Florida Senate - 2024 SB 338 By Senator Berman 26-00136A-24 2024338__ 1 A bill to be entitled 2 An act relating to the Safe Waterways Act; providing a 3 short title; requiring the Department of Health to 4 provide a report of specified information to the 5 Governor and the Legislature by a specified date; 6 requiring the Department of Health and the Department 7 of Environmental Protection to submit to the Governor 8 and the Legislature, by a specified date, certain 9 recommendations relating to the transfer of duties 10 related to the bacteriological sampling of beach 11 waters and public bathing places; requiring the 12 departments to enter into an interagency agreement, by 13 a specified date, that meets certain requirements; 14 transferring the duties related to the bacteriological 15 sampling of beach waters and public bathing places 16 from the Department of Health to the Department of 17 Environmental Protection by a type two transfer by a 18 specified date; providing that certain employees 19 retain and transfer certain types of leave upon the 20 transfer; amending s. 514.021, F.S.; specifying that 21 the Department of Environmental Protection is solely 22 responsible for adopting and enforcing rules related 23 to the bacteriological sampling of beach waters and 24 public bathing places; amending s. 514.023, F.S.; 25 defining the term department; requiring, rather than 26 authorizing, the department to adopt and enforce 27 certain rules; revising requirements for such rules; 28 requiring, rather than authorizing, the department to 29 issue health advisories under certain circumstances; 30 directing the department to require closure of beach 31 waters and public bathing places under certain 32 circumstances; requiring that such closures remain in 33 effect for a specified period; including public 34 bathing places in an existing preemption of authority 35 to the state pertaining to the issuance of such health 36 advisories and an existing notification requirement; 37 requiring municipalities and counties to immediately 38 notify the department of any incident that may affect 39 the quality of beach waters or public bathing places 40 within their respective jurisdictions; requiring the 41 department to promptly investigate outfall pipes, in 42 addition to wastewater treatment facilities, within 43 municipalities adjoining affected beach waters or 44 public bathing places; requiring the department to 45 adopt by rule a certain health advisory sign; 46 providing requirements for the sign; requiring that 47 the sign be posted in a specified manner and 48 maintained until subsequent testing demonstrates that 49 the waters bacteria levels meet the standards 50 established by the department; providing that 51 municipalities and counties are responsible for 52 maintaining the health advisory signs around affected 53 beach waters and public bathing places that they own; 54 providing that the department is responsible for 55 maintaining the health advisory signs around affected 56 beach waters and public bathing places owned by the 57 state; requiring the department to coordinate with the 58 Department of Health and the Fish and Wildlife 59 Conservation Commission as necessary to implement such 60 signage requirements; requiring the department to 61 monitor affected beach waters and public bathing 62 places for compliance with the signage requirements; 63 requiring the department to establish a public 64 statewide interagency database for a specified 65 purpose; requiring the department, in coordination 66 with the Department of Health, to adopt certain rules 67 and procedures; providing requirements for the 68 publication of certain data; amending s. 514.0231, 69 F.S.; conforming a provision to changes made by the 70 act; providing effective dates. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1.This act may be cited as the Safe Waterways 75 Act. 76 Section 2.(1)By July 1, 2024, the Department of Health 77 shall provide a report to the Governor, the President of the 78 Senate, and the Speaker of the House of Representatives 79 detailing all of the following information regarding the 80 departments bacteriological sampling of beach waters and public 81 bathing places: 82 (a)The average number of bacteriological samples collected 83 each year, differentiated by those collected by the department 84 and those submitted by owners of beach waters or public bathing 85 places. 86 (b)The average number of health advisories issued each 87 year, including their average duration. 88 (c)The number of department employees conducting work on 89 or related to the bacteriological sampling of beach waters and 90 public bathing places, including enforcement duties. 91 (d)The costs associated with fulfilling the departments 92 duties, including, but not limited to, salaries and benefits, 93 operational costs, and equipment costs. 94 (2)By December 31, 2024, the Department of Health and the 95 Department of Environmental Protection shall submit 96 recommendations to the Governor, the President of the Senate, 97 and the Speaker of the House of Representatives regarding the 98 transfer of bacteriological sampling of beach waters and public 99 bathing places from the Department of Health to the Department 100 of Environmental Protection. The recommendations must address 101 all aspects of the transfer, including the continued role, if 102 any, of the county health departments in the collection and 103 tracking of data relating to bacteriological sampling of beach 104 waters and public bathing places and enforcement of posted 105 signage requirements imposed under s. 514.023, Florida Statutes, 106 which would be conducted under the direction of the Department 107 of Environmental Protection. 