Bill Text: FL S0526 | 2011 | Regular Session | Introduced
Bill Title: Beach Waters
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0526 Detail]
Download: Florida-2011-S0526-Introduced.html
Florida Senate - 2011 SB 526 By Senator Sobel 31-00380-11 2011526__ 1 A bill to be entitled 2 An act relating to beach waters; amending s. 514.023, 3 F.S.; requiring a report to the Governor and 4 Legislature by a certain date with certain 5 recommendations; requiring the Department of Health to 6 investigate the sources of contamination of beach 7 waters; requiring the department to develop and 8 implement a public education program regarding human 9 actions that affect the water quality of beach waters; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 514.023, Florida Statutes, is amended to 15 read: 16 514.023 ContaminationSamplingof beach waters; health 17 advisories; educational program.— 18 (1) As used in this section, the term “beach waters” means 19 the waters along the coastal and intracoastal beaches and shores 20 of the state, and includes salt water and brackish water. 21 (2) The department may adopt and enforce rules to protect 22 the health, safety, and welfare of persons using the beach 23 waters of the state. The rules must establish health standards 24 and prescribe procedures and timeframes for bacteriological 25 sampling of beach waters. 26 (3) The department may issue health advisories if the 27 quality of beach waters fails to meet standards established by 28 the department. The issuance of health advisories related to the 29 results of bacteriological sampling of beach waters is preempted 30 to the state. 31 (4) IfWhenthe department issues a health advisory against 32 swimming in beach waters on the basis of finding elevated levels 33 of fecal coliform or enterococci bacteria in a water sample, the 34 department shall concurrently notify the municipality or county 35 in which the affected beach waters are located, whichever has 36 jurisdiction, and the local office of the Department of 37 Environmental Protection, of the advisory. The local officeof38the Department of Environmental Protectionshall promptly 39 investigate wastewater treatment facilities within 1 mile of the 40 affected beach waters to determine if a facility experienced an 41 incident that may have contributed to the contamination and 42 provide the results of the investigation in writing or by 43 electronic means to the municipality or county, as applicable. 44 (5) By January 1, 2012, the department shall submit a 45 report to the Governor, the President of the Senate, and the 46 Speaker of the House of Representatives providing 47 recommendations relating to beach waters that have health 48 advisories. At a minimum, the report must: 49 (a) Provide priority ranking criteria for beach waters 50 failing to meet water quality standards established by the 51 department and rank beach waters according to these criteria; 52 (b) Propose methodologies developed by the advisory 53 committee established in s. 514.0231 for further exploration of 54 the sources of contaminants causing health advisories and 55 associated human health risks, including, but not limited to, a 56 tiered approach for performing sanitary surveys; and 57 (c) Recommend the appropriate level of funding necessary to 58 implement and administer this section. 59(5) Contingent upon legislative appropriation to the60department in the amount of $600,000 nonrecurring, the61department will perform a 3-year study to determine the water62quality at beaches throughout the state. The study will be63performed in all counties that have public-access saltwater and64brackish water beaches.65 (6) Subject to appropriations, the department, in 66 cooperation with applicable agencies, shall investigate the 67 sources of contamination of beach waters that fail to meet water 68 quality standards required to protect the public health and 69 welfare in the priority ranking order established in subsection 70 (5). The results of such investigation shall be published on the 71 department’s website. 72 (7) Subject to appropriations, the department shall 73 coordinate with the Department of Environmental Protection and 74 the Fish and Wildlife Conservation Commission to develop and 75 implement an educational program designed to inform the public 76 of human actions and behaviors that may adversely affect the 77 water quality of beach waters. The department may coordinate 78 with other agencies that have jurisdiction over the sources of 79 contamination in order to enhance efforts to minimize the 80 contamination of beach waters. 81 Section 2. This act shall take effect July 1, 2011.