Senate Bill sb1728c1

    Florida Senate - 2007                           CS for SB 1728

    By the Committee on Environmental Preservation and
    Conservation; and Senator Rich




    592-2280-07

  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 municipality, or county if the

  6         violation is committed in an unincorporated

  7         area, as the offense; revising terminology;

  8         providing an effective date.

  9  

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

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

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

14  amended to read:

15         403.413  Florida Litter Law.--

16         (6)  PENALTIES; ENFORCEMENT.--

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

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

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

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

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

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

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

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

25  or perform other labor commensurate with the offense

26  committed. Such services must be performed within the same

27  municipality, or county if the violation is committed in an

28  unincorporated area, as the offense committed.

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

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

31  27 cubic feet in volume, but not exceeding 500 pounds in

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






    Florida Senate - 2007                           CS for SB 1728
    592-2280-07




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

 2  purposes commits is guilty of a misdemeanor of the first

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

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

 5  litter or perform other community service commensurate with

 6  the offense committed. Such services must be performed within

 7  the same municipality, or county if the violation is committed

 8  in an unincorporated area, as the offense committed. Further,

 9  if the violation involves the use of a motor vehicle, upon a

10  finding of guilt, whether or not adjudication is withheld or

11  whether imposition of sentence is withheld, deferred, or

12  suspended, the court shall forward a record of the finding to

13  the Department of Highway Safety and Motor Vehicles, which

14  shall record a penalty of three points on the violator's

15  driver's license pursuant to the point system established by

16  s. 322.27.

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

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

19  100 cubic feet in volume or in any quantity for commercial

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

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

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

23  775.083. In addition, the court may order the violator to:

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

25  dumped in violation of this section;

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

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

28  litter in violation of this section; or

29         3.  Perform public service relating to the removal of

30  litter dumped in violation of this section or to the

31  restoration of an area polluted by litter dumped in violation

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    Florida Senate - 2007                           CS for SB 1728
    592-2280-07




 1  of this section within the same municipality, or county if the

 2  violation is committed in an unincorporated area, as the

 3  offense committed.

 4         (j)  Any person who violates the provisions of

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

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

 7  775.083; provided, however, that any person who dumps more

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

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

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

11  punishable as provided in paragraph (c).

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

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1728

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17  The committee substitute provides that a person ordered by the
    court to pick up litter or to provide other community service
18  must do so in the municipality, or county if the violation is
    committed in an unincorporated area, as the offense committed.
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CODING: Words stricken are deletions; words underlined are additions.