Senate Bill 602 (2024) — Release of balloons
SB 602
Florida Bills
Florida Senate - 2024 SB By Senator DiCeglie 18-00476B-24 2024602__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to the release of balloons; amending s. 379.233, F.S.; revising a prohibition on the release of certain balloons to delete a specified timeframe and number of balloons; deleting an exemption from such prohibition for certain biodegradable or photodegradable balloons; providing that a person who violates the prohibition commits the noncriminal infraction of littering; revising the penalty for such violation; deleting a provision authorizing petitions to enjoin the release of balloons under certain circumstances; amending s. 12 403.413, F.S.; revising the
definitions of the terms 13 “dump” and “litter”; reenacting s. 403.4135(1), F.S., 14 relating to litter receptacles, to incorporate the amendment made to s. 403.413, F.S., in a reference thereto; providing an effective date. 17
Be It Enacted by the Legislature of the State of Florida: 19
Section 1. Subsections (2), (3), and (4) of
section 21 379.233, Florida Statutes, are amended to read: 22 379.233 Release of balloons.— 23
(2) It is unlawful for any person, firm, or corporation to intentionally release, organize the release of, or intentionally cause to be released within a 24-hour period or more balloons inflated with a gas that is lighter than air except for any of the following: 28
(
a) Balloons released by a person on behalf of a Florida Senate - 2024 SB 602 18-00476B-24 2024602__ CODING: Words stricken are deletions; words underlined are additions. governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.; 31
(
b) Hot air balloons that are recovered after launching.; 32
(
c) Balloons released indoors; or 33
(
d) Balloons that are either biodegradable or photodegradable, as determined by rule of the Fish and Wildlife Conservation Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. In the event that any balloons are released pursuant to the exemption established in this paragraph, the party responsible for the release shall make available to any law enforcement officer evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act. 44
(3) Any person who violates subsection (2) commits is guilty of a noncriminal littering infraction, punishable as provided in s. 403.413(6)(
a) by a fine of $250. 47
(4) Any person may petition the circuit court to enjoin the release of or more balloons if that person is a citizen of the county in which the balloons are to be released. 50
Section 2. Paragraphs
(
d) and
(
f) of subsection (2) of
section 403.413, Florida Statutes, are amended to read: 52 403.413 Florida Litter Law.— 53
(2) DEFINITIONS.—As used in this section: 54
(d) “Dump” means to dump, throw, discard, place, deposit, 55 drain, discharge, or dispose of, or intentionally release. 56
(f) “Litter” means any personal property; garbage; rubbish; 57 trash; refuse; can; bottle; box; container; paper; balloon; 58 Florida Senate - 2024 SB 602 18-00476B-24 2024602__ CODING: Words stricken are deletions; words underlined are additions. 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; 62 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. 69
Section 3. For the purpose of incorporating the amendment made by this act to
section 403.413, Florida Statutes, in a reference thereto, subsection (1) of
section 403.4135, Florida Statutes, is reenacted to read: 73 403.4135 Litter receptacles.— 74
(1) DEFINITIONS.—As used in this
section “litter” and 75 “vessel” have the same meanings as provided in s. 403.413. 76