Florida 2023 Regular Session

Florida House Bill H0177 Compare Versions

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

Old	New	Differences
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3	3	HB 177 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0177-00
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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 the Safe Waterways Act; providing a 2
16	16	short title; amending s. 514.023, F.S.; requiring, 3
17	17	rather than authorizing, the Department of Health to 4
18	18	adopt and enforce certain rules; revising requirements 5
19	19	for such rules; requiring, rather than authorizing, 6
20	20	the department to issue health advisories under 7
21	21	certain circumstances; directing the department to 8
22	22	require closure of beach waters and public bathing 9
23	23	places under certain circumstances; requiring such 10
24	24	closures to remain in effect for a specified period; 11
25	25	including public bathing places in an existing 12
26	26	preemption of authority to the state pertaining to the 13
27	27	issuance of such health advisories and an existin g 14
28	28	notification requirement; requiring the department to 15
29	29	adopt by rule a certain health advisory sign; 16
30	30	providing requirements for the sign; requiring that 17
31	31	the sign be posted in a specified manner and 18
32	32	maintained until subsequent testing demonstrates that 19
33	33	the water's bacteria levels meet the standards 20
34	34	established by the department; providing that 21
35	35	municipalities and counties are responsible for 22
36	36	maintaining the health advisory signs around affected 23
37	37	beach waters and public bathing places that they own; 24
38	38	providing that the department is responsible for 25
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40	40	HB 177 2023
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0177-00
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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
50	50
51	51	maintaining the health advisory signs around affected 26
52	52	beach waters and public bathing places owned by the 27
53	53	state; requiring the department to coordinate with the 28
54	54	Department of Environmental Protection and the Fish 29
55	55	and Wildlife Conservation Commission as necessary to 30
56	56	implement such signage requirements; requiring the 31
57	57	department to monitor the affected beach waters and 32
58	58	public bathing places for compliance with the signage 33
59	59	requirements; requiring the department to establis h a 34
60	60	public statewide interagency database for a specified 35
61	61	purpose; requiring the department, in coordination 36
62	62	with the Department of Environmental Protection, to 37
63	63	adopt certain rules and procedures; providing 38
64	64	requirements for the database; providing an effec tive 39
65	65	date. 40
66	66	41
67	67	Be It Enacted by the Legislature of the State of Florida: 42
68	68	43
69	69	Section 1. This act may be cited as the "Safe Waterways 44
70	70	Act." 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; database.— 49
75	75	(1) As used in this section, the term "beach waters" means 50
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77	77	HB 177 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0177-00
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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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86	86
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88	88	the waters along the coastal and intracoastal beaches and shores 51
89	89	of this 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 bac teriological sampling of beach waters and 57
95	95	public bathing places. The rules must, at a minimum, require 58
96	96	owners of beach waters and public bathing places to both notify 59
97	97	the local county health department and resample the water within 60
98	98	24 hours after a test re sult indicates that the sample of the 61
99	99	beach waters or public bathing place fails to meet standards 62
100	100	established by the department. 63
101	101	(3) The department must may issue health advisories if the 64
102	102	quality of beach waters or a public bathing place fails to meet 65
103	103	standards established by the department and must require closure 66
104	104	of beach waters and public bathing places that fail to meet the 67
105	105	department's standards if it deems closure is necessary to 68
106	106	protect the health, safety, and welfare of the public. Closures 69
107	107	must remain in effect until the quality of the beach waters or 70
108	108	public bathing place is restored in accordance with the 71
109	109	department's standards and the department has removed any 72
110	110	related health advisories it issued . The issuance of health 73
111	111	advisories related to th e results of bacteriological sampling of 74
112	112	beach waters and public bathing places is preempted to the 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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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	state. 76
126	126	(4)(a) When the department issues a health advisory 77
127	127	against swimming in beach waters or a public bathing place on 78
128	128	the basis of finding elevated lev els of fecal coliform, 79
129	129	Escherichia coli, or enterococci bacteria in a water sample, the 80
130	130	department must shall concurrently notify the municipality or 81
131	131	county in which the affected beach waters or public bathing 82
132	132	place is are located, whichever has jurisdicti on, and the local 83
133	133	office of the Department of Environmental Protection , of the 84
134	134	advisory. 85
135	135	(b) The local office of the Department of Environmental 86
136	136	Protection shall promptly investigate wastewater treatment 87
137	137	facilities within 1 mile of the affected beach wat ers or public 88
138	138	bathing place to determine if a facility experienced an incident 89
139	139	that may have contributed to the contamination and provide the 90
140	140	results of the investigation in writing or by electronic means 91
141	141	to the municipality or county, as applicable. 92
142	142	(c) The department shall adopt by rule a sign that must be 93
143	143	used when it issues a health advisory against swimming in 94
144	144	affected beach waters or public bathing places due to elevated 95
145	145	levels of fecal coliform, Escherichia coli, or enterococci 96
146	146	bacteria in the wate r. The sign must include the following 97
147	147	language: "THIS WATER BODY HAS BEEN VERIFIED TO BE CONTAMINATED 98
148	148	WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER 99
149	149	QUALITY STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK 100
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151	151	HB 177 2023
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0177-00
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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	OF INFECTION OR ILLNESS. A VOID SWIMMING AND USE CAUTION TO AVOID 101
163	163	INGESTING THE WATER OR EXPOSING OPEN WOUNDS. SECTION 514.023, 102
164	164	FLORIDA STATUTES." The department shall require health advisory 103
165	165	signs to be displayed at beach access points and in conspicuous 104
166	166	areas around affected beach waters and public bathing places 105
167	167	until subsequent testing of the water demonstrates that the 106
168	168	bacteria levels meet the standards established by the 107
169	169	department. 108
170	170	(d) Municipalities and counties are responsible for 109
171	171	posting and maintaining health advisory si gns as described in 110
172	172	paragraph (c) around affected beach waters and public bathing 111
173	173	places that they own. The department is responsible for posting 112
174	174	and maintaining health advisory signs around affected beach 113
175	175	waters and public bathing places owned by the stat e. The 114
176	176	department shall coordinate with the Department of Environmental 115
177	177	Protection and the Fish and Wildlife Conservation Commission as 116
178	178	necessary to implement the signage requirements of this 117
179	179	subsection. 118
180	180	(e) The department shall monitor affected beach wa ters and 119
181	181	public bathing places for compliance with the signage 120
182	182	requirements of this subsection, ensuring that only department -121
183	183	approved health advisory signs are used and that such signage is 122
184	184	posted and maintained in compliance with this subsection until 123
185	185	the health advisory is no longer in effect. 124
186	186	(5) The department shall establish a public statewide 125
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188	188	HB 177 2023
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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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197	197
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199	199	interagency database for the reporting of fecal indicator 126
200	200	bacteria data for beach waters and public bathing places in this 127
201	201	state. The department, in coordination with the Department of 128
202	202	Environmental Protection, shall adopt rules and procedures for 129
203	203	the sharing of fecal indicator bacteria data between agencies 130
204	204	and for the reporting of such data in the database. Fecal 131
205	205	indicator bacteria data relating to sampled beach waters and 132
206	206	public bathing places must be published in the database within 5 133
207	207	business days after receipt and confirmation of the data. 134
208	208	Section 3. This act shall take effect July 1, 2023. 135