Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 444
Barcode 710432
CHAMBER ACTION
Senate House
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03/22/2007 04:02 PM .
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11 The Committee on Environmental Preservation and Conservation
12 (Jones) recommended the following substitute for amendment
13 (464752):
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15 Senate Amendment (with title amendment)
16 Delete everything after the enacting clause
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18 and insert:
19 Section 1. Section 376.25, Florida Statutes, is
20 created to read:
21 376.25 Vessels; registration; required and prohibited
22 releases.--
23 (1) SHORT TITLE.--This section may be cited as the
24 "Clean Ocean Act."
25 (2) DEFINITIONS.--As used in this section:
26 (a) "Berth" is the facility wherein a gambling vessel
27 lies when at anchor or at a wharf and where passengers embark
28 and disembark.
29 (b) "Biomedical waste" has the same meaning as in s.
30 381.0098(2)(a).
31 (c) "Coastal waters" means waters of the Atlantic
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 444
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1 Ocean or the Gulf of Mexico within the jurisdiction of the
2 state.
3 (d) "Department" means the Department of Environmental
4 Protection.
5 (e) "Gambling vessel" means a boat, ship, casino boat,
6 watercraft, or barge that is kept, operated, or maintained for
7 the purpose of gambling and that carries or operates gambling
8 devices for the use of its passengers or otherwise provides
9 facilities for the purpose of gambling, whether within or
10 without the jurisdiction of this state, and whether the
11 sailing, voyaging, or cruising, or any segment of the sailing,
12 voyaging, or cruising, begins and ends within this state. The
13 term "gambling vessel" does not include a cruise ship as
14 defined in 50 33 C.F.R. s. 101.105.
15 (f) "Hazardous waste" has the same meaning as in s.
16 403.703(21).
17 (g) "Oily bilge water" means bilge water that contains
18 used lubrication oils, oil sludge and slops, fuel and oil
19 sludge, used oil, used fuel and fuel filters, and oily waste.
20 (h) "Release" means any discharge of liquids or
21 solids, however caused, from a gambling vessel and includes
22 any escape, disposal, spilling, leaking, pumping, emitting, or
23 emptying.
24 (i) "Sewage" means human body waste and the waste from
25 toilets and other receptacles intended to receive or retain
26 human body waste and includes any material that has been
27 collected or treated through a marine sanitation device, as
28 that term is used in s. 312 of the Clean Water Act, 33 U.S.C.
29 s. 1322, or that is a byproduct of sewage treatment.
30 (j) "Treated blackwater" means that part of treated
31 sewage which originates from toilets, urinals, and kitchen
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 444
Barcode 710432
1 drains.
2 (k) "Treated graywater" means that part of treated
3 sewage which is not blackwater, including waste from the bath,
4 lavatory, laundry, and sink, except kitchen sink waste.
5 (l) "Untreated blackwater" means that part of
6 untreated sewage which originates from toilets, urinals, and
7 kitchen drains.
8 (m) "Untreated graywater" means that part of untreated
9 sewage which is not blackwater, including waste from the bath,
10 lavatory, laundry, and sink, except kitchen sink waste.
11 (n) "Scheduled Releases" means the amount of treated
12 and untreated sewage which has filled the registered capacity
13 of a gambling vessel's waste treatment system and capacity of
14 storage areas and holding tanks. In this condition it would be
15 reasonably expected that a gambling vessel would have a need
16 to dispose of the content of its sewage system.
17 (3) REGISTRATION REQUIREMENTS.--
18 (a) For each calendar year in which the owner or
19 operator of a gambling vessel intends to operate, or cause or
20 allow to be operated, a gambling vessel in coastal waters, the
21 owner or operator of the gambling vessel shall register with
22 the department. The registration must be completed before the
23 gambling vessel of the owner or operator enters the marine
24 waters of the state in that calendar year. The registration
25 shall include the following information:
26 1. The gambling vessel owner's business name and, if
27 different, the gambling vessel operator's business name for
28 each gambling vessel of the owner or operator which is
29 reasonably expected to be in coastal waters during the
30 calendar year.
31 2. The postal address, e-mail address, telephone
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 444
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1 number, and facsimile number of the principal place of each
2 business identified in subparagraph 1.
3 3. The name and address of an agent for service of
4 process for each business identified under subparagraph 1. The
5 owner and operator shall continuously maintain a designated
6 agent for service of process whenever a gambling vessel of the
7 owner or operator is in coastal waters, and the agent must be
8 an individual resident of this state, a domestic corporation,
9 or a foreign corporation having a place of business in and
10 authorized to do business in this state.
11 4. The name or call sign, port of registry, berth
12 location, and passenger and crew capacity of each of the
13 owner's or operator's gambling vessels scheduled to be in
14 coastal waters during the calendar year and after the date of
15 registration.
