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Florida Statute 403.413 - Full Text and Legal Analysis
Florida Statute 403.413 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
403.413 Florida Litter Law.—
(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.
History.—ss. 1, 2, 3, 4, 4A, ch. 71-239; s. 1, ch. 75-266; s. 1, ch. 77-82; s. 1, ch. 78-202; s. 7, ch. 80-382; s. 1, ch. 82-63; s. 1, ch. 88-79; s. 56, ch. 88-130; s. 12, ch. 89-175; s. 14, ch. 89-268; s. 1, ch. 90-76; ss. 16, 17, ch. 91-286; s. 378, ch. 94-356; s. 1, ch. 95-165; s. 11, ch. 97-103; s. 205, ch. 99-245; s. 1, ch. 2005-200; s. 2, ch. 2007-184; s. 26, ch. 2012-88; s. 3, ch. 2016-174; s. 12, ch. 2019-141; s. 20, ch. 2020-158; s. 1, ch. 2023-24; s. 1, ch. 2023-236; s. 2, ch. 2024-263.

F.S. 403.413 on Google Scholar

F.S. 403.413 on CourtListener

Amendments to 403.413


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S403.413
R or S next to points is Mandatory Revocation or Suspension

S403.413 (4) Amnt NOT EXCEEDING 15 lbs./27 cubic ft.(noncommercial-additional penalties may be imposed) - Points on Drivers License: 0
S403.413 (4) Amnt NOT EXCEEDING 15 lbs./27 cubic ft.(noncommercial-additional penalties may be imposed) - Points on Drivers License: 3
S403.413 (4) Amount EXCEEDING 500 lbs./100 cubic ft. or for commercial purposes (3rd degree felony) - Points on Drivers License: 0
S403.413 (4)(a) Litter on Public Highway with Motor Vehicle (infraction) - Points on Drivers License: 0
S403.413 (4)(a) Litter on Public Highway with Motor Vehicle (misdemeanor) [See 322.27(3)(d)9] - Points on Drivers License: 3
S403.413 (4)(a) Litter on Public Highway with Motor Vehicle (felony) - Points on Drivers License: 0
S403.413 (4)(c) Litter on Private Land (infraction) with Motor Vehicle - Points on Drivers License: 0
S403.413 (4)(c) Litter on Private Land (misdemeanor) with Motor Vehicle - Points on Drivers License: 3
S403.413 (4)(c) Litter on Private Land (felony) with Motor Vehicle - Points on Drivers License: 0
Arrestable Offenses / Crimes under Fla. Stat. 403.413
Level: Degree
Misdemeanor/Felony: First/Second/Third

S403.413 4 - CONSERVATION-ENVIRONMENT - REMOVED - M: F
S403.413 4 - CONSERVATION-ENVIRONMENT - REMOVED - F: T
S403.413 5 - CONSERVATION-ENVIRONMENT - DUMP RAW HUMAN WASTE - M: S
S403.413 5 - CONSERVATION-ENVIRONMENT - DUMP RAW HUMAN WASTE EXCEED 500 LBS - F: T
S403.413 6a - CONSERVATION-ENVIRONMENT - REMOVED - I: N
S403.413 6a2a - INTIMIDATION - DUMP LITTER PRIVATE PROPERTY TO THREATEN - M: F
S403.413 6a2b - INTIMIDATION - DUMP LITTER PRIVATE PROPERTY CREDIBLE THREAT - F: T
S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER PRIVATE PROP 15-500 LBS W/O PERMIT - M: F
S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER WATER CTRL PROP/CANAL 15-500 LB - M: F
S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER FRESH LAKE/RIVR 15-500 LB W/O PERM - M: F
S403.413 6b - CONSERVATION-ENVIRONMENT - REMOVED - M: F
S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER PUBLIC ROAD 15-500 LBS W/O PERMIT - M: F
S403.413 6c - CONSERVATION-ENVIRONMENT - REMOVED - F: T
S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER PUBLIC ROAD 500+ LBS W/O PERMIT - F: T
S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER FRESH LAKE RIVER 500+ LB W/O PERM - F: T
S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER WATER CTRL PROP/CANAL 500+ LB - F: T
S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER PRIVATE PROP 500+ LB W/O PERMIT - F: T

Cases Citing Statute 403.413

Total Results: 22

Walsingham v. Dockery

671 So. 2d 166, 1996 WL 71117

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1248120

Cited 9 times | Published

dumping litter defined as hazardous waste under section 403.413, Florida Statutes. In a separate information

State v. Westerman

688 So. 2d 979, 1997 WL 78499

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 1769287

Cited 6 times | Published

weighing over 2000 pounds, on county property. See § 403.413(6)(c), Fla. Stat. (1995). Mr. Westerman filed

