| 1 | The Environmental Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to beach safety; amending s. 380.276, |
| 7 | F.S.; revising the provisions for the placement of uniform |
| 8 | warning and safety flags at public beaches; prohibiting |
| 9 | the display of flags not specifically developed by the |
| 10 | Department of Environmental Protection; revising liability |
| 11 | provisions; authorizing the department to develop and |
| 12 | distribute information and materials related to beach |
| 13 | safety; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 380.276, Florida Statutes, is amended |
| 18 | to read: |
| 19 | 380.276 Beaches and coastal areas; display of uniform |
| 20 | warning and safety flags at on public beaches; placement of |
| 21 | uniform notification signs; beach safety education.-- |
| 22 | (1) It is the intent of the Legislature that a cooperative |
| 23 | effort among state agencies and local governments be undertaken |
| 24 | to plan for and assist in the display of uniform warning and |
| 25 | safety flags, and the placement of uniform notification signs |
| 26 | that provide the meaning of such warning and safety flags, at on |
| 27 | the public beaches along the coast of the state. Because the |
| 28 | varying natural conditions of Florida's public beaches and |
| 29 | coastal areas pose significant risks to the safety of tourists |
| 30 | and the general public, it is important to inform the public of |
| 31 | the need to exercise caution. |
| 32 | (2) The Department of Environmental Protection, through |
| 33 | the Florida Coastal Management Program, shall direct and |
| 34 | coordinate the uniform warning and safety flag program. The |
| 35 | purpose of the program shall be to encourage the display of |
| 36 | uniform warning and safety flags at all public beaches along the |
| 37 | coast of the state at which warning and safety flags are |
| 38 | displayed and lifeguards are on duty, and to encourage the |
| 39 | placement of uniform notification signs that provide the meaning |
| 40 | of such flags. Only warning and safety flags developed by the |
| 41 | department shall be displayed. Participation in the program |
| 42 | shall be open to any government having jurisdiction over a |
| 43 | public beach along the coast, whether or not the beach has |
| 44 | lifeguards. |
| 45 | (3) The Department of Environmental Protection shall |
| 46 | develop a program for the display of uniform warning and safety |
| 47 | flags at all public beaches along the coast of the state at |
| 48 | which warning and safety flags are displayed and lifeguards are |
| 49 | on duty, and for the placement of uniform notification signs |
| 50 | that provide the meaning of the flags displayed. Such a program |
| 51 | shall provide: |
| 52 | (a) For posted notification of the meaning of each of the |
| 53 | warning and safety flags at all designated public access points. |
| 54 | (b) That uniform notification signs be posted in a |
| 55 | conspicuous location and be clearly legible. |
| 56 | (c) A standard size, shape, color, and definition for each |
| 57 | warning and safety flag. |
| 58 | (d) That flags incorporate a numerical designation to |
| 59 | accommodate persons who are colorblind. |
| 60 | (e) That flags not specifically defined by the department |
| 61 | must be identified by the entity displaying the flags in the |
| 62 | posted notification. |
| 63 | (f) Guidelines for the periodic replacement of flags. |
| 64 | (4) The Department of Environmental Protection is |
| 65 | authorized, within the limits of appropriations or grants |
| 66 | available to it for such purposes, to establish and operate a |
| 67 | program to encourage the display of uniform warning and safety |
| 68 | flags at on all public beaches along the coast of the state and |
| 69 | to encourage the placement of uniform notification signs that |
| 70 | provide the meaning of the flags displayed. The department shall |
| 71 | coordinate the implementation of the uniform warning and safety |
| 72 | flag program with local governing bodies and the Florida Beach |
| 73 | Patrol Chiefs Association. |
| 74 | (5) The Department of Environmental Protection may adopt |
| 75 | rules pursuant to ss. 120.536(1) and 120.54 necessary to |
| 76 | administer this section. |
| 77 | (6) Due to the inherent danger of constantly changing surf |
| 78 | conditions along Florida's coast, the state, state agencies, |
| 79 | local and regional government entities or authorities, and their |
| 80 | individual employees and agents governments, and local |
| 81 | government agencies may not be held liable for any injury or |
| 82 | loss of life caused by changing surf conditions along the |
| 83 | coastal areas, whether or not uniform warning and safety flags |
| 84 | or notification signs developed by the department are displayed |
| 85 | or posted the reasonable placement or location of uniform |
| 86 | warning and safety flags or reasonably posted uniform |
| 87 | notification signs or the failure to install uniform warning and |
| 88 | safety flags or posted uniform notification signs as provided by |
| 89 | this section. |
| 90 | (7) The Department of Environmental Protection, through |
| 91 | the Florida Coastal Management Program, may also develop and |
| 92 | make available to the public other educational information and |
| 93 | materials related to beach safety. |
| 94 | Section 2. This act shall take effect July 1, 2005. |