Florida 2022 Regular Session

Florida House Bill H0393 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 393 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to public bathing places; amending s. 2
16	16	514.011, F.S.; revising the definition of the term 3
17	17	"public bathing place"; amending s. 514.023, F.S.; 4
18	18	deleting the definition of the term "beach waters"; 5
19	19	requiring, rather than authorizing, the Departme nt of 6
20	20	Health to adopt and enforce certain rules; requiring, 7
21	21	rather than authorizing, the department to issue 8
22	22	health advisories under certain circumstances; 9
23	23	requiring the department to notify a municipality or 10
24	24	county if the department issues a health adviso ry 11
25	25	against swimming on the basis of elevated bacteria 12
26	26	levels in a public bathing place within the 13
27	27	municipality's or county's jurisdiction; requiring the 14
28	28	municipality or county to post certain signage around 15
29	29	public bathing places that have elevated levels o f 16
30	30	specified bacteria; specifying requirements for the 17
31	31	signage; requiring municipalities and counties to 18
32	32	maintain the signage until subsequent testing shows 19
33	33	the water's bacteria levels meet the department's 20
34	34	standards again; requiring the department to monit or 21
35	35	the affected public bathing places to ensure the 22
36	36	appropriate signage is displayed; requiring the 23
37	37	department to post and maintain the appropriate 24
38	38	signage under certain circumstances; authorizing the 25
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40	40	HB 393 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	department to coordinate with the Department of 26
52	52	Environmental Protection and the Fish and Wildlife 27
53	53	Conservation Commission to implement such signage 28
54	54	requirements; providing an effective date. 29
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56	56	Be It Enacted by the Legislature of the State of Florida: 31
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58	58	Section 1. Subsection (4) of section 514.011, Flori da 33
59	59	Statutes, is amended to read: 34
60	60	514.011 Definitions. —As used in this chapter: 35
61	61	(4) "Public bathing place" means a body of water, 36
62	62	including fresh water, salt water, and brackish water, that is 37
63	63	natural or modified by humans ;, used for swimming, diving, a nd 38
64	64	recreational bathing with used by consent of the owner or 39
65	65	owners; and held out to the public by any person or public body, 40
66	66	irrespective of whether a fee is charged for the use thereof. 41
67	67	The bathing water areas of public bathing places include, but 42
68	68	are not limited to, lakes, ponds, rivers, streams, artificial 43
69	69	impoundments, and waters along the coastal and intracoastal 44
70	70	beaches and shores of this the state. 45
71	71	Section 2. Section 514.023, Florida Statutes, is amended 46
72	72	to read: 47
73	73	514.023 Sampling of beach waters; and public bathing 48
74	74	places; health advisories ; signage.— 49
75	75	(1) As used in this section, the term "beach waters" means 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	the waters along the coastal and intracoastal beaches and shores 51
89	89	of the state, and includes salt water and brackish water. 52
90	90	(2) The department shall may adopt and enforce rules to 53
91	91	protect the health, safety, and welfare of persons using the 54
92	92	beach waters and public bathing places of this the state. The 55
93	93	rules must establish health standards and prescribe procedures 56
94	94	and timeframes for bacte riological sampling of beach waters and 57
95	95	public bathing places. 58
96	96	(2)(3) The department shall may issue health advisories if 59
97	97	the quality of beach waters or a public bathing place fails to 60
98	98	meet standards established by the department. The issuance of 61
99	99	health advisories related to the results of bacteriological 62
100	100	sampling of public bathing places beach waters is preempted to 63
101	101	the state. 64
102	102	(3)(a)(4) When the department issues a health advisory 65
103	103	against swimming in beach waters or a public bathing place on 66
104	104	the basis of finding elevated levels of fecal coliform, 67
105	105	Escherichia coli, or enterococci bacteria in a water sample, the 68
106	106	department shall concurrently notify the municipality or county 69
107	107	in which the affected public bathing place i s beach waters are 70
108	108	located, whichever has jurisdiction, and the local office of the 71
109	109	Department of Environmental Protection, of the advisory. 72
110	110	(b) The local office of the Department of Environmental 73
111	111	Protection shall promptly investigate wastewater treatmen t 74
112	112	facilities within 1 mile of the affected beach waters or public 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	bathing place to determine if a facility experienced an incident 76
126	126	that may have contributed to the contamination and provide the 77
127	127	results of the investigation in writing or by electronic means 78
128	128	to the municipality or county, as applicable. 79
129	129	(c) The municipality or county in which the affected 80
130	130	public bathing place is located, whichever has jurisdiction, 81
131	131	shall post conspicuous signs, adopted by department rule, around 82
132	132	the affected areas which adv ise the public that the department 83
133	133	has issued a health advisory against swimming in that area due 84
134	134	to elevated levels of fecal coliform, Escherichia coli, or 85
135	135	enterococci bacteria in the water. The sign must include the 86
136	136	following language: "THIS WATER BODY H AS BEEN VERIFIED BY THE 87
137	137	FLORIDA DEPARTMENT OF HEALTH TO BE CONTAMINATED WITH FECAL 88
138	138	BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER QUALITY 89
139	139	STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK OF 90
140	140	INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION T O AVOID 91
141	141	INGESTING THE WATER OR EXPOSING OPEN CUTS. SECTION 514.023, 92
142	142	FLORIDA STATUTES." The municipality or county, as applicable, 93
143	143	shall maintain the signage until subsequent testing of the water 94
144	144	shows the bacteria levels meet the department's standards aga in. 95
145	145	The department shall monitor affected public bathing places to 96
146	146	ensure that signage is posted appropriately until the bacteria 97
147	147	contamination is resolved. 98
148	148	(d) If the affected public bathing place is not within the 99
149	149	jurisdiction of a municipality or county, the department must 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	post and maintain the required signage as provided in paragraph 101
163	163	(c). The department may coordinate with the Department of 102
164	164	Environmental Protection and the Fish and Wildlife Conservation 103
165	165	Commission to implement the signage requirements of this 104
166	166	paragraph. 105
167	167	Section 3. This act shall take effect July 1, 2022. 106