Senate Bill 2240
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Florida Senate - 2000 SB 2240
By Senator Saunders
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1 A bill to be entitled
2 An act relating to the prevention of lead
3 poisoning; creating the Florida Lead Poisoning
4 Prevention Act; providing a short title;
5 providing legislative findings and intent;
6 providing for the training and certification or
7 licensure of persons who perform lead-hazard
8 reduction activities; providing definitions;
9 creating the Florida Lead-based Paint Hazard
10 Reduction Program; designating the Department
11 of Business and Professional Regulation as the
12 agency that implements, administers, and
13 enforces the program; requiring the department,
14 by a specified date, to issue rules for the
15 development and approval of training programs;
16 providing minimum requirements for such rules;
17 requiring the department to establish training
18 and licensure requirements for inspectors, risk
19 assessors, lead-reduction planners and project
20 designers, and lead contractors and
21 certification requirements for their employees;
22 requiring the department to accept training
23 completed after a specified date in full or
24 partial satisfaction of these training
25 requirements; requiring the department to
26 establish certain fees pertaining to licensure;
27 providing that only licensed or certified
28 persons may perform or represent that they are
29 qualified to perform certain activities, and
30 providing exceptions; exempting certain state
31 or county employees from certain license fees;
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1 providing for establishing standards; providing
2 for rulemaking; allowing the issuance of
3 reprimands and the revocation or suspension of
4 licenses; allowing the department to impose a
5 civil penalty; providing that each day of a
6 violation constitutes a separate violation;
7 requiring the department to make available to
8 licensees and certified persons a copy of
9 certain federal regulations; providing for fees
10 and allowing refunds thereof; providing for the
11 department to issue orders prescribing
12 corrective action; providing for violations;
13 providing penalties; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Florida Lead Poisoning Prevention Act.--
19 (1) This section may be cited as the "Florida Lead
20 Poisoning Prevention Act."
21 (2)(a) The Legislature finds that childhood lead
22 poisoning is a devastating environmental health hazard to the
23 children of this state. Exposure to even low levels of lead
24 increases a child's risks of developing permanent reading and
25 learning disabilities, deficiencies in intelligence quotient,
26 impaired hearing, reduced attention span, hyperactivity,
27 behavior problems, and other neurological problems. It is
28 estimated that thousands of children in this state who are
29 below the age of 6 years are affected by lead poisoning.
30 Childhood lead poisoning is dangerous to the public health,
31 safety, and welfare.
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1 (b) Childhood lead poisoning is the result of
2 environmental exposure to lead. The most significant source of
3 environmental lead is lead-based paint, particularly in
4 housing built before 1978, which becomes accessible to
5 children as paint chips, house dust, and soil contaminated by
6 lead-based paint. The danger posed by lead-based paint hazards
7 can be controlled by abatement or interim controls of
8 lead-based paint or by measures to limit exposure to
9 lead-based paint hazards.
10 (c) It is crucial that the identification of lead
11 hazards and subsequent implementation of interim control or
12 abatement procedures be accomplished in a manner that does not
13 result in additional harm to the public or to the environment.
14 Improper lead abatement constitutes a serious threat to
15 persons who reside in or otherwise use an affected structure
16 or site, to those performing such work, to the environment,
17 and to the general public.
18 (d) The Legislature finds that it is in the public
19 interest to establish minimum standards for the training and
20 certification or licensure of all persons who perform
21 lead-hazard reduction activities, including inspections, risk
22 assessments, and planning and performance of interim controls
23 or abatement measures.
24 (3) As used in this section, the term:
25 (a) "Abatement" means any set of measures designed to
26 eliminate lead-based paint hazards, in accordance with
27 standards developed by the department, including:
28 1. The removal of lead-based paint and
29 lead-contaminated dust, the permanent containment or
30 encapsulation of lead-based paint, the replacement of
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1 lead-painted surfaces or fixtures, and the removal or covering
2 of lead-contaminated soil; and
3 2. All preparation, cleanup, disposal, and
4 post-abatement clearance testing activities associated with
5 such measures.
6 (b) "Accessible surface" means an interior or exterior
7 surface painted with lead-based paint which is accessible for
8 a young child to mouth or chew.
9 (c) "Department" means the Department of Business and
10 Professional Regulation.
11 (d) "Friction surface" means an interior or exterior
12 surface that is subject to abrasion or friction, including
13 certain window, floor, and stair surfaces.
