Sampling of Beach Waters and Public Bathing Spaces
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SB 338 — Sampling of Beach Waters and Public Bathing Spaces
Last action — Died in Appropriations Committee on Agriculture, Environment, and General Government
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Sampling of Beach Waters and Public Bathing Spaces; Requiring, rather than authorizing, the Department of Health to adopt and enforce certain rules; directing the department to require closure of beach waters and public bathing places under certain circumstances; requiring that such closures remain in effect for a specified period; preempting the issuance of certain health advisories for public bathing places to the state; specifying a timeframe within which the department must notify the municipality or county, the local office of the Department of Environmental Protection, and the local affiliates of national television networks of areas affected by a health advisory against swimming issued by the department, etc.
Bill Text
What changed in the latest version
139 added · 327 removed139 line(s) added, 327 removed.
Florida Senate - 2024 CS for SB 338 By Senator Berman 26-00136A-24 2024338__ A bill to be entitled An act relating to the SafeCommittee Waterwayson Act;Health Policy;
providingand aSenators shortBerman title;and Rodriguez 588-02996-24 2024338c1 A bill to be entitled An act relating to sampling of beach waters and public bathing spaces;
requiring the Department of Health to provide a report of specified information to the Governor and the Legislature by a specified date;
requiring the Department of Health and the Department of Environmental Protection to submit to the Governor and the Legislature, by a specified date, certain recommendations relating to the transfer of duties related to the bacteriological sampling of beach waters and public bathing places;
requiring the departments to enter into an interagency agreement, by a specified date, that meets certain requirements;
transferring the duties related to the bacteriological sampling of beach waters and public bathing places from the Department of Health to the Department of Environmental Protection by a type two transfer by a specified date;
providing that certain employees retain and transfer certain types of leave upon the transfer;
514.021, F.S.;
specifying that the Department of Environmental Protection is solely responsible for adopting and enforcing rules related to the bacteriological sampling of beach waters and public bathing places;
amending s.
definingrequiring, rather than authorizing, the termDepartment “department”;of Health to adopt and enforce certain rules;
requiring, rather than authorizing, the department to adopt and enforce certain rules;
requiring, rather than authorizing, the department to issue certain health advisories underwithin certaina circumstances;specified timeframe;
Pagedirecting 1the department to require closure of 11beach CODING:waters and public bathing places under certain circumstances;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ directing the department to require closure of beach waters and public bathing places under certain circumstances;
includingpreempting public bathing places in an existing preemption of authority to the state pertaining to the issuance of suchcertain health advisories andfor anpublic existingbathing notificationplaces requirement;to the state;
requiringspecifying municipalitiesa andtimeframe countieswithin towhich immediatelythe department must notify the departmentmunicipality or county, the local office of anythe incidentDepartment thatof mayEnvironmental affectProtection, and the qualitylocal affiliates of beachnational waterstelevision ornetworks publicof bathingareas placesaffected withinby theira respectivehealth jurisdictions;advisory against swimming issued by the department;
requiring themunicipalities departmentand counties to promptlynotify investigatethe outfalldepartment pipes,of incertain additionincidents to wastewater treatment facilities, within municipalitiesa adjoiningspecified affectedtimeframe; beach waters or public bathing places;
requiring theowners departmentof public boat docks, marinas, and piers to adoptnotify bythe rulejurisdictional amunicipality or county of certain healthincidents advisorywithin sign;a specified timeframe;
providingrequiring requirementsthe fordepartment theto adopt by rule a health advisory sign;
requiringproviding thatrequirements thefor signsuch besign; posted in a specified manner and maintained until subsequent testing demonstrates that the water’s bacteria levels meet the standards established by the department;
providing that municipalities and counties are responsible for maintainingposting theand healthmaintaining advisorysuch signs around certain affected beach waters and public bathing placesplaces; that they own;
providingPage that1 theof department5 isCODING: responsible for maintaining the health advisory signs around affected beach waters and public bathing places owned by the state;
requiring the department to coordinate with the Department of Health and the Fish and Wildlife Page 2 of 11 CODING:
Florida Senate - 2024 CS for SB 338 26-00136A-24588-02996-24 2024338__2024338c1 Conservationproviding Commissionthat asthe necessaryDepartment toof implementEnvironmental Protection is responsible for posting and maintaining such signagesigns requirements;around certain affected beach waters and public bathing places;
requiring the departmentDepartment of Health to monitorcoordinate affectedwith beachthe watersDepartment of Environmental Protection and publicthe bathingFish placesand forWildlife complianceConservation withCommission theto implement signage requirements;
requiringproviding thean departmenteffective todate. establish a public statewide interagency database for a specified purpose;
requiring the department, in coordination with the Department of Health, to adopt certain rules and procedures;
providing requirements for the publication of certain data;
amending s.
