Florida 2024 Regular Session

Florida House Bill H0165 Compare Versions

Version 1 (Old)

Version 2 (New)

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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		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to sampling of beach waters and public 2
16	16		bathing spaces; 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 of Health to issue certain health 7
21	21		advisories; directing the department to require 8
22	22		closure of beach waters and public bathing places 9
23	23		under certain circumstances; requiring that such 10
24	24		closures remain in effect for a specified period; 11
25	25		requiring the department, municipalities and counties, 12
26	26		and owners of public boat docks, marinas, and piers to 13
27	27		provide certain notice; preempting the issuance of 14
28	28		certain health advisories for public bathing places to 15
29	29		the state; requiring the department to adopt by rule a 16
30	30		health advisory sign; providing requirements for such 17
31	31		sign; providing that municipalities a nd counties are 18
32	32		responsible for posting and maintaining such signs 19
33	33		around certain affected beach waters and public 20
34	34		bathing places; providing that the Department of 21
35	35		Environmental Protection is responsible for posting 22
36	36		and maintaining such signs around certai n affected 23
37	37		beach waters and public bathing places; requiring the 24
38	38		Department of Health to coordinate with the Department 25
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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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51	51		of Environmental Protection and the Fish and Wildlife 26
52	52		Conservation Commission to implement signage 27
53	53		requirements; providing an effective date. 28
54	54		29
55	55		Be It Enacted by the Legislature of the State of Florida: 30
56	56		31
57	57		Section 1. Section 514.023, Florida Statutes, is amended 32
58	58		to read: 33
59	59		514.023 Sampling of beach waters ; and public bathing 34
60	60		places; health advisories ; signage.— 35
61	61		(1) As used in this se ction, the term "beach waters" means 36
62	62		the waters along the coastal and intracoastal beaches and shores 37
63	63		of this the state, and includes salt water and brackish water. 38
64	64		(2) The department shall may adopt and enforce rules to 39
65	65		protect the health, safety, and w elfare of persons using the 40
66	66		beach waters and public bathing places of this the state. The 41
67	67		rules must establish health standards and prescribe procedures 42
68	68		and timeframes for bacteriological sampling of beach waters and 43
69	69		public bathing places. At a minimum, the rules must require 44
70	70		owners of beach waters and public bathing places to notify the 45
71	71		department within 24 hours after a test result indicates that a 46
72	72		sample of the beach waters or public bathing place fails to meet 47
73	73		standards established by the department. 48
74	74		(3) The department shall, within 24 hours or the next 49
75	75		business day, whichever occurs first, may issue health 50
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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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88	88		advisories if the quality of beach waters or a public bathing 51
89	89		place fails to meet standards established by the department and 52
90	90		shall require closure of beach waters and public bathing places 53
91	91		that fail to meet the department's standards if it deems closure 54
92	92		is necessary to protect the health, safety, and welfare of the 55
93	93		public. Closures must remain in effect until the quality of the 56
94	94		beach waters or publi c bathing place is restored in accordance 57
95	95		with the department's standards and until the department has 58
96	96		removed any related health advisories that it issued . The 59
97	97		issuance of health advisories related to the results of 60
98	98		bacteriological sampling of beach water s and public bathing 61
99	99		places is preempted to the state. 62
100	100		(4)(a) When the department issues a health advisory 63
101	101		against swimming in beach waters or a public bathing place on 64
102	102		the basis of finding elevated levels of fecal coliform, 65
103	103		Escherichia coli, or enterococci bacteria in a water sample, the 66
104	104		department shall, within 24 hours or the next business day, 67
105	105		whichever occurs first, concurrently notify the municipality or 68
106	106		county in which the affected beach waters or public bathing 69
107	107		place is are located, whichever has jurisdiction, and the local 70
108	108		office of the Department of Environmental Protection, and the 71
109	109		local affiliates of national television networks in the affected 72
110	110		area of the advisory. 73
111	111		(b) Municipalities and counties shall, within 24 hours or 74
112	112		the next business day, whichever occurs first, notify the 75
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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		department of any incident that makes the water quality of beach 76
126	126		waters or public bathing places within their respective 77
127	127		jurisdictions unsafe. Owners of public boat docks, marinas, and 78
128	128		piers shall, within 24 hours or the next business day, whichever 79
129	129		occurs first, notify the jurisdictional municipality or county 80
130	130		of any incident that makes the water quality of beach waters in 81
131	131		which the dock, marina, or pier is located unsafe. 82
132	132		(c) The local office of the Department of E nvironmental 83
133	133		Protection shall promptly investigate wastewater treatment 84
134	134		facilities within 1 mile of the affected beach waters or public 85
135	135		bathing place to determine if a facility experienced an incident 86
136	136		that may have contributed to the contamination and prov ide the 87
137	137		results of the investigation in writing or by electronic means 88
138	138		to the municipality or county, as applicable. 89
139	139		(d) The department shall adopt by rule a sign that must be 90
140	140		used when it issues a health advisory against swimming in 91
141	141		affected beach water s or public bathing places due to elevated 92
142	142		levels of fecal coliform, Escherichia coli, or enterococci 93
143	143		bacteria in the water. The department shall require that the 94
144	144		health advisory sign be no less than 16.5 inches by 30 inches in 95
145	145		diameter and posted at beach access points and in conspicuous 96
146	146		areas around affected beach waters and public bathing places 97
147	147		until subsequent testing of the water demonstrates that the 98
148	148		bacteria levels meet the standards established by the 99
149	149		department. 100
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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		(e) Municipalities and counties a re responsible for 101
163	163		posting and maintaining health advisory signs as described in 102
164	164		paragraph (d) around affected beach waters and public bathing 103
165	165		places owned by them. The Department of Environmental Protection 104
166	166		is responsible for posting and maintaining healt h advisory signs 105
167	167		around affected beach waters and public bathing places owned by 106
168	168		the state. The department shall coordinate with the Department 107
169	169		of Environmental Protection and the Fish and Wildlife 108
170	170		Conservation Commission as necessary to implement the sign age 109
171	171		requirements of this subsection. Such signage must be posted and 110
172	172		maintained in compliance with this subsection until the health 111
173	173		advisory is no longer in effect. 112
174	174		Section 2. This act shall take effect July 1, 2024. 113