THE BILL ITSELF
SB 1042
Public Waters
Florida Senate - 2026 SB 1042 By Senator Rodriguez 40-01434-26 20261042__
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A bill to be entitled
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An act relating to public waters; amending s. 373.118,
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F.S.; prohibiting local governments and special
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districts from applying for a permit to establish or
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maintain a public mooring field under certain
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circumstances; providing applicability; amending s.
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514.023, F.S.; requiring, rather than authorizing, the
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Department of Health to adopt and enforce certain
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rules; providing minimum requirements for such rules;
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requiring counties, municipalities, special districts,
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and, if applicable, the state to issue health
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advisories under certain circumstances and within a
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specified timeframe; deleting the preemption to the
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state of certain health advisories; requiring
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counties, municipalities, special districts, and, if
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applicable, the state to provide the Department of
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Environmental Protection and local affiliates of
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national television networks certain notification
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within a specified timeframe; requiring counties,
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municipalities, special districts, and, if applicable,
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the state to close certain beach waters and public
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bathing places; requiring that a closure remain in
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effect until certain conditions are met; requiring
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counties, municipalities, special districts, and
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certain owners to provide specified entities certain
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notifications under certain circumstances; requiring
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the Department of Environmental Protection to provide
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special districts the results of certain
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investigations, if applicable, and by certain means;
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requiring the department, in coordination with the
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Department of Environmental Protection and the Fish
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and Wildlife Conservation Commission, to adopt by rule
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a health advisory sign for a specified purpose;
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providing requirements for such sign; requiring
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counties, municipalities, special districts, and the
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Department of Environmental Protection, respectively,
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to post and maintain health advisory signs; specifying
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where health advisory signs must be posted and for how
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long; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) of section 373.118, Florida
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Statutes, is amended to read:
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373.118 General permits; delegation.—
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(4) (a) The department shall adopt by rule one or more
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general permits for local governments to construct, operate, and
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maintain public mooring fields, public boat ramps, including
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associated courtesy docks, and associated parking facilities
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located in uplands. Such general permits adopted by rule shall
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include provisions to ensure compliance with part IV of this
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chapter, subsection (1), and the criteria necessary to include
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the general permits in a state programmatic general permit
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issued by the United States Army Corps of Engineers under s. 404
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of the Clean Water Act, Pub. L. No. 92-500, as amended, 33
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U.S.C. ss. 1251 et seq. A facility authorized under such general
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permits is exempt from review as a development of regional
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impact if the facility complies with the comprehensive plan of
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the applicable local government. Such facilities shall be
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consistent with the local government manatee protection plan
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required pursuant to chapter 379. Mooring fields authorized
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under such general permits may not exceed 100 vessels. All
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facilities permitted under this section shall be constructed,
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maintained, and operated in perpetuity for the exclusive use of
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the general public. The department is authorized to have
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delegation of authority from the Board of Trustees of the
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Internal Improvement Trust Fund to issue leases for mooring
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fields that meet the requirements of such general permits. The
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department shall initiate the rulemaking process within 60 days
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after the effective date of this act.
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(b) Notwithstanding any provision of law to the contrary, a
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county, municipality, or special district may not apply for a
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permit to establish or maintain a mooring field outside of its
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territorial boundaries. Notwithstanding any provision of law to
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the contrary, a county may not apply for a permit to establish
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or maintain a mooring field within an incorporated area. This
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paragraph does not apply to a mooring field that has been
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approved by all jurisdictional local governments or that has
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been issued a final, nonappealable permit by the department
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before December 31, 2025.
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Section 2. Section 514.023, Florida Statutes, is amended to
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read:
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514.023 Sampling of beach waters; and public bathing
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places; health advisories and signage .—
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(1) As used in this section, the term “beach waters” means
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the waters along the coastal and intracoastal beaches and shores
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of this the state, and includes salt water and brackish water.
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(2) The department shall may adopt and enforce rules to
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protect the health, safety, and welfare of persons using the
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beach waters and public bathing places of this the state. The
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rules must :
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(a) Establish health standards and prescribe procedures and
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timeframes for bacteriological sampling of beach waters and
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public bathing places.
