Florida Senate - 2025 SB 156 By Senator Rodriguez 40-00324A-25 2025156__ 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 of Environmental 27 Protection to adopt and enforce certain rules; 28 revising requirements for such rules; requiring, 29 rather than authorizing, the department to issue 30 health advisories under certain circumstances; 31 directing the department to require closure of beach 32 waters and public bathing places under certain 33 circumstances; requiring that such closures remain in 34 effect for a specified period; including public 35 bathing places in an existing preemption of authority 36 to the state pertaining to the issuance of such health 37 advisories and an existing notification requirement; 38 requiring the department to notify the local 39 affiliates of national television networks in affected 40 areas; requiring municipalities and counties to notify 41 the department of any incident that may affect the 42 quality of beach waters and public bathing places 43 within their respective jurisdictions; requiring 44 public boat docks, marinas, and piers to notify the 45 municipality or county having jurisdiction of any 46 incident that may affect the quality of beach waters 47 in which the dock, marina, or pier is located; 48 requiring the department to investigate wastewater 49 treatment facilities and ocean outfalls within the 50 adjoining municipalities and counties of the affected 51 beach waters and public bathing places; requiring the 52 department to adopt by rule a certain health advisory 53 sign; providing requirements for the sign; providing 54 that municipalities and counties are responsible for 55 posting and maintaining the health advisory signs 56 around affected beach waters and public bathing places 57 that they own; providing that the department is 58 responsible for maintaining the health advisory signs 59 around affected beach waters and public bathing places 60 owned by the state; requiring the department to 61 coordinate with the Department of Health and the Fish 62 and Wildlife Conservation Commission as necessary to 63 implement such signage requirements; requiring the 64 department to monitor affected beach waters and public 65 bathing places for compliance with the signage 66 requirements; requiring the department to establish a 67 public statewide interagency database for a specified 68 purpose; requiring the department, in coordination 69 with the Department of Health, to adopt certain rules 70 and procedures; providing requirements for the 71 publication of certain data; amending s. 514.0231, 72 F.S.; deleting an obsolete provision; conforming a 73 provision to changes made by the act; providing 74 effective dates. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1.This act may be cited as the Safe Waterways 79 Act. 80 Section 2.(1)By July 1, 2025, the Department of Health 81 shall provide a report to the Governor, the President of the 82 Senate, and the Speaker of the House of Representatives 83 detailing all of the following information regarding the 84 departments bacteriological sampling of beach waters and public 85 bathing places: 86 (a)The average number of bacteriological samples collected 87 each year, differentiated by those collected by the department 88 and those submitted by owners of beach waters or public bathing 89 places. 90 (b)The average number of health advisories issued each 91 year, including their average duration. 92 (c)The number of department employees conducting work on 93 or related to the bacteriological sampling of beach waters and 94 public bathing places, including enforcement duties. 95 (d)The costs associated with fulfilling the departments 96 duties, including, but not limited to, salaries and benefits, 97 operational costs, and equipment costs. 98 (2)By December 31, 2025, the Department of Health and the 99 Department of Environmental Protection shall submit 100 recommendations to the Governor, the President of the Senate, 101 and the Speaker of the House of Representatives regarding the 102 transfer of bacteriological sampling of beach waters and public 103 bathing places from the Department of Health to the Department 104 of Environmental Protection. The recommendations must address 105 all aspects of the transfer, including the continued role, if 106 any, of the county health departments in the collection and 107 tracking of data relating to bacteriological sampling of beach 108 waters and public bathing places and enforcement of posted 109 signage requirements under s. 514.023, Florida Statutes, which 110 would be conducted under the direction of the Department of 111 Environmental Protection. 112 (3)By June 30, 2026, the Department of Health and the 113 Department of Environmental Protection shall enter into an 114 interagency agreement, based on the report and recommendations 115 submitted pursuant to subsections (1) and (2), respectively, 116 which must address all aspects of cooperation between the two 117 agencies for a period of at least 5 years after the date of the 118 transfer, including, but not limited to, all of the following: 119 (a)Any continued role of the county health departments in 120 the collection and tracking of data relating to bacteriological 121 sampling of beach waters and public bathing places and 122 enforcement of posted signage requirements imposed under s. 123 514.023, Florida Statutes. 