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