CS/HB 321 2024
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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.; revising a prohibition on the 3
release of certain balloons to delete a specified 4
timeframe and number of balloons; deleting an 5
exemption from such prohibition for certain 6
biodegradable or photodegradable balloons; providing 7
that a person who violates the prohibition commits the 8
noncriminal infraction of littering; revising the 9
penalty for such violation; deleting a provision 10
authorizing petitions to enjoin the release of 11
balloons under certain circumstances; amending s. 12
403.413, F.S.; revising the definitions of the terms 13
"dump" and "litter"; reenacting s. 403.4135(1), F.S., 14
relating to litter re ceptacles, to incorporate the 15
amendment made to s. 403.413, F.S., in a reference 16
thereto; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Subsections (2), (3), and (4) of section 21
379.233, Florida Statutes, are amended to read: 22
379.233 Release of balloons. — 23
(2) It is unlawful for any person, firm, or corporation to 24
intentionally release, organize the release of, or intentionally 25
CS/HB 321 2024
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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
cause to be released within a 24-hour period 10 or more balloons 26
inflated with a gas that is lighter than air except for any of 27
the following: 28
(a) Balloons released by a person on behalf of a 29
governmental agency or pursuant to a governmental contract for 30
scientific or meteorological purposes .; 31
(b) Hot air balloons that are recovered after launching .; 32
(c) Balloons released indoors ; or 33
(d) Balloons that are either biodegradable or 34
photodegradable, as determined by rule of the Fish and Wildlife 35
Conservation Commission, and which are closed by a hand -tied 36
knot in the stem of the balloon without string, ribbon, or other 37
attachments. In the event that any balloons are released 38
pursuant to the exemption established in this paragraph, the 39
party responsible for the release shall make available to any 40
law enforcement officer evidence of the biodegradability or 41
photodegradability of said balloons in the form of a certificate 42
executed by the manufacturer. Failure to provide said evidence 43
shall be prima facie evidence of a violation of this act . 44
(3) Any person who violates subs ection (2) commits is 45
guilty of a noncriminal littering infraction, punishable as 46
provided in s. 403.413(6)(a) by a fine of $250. 47
(4) Any person may petition the circuit court to enjoin 48
the release of 10 or more balloons if that person is a citizen 49
of the county in which the balloons are to be released. 50
CS/HB 321 2024
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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
Section 2. Paragraphs (d) and (f) of subsection (2) of 51
section 403.413, Florida Statutes, are amended to read: 52
403.413 Florida Litter Law. — 53
(2) DEFINITIONS.—As used in this section: 54
(d) "Dump" means to dump, throw, discard, place, deposit, 55
drain, discharge, or dispose of, or intentionally release . 56
(f) "Litter" means any personal property; garbage; 57
rubbish; trash; refuse; can; bottle; box; container; paper; 58
balloon; tobacco product; pharmaceutical of any kind; tire; 59
household item; shed; appliance; mechanical equipment or part; 60
building or construction material; tool; machinery; wood; motor 61
vehicle or motor vehicle part, including a truck, trailer, or 62
motor home; vessel; aircraft; farm machinery or equipment; 63
sludge from a waste treatment facility, water supply treatment 64
plant, or air pollution control facility; or substance in any 65
form resulting from domestic, industrial, commercial, mining, 66
agricultural, or governme ntal operations, but excluding 67
permitted, regulated, or authorized drainage, pumping, or runoff 68
of surface water or stormwater. 69
Section 3. For the purpose of incorporating the amendment 70
made by this act to section 403.413, Florida Statutes, in a 71
reference thereto, subsection (1) of section 403.4135, Florida 72
Statutes, is reenacted to read: 73
403.4135 Litter receptacles. — 74
(1) DEFINITIONS.—As used in this section "litter" and 75
CS/HB 321 2024
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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
"vessel" have the same meanings as provided in s. 403.413. 76
Section 4. This act shall take effect July 1, 2024. 77