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A bill to be entitled

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An act relating to the regulation of releases from

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gambling vessels; creating s. 376.25, F.S.; providing a

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short title; providing definitions; requiring gambling

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vessels operating in coastal waters of the state to

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register with the Department of Environmental Protection;

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specifying the requirements for vessel registration;

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requiring the owners of certain waterfront-landing

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facilities to establish procedures concerning the release

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of waste from gambling vessels; requiring that such owners

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make available a waste-management service meeting

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specified criteria; requiring that such owners establish

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and collect certain fees; requiring that the department

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maintain on its website an estimate of the minimum waste-

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service demand of such waterfront-landing facilities;

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providing criteria governing the estimate; requiring the

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reporting of the release of certain substances into

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coastal waters by gambling vessels; providing civil

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penalties for violations; providing for the department to

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establish and collect fees meeting specified criteria;

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requiring the department to adopt rules; providing

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exemptions and legislative intent; directing the

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department to seek federal approval to amend Florida's

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Coastal Zone Management Plan and, upon such approval, to

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petition the Federal Government, via consistency review

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under the federal Coastal Zone Management Act, to prohibit

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certain releases from gambling vessels within the federal

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territorial waters off the shores of this state; directing

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the department to petition the Federal Government to

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prohibit certain releases from gambling vessels

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independently of such approval; providing an effective

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date.

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

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     Section 1.  Section 376.25, Florida Statutes, is created to

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read:

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     376.25 Gambling vessels; registration; required and

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prohibited releases.--

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

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Ocean Act."

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Berth" means a site in this state where a gambling

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vessel moors to embark or disembark its passengers.

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     (b) "Biomedical waste" has the same meaning as in s.

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381.0098(2).

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     (c) "Coastline" has the same meaning as in the Submerged

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Lands Act, 43 U.S.C. ss. 1301 et seq.

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     (d) "Coastal waters" means waters of the Atlantic Ocean

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within 3 nautical miles of the coastline of the state and waters

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of the Gulf of Mexico within 9 nautical miles of the coastline of

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the state.

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     (e) "Department" means the Department of Environmental

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Protection.

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     (f) "Gambling vessel" means a boat, ship, casino boat,

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

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the purpose of gambling and that carries or operates gambling

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devices for the use of its passengers or otherwise provides

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facilities for the purpose of gambling, whether within or without

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the jurisdiction of this state, and whether the vessel is at

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berth, lying to, or navigating, and the sailing, voyaging, or

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

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begins and ends within this state. The term does not include a

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cruise ship as defined in 33 C.F.R. s. 101.105.

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     (g) "Hazardous waste" has the same meaning as in s.

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403.703.

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     (h) "Oily bilge water" means liquid from the bilge of a

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gambling vessel which contains used lubrication oils, oil sludge

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and slops, fuel and oil sludge, used oil, used fuel and fuel

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filters, and oily waste.

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     (i) "Release" means any discharge of liquids or solids,

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however caused, from a gambling vessel and includes any escape,

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disposal, spilling, leaking, pumping, emitting, or emptying.

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

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toilets and other receptacles intended to receive or retain human

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body waste and includes any material that has been collected or

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treated through a marine sanitation device, as that term is used

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in s. 312 of the Clean Water Act, 33 U.S.C. s. 1322, or that is a

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byproduct of sewage treatment.

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

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carried off by toilets, urinals, and kitchen drains.

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

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that is not blackwater, including waste from the bath, lavatory,

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laundry, and sink, except kitchen sink waste.

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

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

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

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sewage that is not blackwater, including waste from bath,

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

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     (o) "Waste" means sewage, oily bilge water, treated

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graywater, untreated graywater, treated blackwater, untreated

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blackwater, hazardous waste, or biomedical waste.

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     (3) REGISTRATION REQUIREMENTS.--

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

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of a gambling vessel intends to operate, or cause or allow to be

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operated, a gambling vessel in coastal waters, the owner or

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operator of the vessel shall register with the department. The

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registration shall be completed before the gambling vessel enters

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the coastal waters of the state in that calendar year. The

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registration shall include the following information:

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

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

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owner or operator which is scheduled to be in coastal waters

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during the calendar year.

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

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and facsimile number of the principal place of each business

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identified under subparagraph 1.

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

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for each business identified under subparagraph 1. The owner and

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operator shall continuously maintain a designated agent for

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service of process whenever a gambling vessel of the owner or

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operator is in coastal waters, and the agent must be an

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individual resident of this state, a domestic corporation, or a

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foreign corporation having a place of business in and authorized

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to do business in this state.

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     4. The name or call sign, port of registry, berth location,

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passenger and crew capacity, and weekly schedule of when

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passengers are to be onboard for each of the owner's or

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operator's vessels scheduled to be in coastal waters during the

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calendar year and after the date of registration. If passengers

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embark or disembark a gambling vessel from another vessel while

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the gambling vessel is in coastal waters but not moored to a

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waterfront landing, a waterfront-landing facility in this state

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where the other vessel moors while such passengers embark or

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disembark for the gambling-vessel voyage must also be registered

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as a berth location of the gambling vessel.

