Florida Senate - 2024                              CS for SB 338
       
       
        
       By the Committee on Health Policy; and Senators Berman and
       Rodriguez
       
       
       
       
       588-02996-24                                           2024338c1
    1                        A bill to be entitled                      
    2         An act relating to sampling of beach waters and public
    3         bathing spaces; amending s. 514.023, F.S.; requiring,
    4         rather than authorizing, the Department of Health to
    5         adopt and enforce certain rules; revising requirements
    6         for such rules; requiring, rather than authorizing,
    7         the department to issue certain health advisories
    8         within a specified timeframe; directing the department
    9         to require closure of beach waters and public bathing
   10         places under certain circumstances; requiring that
   11         such closures remain in effect for a specified period;
   12         preempting the issuance of certain health advisories
   13         for public bathing places to the state; specifying a
   14         timeframe within which the department must notify the
   15         municipality or county, the local office of the
   16         Department of Environmental Protection, and the local
   17         affiliates of national television networks of areas
   18         affected by a health advisory against swimming issued
   19         by the department; requiring municipalities and
   20         counties to notify the department of certain incidents
   21         within a specified timeframe; requiring owners of
   22         public boat docks, marinas, and piers to notify the
   23         jurisdictional municipality or county of certain
   24         incidents within a specified timeframe; requiring the
   25         department to adopt by rule a health advisory sign;
   26         providing requirements for such sign; providing that
   27         municipalities and counties are responsible for
   28         posting and maintaining such signs around certain
   29         affected beach waters and public bathing places;
   30         providing that the Department of Environmental
   31         Protection is responsible for posting and maintaining
   32         such signs around certain affected beach waters and
   33         public bathing places; requiring the Department of
   34         Health to coordinate with the Department of
   35         Environmental Protection and the Fish and Wildlife
   36         Conservation Commission to implement signage
   37         requirements; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 514.023, Florida Statutes, is amended to
   42  read:
   43         514.023 Sampling of beach waters; and public bathing
   44  places; health advisories; signage.—
   45         (1) As used in this section, the term “beach waters” means
   46  the waters along the coastal and intracoastal beaches and shores
   47  of this the state, and includes salt water and brackish water.
   48         (2) The department shall may adopt and enforce rules to
   49  protect the health, safety, and welfare of persons using the
   50  beach waters and public bathing places of this the state. The
   51  rules must establish health standards and prescribe procedures
   52  and timeframes for bacteriological sampling of beach waters and
   53  public bathing places. At a minimum, the rules must require
   54  owners of beach waters and public bathing places to both notify
   55  the department and resample the water within 24 hours after a
   56  test result indicates that a sample of the beach waters or
   57  public bathing place fails to meet standards established by the
   58  department.
   59         (3) The department shall, within 24 hours or the next
   60  business day, whichever occurs first, may issue health
   61  advisories if the quality of beach waters or a public bathing
   62  place fails to meet standards established by the department and
   63  shall require closure of beach waters and public bathing places
   64  that fail to meet the department’s standards if it deems closure
   65  is necessary to protect the health, safety, and welfare of the
   66  public. Closures must remain in effect until the quality of the
   67  beach waters or public bathing place is restored in accordance
   68  with the department’s standards and until the department has
   69  removed any related health advisories that it issued. The
   70  issuance of health advisories related to the results of
   71  bacteriological sampling of beach waters and public bathing
   72  places is preempted to the state.
   73         (4)(a) When the department issues a health advisory against
   74  swimming in beach waters or a public bathing place on the basis
   75  of finding elevated levels of fecal coliform, Escherichia coli,
   76  or enterococci bacteria in a water sample, the department shall,
   77  within 24 hours or the next business day, whichever occurs
   78  first, concurrently notify the municipality or county in which
   79  the affected beach waters or public bathing place is are
   80  located, whichever has jurisdiction, and the local office of the
   81  Department of Environmental Protection, and the local affiliates
   82  of national television networks in the affected area of the
   83  advisory.
   84         (b)Municipalities and counties shall, within 24 hours or
   85  the next business day, whichever occurs first, notify the
   86  department of any incident that negatively impacts the quality
   87  of beach waters or public bathing places within their respective
   88  jurisdictions. Owners of public boat docks, marinas, and piers
   89  shall, within 24 hours or the next business day, whichever
   90  occurs first, notify the jurisdictional municipality or county
   91  of any incident that negatively impacts the quality of beach
   92  waters in which the dock, marina, or pier is located.
   93         (c) The local office of the Department of Environmental
   94  Protection shall promptly investigate wastewater treatment
   95  facilities within 1 mile of the affected beach waters or public
   96  bathing place to determine if a facility experienced an incident
   97  that may have contributed to the contamination and provide the
   98  results of the investigation in writing or by electronic means
   99  to the municipality or county, as applicable.
  100         (d)The department shall adopt by rule a sign that must be
  101  used when it issues a health advisory against swimming in
  102  affected beach waters or public bathing places due to elevated
  103  levels of fecal coliform, Escherichia coli, or enterococci
  104  bacteria in the water. The department shall require that the
  105  health advisory sign be no less than 20 inches by 20 inches in
  106  diameter and posted at beach access points and in conspicuous
  107  areas around affected beach waters and public bathing places
  108  until subsequent testing of the water demonstrates that the
  109  bacteria levels meet the standards established by the
  110  department.
  111         (e)Municipalities and counties are responsible for posting
  112  and maintaining health advisory signs as described in paragraph
  113  (d) around affected beach waters and public bathing places owned
  114  by them. The Department of Environmental Protection is
  115  responsible for posting and maintaining health advisory signs
  116  around affected beach waters and public bathing places owned by
  117  the state. The department shall coordinate with the Department
  118  of Environmental Protection and the Fish and Wildlife
  119  Conservation Commission as necessary to implement the signage
  120  requirements of this subsection. Such signage must be posted and
  121  maintained in compliance with this subsection until the health
  122  advisory is no longer in effect.
  123         Section 2. This act shall take effect July 1, 2024.