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(b) Require owners of beach waters and public bathing
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places to notify the department within 24 hours after a test
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result indicates that a sample of the beach waters or water in a
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public bathing place fails to meet standards established by the
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department.
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(c) Prescribe minimum sanitation standards relating to
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discharge that is disposed of in beach waters or the water at a
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public bathing place.
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(3) A county, municipality, or special district, or the
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state if the affected beach waters and public bathing places are
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owned by this state, must The department may issue , within 24
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hours after a sampling or the next business day, whichever
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occurs first, health advisories if the quality of beach waters
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or a public bathing place fails to meet standards established by
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the department. The issuance of health advisories related to the
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results of bacteriological sampling of beach waters is preempted
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to the state.
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(4) (a) When a county, municipality, or special district, or
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the state if the affected beach waters and public bathing places
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are owned by this state, the department issues a health advisory
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against swimming in beach waters or a public bathing place on
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the basis of finding elevated levels of fecal coliform,
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Escherichia coli, or enterococci bacteria in a water sample, the
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department shall concurrently notify the municipality or county ,
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municipality, or special district in which the affected beach
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waters or public bathing places are located, or the state,
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whichever has jurisdiction, must notify, within 24 hours after a
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sampling or the next business day, whichever occurs first, and
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the local office of the Department of Environmental Protection
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and the local affiliates of national television networks in the
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affected area , of the advisory.
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(b) The county, municipality, or special district, or the
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state if the affected beach waters and public bathing places are
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owned by this state, in which the affected beach waters or
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public bathing place is located must close the beach waters or
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public bathing places that fail to meet the department’s
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standards if a closure is deemed necessary to protect the
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health, safety, and welfare of the public. A closure remains in
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effect until the quality of the beach waters or public bathing
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place is restored and complies with the department’s standards
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and until the county, municipality, special district, or state,
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as applicable, has removed any related health advisories that it
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issued.
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(5) Within 24 hours after the incident or the next business
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day, whichever occurs first:
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(a) A county, municipality, or special district shall
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notify the department of any incident that makes the water
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quality of beach waters or public bathing places within its
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jurisdiction unsafe.
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(b) An owner of a public boat dock, marina, or pier shall
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notify the appropriate county, municipality, or special district
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of any incident that makes the water quality of the beach waters
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in which the public dock, marina, or pier is located unsafe.
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(6) The local office of the Department of Environmental
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Protection shall promptly investigate wastewater treatment
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facilities located within 1 mile of the affected beach waters or
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public bathing place to determine whether if a facility
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experienced an incident that may have contributed to the
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contamination and provide the results of the investigation in
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writing or by electronic means to the municipality or county,
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municipality, or special district, as applicable.
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(7)(a) The department shall adopt by rule a health advisory
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sign that must be posted in certain locations when a county,
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municipality, special district, or the state issues a health
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advisory against swimming in affected beach waters or public
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bathing places due to elevated levels of fecal coliform,
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Escherichia coli, or enterococci bacteria in the water. The
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department shall coordinate with the Department of Environmental
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Protection and the Fish and Wildlife Conservation Commission as
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necessary to implement the signage requirements in this
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subsection.
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(b) The health advisory sign must be at least 16.5 inches
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by 30 inches in size.
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(c) The county, municipality, or special district in which
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the affected beach waters or public bathing place is located is
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responsible for posting and maintaining the health advisory
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signs around the affected beach waters and public bathing places
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owned by the county, municipality, or special district.
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(d) The Department of Environmental Protection is
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responsible for posting and maintaining the health advisory
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signs around the affected beach waters and public bathing places
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owned by this state.
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(e) A health advisory sign must be posted at each beach
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access point and in conspicuous areas around the affected beach
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waters or public bathing place. A health advisory sign must
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remain posted until subsequent testing of the water demonstrates
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that the bacteria levels meet the standards established by the
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department and the health advisory is no longer in effect.
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Section 3. This act shall take effect upon becoming a law.