| 1 | A bill to be entitled |
| 2 | An act relating to littering; amending s. 403.413, F.S.; |
| 3 | requiring that any labor required of specified offenders |
| 4 | be performed within the same municipality or, if the |
| 5 | violation is committed in an unincorporated area, the same |
| 6 | county as that in which the offense was committed; |
| 7 | revising terminology; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraphs (a), (b), (c), and (j) of subsection |
| 12 | (6) of section 403.413, Florida Statutes, are amended to read: |
| 13 | 403.413 Florida Litter Law.-- |
| 14 | (6) PENALTIES; ENFORCEMENT.-- |
| 15 | (a) Any person who dumps litter in violation of subsection |
| 16 | (4) in an amount not exceeding 15 pounds in weight or 27 cubic |
| 17 | feet in volume and not for commercial purposes commits is guilty |
| 18 | of a noncriminal infraction, punishable by a civil penalty of |
| 19 | $100, from which $50 shall be deposited into the Solid Waste |
| 20 | Management Trust Fund to be used for the solid waste management |
| 21 | grant program pursuant to s. 403.7095. In addition, the court |
| 22 | may require the violator to pick up litter or perform other |
| 23 | labor commensurate with the offense committed. Such services |
| 24 | shall be performed within the same municipality or, if the |
| 25 | violation is committed in an unincorporated area, the same |
| 26 | county as that in which the offense was committed. |
| 27 | (b) Any person who dumps litter in violation of subsection |
| 28 | (4) in an amount exceeding 15 pounds in weight or 27 cubic feet |
| 29 | in volume, but not exceeding 500 pounds in weight or 100 cubic |
| 30 | feet in volume and not for commercial purposes commits is guilty |
| 31 | of a misdemeanor of the first degree, punishable as provided in |
| 32 | s. 775.082 or s. 775.083. In addition, the court shall require |
| 33 | the violator to pick up litter or perform other community |
| 34 | service commensurate with the offense committed. Such services |
| 35 | shall be performed within the same municipality or, if the |
| 36 | violation is committed in an unincorporated area, the same |
| 37 | county as that in which the offense was committed. Further, if |
| 38 | the violation involves the use of a motor vehicle, upon a |
| 39 | finding of guilt, whether or not adjudication is withheld or |
| 40 | whether imposition of sentence is withheld, deferred, or |
| 41 | suspended, the court shall forward a record of the finding to |
| 42 | the Department of Highway Safety and Motor Vehicles, which shall |
| 43 | record a penalty of three points on the violator's driver's |
| 44 | license pursuant to the point system established by s. 322.27. |
| 45 | (c) Any person who dumps litter in violation of subsection |
| 46 | (4) in an amount exceeding 500 pounds in weight or 100 cubic |
| 47 | feet in volume or in any quantity for commercial purposes, or |
| 48 | dumps litter which is a hazardous waste as defined in s. |
| 49 | 403.703, commits is guilty of a felony of the third degree, |
| 50 | punishable as provided in s. 775.082 or s. 775.083. In addition, |
| 51 | the court may order the violator to: |
| 52 | 1. Remove or render harmless the litter that he or she |
| 53 | dumped in violation of this section; |
| 54 | 2. Repair or restore property damaged by, or pay damages |
| 55 | for any damage arising out of, his or her dumping litter in |
| 56 | violation of this section; or |
| 57 | 3. Perform public service relating to the removal of |
| 58 | litter dumped in violation of this section or to the restoration |
| 59 | of an area polluted by litter dumped in violation of this |
| 60 | section, within the same municipality or, if the violation is |
| 61 | committed in an unincorporated area, the same county as that in |
| 62 | which the offense was committed. |
| 63 | (j) Any person who violates the provisions of subsection |
| 64 | (5) commits is guilty of a misdemeanor of the second degree, |
| 65 | punishable as provided in s. 775.082 or s. 775.083; provided, |
| 66 | however, that any person who dumps more than 500 pounds or more |
| 67 | than 100 cubic feet of raw human waste, or who dumps any |
| 68 | quantity of such waste for commercial purposes, commits is |
| 69 | guilty of a felony of the third degree, punishable as provided |
| 70 | in paragraph (c). |
| 71 | Section 2. This act shall take effect July 1, 2007. |