 100 cubic feet of raw human

 2  waste, or who dumps any quantity of such waste for commercial

 3  purposes, commits is guilty of a felony of the third degree,

 4  punishable as provided in paragraph (c).

 5         Section 2.  This act shall take effect July 1, 2007.

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CODING: Words stricken are deletions; words underlined are additions.