(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.