Metropolitan Dade County v. Norton

543 So. 2d 1301, 14 Fla. L. Weekly 1316, 1989 Fla. App. LEXIS 3043, 1989 WL 56024

District Court of Appeal of Florida | Filed: May 30, 1989 | Docket: 1729815

Cited 6 times | Published

officer." It matters not who threw the cup. Section 403.413(4)(a), Florida Statutes (1985), provides that

Lemus v. State

585 So. 2d 388, 1991 WL 161739

District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 1688732

Cited 4 times | Published

1989, for commercial purposes, a violation of section 403.413, Florida Statutes (1989). Lemus, a citizen

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

enforcement officer as defined in s. 943.10"); § 403.413(2)(c), Fla. Stat. (2002) (defining "law enforcement

State v. Davis

838 So. 2d 696, 2003 WL 826013

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1513747

Cited 2 times | Published

Davis with illegal dumping in violation of section 403.413(4)(c) of the Florida Statutes (2000). Concluding

Turner v. State

91 So. 3d 219, 2012 WL 2327728, 2012 Fla. App. LEXIS 9867

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60309846

Cited 1 times | Published

governing violation of the Florida Litter Law, section 403.413, Florida Statutes (2008), does not authorize

Enriguez v. State

858 So. 2d 338, 2003 Fla. App. LEXIS 13959, 2003 WL 22136816

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64826190

Cited 1 times | Published

of probation for felony dumping pursuant to section 403.413, Florida Statutes (2001). Although he did not

State Farm Mutual Automobile Insurance Company v. Michael LaRocca

Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 2025 | Docket: 69054948

Published

Argued: Mar 5, 2025

punishable by a civil penalty of $150. Id. § 403.413(6)(a). LaRocca argues that on State Farm’s

Mattice v. State of Florida

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135340

Published

and 403.413(6)(a), Florida Statutes (2022). Section 403.413(6)(a) states that anyone in violation of the

Cosio v. State

227 So. 3d 209, 2017 WL 3878887, 2017 Fla. App. LEXIS 12786

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148084

Published

the felonious threshold of littering under section 403,413(6)(c). 1 Mr, Cosio takes particular

State v. Gil

68 So. 3d 999, 2011 Fla. App. LEXIS 14136, 2011 WL 3903157

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302416

Published

violations; three points for any conviction under section 403.413(6)(b); and four points for any conviction under

Ago

Florida Attorney General Reports | Filed: Jun 16, 2005 | Docket: 3256465

Published

owned or operated by a governmental entity.2 Section 403.413(2)(f), Florida Statutes, defines a "commercial

State v. Foster

849 So. 2d 1149, 2003 Fla. App. LEXIS 10868, 2003 WL 21672821

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 64824047

Published

Michael Foster with a single count of violating section 403.413(4)(c), Florida Statutes (2001). That section

Ago

Florida Attorney General Reports | Filed: Nov 5, 1997 | Docket: 3258929

Published

such an ordinance would not conflict with section 403.413(6), Florida Statutes. Section 2(b), Article

State v. Dvorak

676 So. 2d 33, 1996 Fla. App. LEXIS 6687, 1996 WL 346095

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64765989

Published

The state charged appellee with violating section 403.413(5), Florida Statutes (1993), which reads: Unless

Alwes v. State

657 So. 2d 68, 1995 Fla. App. LEXIS 7486, 1995 WL 407460

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 64757528

Published

Irving v. State, 627 So.2d 92 (Fla. 3d DCA 1993) § 403.413, Fla.Stat.

State v. Thurston

591 So. 2d 998, 1991 Fla. App. LEXIS 12382, 1991 WL 267976

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64664407

Published

CURIAM. The trial court held unconstitutional Section 403.413, Florida Statutes (1991), as being overbroad

State v. Williams

584 So. 2d 1119, 1991 Fla. App. LEXIS 8194, 1991 WL 159151

District Court of Appeal of Florida | Filed: Aug 22, 1991 | Docket: 64661122

Published

arresting him for littering in violation of section 403.413(4)(a), Florida Statutes. The act for which

State v. Williams

584 So. 2d 1119, 1991 Fla. App. LEXIS 8194, 1991 WL 159151

District Court of Appeal of Florida | Filed: Aug 22, 1991 | Docket: 64661122

Published

arresting him for littering in violation of section 403.413(4)(a), Florida Statutes. The act for which

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

544 So. 2d 198, 1989 Fla. LEXIS 1295, 1989 WL 65666

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 64642859

Published

weight or 100 cubic feet in volume of litter. § 403.413(5)(c), Fla. Stat. (Supp.1988). Also, section 787

Williams v. State

540 So. 2d 229, 14 Fla. L. Weekly 756, 1989 Fla. App. LEXIS 1498, 1989 WL 25375

District Court of Appeal of Florida | Filed: Mar 23, 1989 | Docket: 64641164

Published

court with a misdemean- or violation of Florida Statute 403.413(4)(a) (1987), The Florida Litter Law. The

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