Senate Bill sb2426

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    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:

22  

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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    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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    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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    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  

15            *****************************************

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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