Senate Bill sb2426
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2426
By Senator Clary
4-494-05
1 A bill to be entitled
2 An act relating to beach and coastal area
3 safety; amending s. 380.276, F.S.; allowing the
4 display of only certain warning and safety
5 flags on public beaches; clarifying the
6 authority of the Department of Environmental
7 Protection over the uniform warning and safety
8 flag program; authorizing participation in the
9 program by any government having jurisdiction
10 over a public beach; removing provisions
11 setting certain flag design or replacement
12 specifications; authorizing the department to
13 use grants to establish or operate the program;
14 clarifying the limitation on liability of
15 governmental entities, or their agents or
16 employees, for injury or loss caused by posting
17 signs; authorizing the department to develop
18 and publicize beach safety information;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 380.276, Florida Statutes, is
24 amended to read:
25 380.276 Beaches and coastal areas; display of uniform
26 warning and safety flags at on public beaches; placement of
27 uniform notification signs; beach safety education.--
28 (1) It is the intent of the Legislature that a
29 cooperative effort among state agencies and local governments
30 be undertaken to plan for and assist in the display of uniform
31 warning and safety flags, and the placement of uniform
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2426
4-494-05
1 notification signs that provide the meaning of such warning
2 and safety flags, at on the public beaches along the coast of
3 the state. Because the varying natural conditions of
4 Florida's public beaches and coastal areas pose significant
5 risks to the safety of tourists and the general public, it is
6 important to inform the public of the need to exercise
7 caution.
8 (2) The Department of Environmental Protection,
9 through the Florida Coastal Management Program, shall develop,
10 direct, and coordinate the uniform warning and safety flag
11 program. The purpose of the program is shall be to encourage
12 the display of uniform warning and safety flags at all public
13 beaches along the coast of the state at which warning and
14 safety flags are displayed and lifeguards are on duty, and to
15 encourage the placement of uniform notification signs that
16 provide the meaning of such flags. Only warning and safety
17 flags that meet the specifications stated in, or developed by
18 the department pursuant to, this section may be so displayed.
19 Participation in the program shall be open to any government
20 having jurisdiction over a public beach, whether or not the
21 beach is overseen by a lifeguard.
22 (3) The uniform warning and safety flag Department of
23 Environmental Protection shall develop a program for the
24 display of uniform warning and safety flags at all public
25 beaches along the coast of the state at which warning and
26 safety flags are displayed and lifeguards are on duty, and for
27 the placement of uniform notification signs that provide the
28 meaning of the flags displayed. Such a program shall provide:
29 (a) For posted notification of the meaning of each of
30 the warning and safety flags at all designated public access
31 points.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2426
4-494-05
1 (b) That uniform notification signs be posted in a
2 conspicuous location and be clearly legible.
3 (c) A standard size, shape, color, and definition for
4 each warning and safety flag.
5 (d) That flags incorporate a numerical designation to
6 accommodate persons who are colorblind.
7 (e) That flags not specifically defined by the
8 department must be identified by the entity displaying the
9 flags in the posted notification.
10 (f) Guidelines for the periodic replacement of flags.
11 (4) The Department of Environmental Protection may is
12 authorized, within the limits of appropriations or grants
13 available to it for such purposes, to establish and operate
14 the uniform warning and safety flag program a program to
15 encourage the display of uniform warning and safety flags on
16 all public beaches along the coast of the state and to
17 encourage the placement of uniform notification signs that
18 provide the meaning of the flags displayed. The department
19 shall coordinate the implementation of the uniform warning and
20 safety flag program with local governing bodies and the
21 Florida Beach Patrol Chiefs Association.
22 (5) The Department of Environmental Protection may
23 adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary
24 to administer this section.
25 (6) Due to the inherent danger of constantly changing
26 surf conditions along the coast of this state, The state,
27 state agencies, local governments, and local, or regional
28 governmental entities or authorities, and their individual
29 employees or agents who are acting within the scope of their
30 employment or authority, government agencies may not be held
31 liable for any injury or loss of life caused by changing surf
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 2426
4-494-05
1 conditions along coastal areas where the reasonable placement
2 or location of uniform warning and safety flags or reasonably
3 posted uniform notification signs and or the failure to
4 install uniform warning and safety flags or posted uniform
5 notification signs that meet the specifications stated in, or
6 developed by the department pursuant to, this section are
7 posted as provided by this section.
8 (7) The Department of Environmental Protection,
9 through the Florida Coastal Management Program, may develop
10 and make available to the public other educational information
11 and materials related to beach safety.
12 Section 2. This act shall take effect upon becoming a
13 law.
14
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16 SENATE SUMMARY
17 Allows display of only certain warning and safety flags
on public beaches. Clarifies the authority of the
18 Department of Environmental Protection over the uniform
warning and safety flag program. Authorizes
19 participation in the program by any government having
jurisdiction over a public beach. Authorizes the use of
20 grants to establish or operate the program. Clarifies
the limitation on liability of governmental entities or
21 their agents or employees for loss or injury caused by
posted signs. Authorizes the department to develop and
22 publicize beach safety information.
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CODING: Words stricken are deletions; words underlined are additions.