Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Baker)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 376.25, Florida Statutes, is
19 created to read:
20 376.25 Gambling vessels; registration; required and
21 prohibited releases.--
22 (1) SHORT TITLE.--This section may be cited as the
23 "Clean Ocean Act."
24 (2) DEFINITIONS.--As used in this section:
25 (a) "Biomedical waste" means any solid or liquid waste
26 as defined in s. 381.0098(2)(a).
27 (b) "Coastal waters" means waters of the Atlantic
28 Ocean or the Gulf of Mexico within the jurisdiction of the
29 state.
30 (c) "Department" means the Department of Environmental
31 Protection.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
1 (d) "Gambling" or "gambling device" means any game of
2 chance and includes, but is not limited to, cards, keno,
3 roulette, faro, slot machines, video poker, or blackjack
4 machines played for money or thing of value. The term
5 "gambling" does not include penny-ante games as defined in s.
6 849.085(2)(a).
7 (e) "Gambling vessel" means a boat, ship, casino boat,
8 watercraft, or barge that is kept, operated, or maintained for
9 the purpose of gambling and that carries or operates gambling
10 devices for the use of its passengers or otherwise provides
11 facilities for the purpose of gambling, whether within or
12 without the jurisdiction of this state, and whether the vessel
13 is anchored, berthed, lying to, or navigating, and the
14 sailing, voyaging, or cruising, or any segment of the sailing,
15 voyaging, or cruising, begins and ends within this state. The
16 term "gambling vessel" does not include a "cruise ship" as
17 defined in 33 C.F.R. s. 101.105.
18 (f) "Hazardous waste" means any solid waste as defined
19 in s. 403.703(21).
20 (g) "Oily bilge water" means bilge water that contains
21 used lubrication oils, oil sludge and slops, fuel and oil
22 sludge, used oil, used fuel and fuel filters, and oily waste.
23 (h) "Port" means any place in the state into which
24 gambling vessels enter or depart for docking.
25 (i) "Release" means any discharge of liquids or
26 solids, however caused, from a gambling vessel and includes
27 any escape, disposal, spilling, leaking, pumping, emitting, or
28 emptying.
29 (j) "Sewage" means human body waste and the waste from
30 toilets and other receptacles intended to receive or retain
31 human body waste and includes any material that has been
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
1 collected or treated through a marine sanitation device, as
2 that term is used in s. 312 of the Clean Water Act, 33 U.S.C.
3 s. 1322, or that is a byproduct of sewage treatment.
4 (k) "Treated blackwater" means that part of treated
5 sewage carried off by toilets, urinals, and kitchen drains.
6 (l) "Treated graywater" means that part of treated
7 sewage that is not blackwater, including waste from the bath,
8 lavatory, laundry, and sink, except kitchen sink waste.
9 (m) "Untreated blackwater" means that part of
10 untreated sewage carried off by toilets, urinals, and kitchen
11 drains.
12 (n) "Untreated graywater" means that part of untreated
13 sewage that is not blackwater, including waste from the bath,
14 lavatory, laundry, and sink, except kitchen sink waste.
15 (3) REGISTRATION REQUIREMENTS.--
16 (a) For each calendar year in which the owner or
17 operator of a gambling vessel intends to operate, or cause or
18 allow to be operated, a gambling vessel in coastal waters, the
19 owner or operator of the vessel shall register with the
20 department. The registration shall be completed before any
21 commercial passenger vessel of the owner or operator enters
22 the marine waters of the state in that calendar year. The
23 registration shall include the following information:
24 1. The vessel owner's business name, and, if
25 different, the vessel operator's business name for each
26 gambling vessel of the owner or operator which is scheduled to
27 be in coastal waters during the calendar year.
28 2. The postal address, e-mail address, telephone
29 number, and facsimile number of the principal place of each
30 business identified in subparagraph 1.
31 3. The name and address of an agent for service of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
1 process for each business identified under subparagraph 1. The
2 owner and operator shall continuously maintain a designated
3 agent for service of process whenever a gambling vessel of the
4 owner or operator is in coastal waters, and the agent must be
5 an individual resident of this state, a domestic corporation,
6 or a foreign corporation having a place of business in and
7 authorized to do business in this state.
