Title: Sampling of Beach Waters and Public Bathing Spaces

Summary: Revises provisions related to bacteriological sampling of beach waters & public bathing places, including rule adoption & enforcement; issuance of health advisories; closure of beach waters & public bathing places; & notification & signage requirements.

Full Text:
An act relating to sampling of beach waters and public bathing spaces; amending s. 514.023, F.S.; requiring, rather than authorizing, the Department of Health to adopt and enforce certain rules; revising requirements for such rules; requiring, rather than authorizing, the Department of Health to issue certain health advisories; directing the department to require closure of beach waters and public bathing places under certain circumstances; requiring that such closures remain in effect for a specified period; requiring the department, municipalities and counties, and owners of public boat docks, marinas, and piers to provide certain notice; preempting the issuance of certain health advisories for public bathing places to the state; requiring the department to adopt by rule a health advisory sign; providing requirements for such sign; providing that municipalities and counties are responsible for posting and maintaini ng such signs around certain affected beach waters and public bathing places; providing that the Department of Environmental Protection is responsible for posting and maintaining such signs around certain affected beach waters and public bathing places; re quiring the Department of Health to coordinate with the Department ENROLLED CS/CS/HB 2024 Legislature of Environmental Protection and the Fish and Wildlife Conservation Commission to implement signage requirements; providing an effective date. Be It Enacted by the Legislature of the St ate of Florida: Section 1. Section 514.023, Florida Statutes, is amended to read: 514.023 Sampling of beach waters;and public bathing places; health advisories;signage.-(1) As used in this section, the term "beach waters" means the waters along the coastal and intracoastal beaches and shores of this the state, and includes salt water and brackish water. (2) The department shall may adopt and enforce rules to protect the health, safety, and welfare of persons using the beach waters and public bathing places of this the state. The rules must establish health standards and prescribe procedures and timeframes for bacteriological sampling of beach waters and public bathing places. At a minimum, the rules must require owners of beach waters and publi cbathing places to notify the department within hours after a test result indicates that a sample of the beach waters or public bathing place fails to meet standards established by the department. (3) The department shall, within hours or the next business day, whichever occurs first, may issue health ENROLLED CS/CS/HB 2024 Legislature advisories if the quality of beach waters or a public bathing place fails to meet standards established by the department and shall require closure of beach waters and public bathing places that fail to meet the department's standards if it deems closure is necessary to protect the health, safety, and welfare of the public. Closures must remain in effect until the quality of the beach waters or public bathing place is restored in accordance with the de partment's standards and until the department has removed any related health advisories that it issued.The issuance of health advisories related to the results of bacteriological sampling of beach waters and public bathing places is preempted to the state.(4)(a) When the department issues a health advisory against swimming in beach waters or a public bathing place on the basis of finding elevated levels of fecal coliform, Escherichia coli,or enterococci bacteria in a water sample, the department shall,within hours or the next business day, whichever occurs first, concurrently notify the municipality or county in which the affected beach waters or public bathing place is are located, whichever has jurisdiction, and the local office of the Department of Environmental Protection, and the local affiliates of national television networks in the affected area of the advisory. (b) Municipalities and counties shall, within hours or the next business day, whichever occurs first, notify the ENROLLED CS/CS/HB 2024 Legislature department of any incident that makes the water quality of beach waters or public bathing places within their respective jurisdictions unsafe. Owners of public boat docks, marinas, and piers shall, within hours or the next business day, whichever occurs first, notify the jurisdictional municipality or county of any incident that makes the water quality of beach waters in which the dock, marina, or pier is located unsafe. (c) The local office of the Department of Environmental Protection shall promptly investigate wa stewater treatment facilities within mile of the affected beach waters or public bathing place to determine if a facility experienced an incident that may have contributed to the contamination and provide the results of the investigation in writing or by electronic means to the municipality or county, as applicable. (d) The department shall adopt by rule a sign that must be used when it issues a health advisory against swimming in affected beach waters or public bathing places due to elevated levels of fecal coliform, Escherichia coli,or enterococci bacteria in the water. The department shall require that the health advisory sign be no less than 16.5 inches by inches in diameter and posted at beach access points and in conspicuous areas around affect ed beach waters and public bathing places until subsequent testing of the water demonstrates that the bacteria levels meet the standards established by the department. ENROLLED CS/CS/HB 2024 Legislature (e) Municipalities and counties are responsible for posting and maintaining health adv isory signs as described in paragraph (d) around affected beach waters and public bathing places owned by them. The Department of Environmental Protection is responsible for posting and maintaining health advisory signs around affected beach waters and pub lic bathing places owned by the state. The department shall coordinate with the Department of Environmental Protection and the Fish and Wildlife Conservation Commission as necessary to implement the signage requirements of this subsection. Such signage mus tbe posted and maintained in compliance with this subsection until the health advisory is no longer in effect. Section 2. This act shall take effect July 1, 2024.