House Bill 1073c1

    Florida House of Representatives - 1999             CS/HB 1073

        By the Committee on Health Care Licensing & Regulation and
    Representative Edwards





  1                      A bill to be entitled

  2         An act relating to recreational sport diving;

  3         providing for standards for compressed air used

  4         in recreational sport diving; providing for

  5         testing compressed air; providing exemptions;

  6         requiring certification for persons providing

  7         compressed air for compensation; providing

  8         penalties; requiring the adoption of rules;

  9         providing an effective date.

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

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13         Section 1.  (1)  The Department of Health shall

14  establish maximum allowable levels for contaminants in

15  compressed air used for recreational sport diving in this

16  state.  In developing the standards, the department must take

17  into consideration the levels of contaminants allowed by the

18  Grade "E" Recreational Diving Standards of the Compressed Gas

19  Association.

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

21  apply to:

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

23  own use.

24         (b)  Any governmental entity using a governmentally

25  owned compressed air source for work related to the

26  governmental entity.

27         (c)  Foreign registered vessels upon which a compressor

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

29  operation of the vessel.

30         (3)  A person that, for compensation, provides

31  compressed air for recreational sport diving in this state

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






    Florida House of Representatives - 1999             CS/HB 1073

    601-155-99






  1  must ensure that air to be sold is tested quarterly by a

  2  laboratory that is certified by either the American Industrial

  3  Hygiene Association or the American Association for Laboratory

  4  Accreditation and that the results of such tests are provided

  5  quarterly to the Department of Health.

  6         (4)  The Department of Health shall review the test

  7  results and if the test results meet the department's

  8  standards for allowable levels of contaminants, it shall issue

  9  a certificate to the vendor of the compressed air so stating.

10  If a sample fails to meet the department's standards for

11  allowable levels of contaminants, it must notify the vendor of

12  the compressed air of that fact.

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

14  compressed air for recreational sport diving unless that

15  person possesses a currently valid certificate from the

16  Department of Health which evidences that the compressed air

17  meets the department's standards for allowable levels of

18  contaminants established under this section. The certificate

19  must be conspicuously posted in a location where it can

20  readily be seen by any person purchasing such compressed air.

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

22  compensation, compressed air for recreational sport diving in

23  this state:

24         (a)  Without having a currently valid certificate from

25  the Department of Health evidencing that the compressed air

26  meets the department's standards for contaminant levels.

27         (b)  After receiving notice from the Department of

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

29  to meet the department's standards for contaminant levels,

30  until the Department of Health issues a new certificate.

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






    Florida House of Representatives - 1999             CS/HB 1073

    601-155-99






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

  2  for:

  3         (a)  A civil penalty not to exceed $500, determined by

  4  the Department of Health; and

  5         (b)  Any damages resulting from the violation.

  6         (8)  The department shall adopt rules pursuant to ss.

  7  120.54 and 120.536(1), Florida Statutes, necessary to carry

  8  out the provisions of this section, which must include:

  9         (a)  Maximum allowable levels of contaminants in

10  compressed air used for sport diving.

11         (b)  Procedures for the submission of test results to

12  the department.

13         (c)  Procedures for the issuance of certificates and

14  notices that compressed air fails to meet standards.

15         Section 2.  This act shall take effect January 1, 2000.

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