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