Florida Senate - 2009                                    SB 1296
       
       
       
       By Senator Bennett
       
       
       
       
       21-00679-09                                           20091296__
    1                        A bill to be entitled                      
    2         An act relating to beach water contamination; amending
    3         s. 514.011, F.S.; defining the term “beach waters”;
    4         amending s. 514.023, F.S.; requiring the Department of
    5         Health to notify the local government and the local
    6         office of the Department of Environmental Protection
    7         when it issues a health advisory against swimming in
    8         beach waters due to elevated levels of bacteria;
    9         requiring the Department of Environmental Protection
   10         to promptly investigate wastewater treatment
   11         facilities within a certain distance of the beach and
   12         notify the local government of the results of such
   13         investigation; amending s. 515.25, F.S.; conforming a
   14         cross-reference; providing an effective date.
   15         
   16  Be It Enacted by the Legislature of the State of Florida:
   17         
   18         Section 1. Present subsections (1) through (5) of section
   19  514.011, Florida Statutes, are redesignated as subsections (2)
   20  through (6) respectively, and a new subsection (1) is added to
   21  that section to read:
   22         514.011 Definitions.—As used in this chapter:
   23         (1)“Beach waters” means the waters along the coastal and
   24  intracoastal beaches and shores of the state and includes salt
   25  water and brackish water.
   26         Section 2. Section 514.023, Florida Statutes, is amended to
   27  read:
   28         514.023 Sampling of beach waters; health advisories.—
   29         (1) The department may adopt and enforce rules to protect
   30  the health, safety, and welfare of persons using the beach
   31  waters of the state. The rules must establish health standards
   32  and prescribe procedures and timeframes for the bacteriological
   33  sampling of beach waters.
   34         (2) The department may issue health advisories if the
   35  quality of beach waters fails to meet standards established by
   36  the department. The issuance of health advisories related to the
   37  results of bacteriological sampling of beach waters is preempted
   38  to the state. If the department issues a health advisory against
   39  swimming in beach waters due to finding elevated levels of fecal
   40  coliform or enterococci bacteria in a water sample, the
   41  department shall contemporaneously notify the appropriate local
   42  government and the local office of the Department of
   43  Environmental Protection, which shall promptly investigate
   44  wastewater treatment facilities within 1 mile of the affected
   45  beach to determine if a facility experienced an incident that
   46  may have contributed to the contamination. Upon completion, the
   47  Department of Environmental Protection shall notify the
   48  appropriate local government in writing or by electronic
   49  correspondence of the results of its investigation.
   50         (3)For purposes of this section, the term “beach waters”
   51  means the waters along the coastal and intracoastal beaches and
   52  shores of the state, and includes salt water and brackish water.
   53         (3)(4) Contingent upon legislative appropriation to the
   54  department in the amount of $600,000 of nonrecurring revenue,
   55  the department shall will perform a 3-year study to determine
   56  the water quality at beaches throughout the state. The study
   57  shall will be performed in all counties that have public-access
   58  saltwater and brackish water beaches.
   59         Section 3. Subsection (9) of section 515.25, Florida
   60  Statutes, is amended to read:
   61         515.25 Definitions.—As used in this chapter, the term:
   62         (9) “Public swimming pool” has the same meaning as in s.
   63  514.011 and means a swimming pool that, as defined in s.
   64  514.011(2), which is operated, with or without charge, for the
   65  use of the general public; however, the term does not include a
   66  swimming pool located on the grounds of a private residence.
   67         Section 4. This act shall take effect July 1, 2009.