Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1086
       
       
       
       
       
       
                                Ì189384MÎ189384                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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         327.521No-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.;