The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 506
STAMPED OR MARKED CONTAINERS AND BASKETS

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F.S. 506.5131

506.5131 Return of shopping carts; assessment of fees, fines, and costs.—

(1) The rightful owner of any shopping cart with a registered name or mark found on public property shall be immediately notified of its recovery.

(2) Notwithstanding any other provision of law or local ordinance, no fee, fine, or costs may be assessed against the owner of a shopping cart unless the shopping cart was found on public property and was removed from the premises or parking area of a retail establishment by the owner of the shopping cart, or an employee acting on the owner’s behalf, and the fee, fine, or cost has been approved by the Department of Agriculture and Consumer Services. This subsection shall not apply to any ordinance adopted after January 31, 2002, and prior to June 30, 2002, that requires a business establishment to install a retention system to retain shopping carts within the real property boundaries of a business location.

History.—s. 12, ch. 98-396; s. 6, ch. 2006-165.

F.S. 506.5131 on Google Scholar

F.S. 506.5131 on Casetext

Amendments to 506.5131

Arrestable Offenses / Crimes under Fla. Stat. 506.5131

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 506.5131.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF KISSIMMEE, v. FLORIDA RETAIL FEDERATION, INC., 915 So. 2d 205 (Fla. Dist. Ct. App. 2005)

. . . “shopping cart retention” ordinance unconstitutional because it purportedly' conflicts with section 506.5131 . . . In 1998, the Florida Legislature enacted section 506.5131, which provides: (1) The rightful owner of . . . They assert that the broader “intent” of section 506.5131 is not' merely to protect cart owners from . . . Section 506.5131 may not be a model of drafting, but its parameters are clear: the owner of a shopping . . . Two retailers refused to make the donation and took steps that led to the enactment of section 506.5131 . . .