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.