Florida Senate - 2009                                     SB 144
       
       
       
       By Senator Bullard
       
       
       
       
       39-00247-09                                            2009144__
    1                        A bill to be entitled                      
    2         An act relating to beach safety; amending s. 380.276,
    3         F.S.; expanding the beach safety program administered
    4         by the Department of Environmental Protection to apply
    5         to certain private beaches; providing an effective
    6         date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Section 380.276, Florida Statutes, is amended to
   11  read:
   12         380.276 Beaches and coastal areas; display of uniform
   13  warning and safety flags at public beaches; placement of uniform
   14  notification signs; beach safety education.—
   15         (1) It is the intent of the Legislature that a cooperative
   16  effort among state agencies and local governments be undertaken
   17  to plan for and assist in the display of uniform warning and
   18  safety flags, and the placement of uniform notification signs
   19  that provide the meaning of such warning and safety flags, at
   20  public beaches along the coast of the state. Because the varying
   21  natural conditions of Florida's public beaches and coastal areas
   22  pose significant risks to the safety of tourists and the general
   23  public, it is important to inform the public of the need to
   24  exercise caution.
   25         (2)As used in this section, the term “beach” means any
   26  public beach and any private beach that is owned, leased, or
   27  managed by a motel, hotel, tourist or trailer camp, apartment
   28  unit, condominium, or cooperative for the use of its guests,
   29  tenants, or owners. The term does not include a privately owned
   30  upland beach area occupied by a single-family dwelling.
   31         (3)(2) The Department of Environmental Protection, through
   32  the Florida Coastal Management Program, shall direct and
   33  coordinate the uniform warning and safety flag program. The
   34  purpose of the program shall be to encourage the display of
   35  uniform warning and safety flags at public beaches used by the
   36  public along the coast of the state and to encourage the
   37  placement of uniform notification signs that provide the meaning
   38  of such flags. Only warning and safety flags developed by the
   39  department shall be displayed. Participation in the program
   40  shall be open to any government having a sandy beach within its
   41  jurisdiction over a public beach along the coast, whether or not
   42  the beach has lifeguards.
   43         (4)(3) The Department of Environmental Protection shall
   44  develop a program for the display of uniform warning and safety
   45  flags at public beaches along the coast of the state and for the
   46  placement of uniform notification signs that provide the meaning
   47  of the flags displayed. Such a program shall provide:
   48         (a) For posted notification of the meaning of each of the
   49  warning and safety flags at all designated beach public access
   50  points.
   51         (b) That uniform notification signs be posted in a
   52  conspicuous location and be clearly legible.
   53         (c) A standard size, shape, color, and definition for each
   54  warning and safety flag.
   55         (5)(4) The Department of Environmental Protection may is
   56  authorized, within the limits of appropriations or grants
   57  available to it for such purposes, to establish and operate a
   58  program to encourage the display of uniform warning and safety
   59  flags at public beaches along the coast of the state and to
   60  encourage the placement of uniform notification signs that
   61  provide the meaning of the flags displayed. The department shall
   62  coordinate the implementation of the uniform warning and safety
   63  flag program with local governing bodies and the Florida Beach
   64  Patrol Chiefs Association.
   65         (6)(5) The Department of Environmental Protection may adopt
   66  rules pursuant to ss. 120.536(1) and 120.54 necessary to
   67  administer this section.
   68         (7)(6) Due to the inherent danger of constantly changing
   69  surf and other naturally occurring conditions along Florida's
   70  coast, the state, state agencies, local and regional government
   71  entities or authorities, and their individual employees and
   72  agents, are shall not be held liable for any injury or loss of
   73  life caused by changing surf and other naturally occurring
   74  conditions along coastal areas, whether or not uniform warning
   75  and safety flags or notification signs developed by the
   76  department are displayed or posted.
   77         (8)(7) The Department of Environmental Protection, through
   78  the Florida Coastal Management Program, may also develop and
   79  make available to the public other educational information and
   80  materials related to beach safety.
   81         Section 2. This act shall take effect July 1, 2009.