House Bill 4137

    Florida House of Representatives - 1998                HB 4137

        By Representative Hafner






  1                      A bill to be entitled

  2         An act relating to public swimming and bathing

  3         places; amending s. 514.011, F.S.; modifying a

  4         definition; creating s. 514.023, F.S.;

  5         authorizing the Department of Health to set

  6         standards for and sample beach waters, and

  7         issue health advisories under certain

  8         conditions; preempting to the state the

  9         issuance of such health advisories; providing

10         an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (4) of section 514.011, Florida

15  Statutes, is amended to read:

16         514.011  Definitions.--As used in this chapter:

17         (4)  "Public bathing place" means a body of water,

18  natural or modified by humans, for swimming, diving, and

19  recreational bathing, together with adjacent shoreline or land

20  area, buildings, equipment, and appurtenances pertaining

21  thereto, used by consent of the owner or owners and held out

22  to the public by any person or public body, irrespective of

23  whether a fee is charged for the use thereof.  The bathing

24  water areas of public bathing places include, but are not

25  limited to, lakes, ponds, rivers, streams, and artificial

26  impoundments, and waters along the coastal and intracoastal

27  beaches and shores of the state.

28         Section 2.  Section 514.023, Florida Statutes, is

29  created to read:

30         514.023  Sampling of beach waters; health advisories.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4137

    123-168-98






  1         (1)  The department is authorized to adopt and enforce

  2  rules to protect the health, safety, and welfare of persons

  3  using the beach waters of the state. The rules shall establish

  4  health standards and prescribe procedures and timeframes for

  5  bacteriological sampling of beach waters.

  6         (2)  The department may issue health advisories if the

  7  quality of beach waters fails to meet standards established by

  8  the department. The issuance of health advisories related to

  9  the results of bacteriological sampling of beach waters is

10  hereby preempted to the state.

11         (3)  For purposes of this section, "beach waters" means

12  the waters along the coastal and intracoastal beaches and

13  shores of the state, and includes saltwater and brackish

14  water.

15         Section 3.  This act shall take effect upon becoming a

16  law.

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18            *****************************************

19                          HOUSE SUMMARY

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      Modifies the definition of "public bathing place," in
21    provisions authorizing regulation of such places by the
      Department of Health, to include the waters along the
22    coastal and intracoastal beaches and shores of the state.
      Authorizes the department to sample such waters and to
23    issue health advisories if such waters fail to meet
      health standards developed by the department. Preempts to
24    the state the issuance of such health advisories.

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