Florida Senate - 2022 CS for SB 604 By the Committee on Environment and Natural Resources; and Senator Berman 592-02785-22 2022604c1 1 A bill to be entitled 2 An act relating to the Safe Waterways Act; amending s. 3 514.023, F.S.; requiring, rather than authorizing, the 4 Department of Health to adopt and enforce certain 5 rules; requiring, rather than authorizing, the 6 department to issue health advisories under certain 7 circumstances; requiring the department to notify a 8 municipality or county if the department issues a 9 health advisory against swimming on the basis of 10 elevated bacteria levels in a public bathing place 11 within the municipalitys or countys jurisdiction; 12 requiring the department to adopt by rule a certain 13 health advisory sign; providing requirements for the 14 sign; requiring the sign to be posted in a specified 15 manner and maintained until subsequent testing shows 16 the waters bacteria levels meet the departments 17 standards; providing that municipalities and counties 18 are responsible for maintaining the health advisory 19 signs for affected beach waters and public bathing 20 places that they own; providing that the department is 21 responsible for maintaining the health advisory signs 22 for affected beach waters and public bathing places 23 owned by the state; authorizing the department to 24 coordinate with the Department of Environmental 25 Protection and the Fish and Wildlife Conservation 26 Commission to implement such signage requirements; 27 requiring the department to monitor the affected beach 28 waters and public bathing places for compliance with 29 the signage requirements; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1.Section 514.023, Florida Statutes, is amended to 34 read: 35 514.023Sampling of beach waters; and public bathing 36 places; health advisories; signage. 37 (1)As used in this section, the term beach waters means 38 the waters along the coastal and intracoastal beaches and shores 39 of this the state, and includes salt water and brackish water. 40 (2)The department shall may adopt and enforce rules to 41 protect the health, safety, and welfare of persons using the 42 beach waters and public bathing places of this the state. The 43 rules must establish health standards and prescribe procedures 44 and timeframes for bacteriological sampling of beach waters and 45 public bathing places. 46 (3)The department shall may issue health advisories if the 47 quality of beach waters or a public bathing place fails to meet 48 standards established by the department. The issuance of health 49 advisories related to the results of bacteriological sampling of 50 beach waters and public bathing places is preempted to the 51 state. 52 (4)(a)When the department issues a health advisory against 53 swimming in beach waters or a public bathing place on the basis 54 of finding elevated levels of fecal coliform, Escherichia coli, 55 or enterococci bacteria in a water sample, the department must 56 shall concurrently notify the municipality or county in which 57 the affected beach waters or public bathing place is are 58 located, whichever has jurisdiction, and the local office of the 59 Department of Environmental Protection, of the advisory. 60 (b)The local office of the Department of Environmental 61 Protection must shall promptly investigate wastewater treatment 62 facilities within 1 mile of the affected beach waters or public 63 bathing place to determine if a facility experienced an incident 64 that may have contributed to the contamination and provide the 65 results of the investigation in writing or by electronic means 66 to the municipality or county, as applicable. 67 (c)The department shall adopt by rule a sign to be used 68 when it issues a health advisory against swimming in affected 69 beach waters or public bathing places due to elevated levels of 70 fecal coliform, Escherichia coli, or enterococci bacteria in the 71 water. The sign must include the following language: THIS WATER 72 BODY HAS BEEN VERIFIED BY THE FLORIDA DEPARTMENT OF HEALTH TO BE 73 CONTAMINATED WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH 74 STATE WATER QUALITY STANDARDS IS REQUIRED. THIS WATER BODY 75 PRESENTS A RISK OF INFECTION OR ILLNESS. AVOID SWIMMING AND USE 76 CAUTION TO AVOID INGESTING THE WATER OR EXPOSING OPEN WOUNDS. 77 SECTION 514.023, FLORIDA STATUTES. The department shall require 78 health advisory signs to be displayed in conspicuous areas 79 around affected beach waters and public bathing places until 80 subsequent testing of the water shows that the bacteria levels 81 meet the departments standards. 82 (d)Municipalities and counties are responsible for 83 maintaining health advisory signs in affected beach waters and 84 public bathing places that they own. The department is 85 responsible for maintaining health advisory signs in affected 86 beach waters and public bathing places owned by the state. The 87 department may coordinate with the Department of Environmental 88 Protection and the Fish and Wildlife Conservation Commission to 89 implement the signage requirements of this paragraph. 90 (e)The department shall monitor affected beach waters and 91 public bathing places for compliance with the signage 92 requirements of this subsection, ensuring that signage is posted 93 appropriately until the bacteria contamination is resolved. 94 Section 2.This act shall take effect July 1, 2022.