108 (3)By June 30, 2025, the Department of Health and the 109 Department of Environmental Protection shall enter into an 110 interagency agreement, based on the report and recommendations 111 submitted pursuant to subsections (1) and (2), respectively, 112 which must address all aspects of cooperation between the two 113 agencies for a period of at least 5 years after the date of the 114 transfer, including, but not limited to, all of the following: 115 (a)Any continued role of the county health departments in 116 the collection and tracking of data relating to bacteriological 117 sampling of beach waters and public bathing places and 118 enforcement of posted signage requirements imposed under s. 119 514.023, Florida Statutes. 120 (b)The proportionate number of administrative, auditing, 121 inspector general, attorney, and operational support positions, 122 and their respective related funding levels and sources and 123 assigned property, that is appropriate to be transferred from 124 the Office of General Counsel, the Office of Inspector General, 125 and the Division of Administrative Services or other relevant 126 offices or divisions within the Department of Health to the 127 Department of Environmental Protection. 128 (c)The development of a recommended plan to address the 129 transfer or shared use of buildings, regional offices, and other 130 facilities used or owned by the Department of Health. 131 (d)Any operating budget adjustments that are necessary to 132 implement the requirements of this act. Adjustments made to the 133 operating budgets of the agencies in the implementation of this 134 act must be made in consultation with the appropriate 135 substantive and fiscal committees of the Senate and the House of 136 Representatives. The adjustments to the approved operating 137 budgets for the 2025-2026 fiscal year which are necessary to 138 reflect the organizational changes made by this act must be 139 implemented pursuant to s. 216.292(4)(d), Florida Statutes, and 140 are subject to s. 216.177, Florida Statutes. Subsequent 141 adjustments between the Department of Health and the Department 142 of Environmental Protection that are determined necessary by the 143 respective agencies and approved by the Executive Office of the 144 Governor are authorized and subject to s. 216.177, Florida 145 Statutes. Before such adjustments are made, the appropriate 146 substantive committees of the Senate and the House of 147 Representatives must be notified of the proposed adjustments to 148 ensure their consistency with legislative policy and intent. 149 (4)Effective July 1, 2025, all powers, duties, functions, 150 records, offices, personnel, associated administrative support 151 positions, property, pending issues, administrative authority, 152 administrative rules, and unexpended balances of appropriations, 153 allocations, and other funds for the regulation of 154 bacteriological sampling of beach waters and public bathing 155 places of the Department of Health are transferred by a type two 156 transfer, as defined in s. 20.06(2), Florida Statutes, to the 157 Department of Environmental Protection. 158 (5)Notwithstanding chapter 60L-34, Florida Administrative 159 Code, or any law to the contrary, employees transferred from the 160 Department of Health to the Department of Environmental 161 Protection to fill positions transferred by this act retain and 162 transfer any accrued annual leave, sick leave, and regular and 163 special compensatory leave balances. 164 Section 3.Effective July 1, 2025, subsection (1) of 165 section 514.021, Florida Statutes, is amended to read: 166 514.021Department authorization. 167 (1)With the exception of rules related to the 168 bacteriological sampling of beach waters and public bathing 169 places under s. 514.023, for which the adoption and enforcement 170 are solely the responsibility of the Department of Environmental 171 Protection, the department may adopt and enforce rules to 172 protect the health, safety, or welfare of persons by setting 173 sanitation and safety standards for public swimming pools and 174 public bathing places. The department shall review and revise 175 such rules as necessary, but not less than biennially. 176 Sanitation and safety standards must shall be limited to matters 177 relating to source of water supply; microbiological, chemical, 178 and physical quality of water in the pool or bathing area; 179 method of water purification, treatment, and disinfection; 180 lifesaving apparatus; and measures to ensure safety of bathers. 181 Section 4.Effective July 1, 2025, section 514.023, Florida 182 Statutes, is amended to read: 183 514.023Sampling of beach waters; and public bathing 184 places; health advisories; signage; database. 185 (1)As used in this section, the term: 186 (a)Beach waters means the waters along the coastal and 187 intracoastal beaches and shores of this the state, and includes 188 salt water and brackish water. 189 (b)Department means the Department of Environmental 190 Protection. 191 (2)The department shall may adopt and enforce rules to 192 protect the health, safety, and welfare of persons using the 193 beach waters and public bathing places of this the state. The 194 rules must establish health standards and prescribe procedures 195 and timeframes for bacteriological sampling of beach waters and 196 public bathing places. At a minimum, the rules must require 197 owners of beach waters and public bathing places to both notify 198 the department and resample the water within 24 hours after a 199 test result indicates that a sample of the beach waters or 200 public bathing place fails to meet standards established by the 201 department. 