514.0231, F.S.;
conforming a provision to changes made by the act;
providing effective dates.
ThisSection act514.023, mayFlorida beStatutes, citedis asamended theto “Saferead: Waterways Act.” Section 2.
(1) By July 1, 2024, the Department of Health shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives detailing all of the following information regarding the department’s bacteriological sampling of beach waters and public bathing places:
(a) The average number of bacteriological samples collected each year, differentiated by those collected by the department and those submitted by owners of beach waters or public bathing places.
(b) The average number of health advisories issued each year, including their average duration.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ (c) The number of department employees conducting work on or related to the bacteriological sampling of beach waters and public bathing places, including enforcement duties.
(d) The costs associated with fulfilling the department’s duties, including, but not limited to, salaries and benefits, operational costs, and equipment costs.
(2) By December 31, 2024, the Department of Health and the Department of Environmental Protection shall submit recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the transfer of bacteriological sampling of beach waters and public bathing places from the Department of Health to the Department of Environmental Protection.
The recommendations must address all aspects of the transfer, including the continued role, if any, of the county health departments in the collection and tracking of data relating to bacteriological sampling of beach waters and public bathing places and enforcement of posted signage requirements imposed under s.
514.023, Florida Statutes, which would be conducted under the direction of the Department of Environmental Protection.
(3) By June 30, 2025, the Department of Health and the Department of Environmental Protection shall enter into an interagency agreement, based on the report and recommendations submitted pursuant to subsections (1) and (2), respectively, which must address all aspects of cooperation between the two agencies for a period of at least 5 years after the date of the transfer, including, but not limited to, all of the following:
(a) Any continued role of the county health departments in the collection and tracking of data relating to bacteriological Page 4 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ sampling of beach waters and public bathing places and enforcement of posted signage requirements imposed under s.
514.023, Florida Statutes.
(b) The proportionate number of administrative, auditing, inspector general, attorney, and operational support positions, and their respective related funding levels and sources and assigned property, that is appropriate to be transferred from the Office of General Counsel, the Office of Inspector General, and the Division of Administrative Services or other relevant offices or divisions within the Department of Health to the Department of Environmental Protection.
(c) The development of a recommended plan to address the transfer or shared use of buildings, regional offices, and other facilities used or owned by the Department of Health.
(d) Any operating budget adjustments that are necessary to implement the requirements of this act.
Adjustments made to the operating budgets of the agencies in the implementation of this act must be made in consultation with the appropriate substantive and fiscal committees of the Senate and the House of Representatives.
The adjustments to the approved operating budgets for the 2025-2026 fiscal year which are necessary to reflect the organizational changes made by this act must be implemented pursuant to s.
216.292(4)(d), Florida Statutes, and are subject to s.
216.177, Florida Statutes.
Subsequent adjustments between the Department of Health and the Department of Environmental Protection that are determined necessary by the respective agencies and approved by the Executive Office of the Governor are authorized and subject to s.
216.177, Florida Statutes.
Before such adjustments are made, the appropriate Page 5 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ substantive committees of the Senate and the House of Representatives must be notified of the proposed adjustments to ensure their consistency with legislative policy and intent.
(4) Effective July 1, 2025, all powers, duties, functions, records, offices, personnel, associated administrative support positions, property, pending issues, administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and other funds for the regulation of bacteriological sampling of beach waters and public bathing places of the Department of Health are transferred by a type two transfer, as defined in s.
20.06(2), Florida Statutes, to the Department of Environmental Protection.
(5) Notwithstanding chapter 60L-34, Florida Administrative Code, or any law to the contrary, employees transferred from the Department of Health to the Department of Environmental Protection to fill positions transferred by this act retain and transfer any accrued annual leave, sick leave, and regular and special compensatory leave balances.
Section 3.
Effective July 1, 2025, subsection (1) of section 514.021, Florida Statutes, is amended to read:
514.021 Department authorization.— (1) With the exception of rules related to the bacteriological sampling of beach waters and public bathing places under s.
514.023, for which the adoption and enforcement are solely the responsibility of the Department of Environmental Protection, the department may adopt and enforce rules to protect the health, safety, or welfare of persons by setting sanitation and safety standards for public swimming pools and public bathing places.
The department shall review and revise Page 6 of 11 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ such rules as necessary, but not less than biennially.
