Florida Senate - 2023                                    SB 1512
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-00292-23                                           20231512__
    1                        A bill to be entitled                      
    2         An act relating to the release of balloons; amending
    3         s. 379.233, F.S.; removing a provision authorizing the
    4         specified release of certain balloons; removing an
    5         exemption from such provision for biodegradable or
    6         photodegradable balloons; conforming a provision to
    7         changes made by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (2) and (4) of section 379.233,
   12  Florida Statutes, are amended to read:
   13         379.233 Release of balloons.—
   14         (2) It is unlawful for any person, firm, or corporation to
   15  intentionally release, organize the release, or intentionally
   16  cause to be released within a 24-hour period 10 or more balloons
   17  inflated with a gas that is lighter than air except for:
   18         (a) Balloons released by a person on behalf of a
   19  governmental agency or pursuant to a governmental contract for
   20  scientific or meteorological purposes;
   21         (b) Hot air balloons that are recovered after launching; or
   22         (c) Balloons released indoors; or
   23         (d) Balloons that are either biodegradable or
   24  photodegradable, as determined by rule of the Fish and Wildlife
   25  Conservation Commission, and which are closed by a hand-tied
   26  knot in the stem of the balloon without string, ribbon, or other
   27  attachments. In the event that any balloons are released
   28  pursuant to the exemption established in this paragraph, the
   29  party responsible for the release shall make available to any
   30  law enforcement officer evidence of the biodegradability or
   31  photodegradability of said balloons in the form of a certificate
   32  executed by the manufacturer. Failure to provide said evidence
   33  shall be prima facie evidence of a violation of this act.
   34         (4) Any person may petition the circuit court to enjoin the
   35  release of 10 or more balloons if that person is a citizen of
   36  the county in which the balloons are to be released.
   37         Section 2. This act shall take effect July 1, 2023.