Barry Law Environmental and Earth Law Journal

Do you despise people who litter? Would you like to read an article about just that? 

Welcome. My personal rage towards people who throw plastic cigarette cartons out of their car windows has inspired me to do some research on the littering statutes around the country. Personally, I’d like to conduct citizen arrests on the numerous people I witness littering every single day. 

Littering happens in many forms, including people who unintentionally litter by incompetently packing their truck beds. In Florida, it is a noncriminal infraction with a $100 penalty for littering amounts less than 15 pounds or 27 cubic feet. The most severe penalty is $1,000 fine and a potential felony charge for over 500 pounds dumped. In State v. Davis, the Fifth District Court of Appeals found that the littering statute does not exclude people from being prosecuted for dumping on their own private property. The defendant was convicted under the public nuisance statute because of the grotesque amount of waste dumped. Drivers in Florida can have three points added to their driver’s license for littering from their vehicle. 

Unfortunately, enforcement of littering statutes is infrequent. Enforcement is the key to achieving the purpose behind any law. Effective enforcement requires remediation of the areas harmed by public and private littering and deterring similar conduct in the future. The problem lies in the practicality of enforcing litter laws and the severity of the penalties for violating them. It is not just people but our governing offices that do not appreciate the severity of these laws. Most penalties are better classified as annoyances rather than punishments. The penalties lack sting and catching your everyday litter-er is simply not an easy task for officers. Thus, those responsible for enforcing the law must allocate their time to best handle crime in general and litter laws fall low on the priority list.  

Litter laws are primarily enforced by code enforcement officers or local law enforcement. Furthermore, in some states, these penalties are challenged in the county and state courts. Considering budgetary restraints, it is not practical to expend personnel resources on enforcing litter laws. The most heavily prosecuted violators and most severe penalties are in the commercial sector. These are the cases we see on the news. However, much of the harm is done on a minor scale. The type of littering we simply look past. It is the guy throwing the cigarette carton from his car window. 

            My proposal? Take out your frustration with these small-time violators. Many states and local governments have reporting systems in place and ways you can get in touch with code enforcement to begin cleanup of a particular area. Let’s take the initiative! If you see an area in OUR community that needs clean up, then report it. The Earth & Environmental Journal would love to set up group cleanups to clean up Orlando! Please feel free to report in a comment or call local code enforcement using the links below. Don’t be a trash person and just throw your trash away responsibly.

http://www.litter-bug.org/report_littering.asp?STATE_PROVINCE=FL&CITY=Orlando

http://www.ncsl.org/research/environment-and-natural-resources/states-with-littering-penalties.aspx

Click to access Enforcement_and_Prosecution_Guide_Final.pdf

§ 403.413 Florida Litter Law

State v. Davis, 838 So. 2d 696, 698 (Fla. Dist. Ct. App. 2003)