Senate Bill sb0348

    Florida Senate - 2002                                   SB 348

    By Senator Futch





    18-312-02

  1                      A bill to be entitled

  2         An act relating to the placement of rip current

  3         warning signs; creating s. 380.275, F.S.;

  4         providing for a cooperative effort among state

  5         agencies and local governments to plan for and

  6         assist in the placement of rip current warning

  7         signs; providing that the Department of

  8         Community Affairs shall direct and coordinate

  9         the program; requiring the development of a

10         uniform rip current warning sign; authorizing

11         the department to coordinate the distribution

12         and erection of rip current warning signs;

13         providing for rules; limiting the liability of

14         participating governmental entities; providing

15         an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 380.275, Florida Statutes, is

20  created to read:

21         380.275  Beaches and coastal areas; posting of rip

22  current warning signs.--

23         (1)  It is the intent of the Legislature that a

24  cooperative effort among state agencies and local governments

25  be developed to plan for and assist in the placement of rip

26  current warning signs along the public beaches and coastal

27  areas of the state.  A rip current is a strong surface current

28  of water flowing out past the surf zone, which can pull even

29  the strongest swimmer into deeper water.  Rip currents pose a

30  significant danger of drowning to tourists and the general

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    Florida Senate - 2002                                   SB 348
    18-312-02




  1  public, and it is therefore important to inform the public to

  2  be cautious in coastal areas where rip currents can occur.

  3         (2)  The Department of Community Affairs, through the

  4  Florida Coastal Management Program, shall direct and

  5  coordinate the rip current warning sign program, which shall

  6  be a program to encourage the placement of rip current warning

  7  signs in areas that may pose a significant risk to the public

  8  as a result of rip currents. Signs may be located where the

  9  public has established an access way to a beach or coastal

10  area.

11         (3)  The department shall develop a uniform rip current

12  warning sign for use at any public beach or along any coastal

13  area where there may be a significant threat to the public as

14  a result of rip currents, to be placed, insofar as is

15  practicable, wherever the public has established access ways

16  to the beach.

17         (4)  The department is authorized, within the limits of

18  appropriations available to it for such purposes, to establish

19  and operate a program to encourage the placement of rip

20  current warning signs in areas where the public has

21  established an access way to a beach or coastal area that may

22  be subject to a significant threat of dangerous rip currents

23  and therefore may pose a hazard to the public. The department

24  shall also coordinate with the local governing body the

25  distribution and erection of rip current warning signs,

26  whenever there is a request for such assistance.

27         (5)  The department may adopt rules necessary to

28  administer this section.

29         (6)  The state, state agencies, local governments, and

30  local government agencies may not be held liable for any

31  injury caused by the placement or maintenance of rip current

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    Florida Senate - 2002                                   SB 348
    18-312-02




  1  warning signs or the failure to install or maintain rip

  2  current signs as provided by this section.

  3         Section 2.  This act shall take effect October 1, 2002.

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  6                          SENATE SUMMARY

  7    Provides for a cooperative effort among state agencies
      and local governments to plan for and assist in the
  8    placement of rip current warning signs, under the
      direction of the Department of Community Affairs.
  9    Requires the development of a uniform rip current warning
      sign and authorizes the department to coordinate the
10    distribution and erection of such signs.  Limits the
      liability of participating governmental entities.
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CODING: Words stricken are deletions; words underlined are additions.