(1) Effective immediately upon approval by the United States Environmental Protection Agency of a no-discharge zone determination for the waters of the United States within the boundaries of aquatic preserves identified in s. 258.39, all waters of this state within such areas are designated no-discharge zones within which a person may not discharge sewage of any type, whether treated or untreated, from any vessel or floating structure.
(2) A person who violates this section commits a noncriminal infraction, punishable by a civil penalty of up to $250. If any discharge prohibited by this section is ongoing or continuous, the person may be assessed a penalty of up to $250 for each day the violation continues.
(3)(a) The owner or operator of a vessel or floating structure convicted a second time for violating this section shall, within 30 days after the conviction, remove the vessel or floating structure from the waters of this state. For purposes of this paragraph, the term “conviction” means a disposition other than acquittal or dismissal.
(b) If the vessel or floating structure remains on the waters of this state in violation of this subsection, law enforcement officers charged with the enforcement of this chapter under s. 327.70 shall apply to the appropriate court in the county in which the vessel or floating structure is located to order or otherwise cause the removal of such vessel or floating structure from the waters of this state at the owner’s expense.
(c) If the owner cannot be found or otherwise fails to pay the removal costs, s. 328.17 shall apply. If the proceeds under s. 328.17 are not sufficient to pay all removal costs, funds appropriated from the Marine Resources Conservation Trust Fund pursuant to s. 327.53(6)(b) or s. 328.72(15)(c) may be used.
(4) The commission shall maintain a list of marine sewage pumpout facilities throughout this state, make the list available on its website, and provide the list with information about the Department of Environmental Protection’s Clean Marina Program to all counties for distribution to public and private marinas.
History.—s. 19, ch. 2021-184.
Structure Florida Statutes
327.30 - Collisions, Accidents, and Casualties.
327.301 - Written Reports of Accidents.
327.302 - Accident Report Forms.
327.31 - Transmittal of Information.
327.32 - Vessel Declared Dangerous Instrumentality; Civil Liability.
327.33 - Reckless or Careless Operation of Vessel.
327.34 - Incapacity of Operator.
327.35 - Boating Under the Influence; Penalties; “Designated drivers.”
327.35215 - Penalty for Failure to Submit to Test.
327.354 - Presumption of Impairment; Testing Methods.
327.359 - Refusal to Submit to Testing; Penalties.
327.36 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.
327.371 - Human-Powered Vessels Regulated.
327.375 - Commercial Parasailing.
327.38 - Skiing Prohibited While Intoxicated or Under Influence of Drugs.
327.39 - Personal Watercraft Regulated.
327.395 - Boating Safety Education.
327.40 - Uniform Waterway Markers.
327.41 - Uniform Waterway Regulatory Markers.
327.4107 - Vessels at Risk of Becoming Derelict on Waters of This State.
327.4108 - Anchoring of Vessels in Anchoring Limitation Areas.
327.4109 - Anchoring or Mooring Prohibited; Exceptions; Penalties.
327.42 - Mooring to or Damaging of Uniform Waterway Markers Prohibited.
327.43 - Silver Glen Run and Silver Glen Springs; Navigation Channel.
327.44 - Interference With Navigation; Relocation or Removal; Recovery of Costs.
327.45 - Protection Zones for Springs.
327.46 - Boating-Restricted Areas.
327.462 - Temporary Protection Zones for Spaceflight Launches and Recovery of Spaceflight Assets.
327.47 - Competitive Grant Programs.
327.48 - Regattas, Races, Marine Parades, Tournaments, or Exhibitions.
327.49 - Testing Vessels and Vessel Motors.
327.50 - Vessel Safety Regulations; Equipment and Lighting Requirements.
327.52 - Maximum Loading and Horsepower.
327.54 - Liveries; Safety Regulations; Penalty.
327.56 - Safety and Marine Sanitation Equipment Inspections; Qualified.
327.60 - Local Regulations; Limitations.
327.66 - Carriage of Gasoline on Vessels.
327.70 - Enforcement of This Chapter and Chapter 328.
327.73 - Noncriminal Infractions.
327.731 - Mandatory Education for Violators.
327.74 - Uniform Boating Citations.
327.803 - Boating Advisory Council.
327.804 - Compilation of Statistics on Boating Accidents and Violations.