House Bill hb1591c1

    Florida House of Representatives - 2002             CS/HB 1591

        By the Committee on Tourism and Representative Maygarden






  1                      A bill to be entitled

  2         An act relating to placement of uniform warning

  3         and safety flags on public beaches; creating s.

  4         380.276, F.S.; providing for a cooperative

  5         effort among state agencies and local

  6         governments to plan for and assist in the

  7         display of uniform warning and safety flags and

  8         the placement of specified uniform notification

  9         signs; providing that the Department of

10         Community Affairs shall direct and coordinate a

11         program for the display and placement of such

12         flags and signs; providing for the development

13         of the program; providing program components

14         and requirements; authorizing the department to

15         coordinate the implementation of the program

16         with specified entities; providing for rules;

17         limiting the liability of participating

18         governmental entities; providing an effective

19         date.

20

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

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23         Section 1.  Section 380.276, Florida Statutes, is

24  created to read:

25         380.276  Beaches and coastal areas; display of uniform

26  warning and safety flags on public beaches; placement of

27  uniform notification signs.--

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

29  cooperative effort among state agencies and local governments

30  be undertaken to plan for and assist in the display of uniform

31  warning and safety flags, and the placement of uniform

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    Florida House of Representatives - 2002             CS/HB 1591

    177-271-02






  1  notification signs that provide the meaning of such warning

  2  and safety flags, on the public beaches along the coast of the

  3  state.  Because the varying natural conditions of Florida's

  4  public beaches and coastal areas pose significant risks to the

  5  safety of tourists and the general public, it is important to

  6  inform the public of the need to exercise caution.

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

  8  Florida Coastal Management Program, shall direct and

  9  coordinate the uniform warning and safety flag program. The

10  purpose of the program shall be to encourage the display of

11  uniform warning and safety flags at all public beaches along

12  the coast of the state at which warning and safety flags are

13  displayed and lifeguards are on duty, and to encourage the

14  placement of uniform notification signs that provide the

15  meaning of such flags.

16         (3)  The Department of Community Affairs shall develop

17  a program for the display of uniform warning and safety flags

18  at all public beaches along the coast of the state at which

19  warning and safety flags are displayed and lifeguards are on

20  duty, and for the placement of uniform notification signs that

21  provide the meaning of the flags displayed.  Such a program

22  shall provide:

23         (a)  For posted notification of the meaning of each of

24  the warning and safety flags at all designated public access

25  points.

26         (b)  That uniform notification signs be posted in a

27  conspicuous location and be clearly legible.

28         (c)  A standard size, shape, color, and definition for

29  each warning and safety flag.

30         (d)  That flags incorporate a numerical designation to

31  accommodate persons who are colorblind.

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    Florida House of Representatives - 2002             CS/HB 1591

    177-271-02






  1         (e)  That flags not specifically defined by the

  2  department must be identified by the entity displaying the

  3  flags in the posted notification.

  4         (f)  Guidelines for the periodic replacement of flags.

  5         (4)  The Department of Community Affairs is authorized,

  6  within the limits of appropriations available to it for such

  7  purposes, to establish and operate a program to encourage the

  8  display of uniform warning and safety flags on all public

  9  beaches along the coast of the state and to encourage the

10  placement of uniform notification signs that provide the

11  meaning of the flags displayed.  The department shall

12  coordinate the implementation of the uniform warning and

13  safety flag program with local governing bodies and the

14  Florida Beach Patrol Chiefs Association.

15         (5)  The Department of Community Affairs may adopt

16  rules pursuant to ss. 120.536(1) and 120.54 necessary to

17  administer this section.

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

19  local government agencies may not be held liable for any

20  injury caused by the reasonable placement or location of

21  uniform warning and safety flags or reasonably posted uniform

22  notification signs or the failure to install uniform warning

23  and safety flags or posted uniform notification signs as

24  provided by this section.

25         Section 2.  This act shall take effect July 1, 2002.

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