Florida Senate - 2024 CS for CS for SB 602 By the Committees on Fiscal Policy; and Environment and Natural Resources; and Senator DiCeglie 594-03823-24 2024602c2 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; providing applicability; 11 deleting a provision authorizing petitions to enjoin 12 the release of balloons under certain circumstances; 13 amending s. 403.413, F.S.; revising the definitions of 14 the terms dump and litter; exempting certain 15 persons from litter law penalties relating to the 16 release of balloons; reenacting s. 403.4135(1), F.S., 17 relating to litter receptacles, to incorporate the 18 amendment made to s. 403.413, F.S., in a reference 19 thereto; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Subsections (2), (3), and (4) of section 24 379.233, Florida Statutes, are amended to read: 25 379.233Release of balloons. 26 (2)It is unlawful for any person, firm, or corporation to 27 intentionally release, organize the release of, or intentionally 28 cause to be released within a 24-hour period 10 or more balloons 29 inflated with a gas that is lighter than air except for any of 30 the following: 31 (a)Balloons released by a person on behalf of a 32 governmental agency or pursuant to a governmental contract for 33 scientific or meteorological purposes.; 34 (b)Hot air balloons that are recovered after launching.; 35 (c)Balloons released indoors; or 36 (d)Balloons that are either biodegradable or 37 photodegradable, as determined by rule of the Fish and Wildlife 38 Conservation Commission, and which are closed by a hand-tied 39 knot in the stem of the balloon without string, ribbon, or other 40 attachments. In the event that any balloons are released 41 pursuant to the exemption established in this paragraph, the 42 party responsible for the release shall make available to any 43 law enforcement officer evidence of the biodegradability or 44 photodegradability of said balloons in the form of a certificate 45 executed by the manufacturer. Failure to provide said evidence 46 shall be prima facie evidence of a violation of this act. 47 (3)Any person who violates subsection (2) commits is 48 guilty of a noncriminal littering infraction, punishable as 49 provided in s. 403.413(6)(a) by a fine of $250. 50 (4)This section does not apply to a person 6 years of age 51 or younger Any person may petition the circuit court to enjoin 52 the release of 10 or more balloons if that person is a citizen 53 of the county in which the balloons are to be released. 54 Section 2.Paragraphs (d) and (f) of subsection (2) and 55 paragraph (a) of subsection (6) of section 403.413, Florida 56 Statutes, are amended to read: 57 403.413Florida Litter Law. 58 (2)DEFINITIONS.As used in this section: 59 (d)Dump means to dump, throw, discard, place, deposit, 60 drain, discharge, or dispose of. The term includes, with respect 61 to balloons, to intentionally release, organize the release of, 62 or intentionally cause to be released. 63 (f)Litter means any personal property; garbage; rubbish; 64 trash; refuse; can; bottle; box; container; paper; balloon; 65 tobacco product; pharmaceutical of any kind; tire; household 66 item; shed; appliance; mechanical equipment or part; building or 67 construction material; tool; machinery; wood; motor vehicle or 68 motor vehicle part, including a truck, trailer, or motor home; 69 vessel; aircraft; farm machinery or equipment; sludge from a 70 waste treatment facility, water supply treatment plant, or air 71 pollution control facility; or substance in any form resulting 72 from domestic, industrial, commercial, mining, agricultural, or 73 governmental operations, but excluding permitted, regulated, or 74 authorized drainage, pumping, or runoff of surface water or 75 stormwater. 76 (6)PENALTIES; ENFORCEMENT. 77 (a)1.Except as provided in subparagraphs subparagraph 2. 78 and 3., any person who dumps litter in violation of subsection 79 (4) in an amount not exceeding 15 pounds in weight or 27 cubic 80 feet in volume and not for commercial purposes commits a 81 noncriminal infraction, punishable by a civil penalty of $150, 82 from which $50 shall be deposited into the Solid Waste 83 Management Trust Fund to be used for the solid waste management 84 grant program pursuant to s. 403.7095. 85 2.a.If a person violates subparagraph 1. by intentionally 86 dumping litter onto private property for the purpose of 87 intimidating or threatening the owner, resident, or invitee of 88 such property, the person commits a misdemeanor of the first 89 degree, punishable as provided in s. 775.082 or s. 775.083. 90 b.If a person violates subparagraph 1. by intentionally 91 dumping litter onto private property for the purpose of 92 intimidating the owner, resident, or invitee of such property 93 and such litter contains a credible threat, the person commits a 94 felony of the third degree, punishable as provided in s. 95 775.082, s. 775.083, or s. 775.084. For purposes of this 96 subparagraph, the term credible threat has the same meaning as 97 in s. 784.048(1). 98 c.If the penalty for a violation of this subparagraph is 99 reclassified under s. 775.085, such a violation is considered a 100 hate crime for purposes of the reporting requirements of s. 101 877.19. 102 3.A person who is 6 years of age or younger who 103 intentionally releases, organizes the release of, or 104 intentionally causes to be released balloons as prohibited by s. 105 379.233 does not violate subsection (4) and is not subject to 106 the penalties specified in subparagraph 1. 107 108 In addition, the court may require a person who violates this 109 subsection to pick up litter or perform other labor commensurate 110 with the offense committed. 111 Section 3.For the purpose of incorporating the amendment 112 made by this act to section 403.413, Florida Statutes, in a 113 reference thereto, subsection (1) of section 403.4135, Florida 114 Statutes, is reenacted to read: 115 403.4135Litter receptacles. 116 (1)DEFINITIONS.As used in this section litter and 117 vessel have the same meanings as provided in s. 403.413. 118 Section 4.This act shall take effect July 1, 2024.