Florida Senate - 2023 SB 172 By Senator Berman 26-00038-23 2023172__ 1 A bill to be entitled 2 An act relating to the Safe Waterways Act; providing a 3 short title; amending s. 514.023, F.S.; requiring, 4 rather than authorizing, the Department of Health to 5 adopt and enforce certain rules; revising requirements 6 for such rules; requiring, rather than authorizing, 7 the department to issue health advisories under 8 certain circumstances; directing the department to 9 require closure of beach waters and public bathing 10 places under certain circumstances; requiring such 11 closures to remain in effect for a specified period; 12 including public bathing places in an existing 13 preemption of authority to the state pertaining to the 14 issuance of such health advisories and an existing 15 notification requirement; requiring the department to 16 adopt by rule a certain health advisory sign; 17 providing requirements for the sign; requiring that 18 the sign be posted in a specified manner and 19 maintained until subsequent testing demonstrates that 20 the waters bacteria levels meet the standards 21 established by the department; providing that 22 municipalities and counties are responsible for 23 maintaining the health advisory signs around affected 24 beach waters and public bathing places that they own; 25 providing that the department is responsible for 26 maintaining the health advisory signs around affected 27 beach waters and public bathing places owned by the 28 state; requiring the department to coordinate with the 29 Department of Environmental Protection and the Fish 30 and Wildlife Conservation Commission as necessary to 31 implement such signage requirements; requiring the 32 department to monitor the affected beach waters and 33 public bathing places for compliance with the signage 34 requirements; requiring the department to establish a 35 public statewide interagency database for a specified 36 purpose; requiring the department, in coordination 37 with the Department of Environmental Protection, to 38 adopt certain rules and procedures; providing 39 requirements for the database; providing an effective 40 date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1.This act may be cited as the Safe Waterways 45 Act. 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; database. 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 this 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. The rules must, at a minimum, require 59 owners of beach waters and public bathing places to both notify 60 the local county health department and resample the water within 61 24 hours after a test result indicates that the sample of the 62 beach waters or public bathing place fails to meet standards 63 established by the department. 64 (3)The department must may issue health advisories if the 65 quality of beach waters or a public bathing place fails to meet 66 standards established by the department and must require closure 67 of beach waters and public bathing places that fail to meet the 68 departments standards if it deems closure is necessary to 69 protect the health, safety, and welfare of the public. Closures 70 must remain in effect until the quality of the beach waters or 71 public bathing place is restored in accordance with the 72 departments standards and the department has removed any 73 related health advisories it issued. The issuance of health 74 advisories related to the results of bacteriological sampling of 75 beach waters and public bathing places is preempted to the 76 state. 77 (4)(a)When the department issues a health advisory against 78 swimming in beach waters or a public bathing place on the basis 79 of finding elevated levels of fecal coliform, Escherichia coli, 80 or enterococci bacteria in a water sample, the department must 81 shall concurrently notify the municipality or county in which 82 the affected beach waters or public bathing place is are 83 located, whichever has jurisdiction, and the local office of the 84 Department of Environmental Protection, of the advisory. 85 (b)The local office of the Department of Environmental 86 Protection shall promptly investigate wastewater treatment 87 facilities within 1 mile of the affected beach waters or public 88 bathing place to determine if a facility experienced an incident 89 that may have contributed to the contamination and provide the 90 results of the investigation in writing or by electronic means 91 to the municipality or county, as applicable. 92 (c)The department shall adopt by rule a sign that must be 93 used when it issues a health advisory against swimming in 94 affected beach waters or public bathing places due to elevated 95 levels of fecal coliform, Escherichia coli, or enterococci 96 bacteria in the water. The sign must include the following 97 language: THIS WATER BODY HAS BEEN VERIFIED TO BE CONTAMINATED 98 WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER 99 QUALITY STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK 100 OF INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION TO AVOID 101 INGESTING THE WATER OR EXPOSING OPEN WOUNDS. SECTION 514.023, 102 FLORIDA STATUTES. The department shall require health advisory 103 signs to be displayed at beach access points and in conspicuous 104 areas around affected beach waters and public bathing places 105 until subsequent testing of the water demonstrates that the 106 bacteria levels meet the standards established by the 107 department. 108 (d)Municipalities and counties are responsible for posting 109 and maintaining health advisory signs as described in paragraph 110 (c) around affected beach waters and public bathing places that 111 they own. The department is responsible for posting and 112 maintaining health advisory signs around affected beach waters 113 and public bathing places owned by the state. The department 114 shall coordinate with the Department of Environmental Protection 115 and the Fish and Wildlife Conservation Commission as necessary 116 to implement the signage requirements of this subsection. 117 (e)The department shall monitor affected beach waters and 118 public bathing places for compliance with the signage 119 requirements of this subsection, ensuring that only department 120 approved health advisory signs are used and that such signage is 121 posted and maintained in compliance with this subsection until 122 the health advisory is no longer in effect. 123 (5)The department shall establish a public statewide 124 interagency database for the reporting of fecal indicator 125 bacteria data for beach waters and public bathing places in this 126 state. The department, in coordination with the Department of 127 Environmental Protection, shall adopt rules and procedures for 128 the sharing of fecal indicator bacteria data between agencies 129 and for the reporting of such data in the database. Fecal 130 indicator bacteria data relating to sampled beach waters and 131 public bathing places must be published in the database within 5 132 business days after receipt and confirmation of the data. 133 Section 3.This act shall take effect July 1, 2023.