Florida Statute 403.413 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.413

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 Casetext

Amendments to 403.413

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 6b - CONSERVATION-ENVIRONMENT - REMOVED - M: F

S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER PUBLIC ROAD 15-500 LBS WO PERMIT - M: F

S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER FRESH LAKE RIVER 15-500 LB WO PERM - M: F

S403.413 6b - CONSERVATION-ENVIRONMENT - DUMP LITTER PRIVATE PROP 15-500 LBS WO PERMIT - M: F

S403.413 6c - CONSERVATION-ENVIRONMENT - REMOVED - F: T

S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER PUBLIC ROAD 500+ LBS WO PERMIT - F: T

S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER FRESH LAKE RIVER 500+ LB WO PERM - F: T

S403.413 6c - CONSERVATION-ENVIRONMENT - DUMP LITTER PRIVATE PROPERTY 500+ LB WO PERMIT - F: T

Civil Citations / Citable Offenses under S403.413

R or S next to points is Mandatory Revocation or Suspension

S403.413 (4) LITTER LAW (Only when motor vehicle is involved) Dumping on any public highway/street/alley/thoroughfare including right-of-ways thereof/public lands. If discarded from a motor vehicle - the OPERATOR/OWNER, or BOTH to be cited. - Points on Drivers License:

S403.413 (4) Amount NOT EXCEEDING 15 lbs./27 cubic ft. (noncommercial) (additional penalties may be imposed) - Points on Drivers License: 0

S403.413 (4) Amount EXCEEDING 15 lbs./27 cubic ft., but NOT over 500 LBS/100 cubic ft. (noncommercial) Amount EXCEEDING 500 lbs./100 cubic ft. or for commercial purposes (3rd degree felony) - Points on Drivers License: 3

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) Drivers charged with a violation of 403.413 (4), misdemeanor littering while using a motor vehicle, will receive a penalty of three points, regardless of whether adjudication was withheld [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

Annotations, Discussions, Cases:

Cases Citing Statute 403.413

Total Results: 20

Mattice v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: to sections 775.083 and 403.413(6)(a), Florida Statutes (2022). Section 403.413(6)(a) states that anyone…discretionary fines pursuant to sections 775.083 and 403.413(6)(a) and remand for the trial court to enter a

DAVID CHARLES WOODSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-01T00:53:00-07:00

Snippet: unwarned statements.” Ross v. State, 45 So. 3d 403, 413 (Fla. 2010) (quoting Oregon v. Elstad, 470 U.S

Alexander v. Kalitan

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 263 So. 3d 70

Snippet: N. Broward Hosp. Dist. v. Kalitan , 174 So.3d 403, 413 (Fla. 4th DCA 2015). We gave the trial court the

Alexander v. Kalitan

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-09T00:00:00-08:00

Citation: 263 So. 3d 70

Snippet: N. Broward Hosp. Dist. v. Kalitan , 174 So.3d 403, 413 (Fla. 4th DCA 2015). We gave the trial court the

ROB ALEXANDER, M.D. v. SUSAN KALITAN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-08T23:53:00-08:00

Snippet: N. Broward Hosp. Dist. v. Kalitan, 174 So. 3d 403, 413 (Fla. 4th DCA 2015). We gave the trial court the

Emerald Coast Utilities Authority v. Bear Marcus Pointe, LLC a Florida limited etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-06T00:00:00-07:00

Citation: 227 So. 3d 752

Snippet: Robinson v. Wix Filtration Corp. LLC, 599 F.3d 403, 413 (4th Cir. 2010) (holding that counsel’s computer

Cosio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

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

Snippet: withhold of adjudication for violating sections 403.413(4) and (6)(c), Florida Statutes (2015). We are …felonious threshold of littering under section 403,413(6)(c). 1 Mr, Cosio takes particular …property owners such as Mr. Cosio. Section 403.413(4) provides: Dumping litter prohibited.—Unless…governmental operations. Subsection (6) of section 403.413 establishes tiers of penalties for Violation of…the statute. To be found in violation of section 403.413, the State had to prove that Mr. Cosio “dumped”

