Florida Senate - 2023                                    SB 1368
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01436A-23                                           20231368__
    1                        A bill to be entitled                      
    2         An act relating to unlawful dumping; amending s.
    3         403.413, F.S.; revising the definitions of the terms
    4         “dump” and “litter”; defining the term “water control
    5         district”; specifying that it is unlawful to dump
    6         litter in or on any water control district property or
    7         canal right-of-way without specified consent;
    8         providing that when litter is thrown or discarded from
    9         a boat, the operator or owner, or both, are in
   10         violation of certain provisions; requiring a water
   11         control district board of directors member or district
   12         manager to report an unlawful dumping to the
   13         appropriate law enforcement agencies; authorizing law
   14         enforcement officers to enter water control district
   15         property under certain circumstances; amending s.
   16         810.011, F.S.; revising the definition of the term
   17         “posted land” to include land owned by a water control
   18         district which has no trespassing signs placed at
   19         specified points; reenacting ss. 403.4135(1) and
   20         810.12(6), F.S., relating to litter receptacles and
   21         prima facie evidence of trespass, respectively, to
   22         incorporate the amendment made to s. 403.413, F.S., in
   23         references thereto; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraphs (d) and (f) of subsection (2),
   28  subsection (4), and paragraph (i) of subsection (6) of section
   29  403.413, Florida Statutes, are amended, and paragraph (j) is
   30  added to subsection (2) of that section, to read:
   31         403.413 Florida Litter Law.—
   32         (2) DEFINITIONS.—As used in this section:
   33         (d) “Dump” means to dump, throw, discard, place, deposit,
   34  drain, discharge, or dispose of.
   35         (f) “Litter” means any personal property; garbage; rubbish;
   36  trash; refuse; can; bottle; box; container; paper; tobacco
   37  product; pharmaceutical of any kind; tire; household item; shed;
   38  appliance; mechanical equipment or part; building or
   39  construction material; tool; machinery; wood; motor vehicle or
   40  motor vehicle part, including a truck, trailer, or motor home;
   41  vessel; aircraft; farm machinery or equipment; sludge from a
   42  waste treatment facility, water supply treatment plant, or air
   43  pollution control facility; or substance in any form resulting
   44  from domestic, industrial, commercial, mining, agricultural, or
   45  governmental operations.
   46         (j)“Water control district” means a water control district
   47  that exists pursuant to chapter 298 or was created by special
   48  act of the Legislature.
   49         (4) DUMPING LITTER PROHIBITED.—Unless otherwise authorized
   50  by law or permit, it is unlawful for any person to dump litter
   51  in any manner or amount in or on any of the following areas:
   52         (a) In or on Any public highway, road, street, alley, or
   53  thoroughfare, including any portion of the right-of-way thereof,
   54  or any other public lands, except in containers or areas
   55  lawfully provided therefor. When any litter is thrown or
   56  discarded from a motor vehicle, the operator or owner of the
   57  motor vehicle, or both, are shall be deemed in violation of this
   58  section.;
   59         (b) In or on Any freshwater lake, river, canal, or stream
   60  or tidal or coastal water of the state, including canals. When
   61  any litter is thrown or discarded from a boat, the operator or
   62  owner of the boat, or both, are shall be deemed in violation of
   63  this section.; or
   64         (c) Any water control district property or canal right-of
   65  way, unless the district board of directors or the district
   66  manager or his or her designee has given prior consent. When any
   67  litter is thrown or discarded from a boat, the operator or owner
   68  of the boat, or both, are in violation of this section.
   69         (d)In or on Any private property, unless the owner has
   70  given prior consent of the owner has been given and unless the
   71  dumping of such litter by such person will not cause a public
   72  nuisance or otherwise be in violation of any other state or
   73  local law, rule, or regulation.
   74         (6) PENALTIES; ENFORCEMENT.—
   75         (i) It is shall be the duty of all law enforcement officers
   76  to enforce the provisions of this section. If a member of a
   77  water control district board of directors or a district manager
   78  discovers that a person has committed unlawful dumping in
   79  violation of paragraph (4)(c), he or she must report the
   80  incident to the appropriate law enforcement agency with
   81  jurisdiction over the district. A law enforcement officer may
   82  enter any district canal right-of-way, property, or facility to
   83  respond to such an incident.
   84         Section 2. Paragraph (a) of subsection (5) of section
   85  810.011, Florida Statutes, is amended to read:
   86         810.011 Definitions.—As used in this chapter:
   87         (5)(a) “Posted land” is that land upon which any of the
   88  following are placed:
   89         1. Signs are placed not more than 500 feet apart along, and
   90  at each corner of, the boundaries of the land or, for land owned
   91  by a water control district that exists pursuant to chapter 298
   92  or was created by special act of the Legislature, signs placed
   93  at or near the intersection of any district canal right-of-way
   94  and a road right-of-way, which, upon which signs there appears
   95  prominently display, in letters of not less than 2 inches in
   96  height, the words “no trespassing” and in addition thereto the
   97  name of the owner, lessee, or occupant of the said land. The
   98  Said signs must shall be placed along the boundary line of
   99  posted land in a manner and in such position as to be clearly
  100  noticeable from outside the boundary line; or
  101         2.a. Conspicuous no trespassing notice is painted on trees
  102  or posts on the property, provided that the notice is:
  103         (I) Painted in an international orange color and displaying
  104  the stenciled words “No Trespassing” in letters no less than 2
  105  inches high and 1 inch wide either vertically or horizontally;
  106         (II) Placed so that the bottom of the painted notice is not
  107  less than 3 feet from the ground or more than 5 feet from the
  108  ground; and
  109         (III) Placed at locations that are readily visible to any
  110  person approaching the property and no more than 500 feet apart
  111  on agricultural land.
  112         b. When a landowner uses the painted no trespassing posting
  113  to identify a no trespassing “no trespassing” area, those
  114  painted notices must shall be accompanied by signs complying
  115  with subparagraph 1. and must be placed conspicuously at all
  116  places where entry to the property is normally expected or known
  117  to occur.
  118         Section 3. For the purpose of incorporating the amendment
  119  made by this act to section 403.413, Florida Statutes, in a
  120  reference thereto, subsection (1) of section 403.4135, Florida
  121  Statutes, is reenacted to read:
  122         403.4135 Litter receptacles.—
  123         (1) DEFINITIONS.—As used in this section “litter” and
  124  “vessel” have the same meanings as provided in s. 403.413.
  125         Section 4. For the purpose of incorporating the amendment
  126  made by this act to section 403.413, Florida Statutes, in
  127  references thereto, subsection (6) of section 810.12, Florida
  128  Statutes, is reenacted to read:
  129         810.12 Unauthorized entry on land; prima facie evidence of
  130  trespass.—
  131         (6) The unlawful dumping by any person of any litter in
  132  violation of s. 403.413(4) is prima facie evidence of the
  133  intention of such person to commit an act of trespass. If any
  134  waste that is dumped in violation of s. 403.413(4) is discovered
  135  to contain any article, including, but not limited to, a letter,
  136  bill, publication, or other writing that displays the name of a
  137  person thereon, addressed to such person or in any other manner
  138  indicating that the article last belonged to such person, that
  139  discovery raises a mere inference that the person so identified
  140  has violated this section. If the court finds that the discovery
  141  of the location of the article is corroborated by the existence
  142  of an independent fact or circumstance which, standing alone,
  143  would constitute evidence sufficient to prove a violation of s.
  144  403.413(4), such person is rebuttably presumed to have violated
  145  that section.
  146         Section 5. This act shall take effect October 1, 2023.