Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 144
       
       
       
       
       
       
                                Barcode 252812                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/24/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Rich) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 380.276, Florida Statutes, is amended to
    6  read:
    7         380.276 Beaches and coastal areas; display of uniform
    8  warning and safety flags at public beaches; placement of uniform
    9  notification signs; beach safety education.—
   10         (1) It is the intent of the Legislature that a cooperative
   11  effort among state agencies and local governments be undertaken
   12  to plan for and assist in the display of uniform warning and
   13  safety flags, and the placement of uniform notification signs
   14  that provide the meaning of such warning and safety flags, at
   15  public beaches along the coast of the state. Because the varying
   16  natural conditions of Florida’s public beaches and coastal areas
   17  pose significant risks to the safety of tourists and the general
   18  public, it is important to inform the public of the need to
   19  exercise caution.
   20         (2)As used in this section, the term “beach” means any
   21  sandy shoreline fronting on the Atlantic Ocean, the Gulf of
   22  Mexico, or Straits of Florida that is laterally transversed or
   23  customarily used by the public.
   24         (3)(2) The Department of Environmental Protection, through
   25  the Florida Coastal Management Program, shall direct and
   26  coordinate the uniform warning and safety flag program. The
   27  purpose of the program shall be to encourage the display of
   28  uniform warning and safety flags at public beaches along the
   29  coast of the state and to encourage the placement of uniform
   30  notification signs that provide the meaning of such flags. Only
   31  warning and safety flags developed by the department shall be
   32  displayed. Participation in the program is strongly encouraged
   33  by all governments having a beach as defined in subsection (2),
   34  to display, at a minimum, the uniform notification signs that
   35  provide the meaning of such warnings and safety flags. It should
   36  be the department’s goal to have 100 percent of beaches
   37  participate in the Florida Coastal Management Program and
   38  display the uniform notification signs that provide the meaning
   39  of such warnings and the accompanying flags. Participation in
   40  the program shall be open to any entity having jurisdiction over
   41  a beach as defined in subsection(2), whether or not they have
   42  lifeguards shall be open to any government having jurisdiction
   43  over a public beach along the coast, whether or not the beach
   44  has lifeguards.
   45         (4)(3) The Department of Environmental Protection shall
   46  develop a program for the display of uniform warning and safety
   47  flags at public beaches along the coast of the state and for the
   48  placement of uniform notification signs that provide the meaning
   49  of the flags displayed. Such a program shall provide:
   50         (a) For posted notification of the meaning of each of the
   51  warning and safety flags at all designated beach public access
   52  points.
   53         (b) That uniform notification signs be posted in a
   54  conspicuous location and be clearly legible.
   55         (c) A standard size, shape, color, and definition for each
   56  warning and safety flag.
   57         (5)(4) The Department of Environmental Protection may is
   58  authorized, within the limits of appropriations or grants
   59  available to it for such purposes, to establish and operate a
   60  program to encourage the display of uniform warning and safety
   61  flags at public beaches along the coast of the state and to
   62  encourage the placement of uniform notification signs that
   63  provide the meaning of the flags displayed. The department shall
   64  coordinate the implementation of the uniform warning and safety
   65  flag program with local governing bodies and the Florida Beach
   66  Patrol Chiefs Association. In awarding funds the department
   67  shall first fund all requests from local governments. If funds
   68  remain the department shall fund these on a first-come, first
   69  served basis.
   70         (6)(5) The Department of Environmental Protection may adopt
   71  rules pursuant to ss. 120.536(1) and 120.54 necessary to
   72  administer this section.
   73         (7)(6) Due to the inherent danger of constantly changing
   74  surf and other naturally occurring conditions along Florida’s
   75  coast, the state, state agencies, local and regional government
   76  entities or authorities, and their individual employees and
   77  agents, are shall not be held liable for any injury or loss of
   78  life caused by changing surf and other naturally occurring
   79  conditions along coastal areas, whether or not uniform warning
   80  and safety flags or notification signs developed by the
   81  department are displayed or posted.
   82         (8)(7) The Department of Environmental Protection, through
   83  the Florida Coastal Management Program, may also develop and
   84  make available to the public other educational information and
   85  materials related to beach safety.
   86         Section 2.  This act shall take effect July 1, 2009.
   87  
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90         And the title is amended as follows:
   91         Delete everything before the enacting clause
   92  and insert:
   93         A bill to be entitled
   94         An act relating to beach safety; amending s. 380.276, F.S.;
   95  expanding the beach safety program administered by the
   96  Department of Environmental Protection to apply to all beaches;
   97  providing an effective date.