Sanitation and safety standards must shall be limited to matters relating to source of water supply;
microbiological, chemical, and physical quality of water in the pool or bathing area;
method of water purification, treatment, and disinfection;
lifesaving apparatus;
and measures to ensure safety of bathers.
Section 4.
Effective July 1, 2025, section 514.023, Florida Statutes, is amended to read:
signage;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.
database.— (1) As used in this section, the term:
(a) “Beach waters” means the waters along the coastal and intracoastal beaches and shores of this the state, and includes salt water and brackish water.
(b) “Department” means the Department of Environmental Protection.
(3) The department must may issue health advisories if the quality of beach waters or a public bathing place fails to meet Page 72 of 115 CODING:
Florida Senate - 2024 CS for SB 338 26-00136A-24588-02996-24 2024338__2024338c1 (3) The department shall, within 24 hours or the next business day, whichever occurs first, may issue health advisories if the quality of beach waters or a public bathing place fails to meet standards established by the department and mustshall require closure of beach waters and public bathing places that fail to meet the department’s standards if it deems closure is necessary to protect the health, safety, and welfare of the public.
(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 mustshall, shallwithin 24 hours or the next business day, whichever occurs first, 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 Department of Health Environmental Protection, and the local affiliates of national television networks in the affected area of the advisory.
(b) Municipalities and counties shallshall, immediatelywithin 24 hours or the next business day, whichever occurs first, notify the department of any incident that maynegatively affectimpacts the quality of beach waters or public bathing places within their respective jurisdictions.Page 3 of 5 CODING:
(c) The local office of the department of Environmental Protection shall promptly investigate wastewater treatment facilities and outfall pipes within municipalities adjoining 1 mile of the affected beach waters or public bathing place to determine whether if a facility experienced an incident that may have contributed to the contamination and provide the results of Page 8 of 11 CODING:
Florida Senate - 2024 CS for SB 338 26-00136A-24588-02996-24 2024338__2024338c1 thejurisdictions. investigation in writing or by electronic means to the municipality or county, as applicable.
Owners of public boat docks, marinas, and piers shall, within 24 hours or the next business day, whichever occurs first, notify the jurisdictional municipality or county of any incident that negatively impacts the quality of beach waters in which the dock, marina, or pier is located.
(c) 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.
The department shall require that the health advisory sign mustbe includeno less than 20 inches by 20 inches in diameter and posted at beach access points and in conspicuous areas around affected beach waters and public bathing places until subsequent testing of the followingwater language:demonstrates that the bacteria levels meet the standards established by the department.
“THIS(e) WATERMunicipalities BODYand HAScounties BEENare VERIFIEDresponsible TOfor BEposting CONTAMINATEDand WITHmaintaining FECALhealth BACTERIA.advisory signs as described in paragraph (d) around affected beach waters and public bathing places owned by them.
RESTORATIONThe INDepartment COMPLIANCEof WITHEnvironmental STATEProtection WATERis QUALITYresponsible STANDARDSfor ISposting REQUIRED.and maintaining health advisory signs around affected beach waters and public bathing places owned by Page 4 of 5 CODING:
THIS WATER BODY PRESENTS A RISK OF INFECTION OR ILLNESS.
AVOID SWIMMING AND USE CAUTION TO AVOID INGESTING THE WATER OR EXPOSING OPEN WOUNDS.
SECTION 514.023, FLORIDA STATUTES.” The department shall require that health advisory signs be displayed at beach access points and in conspicuous areas around affected beach waters and public bathing places until subsequent testing of the water demonstrates that the bacteria levels meet the standards established by the department.
(e) Municipalities and counties are responsible for posting and maintaining health advisory signs as described in paragraph (d) around affected beach waters and public bathing places that they own.
The department is responsible for posting and maintaining health advisory signs around affected beach waters and public bathing places owned by the state.
The department shall coordinate with the Department of Health and the Fish and Wildlife Conservation Commission as necessary to implement the signage requirements of this subsection.
(f) The department shall monitor affected beach waters and public bathing places for compliance with the signage Page 9 of 11 CODING:
Florida Senate - 2024 CS for SB 338 26-00136A-24588-02996-24 2024338__2024338c1 requirements of this subsection, ensuring that only department- approved health advisory signs are used and that such signage is posted and maintained in compliance with this subsection until the healthstate. advisory is no longer in effect.
(5) The department shall establishcoordinate awith publicthe statewideDepartment interagencyof databaseEnvironmental forProtection and the reportingFish ofand fecalWildlife indicatorConservation bacteriaCommission dataas fornecessary beachto watersimplement andthe publicsignage bathingrequirements placesof in this state.subsection.
