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A bill to be entitled

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An act relating to regulation of releases from vessels;

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creating s. 376.25, F.S.; providing a short title;

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providing definitions; requiring that certain vessels

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operating in coastal waters register with the Department

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of Environmental Protection; specifying requirements for

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vessel registration; requiring that ports establish

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procedures for the release of certain substances by

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gambling vessels at port facilities; requiring that ports

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establish and collect certain fees; requiring that the

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owner or operator of a vessel notify the department of the

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release of certain substances into coastal waters;

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requiring that such notification contain certain

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information; providing civil penalties for violations;

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requiring the department to consider certain information

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when determining the amount of a penalty; providing

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exemptions; requiring that the department establish and

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collect fees to cover administrative costs; authorizing

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the department to adopt rules; requiring that the

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department petition the Federal Government to prohibit

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certain releases within the federal territorial waters off

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the shores of this state; providing an effective 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 Vessels; registration; required and prohibited

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

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381.0098(2).

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     (b) "Coastal waters" means waters of the Atlantic Ocean or

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the Gulf of Mexico within the jurisdiction of this state.

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     (c) "Department" means the Department of Environmental

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Protection.

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

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403.703.

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     (e) "Oily bilge water" means bilge water that contains used

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lubrication oils, oil sludge or slops, fuel or oil sludge, used

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oil, used fuel or fuel filters, or oily waste.

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     (f) "Port" means any place in the state into which vessels

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enter or depart for docking.

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

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

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spilling, leaking, pumping, emitting, or emptying.

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     (h) "Scheduled releases" means the amount of treated and

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untreated sewage which has filled the registered capacity of a

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vessel's waste-treatment system and capacity of storage areas and

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holding tanks. In this condition it would be reasonably expected

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that a vessel would have a need to dispose of the content of its

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sewage system.

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     (i) "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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     (j) "Treated blackwater" means that part of treated sewage

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which originates from toilets, urinals, and kitchen drains.

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

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

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laundry, and sink, except kitchen sink waste.

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

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sewage which originates from toilets, urinals, and kitchen

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drains.

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

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sewage which is not blackwater, including waste from the bath,

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

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     (n) "Vessel" means any craft used as a means of

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transportation on water which routinely carries or is certified

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to carry more than 100 passengers for a period of more than 2

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continuous hours in waters outside the jurisdiction of this

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state, whether the vessel is anchored, berthed, lying to, or

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navigating if the sailing, voyaging, or cruising, or any segment

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of the sailing, voyaging, or cruising, begins and ends within

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this state. The term does not include a cruise ship as defined in

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33 C.F.R. s. 101.105.

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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 vessel intends to operate, or cause or allow to be operated,

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a vessel in coastal waters, the owner or operator of the vessel

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shall register with the department. The registration must be

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completed before the vessel of the owner or operator enters the

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marine 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 vessel of the owner or

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operator which is reasonably expected 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 in 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 vessel of the owner or operator is

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in coastal waters, and the agent must be an individual resident

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of this state, a domestic corporation, or a foreign corporation

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having a place of business in and authorized to do business in

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this state.

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

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and crew capacity of each of the owner's or operator's vessels

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scheduled to call upon a port in this state or otherwise to be in

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coastal waters of this state during the calendar year and after

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the date of registration.

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     5. A description of all waste-treatment systems of each

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vessel identified under subparagraph 4., including system type,

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design, operation, location of all discharge pipes and valves,

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and the number and capacity or all storage areas and holding

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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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     (4) SCHEDULED RELEASES.--

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     (a) Each port shall establish procedures, including a

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process for verification of the contents released, for the

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release of sewage, oily bilge water, untreated or treated

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graywater, untreated or treated blackwater, hazardous waste, and

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biomedical waste from vessels at port facilities.

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

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exceed the costs associated with disposal of the scheduled

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releases from vessels.

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     (5) NOTIFICATION OF RELEASES.--If a vessel releases any

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sewage, oily bilge water, untreated or treated graywater,

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untreated or treated blackwater, hazardous waste, or biomedical

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waste into coastal waters, the owner or operator shall

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

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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 provision of 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 take into

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consideration all relevant circumstances, including, but not

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

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violation. In making this determination, the department shall

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consider the degree of toxicity and volume of the release, the

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extent of harm caused by the violation, whether the effects of

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the violation can be reversed or mitigated, and, with respect to

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

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on the ability to continue in business, all voluntary cleanup

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efforts undertaken in the past, the prior history of violations,

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the gravity of the behavior, the economic benefit, if any,

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resulting from the violation, and all other matters that the

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department determines justice may require.

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

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made for the purpose of securing the safety of the vessel or

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saving life at sea if all reasonable precautions have been taken

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for the purpose of preventing or minimizing the release.

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     (8) DEPARTMENT FEES.--The department shall establish and

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collect fees to cover the entire cost to the department of

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developing and implementing the vessel registration, release

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tracking, and compliance and enforcement responsibilities

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required or authorized under this section.

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

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120.536(1) and 120.54 to administer this section.

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     Section 2. The Department of Environmental Protection shall

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request the appropriate federal agencies to prohibit the release

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of all sewage, oily bilge water, untreated or treated graywater,

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untreated or treated blackwater, hazardous waste, or biomedical

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waste from any vessel within the federal territorial waters off

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the shores of this state.

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     Section 3.  This act shall take effect July 1, 2008.