HB 601

1
A bill to be entitled
2An act relating to littering; amending s. 403.413, F.S.;
3requiring that any labor required of specified offenders
4be performed within the same zip code as the offense;
5revising terminology; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraphs (a), (b), (c), and (j) of subsection
10(6) of section 403.413, Florida Statutes, are amended to read:
11     403.413  Florida Litter Law.--
12     (6)  PENALTIES; ENFORCEMENT.--
13     (a)  Any person who dumps litter in violation of subsection
14(4) in an amount not exceeding 15 pounds in weight or 27 cubic
15feet in volume and not for commercial purposes commits is guilty
16of a noncriminal infraction, punishable by a civil penalty of
17$100, from which $50 shall be deposited into the Solid Waste
18Management Trust Fund to be used for the solid waste management
19grant program pursuant to s. 403.7095. In addition, the court
20may require the violator to pick up litter or perform other
21labor commensurate with and within the same zip code as the
22offense committed.
23     (b)  Any person who dumps litter in violation of subsection
24(4) in an amount exceeding 15 pounds in weight or 27 cubic feet
25in volume, but not exceeding 500 pounds in weight or 100 cubic
26feet in volume and not for commercial purposes commits is guilty
27of a misdemeanor of the first degree, punishable as provided in
28s. 775.082 or s. 775.083. In addition, the court shall require
29the violator to pick up litter or perform other community
30service commensurate with and within the same zip code as the
31offense committed. Further, if the violation involves the use of
32a motor vehicle, upon a finding of guilt, whether or not
33adjudication is withheld or whether imposition of sentence is
34withheld, deferred, or suspended, the court shall forward a
35record of the finding to the Department of Highway Safety and
36Motor Vehicles, which shall record a penalty of three points on
37the violator's driver's license pursuant to the point system
38established by s. 322.27.
39     (c)  Any person who dumps litter in violation of subsection
40(4) in an amount exceeding 500 pounds in weight or 100 cubic
41feet in volume or in any quantity for commercial purposes, or
42dumps litter which is a hazardous waste as defined in s.
43403.703, commits is guilty of a felony of the third degree,
44punishable as provided in s. 775.082 or s. 775.083. In addition,
45the court may order the violator to:
46     1.  Remove or render harmless the litter that he or she
47dumped in violation of this section;
48     2.  Repair or restore property damaged by, or pay damages
49for any damage arising out of, his or her dumping litter in
50violation of this section; or
51     3.  Perform public service relating to the removal of
52litter dumped in violation of this section or to the restoration
53of an area polluted by litter dumped in violation of this
54section within the same zip code as the violation.
55     (j)  Any person who violates the provisions of subsection
56(5) commits is guilty of a misdemeanor of the second degree,
57punishable as provided in s. 775.082 or s. 775.083; provided,
58however, that any person who dumps more than 500 pounds or more
59than 100 cubic feet of raw human waste, or who dumps any
60quantity of such waste for commercial purposes, commits is
61guilty of a felony of the third degree, punishable as provided
62in paragraph (c).
63     Section 2.  This act shall take effect July 1, 2007.


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