Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2426
Barcode 550614
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Alexander)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 380.276, Florida Statutes, is
19 amended to read:
20 380.276 Beaches and coastal areas; display of uniform
21 warning and safety flags at on public beaches; placement of
22 uniform notification signs; beach safety education.--
23 (1) It is the intent of the Legislature that a
24 cooperative effort among state agencies and local governments
25 be undertaken to plan for and assist in the display of uniform
26 warning and safety flags, and the placement of uniform
27 notification signs that provide the meaning of such warning
28 and safety flags, at on the public beaches along the coast of
29 the state. Because the varying natural conditions of Florida's
30 public beaches and coastal areas pose significant risks to the
31 safety of tourists and the general public, it is important to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2426
Barcode 550614
1 inform the public of the need to exercise caution.
2 (2) The Department of Environmental Protection,
3 through the Florida Coastal Management Program, shall direct
4 and coordinate the uniform warning and safety flag program.
5 The purpose of the program shall be to encourage the display
6 of uniform warning and safety flags at all public beaches
7 along the coast of the state at which warning and safety flags
8 are displayed and lifeguards are on duty, and to encourage the
9 placement of uniform notification signs that provide the
10 meaning of such flags. Only warning and safety flags developed
11 by the department shall be displayed. Participation in the
12 program shall be open to any government having jurisdiction
13 over a public beach along the coast, whether or not the beach
14 has lifeguards.
15 (3) The Department of Environmental Protection shall
16 develop a program for the display of uniform warning and
17 safety flags at all public beaches along the coast of the
18 state at which warning and safety flags are displayed and
19 lifeguards are on duty, and for the placement of uniform
20 notification signs that provide the meaning of the flags
21 displayed. Such a program shall provide:
22 (a) For posted notification of the meaning of each of
23 the warning and safety flags at all designated public access
24 points.
25 (b) That uniform notification signs be posted in a
26 conspicuous location and be clearly legible.
27 (c) A standard size, shape, color, and definition for
28 each warning and safety flag.
29 (d) That flags incorporate a numerical designation to
30 accommodate persons who are colorblind.
31 (e) That flags not specifically defined by the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2426
Barcode 550614
1 department must be identified by the entity displaying the
2 flags in the posted notification.
3 (f) Guidelines for the periodic replacement of flags.
4 (4) The Department of Environmental Protection is
5 authorized, within the limits of appropriations or grants
6 available to it for such purposes, to establish and operate a
7 program to encourage the display of uniform warning and safety
8 flags at on all public beaches along the coast of the state
9 and to encourage the placement of uniform notification signs
10 that provide the meaning of the flags displayed. The
11 department shall coordinate the implementation of the uniform
12 warning and safety flag program with local governing bodies
13 and the Florida Beach Patrol Chiefs Association.
14 (5) The Department of Environmental Protection may
15 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
16 administer this section.
17 (6) Due to the inherent danger of constantly changing
18 surf conditions along Florida's coast, the state, state
19 agencies, local and regional government entities or
20 authorities, and their individual employees and agents
21 governments, and local government agencies may not be held
22 liable for any injury or loss of life caused by changing surf
23 conditions along the coastal areas, whether or not uniform
24 warning and safety flags or notification signs developed by
25 the department are displayed or posted the reasonable
26 placement or location of uniform warning and safety flags or
27 reasonably posted uniform notification signs or the failure to
28 install uniform warning and safety flags or posted uniform
29 notification signs as provided by this section.
30 (7) The Department of Environmental Protection,
31 through the Florida Coastal Management Program, may also
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2426
Barcode 550614
1 develop and make available to the public other educational
2 information and materials related to beach safety.
3 Section 2. This act shall take effect July 1, 2005.
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7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to beach safety; amending s.
13 380.276, F.S.; revising the provisions for the
14 placement of uniform warning and safety flags
15 at public beaches; prohibiting the display of
16 flags not specifically developed by the
17 Department of Environmental Protection;
18 revising liability provisions; authorizing the
19 department to develop and distribute
20 information and materials related to beach
21 safety; providing an effective date.
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