HB 1395

1
A bill to be entitled
2An act relating to beach safety; amending s. 380.276,
3F.S.; revising the provisions for the placement of uniform
4warning and safety flags at public beaches; prohibiting
5the display of flags not specifically defined by the
6Department of Environmental Protection; revising liability
7provisions; authorizing the department to develop and
8distribute information and materials related to beach
9safety; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 380.276, Florida Statutes, is amended
14to read:
15     380.276  Beaches and coastal areas; display of uniform
16warning and safety flags at on public beaches; placement of
17uniform notification signs; beach safety education.--
18     (1)  It is the intent of the Legislature that a cooperative
19effort among state agencies and local governments be undertaken
20to plan for and assist in the display of uniform warning and
21safety flags, and the placement of uniform notification signs
22that provide the meaning of such warning and safety flags, at on
23the public beaches along the coast of the state. Because the
24varying natural conditions of Florida's public beaches and
25coastal areas pose significant risks to the safety of tourists
26and the general public, it is important to inform the public of
27the need to exercise caution.
28     (2)  The Department of Environmental Protection, through
29the Florida Coastal Management Program, shall direct and
30coordinate the uniform warning and safety flag program. The
31purpose of the program shall be to encourage the display of
32uniform warning and safety flags at all public beaches along the
33coast of the state at which warning and safety flags are
34displayed and lifeguards are on duty, and to encourage the
35placement of uniform notification signs that provide the meaning
36of such flags. Warning and safety flags not specifically defined
37by the department shall not be displayed. Participation in the
38uniform warning and safety flag program shall be open to
39government entities with life-guarded and nonlife-guarded
40beaches.
41     (3)  The Department of Environmental Protection shall
42develop a program for the display of uniform warning and safety
43flags at all public beaches along the coast of the state at
44which warning and safety flags are displayed and lifeguards are
45on duty, and for the placement of uniform notification signs
46that provide the meaning of the flags displayed. Such a program
47shall provide:
48     (a)  For posted notification of the meaning of each of the
49warning and safety flags at all designated public access points.
50     (b)  That uniform notification signs be posted in a
51conspicuous location and be clearly legible.
52     (c)  A standard size, shape, color, and definition for each
53warning and safety flag.
54     (d)  That flags incorporate a numerical designation to
55accommodate persons who are colorblind.
56     (e)  That flags not specifically defined by the department
57must be identified by the entity displaying the flags in the
58posted notification.
59     (f)  Guidelines for the periodic replacement of flags.
60     (4)  The Department of Environmental Protection is
61authorized, within the limits of appropriations or grants
62available to it for such purposes, to establish and operate a
63program to encourage the display of uniform warning and safety
64flags at on all public beaches along the coast of the state and
65to encourage the placement of uniform notification signs that
66provide the meaning of the flags displayed. The department shall
67coordinate the implementation of the uniform warning and safety
68flag program with local governing bodies and the Florida Beach
69Patrol Chiefs Association.
70     (5)  The Department of Environmental Protection may adopt
71rules pursuant to ss. 120.536(1) and 120.54 necessary to
72administer this section.
73     (6)  Due to the inherent danger of constantly changing surf
74conditions along Florida's coast, the state, state agencies,
75local and regional government entities or authorities, and their
76individual employees and agents governments, and local
77government agencies may not be held liable for any injury or
78loss of life caused by changing surf conditions along the
79coastal areas where the reasonable placement or location of
80uniform warning and safety flags and or reasonably posted
81uniform notification signs are posted or the failure to install
82uniform warning and safety flags or posted uniform notification
83signs as provided by this section.
84     (7)  The Department of Environmental Protection, through
85the Florida Coastal Management Program, may also develop and
86make available to the public other educational information and
87materials related to beach safety.
88     Section 2.  This act shall take effect July 1, 2005.


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