(1) SHORT TITLE.—This section may be cited as the “Florida Litter Law.”
(2) DEFINITIONS.—As used in this section:
(a) “Aircraft” means a motor vehicle or other vehicle that is used or designed to fly but does not include a parachute or any other device used primarily as safety equipment.
(b) “Commercial purpose” means for the purpose of economic gain.
(c) “Commercial vehicle” means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose.
(d) “Dump” means to dump, throw, discard, place, deposit, drain, discharge, or dispose of. The term includes, with respect to balloons, to intentionally release, organize the release of, or intentionally cause to be released.
(e) “Law enforcement officer” means any officer of the Florida Highway Patrol, a county sheriff’s department, a municipal law enforcement department, a law enforcement department of any other political subdivision, the Department of Environmental Protection, or the Fish and Wildlife Conservation Commission. In addition, and solely for the purposes of this section, “law enforcement officer” means any employee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer.
(f) “Litter” means any personal property; garbage; rubbish; trash; refuse; can; bottle; box; container; paper; balloon; tobacco product; pharmaceutical of any kind; tire; household item; shed; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part, including a truck, trailer, or motor home; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations, but excluding permitted, regulated, or authorized drainage, pumping, or runoff of surface water or stormwater.
(g) “Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor.
(h) “Person” means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association.
(i) “Vessel” means a boat, barge, or airboat or any other vehicle used for transportation on water.
(j) “Water control district” means a water control district that exists pursuant to chapter 298 or was created by special act of the Legislature.
(3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.—The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer.
(4) DUMPING LITTER PROHIBITED.—Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount in or on any of the following areas:
(a) Any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, are in violation of this section.
(b) Any freshwater lake, river, canal, or stream or tidal or coastal water of the state, including canals. When any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, are in violation of this section.
(c) Any water control district property or canal right-of-way, unless the district board of directors or the district manager or his or her designee has given prior consent. When any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, are in violation of this section.
(d) Any private property, unless the owner has given prior consent and unless the dumping of such litter by such person will not cause a public nuisance or otherwise be in violation of any other state or local law, rule, or regulation.
(5) DUMPING RAW HUMAN WASTE PROHIBITED.—Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state.
(6) PENALTIES; ENFORCEMENT.—
(a)1. Except as provided in subparagraphs 2. and 3., any person who dumps litter in violation of subsection (4) in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes commits a noncriminal infraction, punishable by a civil penalty of $150, from which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program pursuant to s. 403.7095.
2.a. If a person violates subparagraph 1. by intentionally dumping litter onto private property for the purpose of intimidating or threatening the owner, resident, or invitee of such property, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
b. If a person violates subparagraph 1. by intentionally dumping litter onto private property for the purpose of intimidating the owner, resident, or invitee of such property and such litter contains a credible threat, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subparagraph, the term “credible threat” has the same meaning as in s. 784.048(1).
c. If the penalty for a violation of this subparagraph is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.
3. A person who is 6 years of age or younger who intentionally releases, organizes the release of, or intentionally causes to be released balloons as prohibited by s. 379.233 does not violate subsection (4) and is not subject to the penalties specified in subparagraph 1.
In addition, the court may require a person who violates this subsection to pick up litter or perform other labor commensurate with the offense committed.
(b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator’s driver license pursuant to the point system established by s. 322.27.
(c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order the violator to:
1. Remove or render harmless the litter that he or she dumped in violation of this section;
2. Repair or restore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or
3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section.
(d) A court may enjoin a violation of this section.
(e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 and 932.704.
(f) If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or $200, whichever amount is greater. In addition, the court shall order the person to pay the injured party’s court costs and attorney’s fees. A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this paragraph which he or she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal judgment was based upon a plea of no contest or nolo contendere.
(g) For the purposes of this section, if a person dumps litter or raw human waste from a commercial vehicle, that person is presumed to have dumped the litter or raw human waste for commercial purposes.
(h) In the criminal trial of a person charged with violating this section, the state does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she had authority to dump the litter or raw human waste and that the litter or raw human waste dumped does not cause a public nuisance.
(i) It is the duty of all law enforcement officers to enforce this section. If a member of a water control district board of directors or a district manager discovers that a person has committed unlawful dumping in violation of paragraph (4)(c), he or she must report the incident to the appropriate law enforcement agency with jurisdiction over the district. A law enforcement officer may enter any district canal right-of-way, property, or facility to respond to such an incident.
