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