Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 604
       
       
       
       
       
       
                                Ì2665162Î266516                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2022           .                                
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       The Committee on Environment and Natural Resources (Berman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 514.023, Florida Statutes, is amended to
    6  read:
    7         514.023 Sampling of beach waters; and public bathing
    8  places; health advisories; signage.—
    9         (1) As used in this section, the term “beach waters” means
   10  the waters along the coastal and intracoastal beaches and shores
   11  of this the state, and includes salt water and brackish water.
   12         (2) The department shall may adopt and enforce rules to
   13  protect the health, safety, and welfare of persons using the
   14  beach waters and public bathing places of this the state. The
   15  rules must establish health standards and prescribe procedures
   16  and timeframes for bacteriological sampling of beach waters and
   17  public bathing places.
   18         (3) The department shall may issue health advisories if the
   19  quality of beach waters or a public bathing place fails to meet
   20  standards established by the department. The issuance of health
   21  advisories related to the results of bacteriological sampling of
   22  beach waters and public bathing places is preempted to the
   23  state.
   24         (4)(a) When the department issues a health advisory against
   25  swimming in beach waters or a public bathing place on the basis
   26  of finding elevated levels of fecal coliform, Escherichia coli,
   27  or enterococci bacteria in a water sample, the department must
   28  shall concurrently notify the municipality or county in which
   29  the affected beach waters or public bathing place is are
   30  located, whichever has jurisdiction, and the local office of the
   31  Department of Environmental Protection, of the advisory.
   32         (b) The local office of the Department of Environmental
   33  Protection must shall promptly investigate wastewater treatment
   34  facilities within 1 mile of the affected beach waters or public
   35  bathing place to determine if a facility experienced an incident
   36  that may have contributed to the contamination and provide the
   37  results of the investigation in writing or by electronic means
   38  to the municipality or county, as applicable.
   39         (c)The department shall adopt by rule a sign to be used
   40  when it issues a health advisory against swimming in affected
   41  beach waters or public bathing places due to elevated levels of
   42  fecal coliform, Escherichia coli, or enterococci bacteria in the
   43  water. The sign must include the following language: “THIS WATER
   44  BODY HAS BEEN VERIFIED BY THE FLORIDA DEPARTMENT OF HEALTH TO BE
   45  CONTAMINATED WITH FECAL BACTERIA. RESTORATION IN COMPLIANCE WITH
   46  STATE WATER QUALITY STANDARDS IS REQUIRED. THIS WATER BODY
   47  PRESENTS A RISK OF INFECTION OR ILLNESS. AVOID SWIMMING AND USE
   48  CAUTION TO AVOID INGESTING THE WATER OR EXPOSING OPEN WOUNDS.
   49  SECTION 514.023, FLORIDA STATUTES.” The department shall require
   50  health advisory signs to be displayed in conspicuous areas
   51  around affected beach waters or public bathing places until
   52  subsequent testing of the water shows that the bacteria levels
   53  meet the department’s standards.
   54         (d)Municipalities and counties are responsible for
   55  maintaining health advisory signs in affected beach waters and
   56  public bathing places that they own. The department is
   57  responsible for maintaining health advisory signs in affected
   58  beach waters and public bathing places owned by the state. The
   59  department may coordinate with the Department of Environmental
   60  Protection and the Fish and Wildlife Conservation Commission to
   61  implement the signage requirements of this paragraph.
   62         (e)The department shall monitor affected beach waters and
   63  public bathing places for compliance with the signage
   64  requirements of this subsection, ensuring that signage is posted
   65  appropriately until the bacteria contamination is resolved.
   66         Section 2. This act shall take effect July 1, 2022.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to the Safe Waterways Act; amending s.
   74         514.023, F.S.; requiring, rather than authorizing, the
   75         Department of Health to adopt and enforce certain
   76         rules; requiring, rather than authorizing, the
   77         department to issue health advisories under certain
   78         circumstances; requiring the department to notify a
   79         municipality or county if the department issues a
   80         health advisory against swimming on the basis of
   81         elevated bacteria levels in a public bathing place
   82         within the municipality’s or county’s jurisdiction;
   83         requiring the department to adopt by rule a certain
   84         health advisory sign; providing requirements for the
   85         sign; requiring the sign to be posted in a specified
   86         manner and maintained until subsequent testing shows
   87         the water’s bacteria levels meet the department’s
   88         standards; providing that municipalities and counties
   89         are responsible for maintaining the health advisory
   90         signs for affected beach waters and public bathing
   91         places that they own; providing that the department is
   92         responsible for maintaining the health advisory signs
   93         for affected beach waters and public bathing places
   94         owned by the state; authorizing the department to
   95         coordinate with the Department of Environmental
   96         Protection and the Fish and Wildlife Conservation
   97         Commission to implement such signage requirements;
   98         requiring the department to monitor the affected beach
   99         waters and public bathing places for compliance with
  100         the signage requirements; providing an effective date.