Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for HB 321
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .            Floor: C            
             03/04/2024 03:45 PM       .      03/05/2024 06:38 PM       

       Senator DiCeglie moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 48 - 69
    4  and insert:
    5         (4) This section does not apply to a person 6 years of age
    6  or younger Any person may petition the circuit court to enjoin
    7  the release of 10 or more balloons if that person is a citizen
    8  of the county in which the balloons are to be released.
    9         Section 2. Paragraphs (d) and (f) of subsection (2) and
   10  paragraph (a) of subsection (6) of section 403.413, Florida
   11  Statutes, are amended to read:
   12         403.413 Florida Litter Law.—
   13         (2) DEFINITIONS.—As used in this section:
   14         (d) “Dump” means to dump, throw, discard, place, deposit,
   15  drain, discharge, or dispose of. The term includes, with respect
   16  to balloons, to intentionally release, organize the release of,
   17  or intentionally cause to be released.
   18         (f) “Litter” means any personal property; garbage; rubbish;
   19  trash; refuse; can; bottle; box; container; paper; balloon;
   20  tobacco product; pharmaceutical of any kind; tire; household
   21  item; shed; appliance; mechanical equipment or part; building or
   22  construction material; tool; machinery; wood; motor vehicle or
   23  motor vehicle part, including a truck, trailer, or motor home;
   24  vessel; aircraft; farm machinery or equipment; sludge from a
   25  waste treatment facility, water supply treatment plant, or air
   26  pollution control facility; or substance in any form resulting
   27  from domestic, industrial, commercial, mining, agricultural, or
   28  governmental operations, but excluding permitted, regulated, or
   29  authorized drainage, pumping, or runoff of surface water or
   30  stormwater.
   31         (6) PENALTIES; ENFORCEMENT.—
   32         (a)1. Except as provided in subparagraphs subparagraph 2.
   33  and 3., any person who dumps litter in violation of subsection
   34  (4) in an amount not exceeding 15 pounds in weight or 27 cubic
   35  feet in volume and not for commercial purposes commits a
   36  noncriminal infraction, punishable by a civil penalty of $150,
   37  from which $50 shall be deposited into the Solid Waste
   38  Management Trust Fund to be used for the solid waste management
   39  grant program pursuant to s. 403.7095.
   40         2.a. If a person violates subparagraph 1. by intentionally
   41  dumping litter onto private property for the purpose of
   42  intimidating or threatening the owner, resident, or invitee of
   43  such property, the person commits a misdemeanor of the first
   44  degree, punishable as provided in s. 775.082 or s. 775.083.
   45         b. If a person violates subparagraph 1. by intentionally
   46  dumping litter onto private property for the purpose of
   47  intimidating the owner, resident, or invitee of such property
   48  and such litter contains a credible threat, the person commits a
   49  felony of the third degree, punishable as provided in s.
   50  775.082, s. 775.083, or s. 775.084. For purposes of this
   51  subparagraph, the term “credible threat” has the same meaning as
   52  in s. 784.048(1).
   53         c. If the penalty for a violation of this subparagraph is
   54  reclassified under s. 775.085, such a violation is considered a
   55  hate crime for purposes of the reporting requirements of s.
   56  877.19.
   57         3.A person who is 6 years of age or younger who
   58  intentionally releases, organizes the release of, or
   59  intentionally causes to be released balloons as prohibited by s.
   60  379.233 does not violate subsection (4) and is not subject to
   61  the penalties specified in subparagraph 1.
   63  In addition, the court may require a person who violates this
   64  subsection to pick up litter or perform other labor commensurate
   65  with the offense committed.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete lines 10 - 14
   70  and insert:
   71         penalty for such violation; providing applicability;
   72         deleting a provision authorizing petitions to enjoin
   73         the release of balloons under certain circumstances;
   74         amending s. 403.413, F.S.; revising the definitions of
   75         the terms “dump” and “litter”; exempting certain
   76         persons from litter law penalties relating to the
   77         release of balloons; reenacting s. 403.4135(1), F.S.,