Senate Bill 0278c1

    Florida Senate - 1999                            CS for SB 278

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Sullivan




    317-1818B-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; authorizing 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 Senate - 1999                            CS for SB 278
    317-1818B-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 test results meet the department's standards

  8  for allowable levels of contaminants, it shall issue a

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

10  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)  The Department of Health shall establish fees

22  adequate to cover its costs of reviewing test results and

23  providing certificates, which fees may not exceed $50 a year

24  for each premises at which 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                            CS for SB 278
    317-1818B-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  until the Department of Health issues a new certificate.

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

  6  for:

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

  8  the Department of Health; and

  9         (b)  Any damages resulting from the violation.

10         (9)  The department shall adopt rules necessary to

11  carry out the provisions of this section, which must include:

12         (a)  Maximum allowable levels of contaminants in

13  compressed air used for sport diving.

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

15  the department.

16         (c)  Procedures for the issuance of certificates and

17  notices that air fails to meet standards.

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

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20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 278

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23  Requires the Department of Health to consider the Compressed
    Gas Association's Grade E air quality standards; removes the
24  requirement that air samples be submitted to and tested by the
    Department of Health; requires air samples to be submitted to
25  certified independent laboratories for testing; adds a
    requirement that samples be tested quarterly; clarifies that
26  air sales may resume when the department issues a new
    certificate; changes the effective date to January 1, 2000.
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