Florida SB 1042: Public Waters

Bill Text

1042 
Public Waters 
2025-12-30T11:47:11Z 
Prohibiting local governments and special districts from applying for a permit to establish or maintain a public mooring field under certain circumstances; requiring, rather than authorizing, the Department of Health to adopt and enforce certain rules; requiring counties, municipalities, special districts, and, if applicable, the state to close certain beach waters and public bathing places, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1042 

 By Senator Rodriguez 

 40-01434-26 20261042__ 
 1 A bill to be entitled 
 2 An act relating to public waters; amending s. 373.118, 
 3 F.S.; prohibiting local governments and special 
 4 districts from applying for a permit to establish or 
 5 maintain a public mooring field under certain 
 6 circumstances; providing applicability; amending s. 
 7 514.023, F.S.; requiring, rather than authorizing, the 
 8 Department of Health to adopt and enforce certain 
 9 rules; providing minimum requirements for such rules; 
 10 requiring counties, municipalities, special districts, 
 11 and, if applicable, the state to issue health 
 12 advisories under certain circumstances and within a 
 13 specified timeframe; deleting the preemption to the 
 14 state of certain health advisories; requiring 
 15 counties, municipalities, special districts, and, if 
 16 applicable, the state to provide the Department of 
 17 Environmental Protection and local affiliates of 
 18 national television networks certain notification 
 19 within a specified timeframe; requiring counties, 
 20 municipalities, special districts, and, if applicable, 
 21 the state to close certain beach waters and public 
 22 bathing places; requiring that a closure remain in 
 23 effect until certain conditions are met; requiring 
 24 counties, municipalities, special districts, and 
 25 certain owners to provide specified entities certain 
 26 notifications under certain circumstances; requiring 
 27 the Department of Environmental Protection to provide 
 28 special districts the results of certain 
 29 investigations, if applicable, and by certain means; 
 30 requiring the department, in coordination with the 
 31 Department of Environmental Protection and the Fish 
 32 and Wildlife Conservation Commission, to adopt by rule 
 33 a health advisory sign for a specified purpose; 
 34 providing requirements for such sign; requiring 
 35 counties, municipalities, special districts, and the 
 36 Department of Environmental Protection, respectively, 
 37 to post and maintain health advisory signs; specifying 
 38 where health advisory signs must be posted and for how 
 39 long; providing an effective date. 
 40 
 41 Be It Enacted by the Legislature of the State of Florida: 
 42 
 43 Section 1. Subsection (4) of section 373.118, Florida 
 44 Statutes, is amended to read: 
 45 373.118 General permits; delegation.— 
 46 (4)(a) The department shall adopt by rule one or more 
 47 general permits for local governments to construct, operate, and 
 48 maintain public mooring fields, public boat ramps, including 
 49 associated courtesy docks, and associated parking facilities 
 50 located in uplands. Such general permits adopted by rule shall 
 51 include provisions to ensure compliance with part IV of this 
 52 chapter, subsection (1), and the criteria necessary to include 
 53 the general permits in a state programmatic general permit 
 54 issued by the United States Army Corps of Engineers under s. 404 
 55 of the Clean Water Act, Pub. L. No. 92-500, as amended, 33 
 56 U.S.C. ss. 1251 et seq. A facility authorized under such general 
 57 permits is exempt from review as a development of regional 
 58 impact if the facility complies with the comprehensive plan of 
 59 the applicable local government. Such facilities shall be 
 60 consistent with the local government manatee protection plan 
 61 required pursuant to chapter 379. Mooring fields authorized 
 62 under such general permits may not exceed 100 vessels. All 
 63 facilities permitted under this section shall be constructed, 
 64 maintained, and operated in perpetuity for the exclusive use of 
 65 the general public. The department is authorized to have 
 66 delegation of authority from the Board of Trustees of the 
 67 Internal Improvement Trust Fund to issue leases for mooring 
 68 fields that meet the requirements of such general permits. The 
 69 department shall initiate the rulemaking process within 60 days 
 70 after the effective date of this act. 
 71 (b) Notwithstanding any provision of law to the contrary, a 
 72 county, municipality, or special district may not apply for a 
 73 permit to establish or maintain a mooring field outside of its 
 74 territorial boundaries. Notwithstanding any provision of law to 
 75 the contrary, a county may not apply for a permit to establish 
 76 or maintain a mooring field within an incorporated area. This 
 77 paragraph does not apply to a m