8 4. The name or call sign, port of registry, and
9 passenger and crew capacity of each of the owner's or
10 operator's vessels scheduled to call upon a port in this state
11 or otherwise to be in coastal waters during the calendar year
12 and after the date of registration.
13 5. A description of all waste treatment systems of
14 each vessel identified under subparagraph 4., including system
15 type, design, operation, location of all discharge pipes and
16 valves, and the number and capacity of all storage areas and
17 holding tanks.
18 (b) Registration under paragraph (a) shall be executed
19 under oath by the owner or operator or designated
20 representative thereof.
21 (c) Upon request of the department, the registrant
22 shall submit registration information required under this
23 subsection electronically.
24 (4) REQUIRED RELEASES.--
25 (a) Each port shall establish procedures, including a
26 process for verification of the contents released, for the
27 release of sewage, oily bilge water, untreated or treated
28 graywater, untreated or treated blackwater, hazardous waste,
29 and biomedical waste from gambling vessels at port facilities.
30 (b) Each port shall establish and collect a fee not to
31 exceed the costs associated with disposal of the required
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
1 releases from gambling vessels.
2 (5) NOTIFICATION OF RELEASES.--
3 (a) If a gambling vessel releases any sewage, oily
4 bilge water, untreated or treated graywater, untreated or
5 treated blackwater, hazardous waste, or biomedical waste into
6 coastal waters, the owner or operator shall immediately, but
7 no later than 24 hours after the release, notify the
8 department of the release. The owner or operator shall include
9 all of the following information in the notification:
10 1. Date of the release.
11 2. Time of the release.
12 3. Location of the release.
13 4. Volume of the release.
14 5. Source of the release.
15 6. Remedial actions taken to prevent future releases.
16 (6) PENALTIES.--
17 (a) A person who violates this section is subject to a
18 civil penalty of not more than $50,000 for each violation.
19 (b) The civil penalty imposed for each separate
20 violation of this section is separate from, and in addition
21 to, any other civil penalty imposed for a separate violation
22 under this subsection or any other provision of law.
23 (c) In determining the amount of a civil penalty
24 imposed under this subsection, the department shall take into
25 consideration all relevant circumstances, including, but not
26 limited to, the nature, circumstances, extent, and gravity of
27 the violation. In making this determination, the department
28 shall consider the degree of toxicity and volume of the
29 release, the extent of harm caused by the violation, whether
30 the effects of the violation can be reversed or mitigated,
31 and, with respect to the defendant, the ability to pay, the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
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1 effect of a civil penalty on the ability to continue in
2 business, all voluntary cleanup efforts undertaken in the
3 past, the prior history of violations, the gravity of the
4 behavior, the economic benefit, if any, resulting from the
5 violation, and all other matters the department determines
6 justice may require.
7 (7) APPLICABILITY.--This section does not apply to
8 releases made for the purpose of securing the safety of the
9 gambling vessel or saving life at sea if all reasonable
10 precautions have been taken for the purpose of preventing or
11 minimizing the release.
12 (8) RULES.--The department shall adopt rules pursuant
13 to ss. 120.536(1) and 120.54 to implement and administer this
14 section.
15 Section 2. The Department of Environmental Protection
16 shall request the appropriate federal agencies to prohibit the
17 release of all sewage, oily bilge water, untreated or treated
18 graywater, untreated or treated blackwater, hazardous waste,
19 or biomedical waste from any gambling vessel within the
20 federal territorial waters off the shores of Florida.
21 Section 3. This act shall take effect January 1, 2007.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
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28 and insert:
29 A bill to be entitled
30 An act relating to regulation of releases from
31 gambling vessels; creating s. 376.25, F.S.;
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 732
Barcode 105760
1 providing a short title; providing definitions;
2 requiring gambling vessels operating in coastal
3 waters to register with the Department of
4 Environmental Protection; specifying the
5 requirements for vessel registration; requiring
6 ports to establish procedures for the release
7 of certain substances by gambling vessels at
8 port facilities; requiring ports to establish
9 and collect certain fees; requiring the
10 reporting of the release of certain substances
11 into coastal waters by gambling vessels;
12 providing civil penalties for violations;
13 providing exemptions; requiring the department
14 to adopt rules; directing the department to
15 petition the federal government to prohibit
16 certain releases within the federal territorial
17 waters off the shores of Florida; providing an
18 effective date.
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