House Bill hb1051

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    Florida House of Representatives - 2002                HB 1051

        By Representative Prieguez






  1                      A bill to be entitled

  2         An act relating to lead poisoning prevention;

  3         creating the "Florida Lead Poisoning Prevention

  4         Act of 2002"; providing legislative findings;

  5         providing definitions; establishing the

  6         Lead-Based Paint Hazard Reduction Program

  7         within the Department of Business and

  8         Professional Regulation; providing for the

  9         adoption of rules for the licensing or

10         certification of persons performing lead hazard

11         detection and lead hazard reduction services;

12         providing rule criteria; requiring the

13         establishment of fees for the approval of

14         training programs; requiring the department to

15         establish training and licensure requirements;

16         requiring the department to establish specified

17         fees; prohibiting the performance of, or

18         training of persons to perform, any lead-based

19         paint activities regulated under the act

20         without appropriate licensure or certification;

21         providing exceptions; requiring the department

22         to adopt rules establishing standards of

23         professional conduct for the performance of

24         lead hazard detection and lead hazard reduction

25         activities and grounds for reprimand of a

26         licensee, suspension or revocation of a

27         license, and denial of issuance or renewal of a

28         license; authorizing the department to

29         promulgate rules for the implementation and

30         enforcement of the act; providing a civil

31         penalty; requiring the department to provide

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    Florida House of Representatives - 2002                HB 1051

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  1         current federal regulations to persons licensed

  2         or certified under the act; authorizing the

  3         department to issue corrective orders for

  4         violations of the act; providing a penalty;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Short title.--This act shall be known and

10  may be cited as the "Florida Lead Poisoning Prevention Act of

11  2002."

12         Section 2.  Legislative findings.--

13         (1)  The Legislature finds that childhood lead

14  poisoning is a devastating environmental health hazard to the

15  children of this state.  Exposure to even low levels of lead

16  increases a child's risks of developing permanent reading and

17  learning disabilities, intelligence quotient deficiencies,

18  impaired hearing, reduced attention span, hyperactivity,

19  behavior problems, and other neurological problems. It is

20  estimated that thousands of children below the age of 6 are

21  affected by lead poisoning in Florida. Childhood lead

22  poisoning is dangerous to the public health, safety, and

23  general welfare.

24         (2)  Childhood lead poisoning is the result of

25  environmental exposure to lead. The most significant source of

26  environmental lead exposure is lead-based paint, found

27  particularly in housing built prior to 1978, which becomes

28  accessible to children in lead-based paint chips,

29  lead-contaminated dust, and lead-contaminated soil. The danger

30  posed by lead-based paint hazards can be controlled by

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    Florida House of Representatives - 2002                HB 1051

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  1  abatement or interim controls of lead-based paint or by

  2  measures to limit exposure to lead-based paint hazards.

  3         (3)  It is crucial that the identification of lead

  4  hazards, including lead-contaminated waste, and subsequent

  5  implementation of interim controls or abatement procedures be

  6  accomplished in a manner that does not result in additional

  7  harm to the public or the environment. Improper lead hazard

  8  abatement constitutes a serious threat to persons residing in

  9  or otherwise using an affected structure or site, to those

10  performing lead hazard abatement procedures, to the

11  environment, and to the general public.

12         (4)  The Legislature finds that it is in the public

13  interest to establish minimum standards for the training,

14  certification, and licensure of all persons performing lead

15  hazard detection and lead hazard reduction activities,

16  including inspections, risk assessments, and planning and

17  performance of interim controls or abatement measures.

18         Section 3.  Definitions.--As used in this act, the

19  term:

20         (1) "Abatement" means any set of measures designed to

21  eliminate lead-based paint hazards, in accordance with

22  standards developed by the department, including removal of

23  lead-based paint and lead-contaminated dust, the permanent

24  containment or encapsulation of lead-based paint, the

25  replacement of lead-painted surfaces or fixtures, the removal

26  or covering of lead-contaminated soil, and all preparation,

27  cleanup, disposal, and postabatement clearance testing

28  activities associated with such measures.

29         (2)  "Accessible surface" means an interior or exterior

30  surface painted with lead-based paint that is accessible for a

31  young child to place in his or her mouth or to chew.

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  1         (3)  "Department" means the Department of Business and

  2  Professional Regulation.

  3         (4)  "Friction surface" means an interior or exterior

  4  surface that is subject to abrasion or friction, including

  5  certain window, floor, and stair surfaces.

  6         (5)  "Impact surface" means an interior or exterior

  7  surface or fixture that is subject to damage by repeated

  8  impacts, including certain parts of door frames.

  9         (6)  "Inspection" means a surface-by-surface

10  investigation to determine the presence of lead-based paint

11  and the provision of a report explaining the results of the

12  investigation.

13         (7)  "Interim controls" means a measure or set of

14  measures, as specified by the department, taken by the owner

15  of a structure that is designed to temporarily control human

16  exposure or likely exposure to lead-based paint hazards.

