Bill Text: FL S0602 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Release of Balloons
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/HB 321 [S0602 Detail]
Download: Florida-2024-S0602-Introduced.html
Bill Title: Release of Balloons
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/HB 321 [S0602 Detail]
Download: Florida-2024-S0602-Introduced.html
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: 23 379.233 Release 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 releasedwithin a 24-hour period 10 or moreballoons 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 balloonsthat arerecovered after launching.;33 (c) Balloons released indoors; or34(d)Balloons that are either biodegradable or35photodegradable, as determined by rule of the Fish and Wildlife36Conservation Commission, and which are closed by a hand-tied37knot in the stem of the balloon without string, ribbon, or other38attachments. In the event that any balloons are released39pursuant to the exemption established in this paragraph, the40party responsible for the release shall make available to any41law enforcement officer evidence of the biodegradability or42photodegradability of said balloons in the form of a certificate43executed by the manufacturer. Failure to provide said evidence44shall be prima facie evidence of a violation of this act. 45 (3) Any person who violates subsection (2) commitsis46guilty ofa 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 the49release of 10 or more balloons if that person is a citizen of50the 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: 53 403.413 Florida Litter Law.— 54 (2) DEFINITIONS.—As used in this section: 55 (d) “Dump” means to dump, throw, discard, place, deposit, 56 drain, discharge,ordispose of, or intentionally release. 57 (f) “Litter” means anypersonal 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: 74 403.4135 Litter 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.