Littering and Illegal Dumping
Unlawful disposal of litter or raw human waste under the Florida Litter Law.
Florida Statute
§ 403.413
Florida Litter Law
Verified against the 2026 Florida Statutes: September 17, 2026
Quick Summary
Identify the disposal conduct AND location, then select the civil, misdemeanor, or felony track using weight, volume, commercial purpose, hazardous waste, intimidation, or credible-threat facts. Not all littering is criminal.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Low-quantity noncommercial litter - civil
F.S. 403.413(6)(a)1.
Noncommercial litter within the 15-pound / 27-cubic-foot limits; exclude higher-quantity, hazardous-waste, and special intimidation tracks. Civil penalty is $150.
Noncommercial litter - intermediate quantity
F.S. 403.413(6)(b)
More than 15 pounds OR 27 cubic feet, without exceeding 500 pounds OR 100 cubic feet and without commercial purpose. Check the felony track if either upper threshold is exceeded.
Private-property intimidation or threats
F.S. 403.413(6)(a)2.a.
The low-quantity civil-track violation involves intentional dumping on private property to intimidate OR threaten its owner, resident, or invitee.
Private-property intimidation with credible threat
F.S. 403.413(6)(a)2.b.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Conduct AND location AND classification facts
The defendant dumped litter under subsection (4), OR dumped raw human waste from a train, aircraft, motor vehicle, or vessel under subsection (5).
Plain language: Choose one conduct track. Intentional balloon release is included in the statutory disposal definition.
- Element 2AND — Required
Conduct AND location AND classification facts
For litter: the disposal occurred on a listed public area, state waterway, water-control-district property or canal right-of-way, OR private property subject to subsection (4)'s conditions. For raw human waste: disposal occurred on public OR private land or waters of Florida.
Plain language: Match the location to the selected track and examine authorization, permits, and applicable consent conditions.
- Element 3AND — Required
Conduct AND location AND classification facts
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant Definitions
Important Definitions
Litter
Broadly includes discarded property and waste, including tobacco products, balloons, tires, appliances, vehicles, and construction material. Authorized surface-water or stormwater drainage is excluded.
Commercial purpose
A purpose of economic gain; the statute separately presumes commercial purpose for disposal from a commercial vehicle.
Dump
Includes discarding, depositing, draining, or otherwise disposing of material, including intentionally releasing balloons or arranging their release.
Additional Notes
Additional Notes
Document weight volume and purpose
Record measurements, photographs, location, vehicle or vessel involvement, ownership, authorization, and evidence of economic gain. Weight and volume thresholds are alternatives; do not require both to be exceeded. Exactly 500 pounds or 100 cubic feet is not itself the over-threshold felony fact.
Authorization and proof allocation
Review the law-or-permit qualification and each location's consent conditions. Subsections (6)(g)-(h) contain printed presumptions and proof-allocation language; obtain current State Attorney guidance on their lawful application. This entry does not certify a completed constitutional case-law audit.
Balloon-release exception
The specific intentional-balloon-release exception in (6)(a)3. covers a person age 6 or younger. It is not a general exemption for every littering act by a child.
Additional consequences
The (6)(b) track requires cleanup or comparable community service and a three-point driver-license assessment when a motor vehicle was used. Subsection (6)(c) permits cleanup, restoration, damages, or public service orders. Forfeiture in (6)(e) has its own large-quantity threshold; do not assume every commercial felony triggers it.
Threats bias and arrest authority
For intimidating litter, assess the exact intent and credible-threat facts. Paragraph (6)(a)2.c. addresses hate-crime reporting if 775.085 reclassification applies; bias alone does not establish that enhancement. The enforcement duty in (6)(i) does not itself create a blanket out-of-presence misdemeanor arrest exception or unrestricted home-entry authority.
Jury instruction reference
No section-specific standard criminal instruction for 403.413 was located in the Florida Bar listings reviewed September 17, 2026. Obtain an appropriate instruction for the exact charged track; do not treat the civil infraction as a criminal jury charge.