Senate Bill 0278

    Florida Senate - 1999                                   SB 278

    By Senator Sullivan





    22-300A-99

  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 certain persons

  7         providing compressed air for compensation;

  8         providing penalties; providing an effective

  9         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 adopt

14  rules establishing maximum allowable levels for contaminants

15  in compressed air used for recreational sport diving in this

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

17  consideration the levels of contaminants allowed by the United

18  States Navy and the Occupational Safety and Health Act of

19  1970, as amended, for nondecompression air diving.

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 Senate - 1999                                   SB 278
    22-300A-99




  1  must submit to the Department of Health, in containers

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

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

  4  Samples shall be submitted at intervals determined by the

  5  department.

  6         (4)  The Department of Health shall test air samples

  7  for contaminant levels. If a sample meets the department's

  8  standards for allowable levels of contaminants, it shall issue

  9  the person providing the sample a certificate so stating. If a

10  sample fails to meet the department's standards for allowable

11  levels of contaminants, it must notify the person providing

12  the sample 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)  The Department of Health shall establish fees

22  adequate to cover its costs of testing air samples, which fees

23  may not exceed $50 a year for each premises at which

24  compressed air is provided.

25         (7)  It is unlawful for any person to provide, for

26  compensation, compressed air for recreational sport diving in

27  this state:

28         (a)  Without having a currently valid certificate from

29  the Department of Health evidencing that the air meets the

30  department's standards for contaminant levels.

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






    Florida Senate - 1999                                   SB 278
    22-300A-99




  1         (b)  After receiving notice from the Department of

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

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

  4         (8)  Any person who violates this section is liable

  5  for:

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

  7  the Department of Health; and

  8         (b)  Any damages resulting from the violation.

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

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12                          SENATE SUMMARY

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