14 (e) "Impact surface" means an interior or exterior
15 surface or fixture that is subject to damage by repeated
16 impacts, for example, certain parts of door frames.
17 (f) "Inspection" means a surface-by-surface
18 investigation to determine the presence of lead-based paint
19 and the production of a report explaining the results of the
20 investigation.
21 (g) "Interim controls" means a measure or set of
22 measures, as specified by the department, which are taken by
23 the owner of a structure and are designed to temporarily
24 control human exposure or likely exposure to lead-based paint
25 hazards.
26 (h) "Lead-based paint" means paint or other surface
27 coatings that contain lead in an amount that exceeds limits
28 established by the department.
29 (i) "Lead-contaminated dust" means surface dust in
30 residential dwellings or in other facilities occupied or
31 regularly used by children which contains an area or a mass
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1 concentration of lead in an amount that exceeds levels
2 determined by the department to pose a threat of adverse
3 health effects in pregnant women or young children.
4 (j) "Lead-contaminated soil" means exposed soil on
5 residential real property or on other sites frequented by
6 children which contains lead in an amount that equals or
7 exceeds levels determined by the department to be hazardous to
8 human health.
9 (k) "Lead-contaminated waste" means any discarded
10 material resulting from an abatement activity which fails to
11 meet the toxicity standards set by the department.
12 (l) "Lead firm" means a company, partnership,
13 corporation, sole proprietorship, association, or other
14 business entity that employs or contracts with persons for the
15 performance of lead-based paint hazard reduction activities.
16 (m) "Lead hazard" means any condition that causes
17 exposure to lead from lead-contaminated dust,
18 lead-contaminated soil, or lead-contaminated paint that is
19 deteriorated or present in accessible surfaces, friction
20 surfaces, or impact surfaces which exposure is likely to
21 result in adverse effects on human health, as established by
22 the department.
23 (n) "Lead-based paint activities" means the inspection
24 and assessment of lead hazards and the planning,
25 implementation, and inspection of interim controls and
26 abatement activities, in accordance with standards and
27 procedures established by the department.
28 (o) "Lead-project designer" means a person who plans
29 or designs abatement activities and interim controls.
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1 (p) "Lead inspector" means a person who conducts
2 inspections to determine the presence of lead-based paint or
3 lead-based paint hazards.
4 (q) "Risk assessment" means an onsite investigation to
5 ascertain and report the existence, nature, severity, and
6 location of lead-based paint hazards in or on any structure or
7 site, including:
8 1. Gathering information regarding the age and history
9 of the structure and the occupancy or other use of the
10 structure or site by young children;
11 2. Conducting a visual inspection;
12 3. Performing limited wipe sampling or other
13 environmental sampling techniques;
14 4. Undertaking such other activity as may be
15 appropriate; and
16 5. Producing a report explaining the results of the
17 investigation.
18 (r) "Lead-risk assessor" means a person who conducts
19 onsite risk assessments of lead hazards.
20 (s) "Lead worker" means any person who performs
21 lead-hazard reduction activities.
22 (4)(a) There is created the Florida Lead-based Paint
23 Hazard Reduction Program. The Department of Business and
24 Professional Regulation is designated as the state agency
25 responsible for implementing, administering, and enforcing the
26 program.
27 (b) The department, not later than 1 year after the
28 effective date of regulations adopted by the federal
29 Environmental Protection Agency which relate to lead-paint
30 abatement certification programs, shall issue regulations
31 requiring the development and approval of training programs
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1 for licensing or certifying persons who perform lead-hazard
2 detection or lead-hazard reduction services, which may
3 include, but need not be limited to, lead inspectors, risk
4 assessors, lead-project designers, lead firms, lead
5 supervisors, and employees of such persons. The regulations
6 for the approval of training programs must include minimum
7 requirements for the approval of training providers,
8 curriculum requirements, training hours, hands-on training,
9 examinations of competency and proficiency, and
10 training-program quality control. The approval program must
11 provide for reciprocal approval of training programs that have
12 comparable requirements and have been approved by another
13 state or the United States. The approval program may be
14 designed to meet the minimum requirements for federal approval
15 under section 404 of the federal Toxic Substances Control Act,
16 and the department may apply for such approval. The department
17 shall establish fees for the approval of such training
18 programs.
