Senate Bill sb0444

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    Florida Senate - 2007                                   SB 444

    By Senator Bennett





    21-482-07                                            See HB 57

  1                      A bill to be entitled

  2         An act relating to regulation of releases from

  3         gambling vessels; creating s. 376.25, F.S.;

  4         providing a short title; providing definitions;

  5         requiring gambling vessels operating in coastal

  6         waters to register with the Department of

  7         Environmental Protection; specifying the

  8         requirements for vessel registration; requiring

  9         ports to establish procedures for the release

10         of certain substances by gambling vessels at

11         port facilities; requiring ports to establish

12         and collect certain fees; requiring the

13         reporting of the release of certain substances

14         into coastal waters by gambling vessels;

15         providing civil penalties for violations;

16         providing exemptions; requiring the department

17         to adopt rules; directing the department to

18         petition the Federal Government to prohibit

19         certain releases within the federal territorial

20         waters off the shores of this state; providing

21         an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 376.25, Florida Statutes, is

26  created to read:

27         376.25  Gambling vessels; registration; required and

28  prohibited releases.--

29         (1)  SHORT TITLE.--This section may be cited as the

30  "Clean Ocean Act."

31         (2)  DEFINITIONS.--As used in this section:

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    Florida Senate - 2007                                   SB 444
    21-482-07                                            See HB 57




 1         (a)  "Biomedical waste" means any solid or liquid waste

 2  as defined in s. 381.0098(2)(a).

 3         (b)  "Coastal waters" means waters of the Atlantic

 4  Ocean or the Gulf of Mexico within the jurisdiction of the

 5  state.

 6         (c)  "Department" means the Department of Environmental

 7  Protection.

 8         (d)  "Gambling" or "gambling device" means any game of

 9  chance and includes, but is not limited to, cards, keno,

10  roulette, faro, slot machines, video poker, or blackjack

11  machines played for money or thing of value. The term

12  "gambling" does not include penny-ante games as defined in s.

13  849.085(2)(a).

14         (e)  "Gambling vessel" means a boat, ship, casino boat,

15  watercraft, or barge that is kept, operated, or maintained for

16  the purpose of gambling and that carries or operates gambling

17  devices for the use of its passengers or otherwise provides

18  facilities for the purpose of gambling, whether within or

19  without the jurisdiction of this state, and whether the vessel

20  is anchored, berthed, lying to, or navigating, and the

21  sailing, voyaging, or cruising, or any segment of the sailing,

22  voyaging, or cruising, begins and ends within this state. The

23  term "gambling vessel" does not include a cruise ship as

24  defined in 33 C.F.R. s. 101.105.

25         (f)  "Hazardous waste" means any solid waste as defined

26  in s. 403.703(21).

27         (g)  "Oily bilge water" means bilge water that contains

28  used lubrication oils, oil sludge and slops, fuel and oil

29  sludge, used oil, used fuel and fuel filters, and oily waste.

30         (h)  "Port" means any place in the state into which

31  gambling vessels enter or depart for docking.

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    Florida Senate - 2007                                   SB 444
    21-482-07                                            See HB 57




 1         (i)  "Release" means any discharge of liquids or

 2  solids, however caused, from a gambling vessel and includes

 3  any escape, disposal, spilling, leaking, pumping, emitting, or

 4  emptying.

 5         (j)  "Sewage" means human body waste and the waste from

 6  toilets and other receptacles intended to receive or retain

 7  human body waste and includes any material that has been

 8  collected or treated through a marine sanitation device, as

 9  that term is used in s. 312 of the Clean Water Act, 33 U.S.C.

10  s. 1322, or that is a byproduct of sewage treatment.

11         (k)  "Treated blackwater" means that part of treated

12  sewage carried off by toilets, urinals, and kitchen drains.

13         (l)  "Treated graywater" means that part of treated

14  sewage that is not blackwater, including waste from the bath,

15  lavatory, laundry, and sink, except kitchen sink waste.

16         (m)  "Untreated blackwater" means that part of

17  untreated sewage carried off by toilets, urinals, and kitchen

18  drains.

19         (n)  "Untreated graywater" means that part of untreated

20  sewage that is not blackwater, including waste from the bath,

21  lavatory, laundry, and sink, except kitchen sink waste.

22         (3)  REGISTRATION REQUIREMENTS.--

23         (a)  For each calendar year in which the owner or

24  operator of a gambling vessel intends to operate, or cause or

25  allow to be operated, a gambling vessel in coastal waters, the

26  owner or operator of the vessel shall register with the

27  department. The registration shall be completed before any

28  commercial passenger vessel of the owner or operator enters

29  the marine waters of the state in that calendar year. The

30  registration shall include the following information:

31  

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    Florida Senate - 2007                                   SB 444
    21-482-07                                            See HB 57




 1         1.  The vessel owner's business name and, if different,

 2  the vessel operator's business name for each gambling vessel

 3  of the owner or operator which is scheduled to be in coastal

 4  waters during the calendar year.

