The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1368
INTRODUCER: Community Affairs Committee and Senator Wright
SUBJECT: Unlawful Dumping
DATE: April 18, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Hunter Ryon CA Fav/CS
3. Carroll Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1368 amends the Florida Litter Law. The bill adds to drain and to discharge to the
definition of “dump.” The bill also adds personal property, pharmaceuticals of any kind,
household items, sheds, trucks, trailers, and motorhomes to the definition of “litter.” The bill
defines “water control district” (WCD) as a WCD that exists pursuant to chapter 298, F.S.,
concerning drainage and water control, or was created by special act of the Legislature.
The bill makes it unlawful for any person to dump litter in or on any WCD property or canal
right-of-way, unless the person has prior consent. When any litter is thrown or discarded from a
boat, the operator or owner of the boat, or both, are in violation of the Florida Litter Law.
The bill requires a member of a WCD board of directors or a district manager who discovers that
a person has committed unlawful dumping in or on WCD property or canal right-of-way without
prior consent to report the incident to the appropriate law enforcement agency. The bill allows a
law enforcement officer to enter any district canal right-of-way, property, or facility to respond
to such an incident.
The bill provides that land owned by a WCD or that was created by special act of the Legislature
is “posted land” if signs are placed at or near the intersection of any district canal right-of-way
and a road right-of-way.
The bill is effective October 1, 2023.
REVISED: BILL: CS/SB 1368 Page 2
II. Present Situation:
Aquatic Trash
Trash that escapes into waterways affects water quality, endangers plants and animals, and
pollutes areas used for tourism and recreation.
1
Trash can easily end up in waterways if it is not
properly disposed of, because stormwater runoff and wind carry it into storm drain, streams,
canals, and rivers. Trash also may end up in waterways because of illegal dumping, especially in
places where there is a lack of regular trash pickup services or publicly available dumpsters.
2
Trash can travel long distances and often ends up in the ocean. Marine debris often includes
plastic, metal, rubber, paper, textiles, microplastics, derelict fishing gear, and abandoned and
derelict vessels.
3
The images below show debris accumulation in a canal in South Florida.
4
Florida Litter Law
Florida law prohibits dumping litter in any manner or amount unless otherwise authorized by law
or permit:
In or on any public highway, road, street, alley, or thoroughfare, including any portion of the
right-of-way thereof, or any other public lands, except in containers or areas lawfully
provided therefor. The owner and/or operator of a motor vehicle violates this law if litter is
thrown or discarded from the vehicle;
1
U.S. Environmental Protection Agency (EPA), Learn about Aquatic Trash, available at https://www.epa.gov/trash-free-
waters/learn-about-aquatic-trash (last visited Mar. 25, 2023).
2
Id.
3
Id.; National Oceanic and Atmospheric Administration (NOAA), What is Marine Debris?, available at
https://marinedebris.noaa.gov/discover-marine-debris/what-marine-debris (last visited Mar. 25, 2023).
4
Rich Virgil, South Florida Water Management District, Aquatic Vegetation, Litter, and Debris Entering District Waterways,
232 (2022), available at https://d3n9y02raazwpg.cloudfront.net/sfwmd/d0abad98-f938-11ec-baa3-0050569183fa-72fe29af-
2810-417d-9194-0eba8f28d3a3-1670874235.pdf. BILL: CS/SB 1368 Page 3
In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state,
including canals. The owner and/or operator of a boat is in violation of this law if litter is
thrown or discarded from the boat;
In or on any private property, unless the owner has given consent and dumping the litter will
not cause a public nuisance or otherwise be in violation of any other state or local law, rule,
or regulation.
5
Litter is defined as any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco
product; tire; appliance; mechanical equipment or part; building or construction material; tool;
machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or
equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution
control facility; or substance in any form resulting from domestic, industrial, commercial,
mining, agricultural, or governmental operations.
6
Littering Penalties
Violation Degree of
Offense
Fine or
Incarceration
Additional Penalties
Dumping no more than
15 lbs. or 27 ft. of litter
(not for commercial
purposes)
Noncriminal
infraction
Fine: $150
May be required to pick up
litter or perform other
community service
Dumping 15-500 lbs. or
27-100 ft. of litter
(not for commercial
purposes)
1
st
Degree
Misdemeanor
Max: $1,000
Max: one year
Will be required to pick up
litter or perform community
service; three-point penalty
on violator’s driver license if
applicable
Dumping over 500 lbs. or
100 ft. of litter or any
quantity for commercial
purposes; dumping
hazardous waste
3
rd
Degree
Felony
Max: $5,000
Max: five
years
May be required to remove
or render the litter harmless,
repair or restore property
damaged by the litter, pay
damages for harm caused by
the litter, or perform
community service
In addition to the penalties on the previous page, a motor vehicle, vessel, aircraft, container,
crane, winch, or machine used to dump litter than exceeds 500 pounds in weight or 100 cubic
feet in volume is declared contraband and subject to forfeiture.