(j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that any person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided in paragraph (c).
(7) ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.—Employees of counties or municipalities whose duty it is to ensure code compliance or to enforce codes and ordinances may be designated by the governing body of the county or the municipality to enforce the provisions of this section. Designation of such employees shall not provide the employees with the authority to bear arms or to make arrests.
(8) ENFORCEMENT OF OTHER REGULATIONS.—This section does not limit the authority of any state or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management.
Cited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 71117
...its. DER then furnished the test results to GFC. On March 20, 1990, Sergeant Owen arranged to meet Mr. Dockery and his attorney at the Holmes County Jail. Mr. Dockery then was charged with one count of dumping litter defined as hazardous waste under section 403.413, Florida Statutes....
...Section 901.15(1), Florida Statutes (1985), provides that "[a] law enforcement officer may arrest a person without a warrant when ... [t]he person has committed a felony or misdemeanor ... in the presence of the officer." It matters not who threw the cup. Section 403.413(4)(a), Florida Statutes (1985), provides that "... when any litter is thrown or discarded from a motor vehicle, the operator ... shall be deemed in violation of this section." Violation of the littering statute is a second degree misdemeanor. Section 403.413(5)(a)....
Cited 6 times | Published | Florida 2nd District Court of Appeal | 1997 WL 78499
...DAKAN, STEPHEN L., Associate Judge. The state seeks review of the trial court's dismissal of a littering charge against Mr. Westerman. The charge was based on the allegation that he had left a partially destroyed fiberglass boat, weighing over 2000 pounds, on county property. See § 403.413(6)(c), Fla....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 1991 WL 161739
...PER CURIAM. Manuel Lemus appeals the denial of his motion for postconviction relief. We reverse. Pursuant to an agreement with the state, Lemus entered a plea to charges that he dumped trash on February 8, 1989, for commercial purposes, a violation of section 403.413, Florida Statutes (1989)....
Cited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2710748
...(2002) (defining "law enforcement agency"); § 397.311(17), Fla. Stat. (2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s. 943.10(1)"); § 394.455(16), Fla. Stat. (2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s. 943.10"); § 403.413(2)(c), Fla....
Cited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 826013
...Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellee. PALMER, J. The State appeals the trial court's order dismissing the count of the information charging Alan Wayne Davis with illegal dumping in violation of section 403.413(4)(c) of the Florida Statutes (2000)....
...He filed a motion to dismiss the illegal dumping charge, claiming that the statute did not prohibit owners from dumping on their own private property. The trial court agreed and therefore granted Davis' motion to dismiss the count. Florida's litter law, section 403.413 of the Florida Statutes (2000), is contained in the Environmental Control section of the Florida Statutes Chapter 403, Part I, Pollution Control....
...population increases and the economy expands; and to ensure a continuing growth of the economy and industrial development. § 403.021(6), Fla. Stat. (2000). The litter law which Davis was charged with violating reads, in pertinent part, as follows: 403.413 Florida Litter Law * * * (4) DUMPING LITTER PROHIBITED Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount: * * * (c) In or on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule, or regulation. § 403.413(4)(c), Fla....
...ty Code, each of which qualifies as being "any other state or local law, rule or regulation." Finally, the trial court explained that as further evidence that the legislature did not intend for a private property owner to be prosecuted for violating section 403.413(4)(c), section 403.413(6)(f) of the Florida Statutes requires the defendant to pay damages if convicted of the felony violation of the statute, together with court costs and attorney's fees. The actual wording of section 403.413(6)(f) is as follows: § 403.413 Florida Litter Law * * * (6) PENALTIES; ENFORCEMENT....
...ting any issue in a subsequent civil action under this paragraph which he or she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal judgment was based upon a plea of no contest or nolo contendere. § 403.413(6)(f), Fla....
...be instituted under this statute. Paragraph (6)(f) simply provides additional remedies for a situation where one person dumps on a second person's property and that second person sustains damages. Additionally, the trial court reasoned that because section 403.413(6)(h) of the Florida Statutes relieves the State of the burden of proving that the "person did not have the right or authority to dump the litter or that the litter caused a public nuisance", it is further evidence that the legislature intended that the private property upon which the litter was dumped be the private property of another. Section 403.413(6)(h) provides: § 403.413 Florida Litter Law. * * * (6) PENALTIES; ENFORCEMENT. * * * (h) In the criminal trial of a person charged with violating this section, the *699 state does not have the burden of proving that the person did not have the right or authori...