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     5. A description of all waste management systems, including

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systems for the treatment, storage, or disposal of waste for each

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gambling vessel identified under subparagraph 4., including, but

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not limited to, system type, design, operation, location, and

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capacity of all discharge pipes and valves, and the number and

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capacity of all storage areas and holding tanks.

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

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under oath by the owner or operator or designated representative

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thereof.

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

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submit registration information required under this subsection

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electronically.

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     (d) The registrant shall promptly advise the department of

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a change in the information provided by the registrant under

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paragraph (a) during the period that a registration is valid.

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     (4) RELEASE PROCEDURES; DISPOSAL FEE.--

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     (a) The owner of each waterfront-landing facility that is

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registered as a gambling vessel's berth location shall:

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     1. Establish procedures for the release of waste from

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gambling vessels at the facility.

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     2. Make available a waste-management service that has the

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capability, at minimum, of handling and disposing of the

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facility's minimum waste-service demand as calculated by the

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department under paragraph (b).

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     3. Collect a fee not to exceed the costs associated with

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making such waste-management service available from each gambling

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vessel for which the waterfront-landing facility is a registered

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berth.

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     (b) The department shall maintain on its website a current

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estimate of the minimum waste-service demand for each waterfront-

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landing facility that is a registered berth for a gambling

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vessel. The minimum waste-service demand is the volume of waste

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that is reasonably expected to be released at the facility over a

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calendar year from gambling vessels that have a registered berth

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at the facility. In estimating a facility's minimum waste-service

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demand, the department shall consider, for each gambling vessel

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that has a registered berth at the facility:

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     1. The registered capacity of the vessel's systems for

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treating, holding, or disposing of waste; and

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     2. Other appropriate information, including, but not

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limited to, other information provided during registration of the

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vessel.

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

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releases any waste into coastal waters, the owner or operator

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

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notify the department of the release. The owner or operator shall

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include all of the following information in the notification:

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     (a) Date of the release.

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     (b) Time of the release.

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     (c) Location of the release.

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     (d) Volume of the release.

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     (e) Source of the release.

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     (f) Remedial actions taken to prevent future releases.

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     (6) PENALTIES.--

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

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

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     (b) The civil penalty imposed for each separate violation

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of this section is separate from, and in addition to, any other

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civil penalty imposed for a separate violation under this

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subsection or any other law.

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

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under this subsection, the department shall consider all relevant

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circumstances, including, but not limited to, the nature,

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circumstances, extent, and gravity of the violation. In making

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this determination, the department shall consider the degree of

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toxicity and volume of the release, the extent of harm caused by

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the violation, whether the effects of the violation can be

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reversed or mitigated, and, with respect to the defendant, the

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ability to pay, the effect of a civil penalty on the ability to

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continue in business, all voluntary cleanup efforts undertaken in

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

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

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violation, and all other matters the department determines

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justice may require.

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     (7) FEES.--The department shall establish and collect fees

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that are adequate to cover the entire cost to the department of

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developing and implementing its responsibilities, as required or

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authorized under this section, which concern registration of

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gambling vessels, tracking of releases, compliance with this

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section, and enforcement of this section.

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     (8) APPLICABILITY.--This section:

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     (a) Does not apply to releases made for the purpose of

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securing the safety of the gambling vessel or saving life at sea

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if all reasonable precautions have been taken for the purpose of

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preventing or minimizing the release.

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     (b) Is intended to supplement and not conflict with federal

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law.

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     (c) Does not apply to vessels of any branch of the United

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States Armed Services.

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     (d) Does not require a person who holds a valid NPDES

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permit governing releases from a gambling vessel to violate such

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permit. As used in this paragraph, the term "NPDES permit" means

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a permit issued by the United States Environmental Protection

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Agency under s. 402 of the Clean Water Act, Pub. L. No. 92-500,

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as amended, 33 U.S.C. ss. 1251 et seq., or by the department

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under s. 403.0885.

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     (9) RULES.--The department shall adopt rules pursuant to

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ss. 120.536(1) and 120.54 to administer this section.

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     (10) FEDERAL ACTIVITIES.--

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     (a) The department shall submit a request to United States

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Secretary of Commerce proposing that Florida's Coastal Zone

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Management Program be amended to include this section.

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     1. The request must be submitted by August 1, 2008, and

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must comply with the federal Coastal Zone Management Act and

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implementing regulations, including, but not limited to, the

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procedures in 16 U.S.C. s. 1455(c).

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     2. If the Secretary of Commerce approves the amendment of

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Florida's Coastal Zone Management Program to include this

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section, the department shall request the appropriate federal

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agencies to prohibit the release of waste from any gambling

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vessel in any waters which could affect the coastal waters of

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this state in accordance with 16 U.S.C. s. 1456(c)(1).

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     (b) Independent of the process to amend Florida's Coastal

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Zone Management Program under paragraph (a), the department shall

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request the appropriate federal agencies to prohibit the release

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of waste from any gambling vessel within the federal territorial

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waters off the shores of this state.

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     Section 2.  This act shall take effect July 1, 2008.