Senate Bill sb2426c1

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    Florida Senate - 2005                           CS for SB 2426

    By the Committee on Environmental Preservation; and Senator
    Clary




    592-1990-05

  1                      A bill to be entitled

  2         An act relating to beach safety; amending s.

  3         380.276, F.S.; revising the provisions for the

  4         placement of uniform warning and safety flags

  5         at public beaches; prohibiting the display of

  6         flags not specifically developed by the

  7         Department of Environmental Protection;

  8         revising liability provisions; authorizing the

  9         department to develop and distribute

10         information and materials related to beach

11         safety; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 380.276, Florida Statutes, is

16  amended to read:

17         380.276  Beaches and coastal areas; display of uniform

18  warning and safety flags at on public beaches; placement of

19  uniform notification signs; beach safety education.--

20         (1)  It is the intent of the Legislature that a

21  cooperative effort among state agencies and local governments

22  be undertaken to plan for and assist in the display of uniform

23  warning and safety flags, and the placement of uniform

24  notification signs that provide the meaning of such warning

25  and safety flags, at on the public beaches along the coast of

26  the state. Because the varying natural conditions of Florida's

27  public beaches and coastal areas pose significant risks to the

28  safety of tourists and the general public, it is important to

29  inform the public of the need to exercise caution.

30         (2)  The Department of Environmental Protection,

31  through the Florida Coastal Management Program, shall direct

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    Florida Senate - 2005                           CS for SB 2426
    592-1990-05




 1  and coordinate the uniform warning and safety flag program.

 2  The purpose of the program shall be to encourage the display

 3  of uniform warning and safety flags at all public beaches

 4  along the coast of the state at which warning and safety flags

 5  are displayed and lifeguards are on duty, and to encourage the

 6  placement of uniform notification signs that provide the

 7  meaning of such flags. Only warning and safety flags developed

 8  by the department shall be displayed. Participation in the

 9  program shall be open to any government having jurisdiction

10  over a public beach along the coast, whether or not the beach

11  has lifeguards.

12         (3)  The Department of Environmental Protection shall

13  develop a program for the display of uniform warning and

14  safety flags at all public beaches along the coast of the

15  state at which warning and safety flags are displayed and

16  lifeguards are on duty, and for the placement of uniform

17  notification signs that provide the meaning of the flags

18  displayed. Such a program shall provide:

19         (a)  For posted notification of the meaning of each of

20  the warning and safety flags at all designated public access

21  points.

22         (b)  That uniform notification signs be posted in a

23  conspicuous location and be clearly legible.

24         (c)  A standard size, shape, color, and definition for

25  each warning and safety flag.

26         (d)  That flags incorporate a numerical designation to

27  accommodate persons who are colorblind.

28         (e)  That flags not specifically defined by the

29  department must be identified by the entity displaying the

30  flags in the posted notification.

31         (f)  Guidelines for the periodic replacement of flags.

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    Florida Senate - 2005                           CS for SB 2426
    592-1990-05




 1         (4)  The Department of Environmental Protection is

 2  authorized, within the limits of appropriations or grants

 3  available to it for such purposes, to establish and operate a

 4  program to encourage the display of uniform warning and safety

 5  flags at on all public beaches along the coast of the state

 6  and to encourage the placement of uniform notification signs

 7  that provide the meaning of the flags displayed. The

 8  department shall coordinate the implementation of the uniform

 9  warning and safety flag program with local governing bodies

10  and the Florida Beach Patrol Chiefs Association.

11         (5)  The Department of Environmental Protection may

12  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to

13  administer this section.

14         (6)  Due to the inherent danger of constantly changing

15  surf conditions along Florida's coast, the state, state

16  agencies, local and regional government entities or

17  authorities, and their individual employees and agents

18  governments, and local government agencies may not be held

19  liable for any injury or loss of life caused by changing surf

20  conditions along the coastal areas, whether or not uniform

21  warning and safety flags or notification signs developed by

22  the department are displayed or posted the reasonable

23  placement or location of uniform warning and safety flags or

24  reasonably posted uniform notification signs or the failure to

25  install uniform warning and safety flags or posted uniform

26  notification signs as provided by this section.

27         (7)  The Department of Environmental Protection,

28  through the Florida Coastal Management Program, may also

29  develop and make available to the public other educational

30  information and materials related to beach safety.

31         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                           CS for SB 2426
    592-1990-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2426

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 4  The committee substitute makes a number of style and technical
    changes to conform to CS/HB 1395.
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