HB 1395CS

CHAMBER ACTION




1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to beach safety; amending s. 380.276,
7F.S.; revising the provisions for the placement of uniform
8warning and safety flags at public beaches; prohibiting
9the display of flags not specifically developed by the
10Department of Environmental Protection; revising liability
11provisions; authorizing the department to develop and
12distribute information and materials related to beach
13safety; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 380.276, Florida Statutes, is amended
18to read:
19     380.276  Beaches and coastal areas; display of uniform
20warning and safety flags at on public beaches; placement of
21uniform notification signs; beach safety education.--
22     (1)  It is the intent of the Legislature that a cooperative
23effort among state agencies and local governments be undertaken
24to plan for and assist in the display of uniform warning and
25safety flags, and the placement of uniform notification signs
26that provide the meaning of such warning and safety flags, at on
27the public beaches along the coast of the state. Because the
28varying natural conditions of Florida's public beaches and
29coastal areas pose significant risks to the safety of tourists
30and the general public, it is important to inform the public of
31the need to exercise caution.
32     (2)  The Department of Environmental Protection, through
33the Florida Coastal Management Program, shall direct and
34coordinate the uniform warning and safety flag program. The
35purpose of the program shall be to encourage the display of
36uniform warning and safety flags at all public beaches along the
37coast of the state at which warning and safety flags are
38displayed and lifeguards are on duty, and to encourage the
39placement of uniform notification signs that provide the meaning
40of such flags. Only warning and safety flags developed by the
41department shall be displayed. Participation in the program
42shall be open to any government having jurisdiction over a
43public beach along the coast, whether or not the beach has
44lifeguards.
45     (3)  The Department of Environmental Protection shall
46develop a program for the display of uniform warning and safety
47flags at all public beaches along the coast of the state at
48which warning and safety flags are displayed and lifeguards are
49on duty, and for the placement of uniform notification signs
50that provide the meaning of the flags displayed. Such a program
51shall provide:
52     (a)  For posted notification of the meaning of each of the
53warning and safety flags at all designated public access points.
54     (b)  That uniform notification signs be posted in a
55conspicuous location and be clearly legible.
56     (c)  A standard size, shape, color, and definition for each
57warning and safety flag.
58     (d)  That flags incorporate a numerical designation to
59accommodate persons who are colorblind.
60     (e)  That flags not specifically defined by the department
61must be identified by the entity displaying the flags in the
62posted notification.
63     (f)  Guidelines for the periodic replacement of flags.
64     (4)  The Department of Environmental Protection is
65authorized, within the limits of appropriations or grants
66available to it for such purposes, to establish and operate a
67program to encourage the display of uniform warning and safety
68flags at on all public beaches along the coast of the state and
69to encourage the placement of uniform notification signs that
70provide the meaning of the flags displayed. The department shall
71coordinate the implementation of the uniform warning and safety
72flag program with local governing bodies and the Florida Beach
73Patrol Chiefs Association.
74     (5)  The Department of Environmental Protection may adopt
75rules pursuant to ss. 120.536(1) and 120.54 necessary to
76administer this section.
77     (6)  Due to the inherent danger of constantly changing surf
78and other naturally occurring conditions along Florida's coast,
79the state, state agencies, local and regional government
80entities or authorities, and their individual employees and
81agents, shall governments, and local government agencies may not
82be held liable for any injury or loss of life caused by changing
83surf and other naturally occurring conditions along coastal
84areas, whether or not uniform warning and safety flags or
85notification signs developed by the department are displayed or
86posted the reasonable placement or location of uniform warning
87and safety flags or reasonably posted uniform notification signs
88or the failure to install uniform warning and safety flags or
89posted uniform notification signs as provided by this section.
90     (7)  The Department of Environmental Protection, through
91the Florida Coastal Management Program, may also develop and
92make available to the public other educational information and
93materials related to beach safety.
94     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.