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Resolution 072-2008 Commissioner Spehar RESOLUTION NO. 072 - 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPORTING AND ENCOURlNG THE ENACTMENT OF SENATE BILL 1634; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the protection of the health, safety and welfare of our citizens is a fundamental obligation of each Florida city and county local government; and WHEREAS, notification of the existence of nearby wastewater facilities in violation of Part 1, Chapter 403, Florida Statutes, is a critical prerequisite to the protection of the health, safety and welfare of our citizens; and WHEREAS, identification by the Florida Department of Environmental Protection (DEP) of the source of sewage contaminants which result in health advisories that prohibit swimming in beach waters of the State of Florida assists in the protection of the health, safety and economic interests ofthe citizens of the State of Florida; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: That Monroe County hereby supports the enactment of Senate Bill 1634" a copy of which is attached hereto, and encourages the Florida legislature to enact such Bill. Section 2. That the Clerk ofthe Clerk is hereby It is hereby directed that this Resolution of support be forwarded to the Governor of the State of Florida, Representative Ron Saunders and Senator Larcenia 1. Bullard and other members of the local legislative delegation. Section 3. This Resolution shall become effective on the date written below. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 19th day of March, A.D., 2008. Not Yes Yes ::J: C) 0 Yes z )>- :::Un:1~ Present OJ:::''; r11 _._ -" n~~""r"- s~n~ , - = <=> ..,. :::It ::>- ;;0 w MayorCharles "Sonny" McCoy Mayor Pro Tem Mario DiGennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M. Spehar Ye!=; ~~ _c~_, ,~ .."-.,, :w:- ::.:;r- _ :x C'l TY COMi,ijSSIOJm~ ~" .. .;:; UNTY, FWRlDA.,,- .:'; . U)- Deputy Clerk By "'~IE A. HUTTON ", ,_ AI 'h,l:\T,IPltl.JW I~ " H!l ..__" ''';I.~~o IMPROVE FLORIDA'S WATER QUALITY SENATE BILL 1634 FACT SHEET I. Senate Bill 1634 protects all Florida's water , 10 Senate Bill 1634 has two simple provisions that when enacted significantly will improve the quality of water in Florida 10 Provision One: Senate Bi1l1634 will require the Department of Environmental Protection to notify each County and City within a 5 mile radius in writing within 5 days of discovering a wastewater facility violation of part 1 of Chapter 403, Florida Statutes. This notice is critical to Counties and Cities working to improve water qualities within their boundaries .. Provision Two: Senate Bill 1634 will also require when Florida's beaches are closed as a result of Health Department bacteriological water sampling that the Wastewater Compliance Evaluation Section of the Department of Environmental Protection will be required to identify the source of the sewage containments. ACTION NEEDED: Contact your local State Representative and State Senator legislators and urge them to enact Senate Bi1l1634 this Legislative Session. . Florida Senate - 2008 By Senator Bennett sa 1634 21-02711-08 20081634 1 A bill to be entitled 2 An act relating to the management of wastewater; amending 3 s. 514.023, F.S.; requiring that the Wastewater Compliance 4 Evaluation Section in the Department of Environmental 5 Protection identify sewage contaminant sources when 6 certain health advisories prohibiting swimming in beach 7 waters are issued; requiring that the department notify 8 certain counties and municipalities after discovering that 9 a wastewater facility is in violation of laws concerning 10 pollution control; providing an effective date. n 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsections (1), (2), and (3) of section 15 514.023, Florida Statutes, are amended to read: 16 514.023 Sampling of beach waters; health advisories.-- 17 (1) As used in this section, the term "beach waters" means 18 the waters along the coastal and intracoastal beaches and shores 19 of the state, and includes salt water and brackish water. 20 ~l~ The department may adopt and enforce rules to 21 protect the health, safety, and welfare of persons using the 22 beach waters of the state. The rules must establish health 23 standards and prescribe procedures and timeframes for 24 bacteriological sampling of beach waters. 25 Jll~ The department may issue health advisories if the 26 quality of beach waters fails to meet standards established by 27 the department. The issuance of health advisories related to the 28 results of bacteriological sampling of beach waters is preempted 29 to the state. When a health advisory that prohibits swimming in Page 1 of 2 CODING: Words GtricJ[f:R are deletions; words underlined are additions. Florida Senate - 2008 SB 1634 21-02711-08 20081634 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 beach waters is issued on the basis of the results of the bacterioloqical samplinq of waters or when departmental rules or another law requires issuance of a health advisory that prohibits swimming in beach waters on the basis of such results, the Wastewater Compliance Evaluation Section of the Department of Environmental Protection shall identify the source of the sewage contaminants. (3) Fer I3U:EI38eEs af thio 60otisR, tk8 teEHl "seack uateEs" meeRS the .laters alen~ tRE eeastal aaa iatr8Eeaatal 6caERes aRa Ghares sf the stat8, ana iaeleaes salt 1,13ter aHa eraeltiSfl .,J'atcr. Section 2. The Department of Environmental Protection shall, within 5 days after discovering that a wastewater facility is in violation of part I of chapter 403, Florida Statutes, notify each county and municipality within a 5-mile radius of the facility. The notice must be provided in writinq for each violation discovered. Section 3. This act shall take effect July 1, 2008. Page 2 of 2 CODING: Words Gtrieken are deletions; words underlined are additions. Statutes & Constitution :View Statutes: flsenate.gov Page 1 of 1 Select Year: 2007 Go The 2007 Florida Statutes Title XXXIII Chaoter514 REGULATION OF TRADE, COMMERCE, PUBLIC SWIMMING AND INVESTMENTS, AND SOLICITATIONS BATHING FACILITIES 514.023 Sampling of beach waters; health advlsories.-- View Entire Chaotex (1) The department may adopt and enforce rules to protect the health, safety, and welfare of persons using the beach waters of the state. The rules must establish health standards and prescribe procedures and tlmeframes for bacteriological sampling of beach waters. (2) The department may issue health advisories If the quality of beach waters fails to meet standards established by the department. The issuance of health advisories related to the results of bacteriological sampling of beach waters is preempted to the state. (3) For purposes of this section, the term "beach waters" means the waters along the coastal and intracoastal beaches and shores of the state, and includes salt water and brackish water. (4) Contingent upon legislative appropriation to the department in the amount of $600,000 nonrecurring, the department will perform a 3-year study to determine the water quality at beaches throughout the state. The study will be performed in all counties that have public-access saltwater and brackish water beaches. Hlstory.us. 2, ch. 2000-309. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright <02000-2006 State of Flor1da. http://www.flsenate.gov/statutes/index.cfm?p=2&App _Mode=DisplaL Statute&Search _ St... 2/29/2008