Florida's littering penalties only encourage the trashing of the Sunshine State
Florida needs a better deterrent to littering, given the worldwide reaction to a disturbing video that came out of the recent Boca Bash event. The current punishment for dumping less than 15 pounds or 27 cubic feet of trash and garbage is a civil penalty of up to $150. For a state that prides itself on its pristine habitats and waterways, that penalty seems more like a sick joke, much less a slap on the wrist.
Bumping the noncriminal infraction up to a second-degree misdemeanor should be a no-brainer. The $500 fine and/or a maximum 60-day jail penalty that comes with the misdemeanor should send a clear message to litterbugs who casually dispose of their trash and garbage that Florida is serious about protecting its environment.
Lawmakers should make the change a priority, after a drone video by Wavy Boats went viral showing a group of boaters dumping two garbage cans full of trash into the waters off of Lake Boca and then celebrating as they were filmed by the drone. Two teenagers turned themselves in to Florida Fish and Wildlife Conservation Commission. The FWC and the Palm Beach County State's Attorney office are determining what charges will be filed in the case.
Teens take littering to the limit: Boca Bash trash dumping: Parents of teen involved issues apology, seek community service
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We hope that they don't shrug this off. This isn't someone mistakenly dropping a tissue in Mizner Park. This was from all indications a premeditated act by young boaters who simply didn't care about dumping two containers of trash into our ocean.
There are many reasons to care about littering. The Sunshine State's economy, if not its very existence, relies on a pristine environment. That means beaches, canals, coastlines, lakes, open spaces, parks, rivers, sidewalks, and streets free of cigarette butts, face masks, metal cans, plastic bags, straws and water bottles and other forms of debris.
Florida used to care more about littering
In 1988, Florida officials noted a big uptick in illegal dumping and pollution and approved the 1988 Florida LitterLaw, which provided the impetus to commit 39 sworn officers to enforce the law the following year. In 2008, the Florida Legislature passed HB 7135, prompted in part by a growing concern about the impact of plastic bags on the environment. The bill included a requirement that the Florida Department of Environmental Protection (DEP) produce reports with recommendations strengthening rules and regulations regarding plastic items and other wastes. DEP produced two reports in 2010 and 2021, respectively, but the state's republican-controlled legislature ignored those suggestions.
Unfortunately, 2008 was also the year in which state leaders demonstrated a one step forward, three steps back series of environmental policies. As it urged DEP to begin looking at plastic bag pollution, state lawmakers and then-Gov. Charlie Crist enacted a bill making Florida the first state in the nation to pre-empt local ordinances regulating plastic bags and polystyrene used to produce disposable plastic containers. Current state law bars municipalities from extending local bans on plastics and other forms of trash beyond their city-owned properties.
It's not like Floridians favor trash-strewn roadways or floating armadas of plastic waste in waterways. A 2021 department report found that increased awareness has encouraged more Floridians to look for new ways to reduce waste and promote more environmentally friendly decisions. Tougher litter penalties should be at the top of the list. Unfortunately, there are still legislators who don't get that the public supports a clean environment.
Just this year, state, Rep. Bradford Yeagar, R-New Port Richey and Sen. Jonathan Martin, R-Fort Myers, filed HB 1641 and SB 1126, respectively, that would repeal the remaining anti-plastic regulations that are on the books in roughly 20 Florida municipalities, including Boynton Beach and Stuart. Both measures fortunately never made it through the committee process. The fact that the bills even received consideration is troubling.
This year's legislative attempt to further scuttle environmental protection obviously didn't resonate with the public as much as the graphic video showing the jubilant teenage boaters dumping debris into the ocean. The parents of one of the teens issued an apology, urging the youths be given community service to make the dumping "a teachable moment." No word from the parents of the other teen cited as to such public teaching.
Granted, there may be some skepticism that a tougher penalty would amount to a huge jump in arrests and citations. But that sentiment misses the point. The emphasis should be on deterrence. What's the lesson that should be learned? Once violators face penalties that have some teeth, they'll realize Florida takes littering seriously.
This article originally appeared on Palm Beach Post: Florida littering law too mild a deterrent to protect the environment
