Florida Senate - 2024 SB 602 By Senator DiCeglie 18-00476B-24 2024602__ 1 A bill to be entitled 2 An act relating to the release of balloons; amending 3 s. 379.233, F.S.; revising a prohibition on the 4 release of certain balloons to delete a specified 5 timeframe and number of balloons; deleting an 6 exemption from such prohibition for certain 7 biodegradable or photodegradable balloons; providing 8 that a person who violates the prohibition commits the 9 noncriminal infraction of littering; revising the 10 penalty for such violation; deleting a provision 11 authorizing petitions to enjoin the release of 12 balloons under certain circumstances; amending s. 13 403.413, F.S.; revising the definitions of the terms 14 dump and litter; reenacting s. 403.4135(1), F.S., 15 relating to litter receptacles, to incorporate the 16 amendment made to s. 403.413, F.S., in a reference 17 thereto; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Subsections (2), (3), and (4) of section 22 379.233, Florida Statutes, are amended to read: 23 379.233Release of balloons. 24 (2)It is unlawful for any person, firm, or corporation to 25 intentionally release, organize the release of, or intentionally 26 cause to be released within a 24-hour period 10 or more balloons 27 inflated with a gas that is lighter than air except for any of 28 the following: 29 (a)Balloons released by a person on behalf of a 30 governmental agency or pursuant to a governmental contract for 31 scientific or meteorological purposes.; 32 (b)Hot air balloons that are recovered after launching.; 33 (c)Balloons released indoors; or 34 (d)Balloons that are either biodegradable or 35 photodegradable, as determined by rule of the Fish and Wildlife 36 Conservation Commission, and which are closed by a hand-tied 37 knot in the stem of the balloon without string, ribbon, or other 38 attachments. In the event that any balloons are released 39 pursuant to the exemption established in this paragraph, the 40 party responsible for the release shall make available to any 41 law enforcement officer evidence of the biodegradability or 42 photodegradability of said balloons in the form of a certificate 43 executed by the manufacturer. Failure to provide said evidence 44 shall be prima facie evidence of a violation of this act. 45 (3)Any person who violates subsection (2) commits is 46 guilty of a noncriminal littering infraction, punishable as 47 provided in s. 403.413(6)(a) by a fine of $250. 48 (4)Any person may petition the circuit court to enjoin the 49 release of 10 or more balloons if that person is a citizen of 50 the county in which the balloons are to be released. 51 Section 2.Paragraphs (d) and (f) of subsection (2) of 52 section 403.413, Florida Statutes, are amended to read: 53 403.413Florida Litter Law. 54 (2)DEFINITIONS.As used in this section: 55 (d)Dump means to dump, throw, discard, place, deposit, 56 drain, discharge, or dispose of, or intentionally release. 57 (f)Litter means any personal property; garbage; rubbish; 58 trash; refuse; can; bottle; box; container; paper; balloon; 59 tobacco product; pharmaceutical of any kind; tire; household 60 item; shed; appliance; mechanical equipment or part; building or 61 construction material; tool; machinery; wood; motor vehicle or 62 motor vehicle part, including a truck, trailer, or motor home; 63 vessel; aircraft; farm machinery or equipment; sludge from a 64 waste treatment facility, water supply treatment plant, or air 65 pollution control facility; or substance in any form resulting 66 from domestic, industrial, commercial, mining, agricultural, or 67 governmental operations, but excluding permitted, regulated, or 68 authorized drainage, pumping, or runoff of surface water or 69 stormwater. 70 Section 3.For the purpose of incorporating the amendment 71 made by this act to section 403.413, Florida Statutes, in a 72 reference thereto, subsection (1) of section 403.4135, Florida 73 Statutes, is reenacted to read: 74 403.4135Litter receptacles. 75 (1)DEFINITIONS.As used in this section litter and 76 vessel have the same meanings as provided in s. 403.413. 77 Section 4.This act shall take effect July 1, 2024.