124 (b)The proportionate number of administrative, auditing, 125 inspector general, attorney, and operational support positions, 126 and their respective related funding levels and sources and 127 assigned property which is appropriate to be transferred from 128 the Office of General Counsel, the Office of Inspector General, 129 and the Division of Administrative Services or other relevant 130 offices or divisions within the Department of Health to the 131 Department of Environmental Protection. 132 (c)The development of a recommended plan to address the 133 transfer or shared use of buildings, regional offices, and other 134 facilities used or owned by the Department of Health. 135 (d)Any operating budget adjustments that are necessary to 136 implement the requirements of this act. Adjustments made to the 137 operating budgets of the agencies in the implementation of this 138 act must be made in consultation with the appropriate 139 substantive and fiscal committees of the Senate and the House of 140 Representatives. The adjustments to the approved operating 141 budgets for the 2026-2027 fiscal year which are necessary to 142 reflect the organizational changes made by this act must be 143 implemented pursuant to s. 216.292(4)(d), Florida Statutes, and 144 are subject to s. 216.177, Florida Statutes. Subsequent 145 adjustments between the Department of Health and the Department 146 of Environmental Protection which are determined necessary by 147 the respective agencies and approved by the Executive Office of 148 the Governor are authorized and subject to s. 216.177, Florida 149 Statutes. Before such adjustments are made, the appropriate 150 substantive committees of the Senate and the House of 151 Representatives must be notified of the proposed adjustments to 152 ensure their consistency with legislative policy and intent. 153 (4)Effective July 1, 2026, all powers, duties, functions, 154 records, offices, personnel, associated administrative support 155 positions, property, pending issues, administrative authority, 156 administrative rules, and unexpended balances of appropriations, 157 allocations, and other funds for the regulation of 158 bacteriological sampling of beach waters and public bathing 159 places of the Department of Health are transferred by a type two 160 transfer, as defined in s. 20.06(2), Florida Statutes, to the 161 Department of Environmental Protection. 162 (5)Notwithstanding chapter 60L-34, Florida Administrative 163 Code, or any law to the contrary, employees transferred from the 164 Department of Health to the Department of Environmental 165 Protection to fill positions transferred by this act shall 166 retain and transfer any accrued annual leave, sick leave, and 167 regular and special compensatory leave balances. 168 Section 3.Effective July 1, 2026, subsection (1) of 169 section 514.021, Florida Statutes, is amended to read: 170 514.021Department authorization. 171 (1)With the exception of rules related to the 172 bacteriological sampling of beach waters and public bathing 173 places under s. 514.023, for which the adoption and enforcement 174 are solely the responsibility of the Department of Environmental 175 Protection, the department may adopt and enforce rules to 176 protect the health, safety, or welfare of persons by setting 177 sanitation and safety standards for public swimming pools and 178 public bathing places. The department shall review and revise 179 such rules as necessary, but not less than biennially. 180 Sanitation and safety standards must shall be limited to matters 181 relating to source of water supply; microbiological, chemical, 182 and physical quality of water in the pool or bathing area; 183 method of water purification, treatment, and disinfection; 184 lifesaving apparatus; and measures to ensure safety of bathers. 185 Section 4.Effective July 1, 2026, section 514.023, Florida 186 Statutes, is amended to read: 187 514.023Sampling of beach waters; and public bathing 188 places; health advisories; signage; database. 189 (1)As used in this section, the term: 190 (a)Beach waters means the waters along the coastal and 191 intracoastal beaches and shores of this the state, and includes 192 salt water and brackish water. 193 (b)Department means the Department of Environmental 194 Protection. 195 (2)The department shall may adopt and enforce rules to 196 protect the health, safety, and welfare of persons using the 197 beach waters and public bathing places of this the state. The 198 rules must establish health standards and prescribe procedures 199 and timeframes for bacteriological sampling of beach waters and 200 public bathing places. At a minimum, the rules must require 201 owners of beach waters and public bathing places to both notify 202 the department and resample the water within 24 hours after a 203 test result indicates that a sample of the beach waters or 204 public bathing place fails to meet standards established by the 205 department. 206 (3)The department must immediately may issue health 207 advisories if the quality of beach waters or a public bathing 208 place fails to meet standards established by the department and 209 must require closure of beach waters and public bathing places 210 that fail to meet the departments standards if it deems closure 211 is necessary to protect the health, safety, and welfare of the 212 public. Closures must remain in effect until the quality of the 213 beach waters or public bathing place is restored in accordance 214 with the departments standards and until the department has 215 removed any related health advisories that it issued. The 216 issuance of health advisories related to the results of 217 bacteriological sampling of beach waters and public bathing 218 places is preempted to the state. 