Florida Senate - 2022 SB 604 By Senator Berman 31-00208D-22 2022604__ 1 A bill to be entitled 2 An act relating to the Safe Waterways Act; amending s. 3 514.011, F.S.; revising the definition of the term 4 public bathing place; amending s. 514.023, F.S.; 5 deleting the definition of the term beach waters; 6 requiring, rather than authorizing, the Department of 7 Health to adopt and enforce certain rules; requiring, 8 rather than authorizing, the department to issue 9 health advisories under certain circumstances; 10 requiring the department to notify a municipality or 11 county if the department issues a health advisory 12 against swimming on the basis of elevated bacteria 13 levels in a public bathing place within the 14 municipalitys or countys jurisdiction; requiring the 15 municipality or county to post certain signage around 16 public bathing places that have elevated levels of 17 specified bacteria; specifying requirements for the 18 signage; requiring municipalities and counties to 19 maintain the signage until subsequent testing shows 20 the waters bacteria levels meet the departments 21 standards again; requiring the department to monitor 22 the affected public bathing places to ensure the 23 appropriate signage is displayed; requiring the 24 department to post and maintain the appropriate 25 signage under certain circumstances; authorizing the 26 department to coordinate with the Department of 27 Environmental Protection and the Fish and Wildlife 28 Conservation Commission to implement such signage 29 requirements; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1.Subsection (4) of section 514.011, Florida 34 Statutes, is amended to read: 35 514.011Definitions.As used in this chapter: 36 (4)Public bathing place means a body of water, including 37 fresh water, salt water, and brackish water, that is natural or 38 modified by humans;, used for swimming, diving, and recreational 39 bathing with used by consent of the owner or owners; and held 40 out to the public by any person or public body, irrespective of 41 whether a fee is charged for the use thereof. The bathing water 42 areas of public bathing places include, but are not limited to, 43 lakes, ponds, rivers, streams, artificial impoundments, and 44 waters along the coastal and intracoastal beaches and shores of 45 this the state. 46 Section 2.Section 514.023, Florida Statutes, is amended to 47 read: 48 514.023Sampling of beach waters; and public bathing 49 places; health advisories; signage. 50 (1)As used in this section, the term beach waters means 51 the waters along the coastal and intracoastal beaches and shores 52 of the state, and includes salt water and brackish water. 53 (2)The department shall may adopt and enforce rules to 54 protect the health, safety, and welfare of persons using the 55 beach waters and public bathing places of this the state. The 56 rules must establish health standards and prescribe procedures 57 and timeframes for bacteriological sampling of beach waters and 58 public bathing places. 59 (2)(3)The department shall may issue health advisories if 60 the quality of beach waters or a public bathing place fails to 61 meet standards established by the department. The issuance of 62 health advisories related to the results of bacteriological 63 sampling of public bathing places beach waters is preempted to 64 the state. 65 (3)(a)(4)When the department issues a health advisory 66 against swimming in beach waters or a public bathing place on 67 the basis of finding elevated levels of fecal coliform, 68 Escherichia coli, or enterococci bacteria in a water sample, the 69 department shall concurrently notify the municipality or county 70 in which the affected public bathing place is beach waters are 71 located, whichever has jurisdiction, and the local office of the 72 Department of Environmental Protection, of the advisory. 73 (b)The local office of the Department of Environmental 74 Protection shall promptly investigate wastewater treatment 75 facilities within 1 mile of the affected beach waters or public 76 bathing place to determine if a facility experienced an incident 77 that may have contributed to the contamination and provide the 78 results of the investigation in writing or by electronic means 79 to the municipality or county, as applicable. 80 (c)The municipality or county in which the affected public 81 bathing place is located, whichever has jurisdiction, shall post 82 conspicuous signs, adopted by department rule, around the 83 affected areas which advise the public that the department has 84 issued a health advisory against swimming in that area due to 85 elevated levels of fecal coliform, Escherichia coli, or 86 enterococci bacteria in the water. The sign must include the 87 following language: THIS WATER BODY HAS BEEN VERIFIED BY THE 88 FLORIDA DEPARTMENT OF HEALTH TO BE CONTAMINATED WITH FECAL 89 BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER QUALITY 90 STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK OF 91 INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION TO AVOID 92 INGESTING THE WATER OR EXPOSING OPEN CUTS. SECTION 514.023, 93 FLORIDA STATUTES. The municipality or county, as applicable, 94 shall maintain the signage until subsequent testing of the water 95 shows the bacteria levels meet the departments standards again. 96 The department shall monitor affected public bathing places to 97 ensure that signage is posted appropriately until the bacteria 98 contamination is resolved. 99 (d)If the affected public bathing place is not within the 100 jurisdiction of a municipality or county, the department must 101 post and maintain the required signage as provided in paragraph 102 (c). The department may coordinate with the Department of 103 Environmental Protection and the Fish and Wildlife Conservation 104 Commission to implement the signage requirements of this 105 paragraph. 106 Section 3.This act shall take effect July 1, 2022.