Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 338
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Health Policy (Berman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 514.023, Florida Statutes, is amended to
    6  read:
    7         514.023 Sampling of beach waters; and public bathing
    8  places; health advisories; signage.—
    9         (1) As used in this section, the term “beach waters” means
   10  the waters along the coastal and intracoastal beaches and shores
   11  of this the state, and includes salt water and brackish water.
   12         (2) The department shall may adopt and enforce rules to
   13  protect the health, safety, and welfare of persons using the
   14  beach waters and public bathing places of this the state. The
   15  rules must establish health standards and prescribe procedures
   16  and timeframes for bacteriological sampling of beach waters and
   17  public bathing places. At a minimum, the rules must require
   18  owners of beach waters and public bathing places to both notify
   19  the department and resample the water within 24 hours after a
   20  test result indicates that a sample of the beach waters or
   21  public bathing place fails to meet standards established by the
   22  department.
   23         (3) The department shall, within 24 hours or the next
   24  business day, whichever occurs first, may issue health
   25  advisories if the quality of beach waters or a public bathing
   26  place fails to meet standards established by the department and
   27  shall require closure of beach waters and public bathing places
   28  that fail to meet the department’s standards if it deems closure
   29  is necessary to protect the health, safety, and welfare of the
   30  public. Closures must remain in effect until the quality of the
   31  beach waters or public bathing place is restored in accordance
   32  with the department’s standards and until the department has
   33  removed any related health advisories that it issued. The
   34  issuance of health advisories related to the results of
   35  bacteriological sampling of beach waters and public bathing
   36  places is preempted to the state.
   37         (4)(a) When the department issues a health advisory against
   38  swimming in beach waters or a public bathing place on the basis
   39  of finding elevated levels of fecal coliform, Escherichia coli,
   40  or enterococci bacteria in a water sample, the department shall,
   41  within 24 hours or the next business day, whichever occurs
   42  first, concurrently notify the municipality or county in which
   43  the affected beach waters or public bathing place is are
   44  located, whichever has jurisdiction, and the local office of the
   45  Department of Environmental Protection, and the local affiliates
   46  of national television networks in the affected area of the
   47  advisory.
   48         (b)Municipalities and counties shall, within 24 hours or
   49  the next business day, whichever occurs first, notify the
   50  department of any incident that negatively impacts the quality
   51  of beach waters or public bathing places within their respective
   52  jurisdictions. Owners of public boat docks, marinas, and piers
   53  shall, within 24 hours or the next business day, whichever
   54  occurs first, notify the jurisdictional municipality or county
   55  of any incident that negatively impacts the quality of beach
   56  waters in which the dock, marina, or pier is located.
   57         (c) The local office of the Department of Environmental
   58  Protection shall promptly investigate wastewater treatment
   59  facilities within 1 mile of the affected beach waters or public
   60  bathing place to determine if a facility experienced an incident
   61  that may have contributed to the contamination and provide the
   62  results of the investigation in writing or by electronic means
   63  to the municipality or county, as applicable.
   64         (d)The department shall adopt by rule a sign that must be
   65  used when it issues a health advisory against swimming in
   66  affected beach waters or public bathing places due to elevated
   67  levels of fecal coliform, Escherichia coli, or enterococci
   68  bacteria in the water. The department shall require that the
   69  health advisory sign be no less than 20 inches by 20 inches in
   70  diameter and posted at beach access points and in conspicuous
   71  areas around affected beach waters and public bathing places
   72  until subsequent testing of the water demonstrates that the
   73  bacteria levels meet the standards established by the
   74  department.
   75         (e)Municipalities and counties are responsible for posting
   76  and maintaining health advisory signs as described in paragraph
   77  (d) around affected beach waters and public bathing places owned
   78  by them. The Department of Environmental Protection is
   79  responsible for posting and maintaining health advisory signs
   80  around affected beach waters and public bathing places owned by
   81  the state. The department shall coordinate with the Department
   82  of Environmental Protection and the Fish and Wildlife
   83  Conservation Commission as necessary to implement the signage
   84  requirements of this subsection. Such signage must be posted and
   85  maintained in compliance with this subsection until the health
   86  advisory is no longer in effect.
   87         Section 2. This act shall take effect July 1, 2024.
   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 sampling of beach waters and public
   95         bathing spaces; amending s. 514.023, F.S.; requiring,
   96         rather than authorizing, the Department of Health to
   97         adopt and enforce certain rules; revising requirements
   98         for such rules; requiring, rather than authorizing,
   99         the department to issue certain health advisories
  100         within a specified timeframe; directing the department
  101         to require closure of beach waters and public bathing
  102         places under certain circumstances; requiring that
  103         such closures remain in effect for a specified period;
  104         preempting the issuance of certain health advisories
  105         for public bathing places to the state; specifying a
  106         timeframe within which the department must notify the
  107         municipality or county, the local office of the
  108         Department of Environmental Protection, and the local
  109         affiliates of national television networks of areas
  110         affected by a health advisory against swimming issued
  111         by the department; requiring municipalities and
  112         counties to notify the department of certain incidents
  113         within a specified timeframe; requiring owners of
  114         public boat docks, marinas, and piers to notify the
  115         jurisdictional municipality or county of certain
  116         incidents within a specified timeframe; requiring the
  117         department to adopt by rule a health advisory sign;
  118         providing requirements for such sign; providing that
  119         municipalities and counties are responsible for
  120         posting and maintaining such signs around certain
  121         affected beach waters and public bathing places;
  122         providing that the Department of Environmental
  123         Protection is responsible for posting and maintaining
  124         such signs around certain affected beach waters and
  125         public bathing places; requiring the Department of
  126         Health to coordinate with the Department of
  127         Environmental Protection and the Fish and Wildlife
  128         Conservation Commission to implement signage
  129         requirements; providing an effective date.