HB 321 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the release of balloons; amending 2
s. 379.233, F.S.; providing that the intentional 3
release of certain balloons is littering; revising the 4
penalty for such release; amending s. 403.413, F.S.; 5
revising definitions; providing an effective date. 6
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Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Subsection (3) of section 379.233, Florida 10
Statutes, is amended, and subs ection (2) of that section is 11
republished, to read: 12
379.233 Release of balloons. — 13
(2) It is unlawful for any person, firm, or corporation to 14
intentionally release, organize the release, or intentionally 15
cause to be released within a 24 -hour period 10 or more balloons 16
inflated with a gas that is lighter than air except for: 17
(a) Balloons released by a person on behalf of a 18
governmental agency or pursuant to a governmental contract for 19
scientific or meteorological purposes; 20
(b) Hot air balloons that ar e recovered after launching; 21
(c) Balloons released indoors; or 22
(d) Balloons that are either biodegradable or 23
photodegradable, as determined by rule of the Fish and Wildlife 24
Conservation Commission, and which are closed by a hand -tied 25
HB 321 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
knot in the stem of the balloon without string, ribbon, or other 26
attachments. In the event that any balloons are released 27
pursuant to the exemption established in this paragraph, the 28
party responsible for the release shall make available to any 29
law enforcement officer evide nce of the biodegradability or 30
photodegradability of said balloons in the form of a certificate 31
executed by the manufacturer. Failure to provide said evidence 32
shall be prima facie evidence of a violation of this act. 33
(3) Any person who violates subsectio n (2) commits 34
littering and is guilty of a noncriminal infraction, punishable 35
as provided in s. 403.413(6)(a) by a fine of $250. 36
Section 2. Paragraphs (d) and (f) of subsection (2) of 37
section 403.413, Florida Statutes, are amended to read: 38
403.413 Florida Litter Law.— 39
(2) DEFINITIONS.—As used in this section: 40
(d) "Dump" means to dump, throw, discard, place, deposit, 41
drain, discharge, or dispose of, or intentionally release . 42
(f) "Litter" means any personal property; garbage; 43
rubbish; trash; refuse; can; bottle; box; container; paper; 44
balloon; tobacco product; pharmaceutical of any kind; tire; 45
household item; shed; appliance; mechanical equipment or part; 46
building or construction material; tool; machinery; wood; motor 47
vehicle or motor vehicle part, including a truck, trailer, or 48
motor home; vessel; aircraft; farm machinery or equipment; 49
sludge from a waste treatment facility, water supply treatment 50
HB 321 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0321-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
plant, or air pollution control facility; or substance in any 51
form resulting from domestic, industrial, commercial, mining, 52
agricultural, or governmental operations, but excluding 53
permitted, regulated, or authorized drainage, pumping, or runoff 54
of surface water or stormwater. 55
Section 3. This act shall take effect July 1, 2024. 56