TheSuch department,signage inmust coordinationbe withposted the Department of Health, shall adopt rules and proceduresmaintained forin thecompliance sharingwith ofthis fecalsubsection indicatoruntil bacteria data between agencies and for the reportinghealth ofadvisory suchis datano longer in theeffect. database.
FecalSection indicator2. bacteria data relating to sampled beach waters and public bathing places must be published in the database within 1 business day after receipt and confirmation of the data.
SectionThis 5.act shall take effect July 1, 2024.
EffectivePage July5 1,of 2025,5 sectionCODING: 514.0231, Florida Statutes, is amended to read:
514.0231 Advisory committee to oversee sampling of beach waters.—The Department of Environmental Protection Health shall form an interagency technical advisory committee to oversee the performance of the study required in s.
514.023 and to advise it in rulemaking pertaining to standards for public bathing places along the coastal and intracoastal beaches and shores of the state.
Membership on the committee must shall consist of equal numbers of staff of the Department of Environmental Protection and the Department of Health and the Department of Environmental Protection with expertise in the subject matter of the study.
Members shall be appointed by the Secretary of Environmental Protection and the State Surgeon General and the Secretary of Environmental Protection.
The committee shall be chaired by a Page 10 of 11 CODING:
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words underlined are additions.
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ representative from the Department of Environmental Protection Health.
Section 6.
Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.
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View plain text versions (2)
- S 338 c1 View text Current pdf
- Introduced S 338 Filed pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill mandates various responsibilities for health advisories and closures regarding beach waters and public bathing places that were previously optional for the Department of Health and local authorities.
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514.023
may adopt and enforce→ shall adopt and enforceThis change requires the Department of Health to adopt and enforce rules instead of allowing them the option to do so.
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514.023
may issue health advisories→ shall issue health advisoriesThis change obligates the Department of Health to issue health advisories rather than permitting them to choose whether to issue them.
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514.023
may→ shallThis change establishes mandatory actions for the department regarding the closure of beach waters and public bathing places when necessary.
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514.023
may issue health advisories→ shall, within 24 hours or the next business day, whichever occurs first, issue health advisoriesThis mandates that health advisories be issued within a specific timeframe once the water quality fails to meet standards.
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514.023
may, within 24 hours or the next business day, whichever occurs first, notify→ shall, within 24 hours or the next business day, whichever occurs first, concurrently notifyThis makes it mandatory for the department to notify relevant entities about health advisories within a specified timeframe.
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514.023
may→ shallThis enforces a requirement for owners of public boat docks, marinas, and piers to notify the jurisdictional municipality or county.
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514.023
may adopt by rule a sign→ shall adopt by rule a signThis requires the department to create a health advisory sign that must be used when health advisories are issued.
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514.023
must be→ shall beThis clarifies the requirement for municipalities and counties to be responsible for posting and maintaining health advisory signs.
-
514.023
may→ shallThis makes explicit the requirement for coordination between departments regarding signage for health advisories.
Action History
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Died in Appropriations Committee on Agriculture, Environment, and General Government
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CS by Health Policy read 1st time
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Now in Appropriations Committee on Agriculture, Environment, and General Government
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Health Policy; YEAS 10 NAYS 0
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On Committee agenda-- Health Policy, 02/06/24, 11:30 am, 412 Knott Building
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Introduced
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Referred to Health Policy; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy
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Filed
Sponsors
- Health Policy · Primary
- Lori Berman · Primary
- Ana Maria Rodriguez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 1 co-sponsors · 161 not signed on
Sponsors (2)
- Health Policy
- Berman, Lori Democrat
Co-sponsors (1)
- Rodriguez, Ana Maria Republican
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Book | — | Yea |
| Davis, Tracie | Democrat | Yea |
| Osgood, Rosalind | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Vacant | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 338 do?
- Sampling of Beach Waters and Public Bathing Spaces; Requiring, rather than authorizing, the Department of Health to adopt and enforce certain rules; directing the department to require closure of beach waters and public bathing places under certain circumstances; requiring that such closures remain in effect for a specified period; preempting the issuance of certain health advisories for public bathing places to the state; specifying a timeframe within which the department must notify the municipality or county, the local office of the Department of Environmental Protection, and the local affiliates of national television networks of areas affected by a health advisory against swimming issued by the department, etc.
- Who sponsors SB 338?
- SB 338 is sponsored by Health Policy, Berman, Lori (Democrat), and Rodriguez, Ana Maria (Republican).
- What is the current status of SB 338?
- This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 338?
- Track SB 338 free on One Click Politics — get push/email alerts when it moves.
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