202 (3)The department must may issue health advisories if the 203 quality of beach waters or a public bathing place fails to meet 204 standards established by the department and must require closure 205 of beach waters and public bathing places that fail to meet the 206 departments standards if it deems closure is necessary to 207 protect the health, safety, and welfare of the public. Closures 208 must remain in effect until the quality of the beach waters or 209 public bathing place is restored in accordance with the 210 departments standards and until the department has removed any 211 related health advisories that it issued. The issuance of health 212 advisories related to the results of bacteriological sampling of 213 beach waters and public bathing places is preempted to the 214 state. 215 (4)(a)When the department issues a health advisory against 216 swimming in beach waters or a public bathing place on the basis 217 of finding elevated levels of fecal coliform, Escherichia coli, 218 or enterococci bacteria in a water sample, the department must 219 shall concurrently notify the municipality or county in which 220 the affected beach waters or public bathing place is are 221 located, whichever has jurisdiction, and the local office of the 222 Department of Health Environmental Protection, of the advisory. 223 (b)Municipalities and counties shall immediately notify 224 the department of any incident that may affect the quality of 225 beach waters or public bathing places within their respective 226 jurisdictions. 227 (c)The local office of the department of Environmental 228 Protection shall promptly investigate wastewater treatment 229 facilities and outfall pipes within municipalities adjoining 1 230 mile of the affected beach waters or public bathing place to 231 determine whether if a facility experienced an incident that may 232 have contributed to the contamination and provide the results of 233 the investigation in writing or by electronic means to the 234 municipality or county, as applicable. 235 (d)The department shall adopt by rule a sign that must be 236 used when it issues a health advisory against swimming in 237 affected beach waters or public bathing places due to elevated 238 levels of fecal coliform, Escherichia coli, or enterococci 239 bacteria in the water. The sign must include the following 240 language: THIS WATER BODY HAS BEEN VERIFIED TO BE CONTAMINATED 241 WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER 242 QUALITY STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK 243 OF INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION TO AVOID 244 INGESTING THE WATER OR EXPOSING OPEN WOUNDS. SECTION 514.023, 245 FLORIDA STATUTES. The department shall require that health 246 advisory signs be displayed at beach access points and in 247 conspicuous areas around affected beach waters and public 248 bathing places until subsequent testing of the water 249 demonstrates that the bacteria levels meet the standards 250 established by the department. 251 (e)Municipalities and counties are responsible for posting 252 and maintaining health advisory signs as described in paragraph 253 (d) around affected beach waters and public bathing places that 254 they own. The department is responsible for posting and 255 maintaining health advisory signs around affected beach waters 256 and public bathing places owned by the state. The department 257 shall coordinate with the Department of Health and the Fish and 258 Wildlife Conservation Commission as necessary to implement the 259 signage requirements of this subsection. 260 (f)The department shall monitor affected beach waters and 261 public bathing places for compliance with the signage 262 requirements of this subsection, ensuring that only department 263 approved health advisory signs are used and that such signage is 264 posted and maintained in compliance with this subsection until 265 the health advisory is no longer in effect. 266 (5)The department shall establish a public statewide 267 interagency database for the reporting of fecal indicator 268 bacteria data for beach waters and public bathing places in this 269 state. The department, in coordination with the Department of 270 Health, shall adopt rules and procedures for the sharing of 271 fecal indicator bacteria data between agencies and for the 272 reporting of such data in the database. Fecal indicator bacteria 273 data relating to sampled beach waters and public bathing places 274 must be published in the database within 1 business day after 275 receipt and confirmation of the data. 276 Section 5.Effective July 1, 2025, section 514.0231, 277 Florida Statutes, is amended to read: 278 514.0231Advisory committee to oversee sampling of beach 279 waters.The Department of Environmental Protection Health shall 280 form an interagency technical advisory committee to oversee the 281 performance of the study required in s. 514.023 and to advise it 282 in rulemaking pertaining to standards for public bathing places 283 along the coastal and intracoastal beaches and shores of the 284 state. Membership on the committee must shall consist of equal 285 numbers of staff of the Department of Environmental Protection 286 and the Department of Health and the Department of Environmental 287 Protection with expertise in the subject matter of the study. 288 Members shall be appointed by the Secretary of Environmental 289 Protection and the State Surgeon General and the Secretary of 290 Environmental Protection. The committee shall be chaired by a 291 representative from the Department of Environmental Protection 292 Health. 293 Section 6.Except as otherwise expressly provided in this 294 act, this act shall take effect upon becoming a law.