 5         2.  The postal address, e-mail address, telephone

 6  number, and facsimile number of the principal place of each

 7  business identified in subparagraph 1.

 8         3.  The name and address of an agent for service of

 9  process for each business identified under subparagraph 1. The

10  owner and operator shall continuously maintain a designated

11  agent for service of process whenever a gambling vessel of the

12  owner or operator is in coastal waters, and the agent must be

13  an individual resident of this state, a domestic corporation,

14  or a foreign corporation having a place of business in and

15  authorized to do business in this state.

16         4.  The name or call sign, port of registry, and

17  passenger and crew capacity of each of the owner's or

18  operator's vessels scheduled to call upon a port in this state

19  or otherwise to be in coastal waters during the calendar year

20  and after the date of registration.

21         5.  A description of all waste treatment systems of

22  each vessel identified under subparagraph 4., including system

23  type, design, operation, location of all discharge pipes and

24  valves, and the number and capacity of all storage areas and

25  holding tanks.

26         (b)  Registration under paragraph (a) shall be executed

27  under oath by the owner or operator or designated

28  representative thereof.

29         (c)  Upon request of the department, the registrant

30  shall submit registration information required under this

31  subsection electronically.

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    Florida Senate - 2007                                   SB 444
    21-482-07                                            See HB 57




 1         (4)  REQUIRED RELEASES.--

 2         (a)  Each port shall establish procedures, including a

 3  process for verification of the contents released, for the

 4  release of sewage, oily bilge water, untreated or treated

 5  graywater, untreated or treated blackwater, hazardous waste,

 6  and biomedical waste from gambling vessels at port facilities.

 7         (b)  Each port shall establish and collect a fee not to

 8  exceed the costs associated with disposal of the required

 9  releases from gambling vessels.

10         (5)  NOTIFICATION OF RELEASES.--If a gambling vessel

11  releases any sewage, oily bilge water, untreated or treated

12  graywater, untreated or treated blackwater, hazardous waste,

13  or biomedical waste into coastal waters, the owner or operator

14  shall immediately, but no later than 24 hours after the

15  release, notify the department of the release. The owner or

16  operator shall include all of the following information in the

17  notification:

18         (a)  Date of the release.

19         (b)  Time of the release.

20         (c)  Location of the release.

21         (d)  Volume of the release.

22         (e)  Source of the release.

23         (f)  Remedial actions taken to prevent future releases.

24         (6)  PENALTIES.--

25         (a)  A person who violates this section is subject to a

26  civil penalty of not more than $50,000 for each violation.

27         (b)  The civil penalty imposed for each separate

28  violation of this section is separate from, and in addition

29  to, any other civil penalty imposed for a separate violation

30  under this subsection or any other provision of law.

31  

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    Florida Senate - 2007                                   SB 444
    21-482-07                                            See HB 57




 1         (c)  In determining the amount of a civil penalty

 2  imposed under this subsection, the department shall take into

 3  consideration all relevant circumstances, including, but not

 4  limited to, the nature, circumstances, extent, and gravity of

 5  the violation. In making this determination, the department

 6  shall consider the degree of toxicity and volume of the

 7  release, the extent of harm caused by the violation, whether

 8  the effects of the violation can be reversed or mitigated,

 9  and, with respect to the defendant, the ability to pay, the

10  effect of a civil penalty on the ability to continue in

11  business, all voluntary cleanup efforts undertaken in the

12  past, the prior history of violations, the gravity of the

13  behavior, the economic benefit, if any, resulting from the

14  violation, and all other matters the department determines

15  justice may require.

16         (7)  APPLICABILITY.--This section does not apply to

17  releases made for the purpose of securing the safety of the

18  gambling vessel or saving life at sea if all reasonable

19  precautions have been taken for the purpose of preventing or

20  minimizing the release.

21         (8)  RULES.--The department shall adopt rules pursuant

22  to ss. 120.536(1) and 120.54 to implement and administer this

23  section.

24         Section 2.  The Department of Environmental Protection

25  shall request the appropriate federal agencies to prohibit the

26  release of all sewage, oily bilge water, untreated or treated

27  graywater, untreated or treated blackwater, hazardous waste,

28  or biomedical waste from any gambling vessel within the

29  federal territorial waters off the shores of this state.

30         Section 3.  This act shall take effect July 1, 2007.

31  

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