Florida Senate - 2022 SB 604
By Senator Berman
31-00208D-22 2022604__
1 A bill to be entitled
2 An act relating to the Safe Waterways Act; amending s.
3 514.011, F.S.; revising the definition of the term
4 “public bathing place”; amending s. 514.023, F.S.;
5 deleting the definition of the term “beach waters”;
6 requiring, rather than authorizing, the Department of
7 Health to adopt and enforce certain rules; requiring,
8 rather than authorizing, the department to issue
9 health advisories under certain circumstances;
10 requiring the department to notify a municipality or
11 county if the department issues a health advisory
12 against swimming on the basis of elevated bacteria
13 levels in a public bathing place within the
14 municipality’s or county’s jurisdiction; requiring the
15 municipality or county to post certain signage around
16 public bathing places that have elevated levels of
17 specified bacteria; specifying requirements for the
18 signage; requiring municipalities and counties to
19 maintain the signage until subsequent testing shows
20 the water’s bacteria levels meet the department’s
21 standards again; requiring the department to monitor
22 the affected public bathing places to ensure the
23 appropriate signage is displayed; requiring the
24 department to post and maintain the appropriate
25 signage under certain circumstances; authorizing the
26 department to coordinate with the Department of
27 Environmental Protection and the Fish and Wildlife
28 Conservation Commission to implement such signage
29 requirements; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (4) of section 514.011, Florida
34 Statutes, is amended to read:
35 514.011 Definitions.—As used in this chapter:
36 (4) “Public bathing place” means a body of water, including
37 fresh water, salt water, and brackish water, that is natural or
38 modified by humans;, used for swimming, diving, and recreational
39 bathing with used by consent of the owner or owners; and held
40 out to the public by any person or public body, irrespective of
41 whether a fee is charged for the use thereof. The bathing water
42 areas of public bathing places include, but are not limited to,
43 lakes, ponds, rivers, streams, artificial impoundments, and
44 waters along the coastal and intracoastal beaches and shores of
45 this the state.
46 Section 2. Section 514.023, Florida Statutes, is amended to
47 read:
48 514.023 Sampling of beach waters; and public bathing
49 places; health advisories; signage.—
50 (1) As used in this section, the term “beach waters” means
51 the waters along the coastal and intracoastal beaches and shores
52 of the state, and includes salt water and brackish water.
53 (2) The department shall may adopt and enforce rules to
54 protect the health, safety, and welfare of persons using the
55 beach waters and public bathing places of this the state. The
56 rules must establish health standards and prescribe procedures
57 and timeframes for bacteriological sampling of beach waters and
58 public bathing places.
59 (2)(3) The department shall may issue health advisories if
60 the quality of beach waters or a public bathing place fails to
61 meet standards established by the department. The issuance of
62 health advisories related to the results of bacteriological
63 sampling of public bathing places beach waters is preempted to
64 the state.
65 (3)(a)(4) When the department issues a health advisory
66 against swimming in beach waters or a public bathing place on
67 the basis of finding elevated levels of fecal coliform,
68 Escherichia coli, or enterococci bacteria in a water sample, the
69 department shall concurrently notify the municipality or county
70 in which the affected public bathing place is beach waters are
71 located, whichever has jurisdiction, and the local office of the
72 Department of Environmental Protection, of the advisory.
73 (b) The local office of the Department of Environmental
74 Protection shall promptly investigate wastewater treatment
75 facilities within 1 mile of the affected beach waters or public
76 bathing place to determine if a facility experienced an incident
77 that may have contributed to the contamination and provide the
78 results of the investigation in writing or by electronic means
79 to the municipality or county, as applicable.
80 (c) The municipality or county in which the affected public
81 bathing place is located, whichever has jurisdiction, shall post
82 conspicuous signs, adopted by department rule, around the
83 affected areas which advise the public that the department has
84 issued a health advisory against swimming in that area due to
85 elevated levels of fecal coliform, Escherichia coli, or
86 enterococci bacteria in the water. The sign must include the
87 following language: “THIS WATER BODY HAS BEEN VERIFIED BY THE
88 FLORIDA DEPARTMENT OF HEALTH TO BE CONTAMINATED WITH FECAL
89 BACTERIA. RESTORATION IN COMPLIANCE WITH STATE WATER QUALITY
90 STANDARDS IS REQUIRED. THIS WATER BODY PRESENTS A RISK OF
91 INFECTION OR ILLNESS. AVOID SWIMMING AND USE CAUTION TO AVOID
92 INGESTING THE WATER OR EXPOSING OPEN CUTS. SECTION 514.023,
93 FLORIDA STATUTES.” The municipality or county, as applicable,
94 shall maintain the signage until subsequent testing of the water
95 shows the bacteria levels meet the department’s standards again.
96 The department shall monitor affected public bathing places to
97 ensure that signage is posted appropriately until the bacteria
98 contamination is resolved.
99 (d) If the affected public bathing place is not within the
100 jurisdiction of a municipality or county, the department must
101 post and maintain the required signage as provided in paragraph
102 (c). The department may coordinate with the Department of
103 Environmental Protection and the Fish and Wildlife Conservation
104 Commission to implement the signage requirements of this
105 paragraph.
106 Section 3. This act shall take effect July 1, 2022.