| 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 by |
| 4 | the Department of Environmental Protection to apply to |
| 5 | certain private beaches; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 380.276, Florida Statutes, is amended |
| 10 | to read: |
| 11 | 380.276 Beaches and coastal areas; display of uniform |
| 12 | warning and safety flags at public beaches used by the public; |
| 13 | placement of uniform notification signs; beach safety |
| 14 | 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 |
| 66 | adopt 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. |