219 (4)(a)When the department issues a health advisory against 220 swimming in beach waters or a public bathing place on the basis 221 of finding elevated levels of fecal coliform, Escherichia coli, 222 or enterococci bacteria in a water sample, the department must 223 immediately and shall concurrently notify the municipality or 224 county in which the affected beach waters or public bathing 225 place is are located, whichever has jurisdiction, and the local 226 office of the Department of Health, and the local affiliates of 227 national television networks in the affected area Environmental 228 Protection, of the advisory. 229 (b)Municipalities and counties shall immediately notify 230 the department of any incident that may affect the quality of 231 beach waters or public bathing places within their respective 232 jurisdictions. Public boat docks, marinas, and piers shall 233 immediately notify the municipality or county having 234 jurisdiction of any incident that may affect the quality of 235 beach waters in which the dock, marina, or pier is located. 236 (c)The local office of the department of Environmental 237 Protection shall promptly investigate wastewater treatment 238 facilities and ocean outfalls within the adjoining 239 municipalities and counties 1 mile of the affected beach waters 240 or public bathing place to determine whether if a facility 241 experienced an incident that may have contributed to the 242 contamination and provide the results of the investigation in 243 writing or by electronic means to the municipality or county, as 244 applicable. 245 (d)The department shall adopt by rule a sign that must be 246 used when it issues a health advisory against swimming in 247 affected beach waters or public bathing places due to elevated 248 levels of fecal coliform, Escherichia coli, or enterococci 249 bacteria in the water. The sign must include the following 250 language: THIS WATER BODY HAS BEEN VERIFIED TO BE CONTAMINATED 251 WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER 252 QUALITY STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK 253 OF INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION TO AVOID 254 INGESTING THE WATER OR EXPOSING OPEN WOUNDS. SECTION 514.023, 255 FLORIDA STATUTES. The department shall require that health 256 advisory signs be displayed at beach access points and in 257 conspicuous areas around affected beach waters and public 258 bathing places until subsequent testing of the water 259 demonstrates that the bacteria levels meet the standards 260 established by the department. 261 (e)Municipalities and counties are responsible for posting 262 and maintaining health advisory signs as described in paragraph 263 (d) around affected beach waters and public bathing places that 264 they own. The department is responsible for posting and 265 maintaining health advisory signs around affected beach waters 266 and public bathing places owned by the state. The department 267 shall coordinate with the Department of Health and the Fish and 268 Wildlife Conservation Commission as necessary to implement the 269 signage requirements of this subsection. 270 (f)The department shall monitor affected beach waters and 271 public bathing places for compliance with the signage 272 requirements of this subsection, ensuring that only department 273 approved health advisory signs are used and that such signage is 274 posted and maintained in compliance with this subsection until 275 the health advisory is no longer in effect. 276 (5)The department shall establish a public statewide 277 interagency database for the reporting of fecal indicator 278 bacteria data for beach waters and public bathing places in this 279 state. The department, in coordination with the Department of 280 Health, shall adopt rules and procedures for the sharing of 281 fecal indicator bacteria data between agencies and for the 282 reporting of such data in the database. Fecal indicator bacteria 283 data relating to sampled beach waters and public bathing places 284 must be published in the database immediately after receipt and 285 confirmation of the data. 286 Section 5.Effective July 1, 2026, section 514.0231, 287 Florida Statutes, is amended to read: 288 514.0231Advisory committee to oversee sampling of beach 289 waters.The Department of Environmental Protection Health shall 290 form an interagency technical advisory committee to oversee the 291 performance of the study required in s. 514.023 and to advise it 292 in rulemaking pertaining to standards for public bathing places 293 along the coastal and intracoastal beaches and shores of the 294 state. Membership on the committee must shall consist of equal 295 numbers of staff of the Department of Environmental Protection 296 and the Department of Health and the Department of Environmental 297 Protection with expertise in the subject matter of the study. 298 Members shall be appointed by the Secretary of Environmental 299 Protection and the State Surgeon General and the Secretary of 300 Environmental Protection. The committee shall be chaired by a 301 representative from the Department of Environmental Protection 302 Health. 303 Section 6.Except as otherwise expressly provided in this 304 act, this act shall take effect upon becoming a law.