19 (c)1. The department, not later than 1 year after the
20 effective date of regulations adopted by the federal
21 Environmental Protection Agency which relate to lead-paint
22 abatement certification programs, shall establish training and
23 licensure requirements for inspectors, risk assessors,
24 lead-reduction planners and project designers, and lead
25 contractors and certification requirements for their
26 employees. In order to be licensed under this section, a
27 person must have successfully completed the appropriate
28 training program, passed an examination approved by the
29 department for the appropriate category of license, and
30 completed any additional requirements imposed by the
31 department by rule. The department may accept any lead-hazard
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1 training completed after January 1, 1990, in full or partial
2 satisfaction of the training requirements. The department may
3 establish requirements for periodic refresher training for all
4 licensees as a condition of license renewal. The department
5 shall establish, for all licenses issued under this section,
6 examination fees, license fees, and renewal fees that reflect
7 the cost of issuing and renewing such licenses, regulating
8 licensed activities, and administering the program.
9 (2) On and after the effective date of rules adopted
10 under this section, a person may not perform or represent that
11 he or she is qualified to perform any lead-based paint
12 activities unless he or she possesses the appropriate
13 licensure or certification, as determined by the department,
14 or unless he or she is:
15 (a) An owner performing abatement upon that owner's
16 residential dwelling unit in which he or she resides;
17 (b) An employee of a property management company doing
18 routine cleaning and repainting upon property managed by that
19 company where there is insignificant damage to, wear of, or
20 corrosion of existing lead-containing paint or coating
21 substances; or
22 (c) An owner routinely cleaning or repainting his or
23 her property where there is insignificant damage to, wear of,
24 or corrosion of existing lead-contaminated paint or coating
25 substances.
26 (3) A person who is employed by a state or county
27 health department or a state or federal agency to conduct lead
28 investigations to determine the sources of lead poisonings, as
29 determined by the department, must be licensed under
30 subsection (2) as a lead-risk assessor but need not pay any
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1 fees otherwise required under this section or under rules
2 adopted by the department under this section.
3 (d) The department shall adopt rules establishing
4 standards of acceptable professional conduct for the
5 performance of lead-hazard reduction activities, as well as
6 specific acts and omissions that constitute grounds for the
7 reprimand of any licensee, the suspension or revocation of a
8 license, or the denial of the issuance or renewal of a
9 license.
10 (5) The department shall adopt all rules necessary for
11 the implementation and enforcement of this section. In
12 addition to issuing a reprimand or revoking or suspending a
13 license, the department may impose upon a person who violates
14 any provision of this section or any rule adopted thereunder
15 or any term or condition of licensure a civil penalty of not
16 more than $10,000, which may be in addition to any reprimand
17 issued to, or license revocation or suspension imposed upon,
18 the person. If any violation is a continuing one, each day of
19 the violation constitutes a separate violation for the purpose
20 of computing the applicable civil penalty.
21 (6)(a) The department shall make available to all
22 persons who are licensed or certified under this section a
23 copy of the current federal regulations affecting the
24 licensees or certified persons.
25 (b) The department may charge an application fee, a
26 license fee, a license renewal fee, or a similar fee in an
27 amount set by the department. Each such fee must be in an
28 amount such that the total of the fees charged approximates
29 the total of the direct and indirect costs to the state of the
30 operation of the licensing program. Fees may be refunded for
31 good cause as determined by the department.
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1 (c) The department may issue an order to any person
2 who is in violation of this section or of any rule adopted
3 thereunder. The order must specify the provisions of this
4 section or of the rules which are alleged to have been
5 violated and must order necessary corrective action to be
6 taken within a reasonable time that is prescribed in the
7 order.
8 (d) The department may, in accordance with rules
9 adopted under this section, revoke or suspend any license,
10 certification, approval, or accreditation issued under this
11 section.
12 (7) It is unlawful for any person to engage in
13 training or lead-based paint activities regulated under this
14 section except in such a manner as to conform to and comply
15 with this section and all applicable rules adopted and orders
16 issued thereunder.
17 (8) Any person who violates a provision of this
18 section is guilty of a misdemeanor.
19 Section 2. This act shall take effect July 1, 2000.
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22 SENATE SUMMARY
23 Creates the Florida Lead Poisoning Prevention Act.
Provides for the training and certification or licensure
24 of persons who perform lead-hazard reduction activities.
Creates the Florida Lead-based Paint Hazard Reduction
25 Program. Designates the Department of Business and
Professional Regulation as the agency that implements,
26 administers, and enforces the program. Provides for the
training and licensure of persons who implement
27 lead-reduction measures. (See bill for details.)
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