Florida 2024 Regular Session Status: In Committee Bipartisan · 1 D · 1 R cosponsors

SB 338 — Sampling of Beach Waters and Public Bathing Spaces

Last action — Died in Appropriations Committee on Agriculture, Environment, and General Government

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

139 line(s) added, 327 removed.

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Florida Senate - 2024 SB 338 By Senator Berman 26-00136A-24 2024338__ A bill to be entitled An act relating to the Safe Waterways Act;
Florida Senate - 2024 CS for SB 338 By the Committee on Health Policy;
providing a short title;
and Senators Berman 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.
defining the term “department”;
requiring, rather than authorizing, the 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 health advisories under certain circumstances;
requiring, rather than authorizing, the department to issue certain health advisories within a specified timeframe;
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directing the department to require closure of beach 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;
including public bathing places in an existing preemption of authority to the state pertaining to the issuance of such health advisories and an existing notification requirement;
preempting the issuance of certain health advisories for public bathing places to the state;
requiring municipalities and counties to immediately notify the department of any incident that may affect the quality of beach waters or public bathing places within their respective jurisdictions;
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;
requiring the department to promptly investigate outfall pipes, in addition to wastewater treatment facilities, within municipalities adjoining affected beach waters or public bathing places;
requiring municipalities and counties to notify the department of certain incidents within a specified timeframe;
requiring the department to adopt by rule a certain health advisory sign;
requiring owners of public boat docks, marinas, and piers to notify the jurisdictional municipality or county of certain incidents within a specified timeframe;
providing requirements for the sign;
requiring the department to adopt by rule a health advisory sign;
requiring that the sign be 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 requirements for such sign;
providing that municipalities and counties are responsible for maintaining the health advisory signs around affected beach waters and public bathing places that they own;
providing that municipalities and counties are responsible for posting and maintaining such signs around certain affected beach waters and public bathing places;
providing that the department is responsible for maintaining the health advisory signs around affected beach waters and public bathing places owned by the state;
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requiring the department to coordinate with the Department of Health and the Fish and Wildlife Page 2 of 11 CODING:
Florida Senate - 2024 SB 338 26-00136A-24 2024338__ Conservation Commission as necessary to implement such signage requirements;
Florida Senate - 2024 CS for SB 338 588-02996-24 2024338c1 providing that the Department of Environmental Protection is responsible for posting and maintaining such signs around certain affected beach waters and public bathing places;
requiring the department to monitor affected beach waters and public bathing places for compliance with the signage requirements;
requiring the Department of Health to coordinate with the Department of Environmental Protection and the Fish and Wildlife Conservation Commission to implement signage requirements;
requiring the department to establish a public statewide interagency database for a specified purpose;
providing an effective date.
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.
This act may be cited as the “Safe Waterways Act.” Section 2.
Section 514.023, Florida Statutes, is amended to read:
(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 7 of 11 CODING:
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Florida Senate - 2024 SB 338 26-00136A-24 2024338__ standards established by the department and must 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.
Florida Senate - 2024 CS for SB 338 588-02996-24 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 shall 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 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 Department of Health Environmental Protection, of the advisory.
(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 shall, within 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 Environmental Protection, and the local affiliates of national television networks in the affected area of the advisory.
(b) Municipalities and counties shall immediately notify the department of any incident that may affect the quality of beach waters or public bathing places within their respective jurisdictions.
(b) Municipalities and counties shall, within 24 hours or the next business day, whichever occurs first, notify the department of any incident that negatively impacts the quality of beach waters or public bathing places within their respective 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 SB 338 26-00136A-24 2024338__ the investigation in writing or by electronic means to the municipality or county, as applicable.
Florida Senate - 2024 CS for SB 338 588-02996-24 2024338c1 jurisdictions.
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 sign must include the following language:
The department shall require that the health advisory sign be no 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 water demonstrates that the bacteria levels meet the standards established by the department.
“THIS WATER BODY HAS BEEN VERIFIED TO BE CONTAMINATED WITH FECAL BACTERIA.
(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 owned by them.
RESTORATION IN COMPLIANCE WITH STATE WATER QUALITY STANDARDS IS REQUIRED.
The Department of Environmental Protection is responsible for posting 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 SB 338 26-00136A-24 2024338__ 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 health advisory is no longer in effect.
Florida Senate - 2024 CS for SB 338 588-02996-24 2024338c1 the state.
(5) The department shall establish a public statewide interagency database for the reporting of fecal indicator bacteria data for beach waters and public bathing places in this state.
The department shall coordinate with the Department of Environmental Protection and the Fish and Wildlife Conservation Commission as necessary to implement the signage requirements of this subsection.
The department, in coordination with the Department of Health, shall adopt rules and procedures for the sharing of fecal indicator bacteria data between agencies and for the reporting of such data in the database.
Such signage must be posted and maintained in compliance with this subsection until the health advisory is no longer in effect.
Fecal indicator 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.
Section 2.
Section 5.
This act shall take effect July 1, 2024.
Effective July 1, 2025, section 514.0231, Florida Statutes, is amended to read:
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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)

How this bill changes current law

9 changes Share ↗

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.

  • 514.023

    may adopt and enforce → shall adopt and enforce

    This change requires the Department of Health to adopt and enforce rules instead of allowing them the option to do so.

  • 514.023

    may issue health advisories → shall issue health advisories

    This change obligates the Department of Health to issue health advisories rather than permitting them to choose whether to issue them.

  • 514.023

    may → shall

    This change establishes mandatory actions for the department regarding the closure of beach waters and public bathing places when necessary.

  • 514.023

    may issue health advisories → shall, within 24 hours or the next business day, whichever occurs first, issue health advisories

    This mandates that health advisories be issued within a specific timeframe once the water quality fails to meet standards.

  • 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 notify

    This makes it mandatory for the department to notify relevant entities about health advisories within a specified timeframe.

  • 514.023

    may → shall

    This enforces a requirement for owners of public boat docks, marinas, and piers to notify the jurisdictional municipality or county.

  • 514.023

    may adopt by rule a sign → shall adopt by rule a sign

    This requires the department to create a health advisory sign that must be used when health advisories are issued.

  • 514.023

    must be → shall be

    This clarifies the requirement for municipalities and counties to be responsible for posting and maintaining health advisory signs.

  • 514.023

    may → shall

    This makes explicit the requirement for coordination between departments regarding signage for health advisories.

Action History

  1. Died in Appropriations Committee on Agriculture, Environment, and General Government

  2. CS by Health Policy read 1st time

  3. Now in Appropriations Committee on Agriculture, Environment, and General Government

  4. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  5. CS by Health Policy; YEAS 10 NAYS 0

  6. On Committee agenda-- Health Policy, 02/06/24, 11:30 am, 412 Knott Building

  7. Introduced

  8. Referred to Health Policy; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 7000
Unaffiliated 1000
Democrat 2000
Total 10000
% 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

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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