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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; providing applicability; 10
deleting a provision authorizing petitions to enjoin 11
the release of balloons under certain circumstances; 12
amending s. 403.413, F.S.; revising the definitions of 13
the terms "dump" and "litter"; exempting certain 14
persons from litter law penalties relating to the 15
release of balloons; reenacting s. 403.4135(1), F.S., 16
relating to litter receptacles, to incorporate the 17
amendment made to s. 403.413, F.S., in a reference 18
thereto; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsections (2), (3), and (4) of section 23
379.233, Florida Statutes, are amended to read: 24
379.233 Release of balloons. — 25
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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
(2) It is unlawful for any person, firm, or corporation to 26
intentionally release, organize the release of, or intentionally 27
cause to be released within a 24-hour period 10 or more balloons 28
inflated with a gas that is lighter than air except for any of 29
the following: 30
(a) Balloons released by a person on behalf of a 31
governmental agency or pursuant to a governmental contract for 32
scientific or meteorological purposes .; 33
(b) Hot air balloons that are recovered after launching .; 34
(c) Balloons released indoors ; or 35
(d) Balloons that are either biodegradable or 36
photodegradable, as determined by rule of the Fish and Wildlife 37
Conservation Commission, and which are closed by a hand -tied 38
knot in the stem of the balloon without string, ribbon, or other 39
attachments. In the event that any balloons are released 40
pursuant to the exempt ion established in this paragraph, the 41
party responsible for the release shall make available to any 42
law enforcement officer evidence of the biodegradability or 43
photodegradability of said balloons in the form of a certificate 44
executed by the manufacturer. Failure to provide said evidence 45
shall be prima facie evidence of a violation of this act . 46
(3) Any person who violates subsection (2) commits is 47
guilty of a noncriminal littering infraction, punishable as 48
provided in s. 403.413(6)(a) by a fine of $250. 49
(4) This section does not apply to a person 6 years of age 50
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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
or younger Any person may petition the circuit court to enjoin 51
the release of 10 or more balloons if that person is a citizen 52
of the county in which the balloons are to be released . 53
Section 2. Paragraphs (d) and (f) of subsection (2) and 54
paragraph (a) of subsection (6) of section 403.413, Florida 55
Statutes, are amended to read: 56
403.413 Florida Litter Law. — 57
(2) DEFINITIONS.—As used in this section: 58
(d) "Dump" means to dump, throw, discard, place, deposit, 59
drain, discharge, or dispose of . The term includes, with respect 60
to balloons, to intentionally release, organize the release of, 61
or intentionally cause to be released . 62
(f) "Litter" means any personal property; garbage; 63
rubbish; trash; refuse; can; bottle; box; container; paper; 64
balloon; tobacco product; pharmaceutical of any kind; tire; 65
household item; shed; appliance; mechanical equipment or part; 66
building or construction material; tool; machinery; wood; motor 67
vehicle or motor vehicle par t, including a truck, trailer, or 68
motor home; vessel; aircraft; farm machinery or equipment; 69
sludge from a waste treatment facility, water supply treatment 70
plant, or air pollution control facility; or substance in any 71
form resulting from domestic, industri al, commercial, mining, 72
agricultural, or governmental operations, but excluding 73
permitted, regulated, or authorized drainage, pumping, or runoff 74
of surface water or stormwater. 75
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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
(6) PENALTIES; ENFORCEMENT. — 76
(a)1. Except as provided in subparagraphs subparagraph 2. 77
and 3., any person who dumps litter in violation of subsection 78
(4) in an amount not exceeding 15 pounds in weight or 27 cubic 79
feet in volume and not for commercial purposes commits a 80
noncriminal infraction, punishable by a civil penalty of $150 , 81
from which $50 shall be deposited into the Solid Waste 82
Management Trust Fund to be used for the solid waste management 83
grant program pursuant to s. 403.7095. 84
2.a. If a person violates subparagraph 1. by intentionally 85
dumping litter onto private propert y for the purpose of 86
intimidating or threatening the owner, resident, or invitee of 87
such property, the person commits a misdemeanor of the first 88
degree, punishable as provided in s. 775.082 or s. 775.083. 89
b. If a person violates subparagraph 1. by intent ionally 90
dumping litter onto private property for the purpose of 91
intimidating the owner, resident, or invitee of such property 92
and such litter contains a credible threat, the person commits a 93
felony of the third degree, punishable as provided in s. 94
775.082, s. 775.083, or s. 775.084. For purposes of this 95
subparagraph, the term "credible threat" has the same meaning as 96
in s. 784.048(1). 97
c. If the penalty for a violation of this subparagraph is 98
reclassified under s. 775.085, such a violation is considered a 99
hate crime for purposes of the reporting requirements of s. 100
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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
877.19. 101
3. A person who is 6 years of age or younger who 102
intentionally releases, organizes the release of, or 103
intentionally causes to be released balloons as prohibited by s. 104
379.233 does not violate subsection (4) and is not subject to 105
the penalties specified in subparagraph 1. 106
107
In addition, the court may require a person who violates this 108
subsection to pick up litter or perform other labor commensurate 109
with the offense committed. 110
Section 3. For the purpose of incorporating the amendment 111
made by this act to section 403.413, Florida Statutes, in a 112
reference thereto, subsection (1) of section 403.4135, Florida 113
Statutes, is reenacted to read: 114
403.4135 Litter receptacles. — 115
(1) DEFINITIONS.—As used in this section "litter" and 116
"vessel" have the same meanings as provided in s. 403.413. 117
Section 4. This act shall take effect July 1, 2024. 118