SB 604 — Safe Waterways Act

Florida Senate - 2022 CS for SB 604 By Senatorthe BermanCommittee 31-00208D-22on 2022604__Environment Aand billNatural toResources; be entitled An act relating to the Safe Waterways Act;

and Senator Berman 592-02785-22 2022604c1 A bill to be entitled An act relating to the Safe Waterways Act;

514.011, F.S.;

revising the definition of the term “public bathing place”;

amending s.

deleting the definition of the term “beach waters”;

requiring the municipalitydepartment or county to postadopt certainby signagerule arounda publiccertain bathinghealth placesadvisory thatsign; have elevated levels of specified bacteria;

specifyingproviding requirements for the signage;sign;

requiring municipalitiesthe andsign counties to maintainbe theposted signagein a specified manner and maintained until subsequent testing shows the water’s bacteria levels meet the department’s standardsstandards; again;

requiringproviding thethat departmentmunicipalities toand monitorcounties are responsible for maintaining the affectedhealth publicadvisory bathingsigns placesfor toaffected ensurebeach thewaters appropriateand signagepublic isbathing displayed;places that they own;

requiringproviding that the department tois postresponsible andfor maintainmaintaining the appropriatehealth signageadvisory undersigns certainfor circumstances;affected beach waters and public bathing places owned by the state;

requiring the department to monitor the affected beach waters and public bathing places for compliance with the signage requirements;

Florida Senate - 2022 CS for SB 604 31-00208D-22592-02785-22 2022604__2022604c1 Be It Enacted by the Legislature of the State of Florida:

Subsection (4) of section 514.011, Florida Statutes, is amended to read:

514.011 Definitions.—As used in this chapter:

(4) “Public bathing place” means a body of water, including fresh water, salt water, and brackish water, that is natural or modified by humans;, used for swimming, diving, and recreational bathing with used by consent of the owner or owners;

and held out to the public by any person or public body, irrespective of whether a fee is charged for the use thereof.

The bathing water areas of public bathing places include, but are not limited to, lakes, ponds, rivers, streams, artificial impoundments, and waters along the coastal and intracoastal beaches and shores of this the state.

Section 2.

signage.— (1) As used in this section, the term “beach waters” means the waters along the coastal and intracoastal beaches and shores of this the state, and includes salt water and brackish water.

Page(3) 2The department shall may issue health advisories if the quality of 4beach CODING:waters or a public bathing place fails to meet standards established by the department.

The issuance of health advisories related to the results of bacteriological sampling of beach waters and public bathing places is preempted to the state.

(4)(a) When the department issues a health advisory against swimming in beach waters or a public bathing place on the basis of finding elevated levels of fecal coliform, Escherichia coli, or enterococci bacteria in a water sample, the department must shall concurrently notify the municipality or county in which the affected beach waters or public bathing place is are located, whichever has jurisdiction, and the local office of the Page 2 of 4 CODING:

Florida Senate - 2022 CS for SB 604 31-00208D-22592-02785-22 2022604__2022604c1 (2)(3)Department Theof departmentEnvironmental shallProtection, may issue health advisories if the quality of beach waters or a public bathing place fails to meet standards established by the department.advisory.

(b) The issuancelocal office of healththe advisoriesDepartment relatedof toEnvironmental theProtection resultsmust ofshall bacteriologicalpromptly samplinginvestigate wastewater treatment facilities within 1 mile of the affected beach waters or public bathing placesplace beachto watersdetermine isif preempteda facility experienced an incident that may have contributed to the state.contamination and provide the results of the investigation in writing or by electronic means to the municipality or county, as applicable.

(3)(a)(4)(c) WhenThe the department shall adopt by rule a sign to be used when it issues a health advisory against swimming in affected beach waters or a public bathing placeplaces ondue theto basis of finding elevated levels of fecal coliform, Escherichia coli, or enterococci bacteria in a water sample, the departmentwater. shall concurrently notify the municipality or county in which the affected public bathing place is beach waters are located, whichever has jurisdiction, and the local office of the Department of Environmental Protection, of the advisory.

(b) The local office of the Department of Environmental Protection shall promptly investigate wastewater treatment facilities within 1 mile of the affected beach waters or public bathing place to determine if a facility experienced an incident that may have contributed to the contamination and provide the results of the investigation in writing or by electronic means to the municipality or county, as applicable.

(c) The municipality or county in which the affected public bathing place is located, whichever has jurisdiction, shall post conspicuous signs, adopted by department rule, around the affected areas which advise the public that the department has issued a health advisory against swimming in that area due to elevated levels of fecal coliform, Escherichia coli, or enterococci bacteria in the water.

“THIS WATER BODY HAS BEEN VERIFIED BY THE PageFLORIDA 3DEPARTMENT ofOF 4HEALTH CODING:TO BE CONTAMINATED WITH FECAL BACTERIA.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 SB 604 31-00208D-22 2022604__ FLORIDA DEPARTMENT OF HEALTH TO BE CONTAMINATED WITH FECAL BACTERIA.

AVOID SWIMMING AND USE CAUTION TO AVOID INGESTING THE WATER OR EXPOSING OPEN CUTS.WOUNDS.

SECTION 514.023, FLORIDA STATUTES.” The municipalitydepartment orshall county,require ashealth applicable,advisory shallsigns maintainto thebe signagedisplayed in conspicuous areas around affected beach waters and public bathing places until subsequent testing of the water shows that the bacteria levels meet the department’s standardsstandards. again.

The(d) departmentMunicipalities shalland monitorcounties affectedare publicresponsible bathingfor placesmaintaining tohealth ensureadvisory thatsigns signagein isaffected postedbeach appropriatelywaters untiland thepublic bacteriabathing contaminationplaces isthat resolved.they own.

(d)The Ifdepartment the affected public bathing place is notresponsible withinfor themaintaining jurisdictionhealth ofadvisory asigns municipalityin oraffected county,beach thewaters department must post and maintainpublic thebathing requiredplaces signageowned asby providedthe instate. paragraph (c).

The department may coordinate with the Department of Environmental ProtectionPage and3 the Fish and Wildlife Conservation Commission to implement the signage requirements of this4 paragraph.CODING:

SectionWords 3.stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 604 592-02785-22 2022604c1 Protection and the Fish and Wildlife Conservation Commission to implement the signage requirements of this paragraph.