Item K02Meeting Date: March 19, 2005 - MAR Division: Commissioner —District 1
Bulk Item: Yes X No Staff Contact Person: Commissioner Dixie Spehar
AGENDA ITEM WORDING:
Approval of a Resolution supporting and encouraging the enactment of Senate Bill 1634.
ITEM BACKGROUND:
Senate Bill 1634 is currently pending before the Florida legislature which provides two important tools
in protecting water quality within our boundaries. The first provision requires the Department of
Environmental Protection (FDEP) 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, Chapter 403, Florida Statutes.
The second provision requires FDEP identify the source of sewage contamination any time a beach is_
closed as a result of Health Department bacterial water sampling.
PREVIOUS RELEVANT BOCC ACTION -
N/A
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: NIA
COST TO COUNTY- NIA
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH:
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required —
DISPOSITION: AGE A #
Commissioner Spehar
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 of the 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 of the 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 J. 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 19`h day of March, A.D., 2008.
MayorCharles "Sonny" McCoy
Mayor Pro "Pena Karim DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie M. Spehar
(SEAL) BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE,OF MONROE=1 1Eix F
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Deputy Clerlc
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Mayor/Chairman
IMPROVE FLORIDA'S WATER QUALITY
17 SENATE BILL 1634
Senate Dill 1634 has two simple provisions that when enacted
significantly will improve the quality of water in Florida
Provision One: Senate Lill 1634 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
FICTIONr Representative
legislatorsState Senator
Senate Bill 1634 this Legislative Session.
Florida Senate - 2008 SB 1634
By Senator Bennett
S
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.
11
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 (2)4-1+ 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 (3)+2+ 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 are deletions; words underlined are additions.
Florida Senate - 2008 SB 1634
9
21-02711-08 20081634
30 beach waters is issued on the basis of the results of the
31 bacteriological sampling of waters or when departmental rules or
32 another law requires issuance of a health advisory that prohibits
33 swimming in beach waters on the basis of such results, the
34 Wastewater Compliance Evaluation Section of the Department of
35 Environmental Protection shall identify the source of the sewage
36 contaminants.
37 "-eaeh waters"
38
39
40 Section 2. The Department of Environmental Protection
41 shall, within 5 days after discovering that a wastewater facility
42 is in violation of part I of chapter 403, Florida Statutes,
43 notify each county and municipality within a 5-mile radius of the
44 facility. The notice must be provided in writing for each
45 violation discovered.
46 Section 3. This act shall take effect July 1, 2008.
Page 2 of 2
CODING: Words e >.r- are deletions; words underlined are additions.
Statutes & Constitution :View Statutes: flsenate.gov
Page 1 of 1
Select Year:: 2007
The 2007 Florida Stat-utes
Go
Title XXXIII Chanter 514 View Entire
REGULATION OF TRADE, COMMERCE, PUBLIC SWIMMING AND Chapter
INVESTMENTS, AND SOLICITATIONS BATHING FACILITIES
514.023 Sampling of beach waters; health advisories.--
(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 timeframes 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.
History.--s. 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 ® 2000-2006 State of Florida.
h"://wvvw.flsenate.gov/statutes/index.cfm?p=2&LApp_Mode=Display_Statute&Search St... 2/29/2008
RECEIVED
800 Dunlop Road
Sanibel, Florida 339574096
www.mysanibel.com
AREA CODE - 239
ITY COUNCIL
472-4135
DMINISTRATNE
472-3700
UILDING
472-4555
NIERGENCY MANAGEMENT 472-3111
INANCE
472-9615
EGAL
472-4359
ATURAL RESOURCES
472.3700
ARKS & RECREATION
472-9075
LANNING
4724136
OLICE
472.3111
UBLIC WORKS
472-6397
February 22, 2008
2 9 200
ivONROE COUNTY ATTORNEY E--
Dear Elected and Appointed Officials:
a,e
Senate Bill 1634, currently pending before the Florida legislators, will
provide local governments two important tools in protecting water
quality within our boundaries. Senate Bill 1634 is a short, simple piece
of legislation with only two provisions.
The first provision 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, Chapter 403, Florida Statutes. The second provision requires the
Department of Environmental Protection identify the source of sewage
contamination any time a beach is closed as a result of Health
Department bacterial water sampling.
Your local government's support is critical to the passage of this
important legislation. Enclosed are:
® A one page Fact Sheet on Senate Bill 1634
® A copy of Senate Bill 1634
• A sample resolution your legislative body can adopt and send to
your legislative delegation
Thank you for your consideration of this request. I aryl confident that
working together we can protect Florida's economy and the health and
welfare of our citizenry by improving water quality. Please do not
hesitate to contact us if you have any questions at (239) 472-3700.
Mayor
Attachments
Cc: Sanibel City Council
Judie Zimomra, City Manager
Ken Cuyler, City Attorney
Pamela Smith, City Clerk
Recycled paper I