...MONACO, J., concurring specially. I do not disagree with the well-reasoned opinion of the majority. I write only to express my view that the reason the trial court erred in dismissing the count of the information that charged the defendant with illegal dumping in violation of § 403.413(4)(c), Florida Statutes, is that it did not read the statute conjunctively....
ALTENBERND, Chief Judge. Antonio Uzcanga Enriguez appeals an order withholding adjudication and imposing a term of probation for felony dumping pursuant to section 403.413, Florida Statutes (2001)....
...owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule, or regulation. “Dump” is defined in the statute as “dump, throw, discard, place, deposit, or dispose of.” § 403.413(2)(g), Fla. Stat. (2001). The definition of “litter” contains a long list of items including “garbage, rubbish, trash, ... [and] motor vehicle or motor vehicle part.” § 403.413(2)(a), Fla....
...Thus, we decline to hold the statute facially unconstitutional, leaving any marginal confusion in the statute for resolution in challenges to the statute as applied to the specific facts of other cases. Affirmed. FULMER and WALLACE, JJ„ Concur. . § 810.09, Fla. Stat. (2001). . § 403.413(4), Fla....
...Of the three prior felony offenses that the State proffered as predicate offenses for habitual offender sentencing, only the felony littering conviction qualifies under the habitual offender statute. § 775.084(l)(a), Fla. Stat. (2011). 1 The statute governing violation of the Florida Litter Law, section 403.413, Florida Statutes (2008), does not authorize a habitual offender sentence enhancement under section 775.084. The omission of section 775.084 penalties from section 403.413 pertains, however, only to the offense of felony littering then before the court for sentencing....
...our points for passing a stopped bus; various points for driving in excess of certain posted speed limits; four points for violating certain traffic control devices; three points for all other moving violations; three points for any conviction under section 403.413(6)(b); and four points for any conviction under section 316.0775(2)....
...Such was apparently the case with the trash and overgrowth
that had accumulated around Carl Cosio's home. While we might question whether that
nuisance justified the prosecution of a felony charge against Mr. Cosio, on this record
we must affirm his conviction and withhold of adjudication for violating sections
403.413(4) and (6)(c), Florida Statutes (2015)....
...property was litter under the statute, and that the amount of litter (properly construed)
that was removed was neither five hundred pounds in weight nor one hundred cubic
feet in volume, and thus did not rise to the felonious threshold of littering under section
403.413(6)(c)....
...500 pounds in weight or 100 cubic
feet in volume . . . is guilty of a felony of the third degree." In his motion, Mr. Cosio also
attempted to refute that the condition of his property constituted a "nuisance," which is
also a required element under section 403.413(4)(c)....
...Our
resolution of this argument turns on how the Florida Litter Law is properly construed.
-4-
We begin with a review of its pertinent subsections and a brief observation about its
application to property owners such as Mr. Cosio.
Section 403.413(4) provides:
Dumping litter prohibited.—Unless otherwise authorized
by law or permit, it is unlawful for any person to dump litter in
any manner or amount:
(a) In or on any pu...
...supply treatment plant, or air pollution control facility; or
substance in any form resulting from domestic, industrial,
commercial, mining, agricultural, or governmental
operations.
Subsection (6) of section 403.413 establishes tiers of penalties for
violation of the statute based upon the amount of litter the offender dumps....
...meaning of "garbage," "rubbish," "trash," or "refuse."
Nor under these circumstances does the felled state of the trees and
brush on Mr. Cosio's yard transubstantiate their material into litter for purposes of the
statute. To be found in violation of section 403.413, the State had to prove that Mr.
Cosio "dumped" the offending material. To "dump" means to "dump, throw, discard,
place, deposit or dispose of" proscribed litter. § 403.413(4)(d)....
DAUKSCH, Judge. This is before the court upon a petition for writ of certiorari. Petitioner was charged in county court with a misdemean- or violation of Florida Statute 403.413(4)(a) (1987), The Florida Litter Law....