Emerald Coast Utilities Authority v. Bear Marcus Pointe, LLC a Florida limited etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-09T00:53:00-07:00

Snippet: Robinson v. Wix Filtration Corp. LLC, 599 F.3d 403, 413 (4th Cir. 2010)

Gil v. State

Court: Fla. | Date Filed: 2013-07-11T00:00:00-07:00

Citation: 118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Snippet: and violations of applicable provisions of s. 403.413(6)(b) [dumping of litter] when such violations …a crash — 4 points. 9. Any conviction under s. 403.413(6)(b) — 3 points. 10. Any conviction under s. 316.0775

Turner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-20T00:00:00-07:00

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

Snippet: governing violation of the Florida Litter Law, section 403.413, Florida Statutes (2008), does not authorize a …omission of section 775.084 penalties from section 403.413 pertains, however, only to the offense of felony

State v. Gil

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

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

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

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:53:00-07:00

Citation: 965 So. 2d 308

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

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-28T00:53:00-07:00

Citation: 928 So. 2d 442

Snippet: motion for judgment of acquittal; (2) sections 403.413 and 832.01, Florida Statutes (2000) are unconstitutional

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-06-16T00:53:00-07:00

Snippet: or operated by a governmental entity.2 Section 403.413(2)(f), Florida Statutes, defines a "commercial…amended (49 U.S.C. ss. 1801 et seq.). 3 Section 403.413(2)(e), Fla. Stat. 4 Attorney General Opinion 74

Enriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-17T00:00:00-07:00

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

Snippet: probation for felony dumping pursuant to section 403.413, Florida Statutes (2001). Although he did not preserve…throw, discard, place, deposit, or dispose of.” § 403.413(2)(g), Fla. Stat. (2001). The definition of “litter… [and] motor vehicle or motor vehicle part.” § 403.413(2)(a), Fla. Stat. (2001). If the litter weighs … Concur. . § 810.09, Fla. Stat. (2001). . § 403.413(4), Fla. Stat. (2001). . We note that Mr. Enriguez

State v. Foster

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-18T00:00:00-07:00

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

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

State v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-06T23:53:00-08:00

Citation: 838 So. 2d 696

Snippet: be prosecuted for violating section 403.413(4)(c), section 403.413(6)(f) of the Florida Statutes requires…. The actual wording of section 403.413(6)(f) is as follows: § 403.413 Florida Litter Law * * * (6) PENALTIES…private property of another. Section 403.413(6)(h) provides: § 403.413 Florida Litter Law. * * * (6) PENALTIES…Davis with illegal dumping in violation of section 403.413(4)(c) of the Florida Statutes (2000). Concluding…dismiss the count. Florida's litter law, section 403.413 of the Florida Statutes (2000), is contained in

Huebner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-16T23:53:00-08:00

Citation: 731 So. 2d 40

Snippet: chargeable to the operator of the motor vehicle. §§ 403.413(4)(a) & (5)(a), Fla. Stat. (1985). The

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-11-04T23:53:00-08:00

Snippet: 5 See, s. 403.413(1), Fla. Stat. 6 Section 403.413(6)(a)-(c), Fla. Stat. 7 Section 403.413(6)(d)-(e),…such an ordinance would not conflict with section 403.413(6), Florida Statutes. Section 2(b), Article VIII…the absence of preemption or conflict. Section 403.413, Florida Statutes, is the "Florida Litter …violations of the litter ordinance. However, section 403.413, Florida Statutes, does not represent the exclusive…such an ordinance would not conflict with section 403.413(6), Florida Statutes. Sincerely, Robert A. Butterworth

State v. Westerman

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-25T23:53:00-08:00

Citation: 688 So. 2d 979

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