16 5. A description of all waste treatment systems of
17 each gambling vessel identified under subparagraph 4.,
18 including system type, design, operation, location of all
19 discharge pipes and valves, and the number and capacity or all
20 storage areas and holding tanks.
21 (b) Registration under paragraph (a) shall be executed
22 under oath by the owner or operator or designated
23 representative thereof.
24 (c) Upon request of the department, the registrant
25 shall submit registration information required under this
26 subsection electronically.
27 (4) SCHEDULED RELEASES.--
28 (a) Each facility wherein a gambling vessel makes
29 berth shall establish procedures, including a process for
30 verification of the contents released, for the release of
31 sewage, oily bilge water, untreated or treated graywater,
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 untreated or treated blackwater, hazardous waste, and
2 biomedical waste from gambling vessels at berth facilities.
3 (b) Each facility wherein a gambling vessel makes
4 berth shall establish and collect a fee not to exceed the
5 costs associated with disposal of the contents identified
6 under paragraph (a) from gambling vessels.
7 (5) NOTIFICATION OF RELEASES.--If a gambling vessel
8 releases any sewage, oily bilge water, untreated or treated
9 graywater, untreated or treated blackwater, hazardous waste,
10 or biomedical waste into coastal waters, the owner or operator
11 shall immediately, but no later than 24 hours after the
12 release, notify the department of the release. The owner or
13 operator shall include all of the following information in the
14 notification:
15 (a) Date of the release.
16 (b) Time of the release.
17 (c) Location of the release.
18 (d) Volume of the release.
19 (e) Source of the release.
20 (f) Remedial actions taken to prevent future releases.
21 (6) PENALTIES.--
22 (a) A person who violates this section is subject to a
23 civil penalty of not more than $50,000 for each violation.
24 (b) The civil penalty imposed for each separate
25 violation of this section is separate from, and in addition
26 to, any other civil penalty imposed for a separate violation
27 under this subsection or any other provision of law.
28 (c) In determining the amount of a civil penalty
29 imposed under this subsection, the department shall take into
30 consideration all relevant circumstances, including, but not
31 limited to, the nature, circumstances, extent, and gravity of
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 the violation. In making this determination, the department
2 shall consider the degree of toxicity and volume of the
3 release, the extent of harm caused by the violation, whether
4 the effects of the violation can be reversed or mitigated,
5 and, with respect to the defendant, the ability to pay, the
6 effect of a civil penalty on the ability to continue in
7 business, all voluntary cleanup efforts undertaken in the
8 past, the prior history of violations, the gravity of the
9 behavior, the economic benefit, if any, resulting from the
10 violation, and all other matters that the department
11 determines justice may require.
12 (7) APPLICABILITY.--This section does not apply to
13 releases made for the purpose of securing the safety of the
14 gambling vessel or saving life at sea if all reasonable
15 precautions have been taken for the purpose of preventing or
16 minimizing the release.
17 (8) DEPARTMENT FEES.--The department shall establish
18 and collect fees to cover the entire cost to the department of
19 developing and implementing the gambling vessel registration,
20 release tracking, and compliance and enforcement
21 responsibilities required or authorized under this section
22 (9) RULES.--The department may adopt rules pursuant to
23 ss. 120.536(1) and 120.54 to develop online registration
24 procedures, procedures for determining scheduled releases, the
25 receipt of fees from vessles, and applicable forms.
26 Section 2. The Department of Environmental Protection
27 shall request the appropriate federal agencies to prohibit the
28 release of all sewage, oily bilge water, untreated or treated
29 graywater, untreated or treated blackwater, hazardous waste,
30 or biomedical waste from any vessel within the federal
31 territorial waters off the shores of this state.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 444
Barcode 710432
1 Section 3. This act shall take effect July 1, 2007.
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
7
8 and insert:
9 A bill to be entitled
10 An act relating to regulation of releases from
11 gambling vessels; creating s. 376.25, F.S.;
12 providing a short title; providing definitions;
13 requiring that gambling vessels operating in
14 coastal waters register with the Department of
15 Environmental Protection; specifying the
16 requirements for gambling 'essel registration;
17 requiring facilities wherein gambling vessels
18 make berth; to establish procedures for the
19 release of certain substances by gambling
20 vessels at facilities; requiring facilities to
21 establish and collect certain fees; requiring
22 the reporting of the release of certain
23 substances into coastal watersby gambling
24 vessels; providing civil penalties for
25 violations; providing for fees; providing
26 exemptions; requiring that the department to
27 adopt rules;directing the department petition
28 the Federal Government to prohibit certain
29 releases within the federal territorial waters
30 off the shores of this state; providing an
31 effective date.
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