1 | The State Resources Council recommends the following: |
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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: |
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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 | and other naturally occurring conditions along Florida's coast, |
79 | the state, state agencies, local and regional government |
80 | entities or authorities, and their individual employees and |
81 | agents, shall governments, and local government agencies may not |
82 | be held liable for any injury or loss of life caused by changing |
83 | surf and other naturally occurring conditions along coastal |
84 | areas, whether or not uniform warning and safety flags or |
85 | notification signs developed by the department are displayed or |
86 | posted the reasonable placement or location of uniform warning |
87 | and safety flags or reasonably posted uniform notification signs |
88 | or the failure to install uniform warning and safety flags or |
89 | posted uniform notification signs as provided by 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. |