Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 144
Barcode 252812
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/24/2009 .
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The Committee on Environmental Preservation and Conservation
(Rich) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 380.276, Florida Statutes, is amended to
6 read:
7 380.276 Beaches and coastal areas; display of uniform
8 warning and safety flags at public beaches; placement of uniform
9 notification signs; beach safety education.—
10 (1) It is the intent of the Legislature that a cooperative
11 effort among state agencies and local governments be undertaken
12 to plan for and assist in the display of uniform warning and
13 safety flags, and the placement of uniform notification signs
14 that provide the meaning of such warning and safety flags, at
15 public beaches along the coast of the state. Because the varying
16 natural conditions of Florida’s public beaches and coastal areas
17 pose significant risks to the safety of tourists and the general
18 public, it is important to inform the public of the need to
19 exercise caution.
20 (2) As used in this section, the term “beach” means any
21 sandy shoreline fronting on the Atlantic Ocean, the Gulf of
22 Mexico, or Straits of Florida that is laterally transversed or
23 customarily used by the public.
24 (3)(2) The Department of Environmental Protection, through
25 the Florida Coastal Management Program, shall direct and
26 coordinate the uniform warning and safety flag program. The
27 purpose of the program shall be to encourage the display of
28 uniform warning and safety flags at public beaches along the
29 coast of the state and to encourage the placement of uniform
30 notification signs that provide the meaning of such flags. Only
31 warning and safety flags developed by the department shall be
32 displayed. Participation in the program is strongly encouraged
33 by all governments having a beach as defined in subsection (2),
34 to display, at a minimum, the uniform notification signs that
35 provide the meaning of such warnings and safety flags. It should
36 be the department’s goal to have 100 percent of beaches
37 participate in the Florida Coastal Management Program and
38 display the uniform notification signs that provide the meaning
39 of such warnings and the accompanying flags. Participation in
40 the program shall be open to any entity having jurisdiction over
41 a beach as defined in subsection(2), whether or not they have
42 lifeguards shall be open to any government having jurisdiction
43 over a public beach along the coast, whether or not the beach
44 has lifeguards.
45 (4)(3) The Department of Environmental Protection shall
46 develop a program for the display of uniform warning and safety
47 flags at public beaches along the coast of the state and for the
48 placement of uniform notification signs that provide the meaning
49 of the flags displayed. Such a program shall provide:
50 (a) For posted notification of the meaning of each of the
51 warning and safety flags at all designated beach public access
52 points.
53 (b) That uniform notification signs be posted in a
54 conspicuous location and be clearly legible.
55 (c) A standard size, shape, color, and definition for each
56 warning and safety flag.
57 (5)(4) The Department of Environmental Protection may is
58 authorized, within the limits of appropriations or grants
59 available to it for such purposes, to establish and operate a
60 program to encourage the display of uniform warning and safety
61 flags at public beaches along the coast of the state and to
62 encourage the placement of uniform notification signs that
63 provide the meaning of the flags displayed. The department shall
64 coordinate the implementation of the uniform warning and safety
65 flag program with local governing bodies and the Florida Beach
66 Patrol Chiefs Association. In awarding funds the department
67 shall first fund all requests from local governments. If funds
68 remain the department shall fund these on a first-come, first
69 served basis.
70 (6)(5) The Department of Environmental Protection may adopt
71 rules pursuant to ss. 120.536(1) and 120.54 necessary to
72 administer this section.
73 (7)(6) Due to the inherent danger of constantly changing
74 surf and other naturally occurring conditions along Florida’s
75 coast, the state, state agencies, local and regional government
76 entities or authorities, and their individual employees and
77 agents, are shall not be held liable for any injury or loss of
78 life caused by changing surf and other naturally occurring
79 conditions along coastal areas, whether or not uniform warning
80 and safety flags or notification signs developed by the
81 department are displayed or posted.
82 (8)(7) The Department of Environmental Protection, through
83 the Florida Coastal Management Program, may also develop and
84 make available to the public other educational information and
85 materials related to beach safety.
86 Section 2. This act shall take effect July 1, 2009.
87
88
89 ================= T I T L E A M E N D M E N T ================
90 And the title is amended as follows:
91 Delete everything before the enacting clause
92 and insert:
93 A bill to be entitled
94 An act relating to beach safety; amending s. 380.276, F.S.;
95 expanding the beach safety program administered by the
96 Department of Environmental Protection to apply to all beaches;
97 providing an effective date.