Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 41, October 16, 2009 issue of the Florida Administrative Weekly.

Additionally, Forms 62-606.400(4)(a) and (b) are being modified in the following manner: the instructions in Part I (1) describing when the forms must be submitted were changed to conform to the changes in subsection 62-606.400(3), F.A.C., below; Part II (4) was added to the forms to require the name and address of the registered agent for service of process for the gambling vessel’s owner or operator; Part III (1) was modified to only require the vessel’s call sign instead of the name and call sign; Part III (1) was also modified to add the crew capacity of the vessel being registered; Part III (2) of Form 62-606.400(4)(a) only is modified to require the gambling vessel’s weekly schedule when passengers are on board; and Part V is modified to require that the registration be executed under oath.

62-606.100 Scope, Purpose, and Applicability.

(1) No change.

(2) Applicability. Requirements in this chapter:

(a) through (d) No change.

(e) Do not apply to cruise ships as defined in 33 CFR 101.105, as of July 1, 2009, hereby adopted and incorporated by reference.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New________.

62-606.200 Definitions.

The meaning of any term not defined in Section 376.25(2), F.S., or below, shall be taken from definitions in other rules of the Department, unless the context clearly indicates otherwise.

(1) through (4) No change.

(5) “Minimum waste-service demand” means the volume of waste that is reasonably expected to be released at a waterfront-landing facility over a calendar year from gambling vessels with registered berths at the facility. For each facility that provides berths for registered gambling vessels, the Department shall estimate the facility’s minimum waste-service demand by considering the registered capacity of the gambling vessel’s systems for treating, holding, or disposing of waste; and ~~other information, including, but not limited to,~~ other information provided in the registration forms submitted during registration of the gambling vessel.

(6) through (7) No change.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

62-606.400 Registration and Verification Requirements and Fees.

(1) through (2) No change.

(3) Gambling vessel registration shall be based on and valid for the calendar year. Forms and fees shall be submitted as follows: The annual forms and fees required by subsections 62-606.400(1) and (2), F.A.C., shall be submitted on or before December 1 of the year prior to the calendar year in which the owner intends to operate a gambling vessel except as provided below.

(a) For gambling vessels operating in coastal waters on [the effective date of this rule], the initial form and fee shall be submitted within 60 days after [the effective date of this rule]. ~~For the calendar year beginning on January 1, 2009, the form and fees shall be submitted within 60 days after the effective date of this rule.~~

(b) For gambling vessels beginning operations in coastal waters after [the effective date of this rule], the initial form and fee shall be submitted at least 30 days prior to the vessel entering coastal waters. For gambling vessels beginning operations in the state after the effective date of this rule, the forms and fees shall be submitted at least 30 days prior to the vessel entering coastal waters or within 60 days after the effective date of this rule, whichever is later.

(c) The annual renewal form and fee shall be submitted 30 days prior to expiration of the gambling vessel’s registration.

(4) through (6) No change.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.

62-606.500 Notification of Releases into Coastal Waters.

(1) No change.

(2) Releases made for the purpose of securing the safety of the gambling vessel or saving life at sea do not need to be reported provided~~, and if~~ all reasonable precautions have been taken for the purpose of preventing or minimizing the release, shall be documented and reported to the STATE WARNING POINT TOLL FREE NUMBER (800)320-0519, within three (3) days following the release. Documentation shall include all items in paragraphs 62-606.500(1)(a) through (i), F.A.C.

(3) Gambling vessels required to report a release in accordance with subsection 62-606.500(1) ~~or (2)~~, F.A.C., shall submit a written report containing the information in paragraphs 62-606.500(1)(a) through (j), F.A.C., within three (3) days of the release. The report shall be submitted to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New_______.