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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
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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 period; 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 o f 14
certain health advisories for public bathing places to 15
the state; requiring the department to 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 maintaini ng such signs 19
around certain affected beach waters and public 20
bathing places; providing that the Department of 21
Environmental Protection is responsible for posting 22
and maintaining such signs around certain affected 23
beach waters and public bathing places; re quiring 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 St ate 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 and 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 b athing places of this the state. The 41
rules must establish health standards and prescribe procedures 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 publi c bathing places to notify the 45
department within 24 hours after a test result indicates that a 46
sample of the beach waters or public bathing place fails to meet 47
standards established by the department. 48
(3) The department shall, within 24 hours or the next 49
business day, whichever occurs first, may issue health 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
advisories if the quality of beach waters or a public bathing 51
place fails to meet standards established by the department and 52
shall require closure of beach waters and public bathing places 53
that fail to meet the department's standards if it deems closure 54
is necessary to protect the health, safety, and welfare of the 55
public. Closures must remain in effect until the quality of the 56
beach waters or public bathing place is restored in accordance 57
with the department's standards and until the department has 58
removed any related health advisories that it issued . The 59
issuance of health advisories related to the results of 60
bacteriological sampling of beach waters and public bathing 61
places is preempted to the state . 62
(4)(a) When the department issues a health advisory 63
against swimming in beach waters or a public bathing place on 64
the basis of finding elevated levels of fecal coliform, 65
Escherichia coli, or enterococci bacteria in a water sample, the 66
department shall, within 24 hours or the next business day, 67
whichever occurs first, concurrently notify the municipality or 68
county in which the affected beach waters or public bathing 69
place is are located, whichever has jurisdiction, and the local 70
office of the Department of Environmental Protection, and the 71
local affiliates of national television networks in the affected 72
area of the advisory. 73
(b) Municipalities and counties shall, within 24 hours or 74
the next business day, whichever occurs first, notify the 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
department of any incident that makes the water quality of beach 76
waters or public bathing places within their respective 77
jurisdictions unsafe. Owners of public boat docks, marinas, and 78
piers shall, within 24 hours or the next business day, whichever 79
occurs first, notify the jurisdictional municipality or county 80
of any incident that makes the water quality of beach waters in 81
which the dock, marina, or pier is located unsafe. 82
(c) The local office of the Department of Environmental 83
Protection shall promptly investigate wa stewater treatment 84
facilities within 1 mile of the affected beach waters or public 85
bathing place to determine if a facility experienced an incident 86
that may have contributed to the contamination and provide the 87
results of the investigation in writing or by electronic means 88
to the municipality or county, as applicable. 89
(d) The department shall adopt by rule a sign that must be 90
used when it issues a health advisory against swimming in 91
affected beach waters or public bathing places due to elevated 92
levels of fecal coliform, Escherichia coli, or enterococci 93
bacteria in the water. The department shall require that the 94
health advisory sign be no less than 16.5 inches by 30 inches in 95
diameter and posted at beach access points and in conspicuous 96
areas around affected beach waters and public bathing places 97
until subsequent testing of the water demonstrates that the 98
bacteria levels meet the standards established by the 99
department. 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
(e) Municipalities and counties are responsible for 101
posting and maintaining health adv isory signs as described in 102
paragraph (d) around affected beach waters and public bathing 103
places owned by them. The Department of Environmental Protection 104
is responsible for posting and maintaining health advisory signs 105
around affected beach waters and pub lic bathing places owned by 106
the state. The department shall coordinate with the Department 107
of Environmental Protection and the Fish and Wildlife 108
Conservation Commission as necessary to implement the signage 109
requirements of this subsection. Such signage mus t be posted and 110
maintained in compliance with this subsection until the health 111
advisory is no longer in effect. 112
Section 2. This act shall take effect July 1, 2024. 113