| 1 | A bill to be entitled |
| 2 | An act relating to the management of wastewater; amending |
| 3 | s. 514.023, F.S.; requiring the Department of Health to |
| 4 | issue certain health advisories against swimming in beach |
| 5 | waters; requiring the Department of Health to notify the |
| 6 | municipality or county and the local office of the |
| 7 | Department of Environmental Protection in which the |
| 8 | affected beach is located of the health advisory; |
| 9 | requiring the Department of Environmental Protection to |
| 10 | investigate wastewater treatment facilities within a |
| 11 | certain distance of the affected beach and provide |
| 12 | specified notification to the municipality or county in |
| 13 | which the affected beach is located of the results of its |
| 14 | investigation; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1) through (3) of section 514.023, |
| 19 | Florida Statutes, are amended to read: |
| 20 | 514.023 Sampling of beach waters; health advisories.-- |
| 21 | (1)(3) As used in For purposes of this section, the term |
| 22 | "beach waters" means the waters along the coastal and |
| 23 | intracoastal beaches and shores of the state, and includes salt |
| 24 | water and brackish water. |
| 25 | (2)(1) The department may adopt and enforce rules to |
| 26 | protect the health, safety, and welfare of persons using the |
| 27 | beach waters of the state. The rules must establish health |
| 28 | standards and prescribe procedures and timeframes for |
| 29 | bacteriological sampling of beach waters. |
| 30 | (3)(2) The department may issue health advisories if the |
| 31 | quality of beach waters fails to meet standards established by |
| 32 | the department. The issuance of health advisories related to the |
| 33 | results of bacteriological sampling of beach waters is preempted |
| 34 | to the state. When the Department of Health issues a health |
| 35 | advisory against swimming in beach waters on the basis of |
| 36 | finding elevated levels of fecal coliform or enterococci |
| 37 | bacteria in a water sample, the department shall |
| 38 | contemporaneously notify the relevant local government and the |
| 39 | local office of the Department of Environmental Protection, |
| 40 | which shall promptly investigate wastewater treatment facilities |
| 41 | within 1 mile of the affected beach to determine if a facility |
| 42 | experienced an incident that may have contributed to the |
| 43 | contamination. Upon completion, the Department of Environmental |
| 44 | Protection shall notify the relevant local government in writing |
| 45 | or by electronic correspondence of the results of its |
| 46 | investigation. |
| 47 | Section 2. This act shall take effect July 1, 2008. |