Senate Bill sb2426c2
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Florida Senate - 2005 CS for CS for SB 2426
By the Committees on Governmental Oversight and Productivity;
Environmental Preservation; and Senator Clary
585-2193-05
1 A bill to be entitled
2 An act relating to beach safety; amending s.
3 380.276, F.S.; revising the provisions for the
4 placement of uniform warning and safety flags
5 at public beaches; prohibiting the display of
6 flags not specifically developed by the
7 Department of Environmental Protection;
8 revising liability provisions; authorizing the
9 department to develop and distribute
10 information and materials related to beach
11 safety; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 380.276, Florida Statutes, is
16 amended to read:
17 380.276 Beaches and coastal areas; display of uniform
18 warning and safety flags at on public beaches; placement of
19 uniform notification signs; beach safety education.--
20 (1) It is the intent of the Legislature that a
21 cooperative effort among state agencies and local governments
22 be undertaken to plan for and assist in the display of uniform
23 warning and safety flags, and the placement of uniform
24 notification signs that provide the meaning of such warning
25 and safety flags, at on the public beaches along the coast of
26 the state. Because the varying natural conditions of Florida's
27 public beaches and coastal areas pose significant risks to the
28 safety of tourists and the general public, it is important to
29 inform the public of the need to exercise caution.
30 (2) The Department of Environmental Protection,
31 through the Florida Coastal Management Program, shall direct
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Florida Senate - 2005 CS for CS for SB 2426
585-2193-05
1 and coordinate the uniform warning and safety flag program.
2 The purpose of the program shall be to encourage the display
3 of uniform warning and safety flags at all public beaches
4 along the coast of the state at which warning and safety flags
5 are displayed and lifeguards are on duty, and to encourage the
6 placement of uniform notification signs that provide the
7 meaning of such flags. Only warning and safety flags developed
8 by the department shall be displayed. Participation in the
9 program shall be open to any government having jurisdiction
10 over a public beach along the coast, whether or not the beach
11 has lifeguards.
12 (3) The Department of Environmental Protection shall
13 develop a program for the display of uniform warning and
14 safety flags at all public beaches along the coast of the
15 state at which warning and safety flags are displayed and
16 lifeguards are on duty, and for the placement of uniform
17 notification signs that provide the meaning of the flags
18 displayed. Such a program shall provide:
19 (a) For posted notification of the meaning of each of
20 the warning and safety flags at all designated public access
21 points.
22 (b) That uniform notification signs be posted in a
23 conspicuous location and be clearly legible.
24 (c) A standard size, shape, color, and definition for
25 each warning and safety flag.
26 (d) That flags incorporate a numerical designation to
27 accommodate persons who are colorblind.
28 (e) That flags not specifically defined by the
29 department must be identified by the entity displaying the
30 flags in the posted notification.
31 (f) Guidelines for the periodic replacement of flags.
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Florida Senate - 2005 CS for CS for SB 2426
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1 (4) The Department of Environmental Protection is
2 authorized, within the limits of appropriations or grants
3 available to it for such purposes, to establish and operate a
4 program to encourage the display of uniform warning and safety
5 flags at on all public beaches along the coast of the state
6 and to encourage the placement of uniform notification signs
7 that provide the meaning of the flags displayed. The
8 department shall coordinate the implementation of the uniform
9 warning and safety flag program with local governing bodies
10 and the Florida Beach Patrol Chiefs Association.
11 (5) The Department of Environmental Protection may
12 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
13 administer this section.
14 (6) Due to the inherent danger of constantly changing
15 surf and other naturally occurring conditions along Florida's
16 coast, the state, state agencies, local and regional
17 government entities or authorities, and their individual
18 employees and agents shall governments, and local government
19 agencies may not be held liable for any injury or loss of life
20 caused by changing surf and other naturally occurring
21 conditions along the coastal areas, whether or not uniform
22 warning and safety flags or notification signs developed by
23 the department are displayed or posted the reasonable
24 placement or location of uniform warning and safety flags or
25 reasonably posted uniform notification signs or the failure to
26 install uniform warning and safety flags or posted uniform
27 notification signs as provided by this section.
28 (7) The Department of Environmental Protection,
29 through the Florida Coastal Management Program, may also
30 develop and make available to the public other educational
31 information and materials related to beach safety.
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Florida Senate - 2005 CS for CS for SB 2426
585-2193-05
1 Section 2. This act shall take effect July 1, 2005.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 CS for Senate Bill 2426
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6 Provides that governmental entities shall not be held liable
for injury or loss of life caused by naturally occurring
7 conditions, whether or not uniform warning and safety flags
are displayed.
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