Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for CS for SB 1086 Ì189384MÎ189384 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/21/2021 12:05 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hutson moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1180 and 1181 4 insert: 5 Section 19. Section 327.521, Florida Statutes, is created 6 to read: 7 327.521 No-discharge zones.— 8 (1) Effective immediately upon approval by the United 9 States Environmental Protection Agency of a no-discharge zone 10 determination for the waters of the United States within the 11 boundaries of aquatic preserves identified in s. 258.39, all 12 waters of this state within such areas are designated no 13 discharge zones within which a person may not discharge sewage 14 of any type, whether treated or untreated, from any vessel or 15 floating structure. 16 (2) A person who violates this section commits a 17 noncriminal infraction, punishable by a civil penalty of up to 18 $250. If any discharge prohibited by this section is ongoing or 19 continuous, the person may be assessed a penalty of up to $250 20 for each day the violation continues. 21 (3)(a) The owner or operator of a vessel or floating 22 structure convicted a second time for violating this section 23 shall, within 30 days after the conviction, remove the vessel or 24 floating structure from the waters of this state. For purposes 25 of this paragraph, the term “conviction” means a disposition 26 other than acquittal or dismissal. 27 (b) If the vessel or floating structure remains on the 28 waters of this state in violation of this subsection, law 29 enforcement officers charged with the enforcement of this 30 chapter under s. 327.70 shall apply to the appropriate court in 31 the county in which the vessel or floating structure is located 32 to order or otherwise cause the removal of such vessel or 33 floating structure from the waters of this state at the owner’s 34 expense. 35 (c) If the owner cannot be found or otherwise fails to pay 36 the removal costs, s. 328.17 shall apply. If the proceeds under 37 s. 328.17 are not sufficient to pay all removal costs, funds 38 appropriated from the Marine Resources Conservation Trust Fund 39 pursuant to s. 327.53(6)(b) or s. 328.72(15)(c) may be used. 40 (4) The commission shall maintain a list of marine sewage 41 pumpout facilities throughout this state, make the list 42 available on its website, and provide the list with information 43 about the Department of Environmental Protection’s Clean Marina 44 Program to all counties for distribution to public and private 45 marinas. 46 47 ================= T I T L E A M E N D M E N T ================ 48 And the title is amended as follows: 49 Delete line 96 50 and insert: 51 equipment requirements; creating s. 327.521, F.S.; 52 designating waters of this state within aquatic 53 preserves as no-discharge zones upon approval by the 54 United States Environmental Protection Agency; 55 prohibiting discharge of sewage from a vessel or 56 floating structure into such waters; providing civil 57 penalties; providing increased penalties for each day 58 the violation continues; requiring the owner or 59 operator to remove such vessel or structure within a 60 specified timeframe from the waters of this state upon 61 a second conviction; defining the term “conviction”; 62 providing requirements for removal and sale of such 63 vessel or structure under certain circumstances; 64 requiring the commission to maintain and make 65 available to the public a list of marine sewage 66 pumpout facilities; amending s. 327.53, F.S.;