17         (8)  "Lead-based paint" means paint or other surface

18  coatings that contain lead in excess of limits established by

19  the department.

20         (9)  "Lead-contaminated dust" means surface dust in a

21  residential dwelling or in any other facility occupied or

22  regularly used by children that contains an area or mass

23  concentration of lead in excess of levels determined by the

24  department to pose a threat of adverse health effects in

25  pregnant women or young children.

26         (10)  "Lead-contaminated soil" means bare soil on

27  residential real property or on other sites frequented by

28  children that contains lead at or in excess of levels

29  determined by the department to be hazardous to human health.

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  1         (11)  "Lead-contaminated waste" means any discarded

  2  material resulting from an abatement activity that fails the

  3  toxicity characteristics determined by the department.

  4         (12)  "Lead firm" means a company, partnership,

  5  corporation, sole proprietorship, association, or other

  6  business entity that employs or contracts with persons to

  7  perform lead-based paint hazard reduction activities.

  8         (13)  "Lead hazard" means any condition that causes

  9  exposure to lead from lead-contaminated dust,

10  lead-contaminated soil, or lead-contaminated paint that is

11  characterized by deterioration or is present in accessible

12  surfaces, friction surfaces, or impact surfaces and would

13  result in adverse human health effects as established by the

14  department.

15         (14)  "Lead-based paint activities" means the

16  inspection and assessment of lead hazards and the planning,

17  implementation, and inspection of interim controls and

18  abatement activities as determined by the department.

19         (15)  "Lead project designer" means a person who plans

20  or designs abatement activities and interim controls.

21         (16)  "Lead inspector" means a person who conducts

22  inspections to determine the presence of lead-based paint or

23  lead-based paint hazards.

24         (17)  "Program" means the Florida Lead-Based Paint

25  Hazard Reduction Program within the Department of Business and

26  Professional Regulation as established by this act.

27         (18)  "Risk assessment" means an onsite investigation

28  to determine and report the existence, nature, severity, and

29  location of lead-based paint hazards in or on any structure or

30  site, including:

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  1         (a)  Information gathering regarding the age and

  2  history of the structure and the occupancy or other use by

  3  young children.

  4         (b)  Visual inspection.

  5         (c)  Limited wipe sampling or other environmental

  6  sampling techniques.

  7         (d)  Any other investigative activity as may be

  8  appropriate.

  9         (e)  Provision of a report explaining the results of

10  the investigation.

11         (19)  "Lead risk assessor" means a person who conducts

12  onsite risk assessments of lead hazards.

13         (20)  "Lead worker" means any person or employee

14  performing lead hazard detection or lead hazard reduction

15  activities.

16         Section 4.  Florida Lead-Based Paint Hazard Reduction

17  Program.--

18         (1)  There is established within the Department of

19  Business and Professional Regulation the Florida Lead-Based

20  Paint Hazard Reduction Program. The department is designated

21  as the state agency responsible for implementation,

22  administration, and enforcement of the program.

23         (2)  Not later than 1 year after the effective date of

24  regulations promulgated by the United States Environmental

25  Protection Agency relating to lead paint abatement

26  certification programs, the department shall adopt rules

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

28  requiring the development and approval of training programs

29  for the licensing or certification of persons performing lead

30  hazard detection and lead hazard reduction services, which may

31  include, but shall not be limited to, lead inspectors, lead

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    Florida House of Representatives - 2002                HB 1051

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  1  risk assessors, lead project designers, lead firms, lead

  2  supervisors, and lead workers employed by such persons or

  3  entities. Rules for the approval of training programs shall

  4  include minimum requirements for approval of training

  5  providers, curriculum requirements, training-hour

  6  requirements, hands-on training requirements, examinations of

  7  competency and proficiency, and training program quality

  8  control. The rules shall provide for reciprocal approval of

  9  training programs with comparable requirements approved by

10  other states or by the Federal Government. The approval

11  program may be designed to meet the minimum requirements for

12  federal approval under the United States Toxic Substances

13  Control Act and the department may apply for such approval.

14  The department shall establish by rule fees for the approval

15  of such training programs.

16         (3)  Not later than 1 year after the effective date of

17  regulations promulgated by the United States Environmental

18  Protection Agency relating to lead paint abatement

19  certification programs, the department shall establish

20  training, licensure, and licensure renewal requirements for

21  lead inspectors, lead risk assessors, lead reduction planners,

22  lead project designers, and lead contractors, and shall

23  establish certification requirements for workers employed by

24  such persons or entities. No person shall be licensed under

25  this act unless such person has successfully completed the

26  appropriate training program, passed an examination approved

27  by the department for the appropriate category of license, and

28  completed any additional requirement imposed by the department

29  by rule. The department is authorized to accept any lead

30  hazard training completed after January 1, 1990, in full or

31  partial satisfaction of the training requirements under this

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    Florida House of Representatives - 2002                HB 1051

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  1  act. The department may establish continuing education

  2  requirements for licensees as a condition of license renewal.

