(1) The Legislature finds that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals.
(2) It is unlawful for any person, firm, or corporation to intentionally release, organize the release, or intentionally cause to be released within a 24-hour period 10 or more balloons inflated with a gas that is lighter than air except for:
(a) Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;
(b) Hot air balloons that are recovered after launching;
(c) Balloons released indoors; or
(d) Balloons that are either biodegradable or photodegradable, as determined by rule of the Fish and Wildlife Conservation Commission, and which are closed by a hand-tied knot in the stem of the balloon without string, ribbon, or other attachments. In the event that any balloons are released pursuant to the exemption established in this paragraph, the party responsible for the release shall make available to any law enforcement officer evidence of the biodegradability or photodegradability of said balloons in the form of a certificate executed by the manufacturer. Failure to provide said evidence shall be prima facie evidence of a violation of this act.
(3) Any person who violates subsection (2) is guilty of a noncriminal infraction, punishable by a fine of $250.
(4) Any person may petition the circuit court to enjoin the release of 10 or more balloons if that person is a citizen of the county in which the balloons are to be released.
History.—s. 1, ch. 89-113; s. 186, ch. 99-245; s. 53, ch. 2008-247.
Note.—Former s. 372.995.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 379 - Fish and Wildlife Conservation
Part I - General Provisions (Ss. 379.101-379.237)
379.102 - Fish and Wildlife Conservation Commission.
379.1025 - Powers, duties, and authority of commission; rules, regulations, and orders.
379.10255 - Headquarters of commission.
379.103 - Duties of executive director.
379.104 - Right to hunt and fish.
379.105 - Harassment of hunters, trappers, or fishers.
379.106 - Administration of commission grant programs.
379.107 - Residential conservation programs.
379.201 - Administrative Trust Fund.
379.203 - Dedicated License Trust Fund.
379.204 - Federal Grants Trust Fund.
379.205 - Florida Panther Research and Management Trust Fund.
379.206 - Grants and Donations Trust Fund.
379.207 - Lifetime Fish and Wildlife Trust Fund.
379.208 - Marine Resources Conservation Trust Fund; purposes.
379.209 - Nongame Wildlife Trust Fund.
379.211 - State Game Trust Fund.
379.212 - Land Acquisition Trust Fund.
379.213 - Save the Manatee Trust Fund.
379.214 - Invasive Plant Control Trust Fund.
379.2201 - Deposit of license fees; allocation of federal funds.
379.2202 - Expenditure of funds.
379.2203 - Disposition of fines, penalties, and forfeitures.
379.2213 - Management area permit revenues.
379.2222 - Acquisition of state game lands.
379.2223 - Control and management of state game lands.
379.2224 - Preserves, refuges, etc., not tax-exempt.
379.2225 - Everglades recreational sites; definitions.
379.223 - Citizen support organizations; use of state property; audit.
379.2231 - Additional assessment; Wildlife Alert Reward Association, Inc.
379.224 - Memorandum of agreement relating to Fish and Wildlife Research Institute.
379.2252 - Compacts and agreements; generally.
379.2253 - Atlantic States Marine Fisheries Compact; implementing legislation.
379.2254 - Gulf States Marine Fisheries Compact; implementing legislation.
379.2255 - Wildlife Violator Compact Act.
379.2256 - Compact licensing and enforcement authority; administrative review.
379.2257 - Cooperative agreements with United States Forest Service; penalty.
379.2258 - Assent to provisions of Act of Congress of September 2, 1937.
379.2259 - Assent to federal acts.
379.2271 - Harmful-Algal-Bloom Task Force.
379.2272 - Harmful-algal-bloom program; implementation; goals; funding.
379.2281 - Jim Woodruff Dam; reciprocity agreements.
379.2282 - St. Marys River; reciprocity agreements.
379.2291 - Endangered and Threatened Species Act.
379.2292 - Endangered and Threatened Species Reward Program.
379.23 - Federal conservation of fish and wildlife; limited jurisdiction.
379.231 - Regulation of nonnative animals.
379.2311 - Nonnative animal management.
379.233 - Release of balloons.
379.2341 - Publications by the commission.
379.2342 - Private publication agreements; advertising; costs of production.
379.236 - Retention, destruction, and reproduction of commission records.