House Bill hb1065

    Florida House of Representatives - 2001                HB 1065

        By Representative Needelman






  1                      A bill to be entitled

  2         An act relating to the placement of rip current

  3         warning signs; creating s. 380.275, F.S.;

  4         providing for a cooperative effort among state

  5         agencies and local governments to plan for and

  6         assist in the placement of rip current warning

  7         signs; providing that the Department of

  8         Community Affairs shall direct and coordinate

  9         the program; requiring the development of a

10         uniform rip current warning sign; authorizing

11         the department to coordinate the location,

12         distribution, and erection of rip current

13         warning signs; providing for rules; limiting

14         the liability of participating governmental

15         entities; providing for the responsibilities of

16         governmental entities; providing an effective

17         date.

18

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

20

21         Section 1.  Section 380.275, Florida Statutes, is

22  created to read:

23         380.275  Beaches and coastal areas; posting of rip

24  current warning signs.--

25         (1)  It is the intent of the Legislature that a

26  cooperative effort among state agencies and local governments

27  be developed to plan for and assist in the placement of rip

28  current warning signs along the public beaches and coastal

29  areas of the state.  A rip current is a strong surface current

30  of water flowing out past the surf zone which can pull even

31  the strongest swimmer into deeper water.  Rip currents pose a

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






    Florida House of Representatives - 2001                HB 1065

    785-105-01






  1  significant danger of drowning to tourists and the public, and

  2  it is therefore important to warn the public to be cautious in

  3  coastal areas where rip currents can occur.

  4         (2)  The Department of Community Affairs, through the

  5  Florida Coastal Management Program, shall direct and

  6  coordinate the rip current warning sign program, which shall

  7  be a program to require the placement of rip current warning

  8  signs in areas that pose a significant risk to the public as a

  9  result of rip currents.  Signs shall be located where the

10  local government entity has established an access way to a

11  beach or coastal area.

12         (3)  The department shall develop a uniform rip current

13  warning sign for use at any public beach or along any coastal

14  area where there may be a significant threat to the public as

15  a result of rip currents, to be placed, insofar as is

16  practicable, wherever the local government entity has

17  established access ways to the beach.

18         (4)  The department shall, within the limits of

19  appropriations available to it for such purposes, establish

20  and operate a program to fund the placement of rip current

21  warning signs in areas where the local government entity has

22  established an access way to a beach or coastal area that may

23  be subject to a significant threat of dangerous rip currents

24  and therefore may pose a hazard to the public.  The department

25  shall coordinate efforts to determine the locations that local

26  governments consider appropriate for placement of rip current

27  warning signs.  For these locations, the department shall make

28  rip current warning signs available to the governing body of

29  any county or municipality in such quantity as is determined

30  by the department.  The department shall also coordinate with

31  the local governing body the distribution and erection of rip

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    Florida House of Representatives - 2001                HB 1065

    785-105-01






  1  current warning signs, wherever there is a request for such

  2  assistance.

  3         (5)  The department may adopt such rules and forms as

  4  are necessary to carry out the purposes of this section and to

  5  ensure that all projects to which assistance is rendered under

  6  this section are for the purpose of providing and erecting rip

  7  current warning signs.

  8         (6)  The state, state agencies, local governments, and

  9  local government agencies shall not be held liable for any

10  injury caused by the placement or maintenance of rip current

11  warning signs or the failure to install or maintain rip

12  current signs as provided by this section.

13         (7)  This section is not intended to relieve a

14  governmental entity of any responsibility imposed by other

15  provisions of law with regard to the posting of rip current

16  warning signs other than those covered by this section.

17         Section 2.  This act shall take effect October 1, 2001.

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19            *****************************************

20                          SENATE SUMMARY

21
      Provides for a cooperative effort among state agencies
22    and local governments to plan for and assist in the
      placement of rip current warning signs, under the
23    direction of the Department of Community Affairs.
      Requires the development of a uniform rip current warning
24    sign and authorizes the department to coordinate the
      location, distribution, and erection of such signs.
25    Limits the liability of participating governmental
      entities.
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CODING: Words stricken are deletions; words underlined are additions.