CS/HB 165 2024
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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 sampling of beach waters and public 2
bathing spaces; amending s. 514.023, F.S.; requiring, 3
rather than authorizing, the Department of Health to 4
adopt and enforce certain rules; revising requirements 5
for such rules; requiring, rather than authorizing, 6
the Department of Health to issue certain health 7
advisories; directing the department to require 8
closure of beach waters and public bathing places 9
under certain circumstances; requiring that such 10
closures remain in effect for a specified perio d; 11
requiring the department, municipalities and counties, 12
and owners of public boat docks, marinas, and piers to 13
provide certain notice; preempting the issuance of 14
certain health advisories for public bathing places to 15
the state; requiring the department t o adopt by rule a 16
health advisory sign; providing requirements for such 17
sign; providing that municipalities and counties are 18
responsible for posting and maintaining such signs 19
around certain affected beach waters and public 20
bathing places; providing that t he Department of 21
Environmental Protection is responsible for posting 22
and maintaining such signs around certain affected 23
beach waters and public bathing places; requiring the 24
Department of Health to coordinate with the Department 25
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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
of Environmental Protection and the Fish and Wildlife 26
Conservation Commission to implement signage 27
requirements; providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Section 514.023, Florida Statutes, is amended 32
to read: 33
514.023 Sampling of beach waters ; and public bathing 34
places; health advisories ; signage.— 35
(1) As used in this section, the term "beach waters" means 36
the waters along the coastal and intracoastal beaches and shores 37
of this the state, and includes salt water an d brackish water. 38
(2) The department shall may adopt and enforce rules to 39
protect the health, safety, and welfare of persons using the 40
beach waters and public bathing places of this the state. The 41
rules must establish health standards and prescribe proce dures 42
and timeframes for bacteriological sampling of beach waters and 43
public bathing places. At a minimum, the rules must require 44
owners of beach waters and public bathing places to both notify 45
the department and resample the water within 24 hours after a 46
test result indicates that a sample of the beach waters or 47
public bathing place fails to meet standards established by the 48
department. 49
(3) The department shall, within 24 hours or the next 50
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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
business day, whichever occurs first, may issue health 51
advisories if the quality of beach waters or a public bathing 52
place fails to meet standards established by the department and 53
shall require closure of beach waters and public bathing places 54
that fail to meet the department's standards if it deems closure 55
is necessary to protect the health, safety, and welfare of the 56
public. Closures must remain in effect until the quality of the 57
beach waters or public bathing place is restored in accordance 58
with the department's standards and until the department has 59
removed any related health advisories that it issued . The 60
issuance of health advisories related to the results of 61
bacteriological sampling of beach waters and public bathing 62
places is preempted to the state. 63
(4)(a) When the department issues a health advisory 64
against swimming in beach waters or a public bathing place on 65
the basis of finding elevated levels of fecal coliform, 66
Escherichia coli, or enterococci bacteria in a water sample, the 67
department shall, within 24 hours or the next business day, 68
whichever occurs first, concurrently notify the municipality or 69
county in which the affected beach waters or public bathing 70
place is are located, whichever has jurisdiction, and the local 71
office of the Department of Environmental Protection, and the 72
local affiliates of national television networks in the affected 73
area of the advisory. 74
(b) Municipalities and counties shall, within 24 hours or 75
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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 next business day, whichever occurs first, notify the 76
department of any incident that negatively impacts the quality 77
of beach waters or public bathing places within their respective 78
jurisdictions. Owners of public boat docks, marinas, and piers 79
shall, within 24 hours or the next business day, whichever 80
occurs first, notify the jurisdictional municipality or county 81
of any incident that ne gatively impacts the quality of beach 82
waters in which the dock, marina, or pier is located. 83
(c) The local office of the Department of Environmental 84
Protection shall promptly investigate wastewater treatment 85
facilities within 1 mile of the affected beach waters or public 86
bathing place to determine if a facility experienced an incident 87
that may have contributed to the contamination and provide the 88
results of the investigation in writing or by electronic means 89
to the municipality or county, as applicable. 90
(d) The department shall adopt by rule a sign that must be 91
used when it issues a health advisory against swimming in 92
affected beach waters or public bathing places due to elevated 93
levels of fecal coliform, Escherichia coli, or enterococci 94
bacteria in the water. The department shall require that the 95
health advisory sign be no less than 20 inches by 20 inches in 96
diameter and posted at beach access points and in conspicuous 97
areas around affected beach waters and public bathing places 98
until subsequent testing o f the water demonstrates that the 99
bacteria levels meet the standards established by the 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
department. 101
(e) Municipalities and counties are responsible for 102
posting and maintaining health advisory signs as described in 103
paragraph (d) around affected beach wate rs and public bathing 104
places owned by them. The Department of Environmental Protection 105
is responsible for posting and maintaining health advisory signs 106
around affected beach waters and public bathing places owned by 107
the state. The department shall coordina te with the Department 108
of Environmental Protection and the Fish and Wildlife 109
Conservation Commission as necessary to implement the signage 110
requirements of this subsection. Such signage must be posted and 111
maintained in compliance with this subsection until the health 112
advisory is no longer in effect. 113
Section 2. This act shall take effect July 1, 2024. 114