7
All law enforcement officers are
charged with enforcement of Florida’s litter law.
5
Section 403.413(4), F.S.
6
Section 403.413(2), F.S.
7
Section 40.413(6), F.S. BILL: CS/SB 1368 Page 4
Special Districts
A special district is a unit of local government created for a particular purpose, with jurisdiction
to operate within a limited geographic boundary.
8
Special districts are created by general law,
special act, local ordinance, or by rule of the governor and cabinet.
9
A special district has only
those powers expressly provided by, or reasonably implied from, the authority provided in the
district’s charter.
10
Special districts provide specific municipal services in addition to, or in place
of, those provided by a municipality or county.
11
Special districts are funded through the
imposition of ad valorem taxes, fees, or charges on the users of those services as authorized by
law.
12
Water Control Districts
Chapter 298, F.S., governs the creation and operation of water control districts (WCDs). WCDs
include water management districts or drainage districts created pursuant to the method
authorized in ch. 298, F.S., or water management districts created by special act.
13
A WCD has
the authority to construct, complete, operate, maintain, repair, and replace any and all works and
improvement necessary to execute the water control plan adopted by the WCD.
14
A WCD is
authorized to acquire real property.
15
Posted Land
“Posted land” is land where no trespassing signs are placed along, and at each corner of the
boundaries of the land at 500-foot intervals or less. The signs must be clearly visible and bear the
words “no trespassing” in letters two or more inches in height, and include the name of the
owner, lessee, or occupant of the land.
16
“Posted land” also includes land where conspicuous, orange “no trespassing” notices are painted
on trees or posts on the property at 500-foot intervals or less. The painted letters must be at least
two inches high and one inch wide and placed between three and five feet from the ground.
Painted notices must be accompanied by signs bearing the words “no trespassing,” and include
the name of the owner, lessee, or occupant of the land that are placed conspicuously at property
entrances.
17
8
Florida Assoc. of Special Districts, What is a Special District, available at https://www.fasd.com/what-is-a-special-district-
(last visited Mar. 25, 2023).
9
See ss. 189.031(3), 189.02(1), and 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
10
2020 – 2022 Local Gov’t Formation Manual, 64, available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Se
ssion=2021&DocumentType=General+Publications&FileName=2021-2022+Local+Government+Formation+Manual.pdf
(last visited Mar. 25, 2023).
11
Id.
12
Id. at 70-73.
13
Section 298.001, F.S.
14
Section 298.22, F.S.
15
Id.
16
Section 810.011(5), F.S.
17
Section 810.011(5), F.S. BILL: CS/SB 1368 Page 5
III. Effect of Proposed Changes:
Section 1 amends s. 403.413, F.S., to add drain and discharge to the definition of “dump.” The
bill adds the following to the definition of “litter:”
Personal property,
Pharmaceuticals of any kind,
Household items,
Sheds,
Trucks,
Trailers, and
Motorhomes.
The bill specifically excludes from the definition of litter any substances resulting from
permitted, regulated, or authorized drainage, pumping, or runoff of surface water or stormwater.
The bill defines “water control district” (WCD) as a WCD that exists pursuant to ch. 298, F.S.,
concerning drainage and water control, or was created by special act of the Legislature.
The bill makes it unlawful for any person to dump any litter in or on WCD property or canal
right-of-way, unless the district board of directors or the district manager or his or her designee
has given prior consent. When any litter is thrown or discarded from a boat, the operator or
owner of the boat, or both, are in violation of the Florida Litter Law.
The bill requires a member of a WCD board of directors or a district manager who discovers that
a person has committed unlawful dumping in or on WCD property or canal right-of-way without
prior consent to report the incident to the appropriate law enforcement agency with jurisdiction
over the district. A law enforcement officer may enter any district canal right-of-way, property,
or facility to respond to such an incident.
The bill makes conforming changes.
Section 2 amends s. 810.011, F.S., to add to the definition of “posted land.” The bill provides
that land owned by a WCD that exists pursuant to ch. 298, F.S., concerning drainage or water
control, or that was created by special act of the Legislature is “posted land” if signs are placed at
or near the intersection of any district canal right-of-way and a road right-of-way.
The bill makes conforming changes.
Section 3 reenacts s. 403.4135(1), F.S., for the purpose of incorporating the amendment made by
the bill to the Florida Litter Law in a reference thereto.
Section 4 reenacts s. 810.12(6), F.S., for the purpose of incorporating the amendment made by
the bill to the Florida Litter Law in references thereto.
Section 5 provides an effective date of October 1, 2023. BILL: CS/SB 1368 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 403.413 and 810.011 of the Florida Statutes.
This bill reenacts sections 403.4135(1) and 810.12(6) of the Florida Statutes. BILL: CS/SB 1368 Page 7
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on March 29, 2023:
The CS excludes from the definition of “litter” any substances resulting from permitted,
regulated, or authorized drainage, pumping, or runoff of surface water or stormwater.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.