  3         (4)  The department shall by rule establish examination

  4  fees, license fees, and license renewal fees for all licenses

  5  issued under this act, provided that such fees shall be

  6  reasonable, shall reflect the cost of issuing and renewing

  7  such licenses and the cost of licensing activities regulated

  8  under the act, and shall be determined in such a manner as to

  9  approximate the total of the direct and indirect costs to the

10  state of the operation and administration of the program. Fees

11  may be refunded for good cause as determined by the

12  department.

13         (5)  On and after the effective date of rules

14  promulgated by the department as provided in subsection (3),

15  no person shall perform, represent that such person is

16  qualified to perform, or engage in the training of persons to

17  perform any lead-based paint activities regulated under this

18  act unless such person possesses the appropriate license or

19  certification as determined by the department. The

20  requirements for licensure or certification to perform

21  lead-based paint activities regulated under this act do not

22  apply to:

23         (a)  An owner of a residential dwelling unit performing

24  abatement upon the residential dwelling unit in which he or

25  she resides;

26         (b)  An employee of a property management company

27  performing routine cleaning or repainting upon property

28  managed by that company where there is insignificant damage,

29  wear, or corrosion of existing lead-based paint or

30  lead-containing coating substances; or

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  1         (c)  An owner routinely cleaning or repainting his or

  2  her property where there is insignificant damage to, wear of,

  3  or corrosion of existing lead-based paint or lead-containing

  4  coating substances.

  5

  6  A person who is employed by a state or county health

  7  department or state or federal agency to conduct lead

  8  investigations to determine the sources of lead poisonings, as

  9  determined by the department, shall be subject to licensing

10  pursuant to subsection (3) as a lead risk assessor but shall

11  not be required to pay any fees as otherwise required under

12  this act or under rules promulgated by the department under

13  this act.

14         (6)  The department shall promulgate rules pursuant to

15  ss. 120.536(1) and 120.54, Florida Statutes, establishing

16  standards of acceptable professional conduct for the

17  performance of lead hazard detection activities and lead

18  hazard reduction activities, as well as specific acts and

19  omissions that constitute grounds for the reprimand of any

20  licensee, the suspension or revocation of a license, or the

21  denial of issuance or renewal of a license. The department is

22  authorized to revoke or suspend any license, certification,

23  approval, or accreditation issued hereunder in accordance with

24  rules promulgated pursuant to this act.

25         (7)  The department is authorized to promulgate rules

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

27  necessary for the implementation and enforcement of this act.

28  In addition to any action which may be taken to reprimand a

29  licensee or to revoke or suspend a license, any person who

30  violates any provision of this act, any rule promulgated

31  pursuant to this act, or any term or condition of licensure

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    Florida House of Representatives - 2002                HB 1051

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  1  may be subject to a civil penalty of not more than $10,000 to

  2  be imposed by the department. Each day or any portion thereof

  3  in which a violation continues shall constitute a separate

  4  violation for the purpose of calculating the civil penalty

  5  imposed under this subsection.

  6         (8)  The department shall make available to all persons

  7  licensed or certified under this act current federal

  8  regulations affecting such licensees or certified persons.

  9         (9)  The department is authorized to issue a corrective

10  order to any person in violation of this act or any rule

11  promulgated pursuant thereto. The order shall specify the

12  provisions of this act or any rule alleged to have been

13  violated and shall order necessary corrective action to be

14  taken within a reasonable time to be prescribed in such order.

15         (10)  Any person who violates the provisions of this

16  act commits a misdemeanor of the second degree, punishable as

17  provided in s. 775.082 or s. 775.083, Florida Statutes.

18         Section 5.  This act shall take effect upon becoming a

19  law.

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    Florida House of Representatives - 2002                HB 1051

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Florida Lead Poisoning Prevention Act of
  4    2002." Provides legislative findings. Provides
      definitions. Establishes the Lead-Based Paint Hazard
  5    Reduction Program within the Department of Business and
      Professional Regulation. Provides for the adoption of
  6    rules for the licensing or certification of persons
      performing lead hazard detection services and lead hazard
  7    reduction services. Provides rule criteria. Requires the
      establishment of fees for the approval of training
  8    programs. Requires the department to establish training
      and licensure requirements. Requires the department to
  9    establish specified fees. Prohibits the performance of,
      or training of persons to perform, any lead-based paint
10    activities regulated under the act without appropriate
      licensure or certification and provides exceptions.
11    Requires the department to adopt rules establishing
      standards of professional conduct for the performance of
12    lead hazard detection and lead hazard reduction
      activities and for grounds for reprimand of a licensee,
13    suspension or revocation of a license, or denial of
      issuance or renewal of a license. Authorizes the
14    department to promulgate rules for the implementation and
      enforcement of the act. Provides a civil penalty.
15    Requires the department to provide current federal
      regulations to persons licensed or certified under the
16    act. Authorizes the department to issue corrective orders
      for violations of the act. Provides a second degree
17    misdemeanor penalty for violation of the act.

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