House Bill 1073

    Florida House of Representatives - 1999                HB 1073

        By Representative Edwards






  1                      A bill to be entitled

  2         An act relating to recreational sport diving;

  3         requiring the Department of Health to adopt

  4         rules establishing maximum allowable levels for

  5         contaminants in compressed air used for

  6         recreational sport diving; providing for

  7         nonapplicability of such standards; providing

  8         for testing of compressed air; providing for

  9         certain notice; requiring certification of

10         persons providing compressed air for

11         recreational sport diving for compensation;

12         providing penalties; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  (1)  The Department of Health shall adopt

18  rules pursuant to ss. 120.54 and 120.536(1), Florida Statutes,

19  establishing maximum allowable levels for contaminants in

20  compressed air used for recreational sport diving in this

21  state.  In developing the rules, the department must take into

22  consideration the levels of contaminants allowed by the United

23  States Navy and the Occupational Safety and Health Act of

24  1970, as amended, for nondecompression air diving.

25         (2)  The standards prescribed under this section do not

26  apply to:

27         (a)  Any person providing compressed air for his or her

28  own use.

29         (b)  Any governmental entity using a governmentally

30  owned compressed air source for work related to the

31  governmental entity.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1073

    519-160-99






  1         (c)  Foreign registered vessels upon which a compressor

  2  is used to provide compressed air for work related to the

  3  operation of the vessel.

  4         (3)  A person who, for compensation, provides

  5  compressed air for recreational sport diving in this state

  6  must submit to the Department of Health, in containers

  7  provided by the department, a sample of such compressed air

  8  along with a copy of the schedule of fees charged for it.

  9  Samples shall be submitted at intervals determined by the

10  department.

11         (4)  The Department of Health shall test compressed air

12  samples for contaminant levels. If a sample meets the

13  department's standards for allowable levels of contaminants,

14  it shall issue the person providing the sample a certificate

15  so stating. If a sample fails to meet the department's

16  standards for allowable levels of contaminants, it must notify

17  the person providing the sample of that fact.

18         (5)  A person may not, for compensation, provide

19  compressed air for recreational sport diving unless that

20  person possesses a currently valid certificate from the

21  Department of Health which evidences that the compressed

22  compressed air meets the department's standards for allowable

23  levels of contaminants established under this section. The

24  certificate must be conspicuously posted in a location where

25  it can readily be seen by any person purchasing such

26  compressed air.

27         (6)  It is unlawful for any person to provide, for

28  compensation, compressed air for recreational sport diving in

29  this state:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1073

    519-160-99






  1         (a)  Without having a currently valid certificate from

  2  the Department of Health evidencing that the compressed air

  3  meets the department's standards for contaminant levels.

  4         (b)  After receiving notice from the Department of

  5  Health that the person's sample of compressed air has failed

  6  to meet the department's standards for contaminant levels.

  7         (7)  Any person who violates this section is liable

  8  for:

  9         (a)  A civil penalty not to exceed $500, as determined

10  by the Department of Health; and

11         (b)  Any damages resulting from the violation.

12         Section 2.  This act shall take effect July 1, 1999.

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15                          HOUSE SUMMARY

16
      Directs the Department of Health to adopt rules
17    establishing maximum allowable levels for contaminants in
      compressed air that is used for recreational sport
18    diving. Provides for the department to test samples of
      compressed air and requires persons providing compressed
19    air for compensation to submit air samples to the
      department for testing. Prohibits a person from
20    providing, for compensation, compressed air for
      recreational sport diving without certification of the
21    product's air quality from the department. Prohibits such
      a person from continuing to provide compressed air after
22    notification that the air fails to meet department
      standards. Provides penalties for violations.
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