Illegal Dumping

florida littering

Corporate buildings have large metal garbage cans in the rear while neighborhood residents have designated trash cans. It is in such places where disposal of trash is legal. Discarding of waste in any area other than those designated for that specific purpose can result in one facing charges for illegal dumping, resulting in potential criminal consequences.

The Orlando illegal dumping lawyers at The Umansky Law Firm understand that not everyone who improperly disposes of their trash is a criminal. We house a team of seasoned criminal defense lawyers with experience representing individuals who’ve found themselves on the wrong side of the law. Reach out to us to discover how former prosecutors can help mitigate your criminal charges.

Illegal Dumping vs. Littering

Illegal dumping and littering both have to do with the improper disposal of waste, but they do have a few distinct differences. The most ominous difference between the two is how they are punished. While an individual can pick up a littering charge for tossing a water bottle out of a window, an illegal dumping charge is more likely to arise if a restaurant was to dump their week’s worth of trash in an alley. Florida Statute 403.413(4) explains further.

The scope of illegal dumping is purposefully broad; however all unlawful dumping cases will involve one of the following instances:

  • Discarding waste in sewers, waterways or on public or private property without a license or permit to do so
  • Allowing others to dump waste on one’s land without being licensed or permitted to do so

All Florida residents must abide by the Florida Litter Law which prohibits the illegal dumping of solid waste on properties or in bodies of water. Violators face lengthy prison sentences and hefty fines.

Florida Penalties for Illegal Dumping

There is no set penalty for illegal dumping, but all sentences will rest on the type of waste, amount of waste, whether a business or individual commits the crime, and whether the individual or entity is a repeat offender. These facts will also determine whether the offense is a misdemeanor or a felony. Common penalties for illegal dumping include:

  • Jail or prison time
  • Probation
  • Court-imposed fines
  • Community service
  • Remediation
  • Restitution

Penalties are specified under Florida Statute 403.413(6). Anyone from the individual allowing the illegal dumping on a property to a corporate executive who should have known of his company’s illicit waste management practices may face charges for illegal dumping. The Environmental Protection Agency prohibits illegal dumping and those charged will face stiff opposition. Best prepare yourself for a favorable court ruling by acquiring the services of an experienced attorney.

Defenses for Illegal Dumping in Florida

The Orlando illegal dumping lawyers at The Umansky Law Firm have over 100 years of combined experience representing the accused. No matter how insignificant you may believe your act was, you may face irreversible consequences as a result. We can help bring your case to the most favorable conclusion by presenting the most appropriate defense:

  • Justifiable reliance
  • Lack of knowledge
  • Invalid dumping regulations

Explore your criminal defense options today. Contact us at 407-228-3838 for a free case evaluation from an attorney ready to fight relentlessly on your behalf.