PER CURIAM. We treat the state’s notice of appeal as a petition for writ of certiorari. See State v. Pettis, 520 So.2d 250 (Fla.1988). The state charged appellee with violating section 403.413(5), Florida Statutes (1993), which reads: Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state. Appellee challenged the constitutionality of a related portion of the statute, section dOSAlS^Xh), 1 on the ground that it imper-missibly shifted the burden of proving his innocence to him. The trial court agreed and declared section 403.413(6)(h) unconstitutional. The state contends appellee did not have standing to challenge the constitutionality of section 403.413(6)(h). We disagree. Appel-lee had standing to challenge section 403.413(6)(h). See State v. Thurston, 591 So.2d 998 (Fla. 3d DCA 1991); State v. Benitez, 395 So.2d 514, 517 (Fla.1981). The state also contends that section 403.413(6)(h) does not constitute an unconstitutional burden shift, but instead constitutes an affirmative defense available to appellee....
...on or a right to engage in the conduct in question. An affirmative defense does not concern itself with the elements of the offense at all; it concedes them. In effect, an affirmative defense says, “Yes, I did it, but I had a good reason.” Here, section 403.413(5) prohibits all dumping of raw human waste on public or private land or waters of the state....
...e.” State v. Buchman, 361 So.2d 692, 695 (Fla.1978). Accordingly, we quash the order of the trial court and remand for proceedings consistent herewith. PETITION FOR WRIT OF CERTIORA-RI GRANTED and REMANDED. DELL, FARMER and SHAHOOD, JJ., concur. . Section 403.413(6)(h), Fla....
...tes contain various definitions of commercial vehicles. Section 320.01 (26), Florida Statutes, in defining a "commercial motor vehicle" for purposes of licensure, specifically excludes vehicles which are owned or operated by a governmental entity. 2 Section 403.413 (2)(f), Florida Statutes, defines a "commercial vehicle" as "a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose...
...designed to transport more than 15 passengers, including the driver; or (c) Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended ( 49 U.S.C. ss. 1801 et seq.). 3 Section 403.413 (2)(e), Fla....
...We agree, and amend rule 3.701(c) and the heading to rule 3.988(d) accordingly. The form which accompanies rule 3.988(d) remains unamended. In addition, the legislature has made it a third-degree felony to unlawfully dump over 500 pounds in weight or 100 cubic feet in volume of litter. § 403.413(5)(c), Fla....
PER CURIAM. The State of Florida appeals the dismissal of an information charging Bruce Michael Foster with a single count of violating section 403.413(4)(c), Florida Statutes (2001)....
PER CURIAM. The trial court held unconstitutional Section 403.413, Florida Statutes (1991), as being overbroad as applied to motor vehicles....
...areas lawfully provided ... ’ subjects the ‘placor’ to a felony of five (5) years incarceration in the Department of Corrections, a Five Thousand *999 Dollar ($5000.00) fine, and other severe loss of liberty and property for violating the Florida Litter Law (F.S. 403.413) as it is written. 2. The Statute is unconstitutional, in as concluded below, as to motor vehicles. 3. The Defendant was here charged with the felony of Dumping Litter (F.S. 403.413(4)(a)), based upon the Information, which, if taken as true, asserts no more than that Defendant dumped litter by placing two trucks on a highway right-of-way on one certain day. 4. The State chose to prosecute Defendant under the felony section of the Florida Litter Law (F.S. 403.413), rather than follow the procedure available to the State under Lost or Abandoned Property (F.S....
...enforcement. Kolender v. Lawson, [ 461 U.S. 352 ] 103 S.Ct. 1855, 1860 [ 75 L.Ed.2d 903 ] (1983). The Court has been asked by the Defendant to find that the law here is unconstitutionally overbroad. The Court concludes that the Florida Litter Law (F.S. 403.413), as it is attempted to be applied here, must be held unconstitutional as applied to motor vehicles....
...“Don’t you have anything better to do than bother someone trying to make a living?” was the question submitted by Alvin Williams to DeLand police officer Margaret Lefavour on June 5, 1987, while she was arresting him for littering in violation of section 403.413(4)(a), Florida Statutes....
Published | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2025
...any person, firm, or corporation to intentionally release . . . bal-
loons inflated with a gas that is lighter than air.” FLA. STAT.
§ 379.233. Violations of this law are punishable by a civil penalty
of $150. Id. § 403.413(6)(a)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
