House Bill hb1637

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    Florida House of Representatives - 2002                HB 1637

        By Representative Evers






  1                      A bill to be entitled

  2         An act relating to lead poisoning prevention;

  3         creating the "Florida Lead-Poisoning Prevention

  4         Act"; providing legislative findings; providing

  5         definitions; establishing the Lead-Based-Paint

  6         Hazard-Reduction Program within the Department

  7         of Business and Professional Regulation;

  8         providing for the adoption of rules for the

  9         licensing or certification of persons

10         performing lead-hazard detection and

11         lead-hazard-reduction services; providing rule

12         criteria; requiring the establishment of fees

13         for the approval of training programs;

14         requiring the department to establish training

15         and licensure requirements; requiring the

16         department to establish specified fees;

17         prohibiting the performance of, or training of

18         persons to perform, any lead-based-paint

19         activities regulated under the act without

20         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 adopt

29         rules for the implementation and enforcement of

30         the act; providing a civil penalty; requiring

31         the department to provide current federal

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    Florida House of Representatives - 2002                HB 1637

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  1         regulations to persons licensed or certified

  2         under the act; authorizing the department to

  3         issue corrective orders for violations of the

  4         act; providing a penalty; providing an

  5         effective date.

  6

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

  8

  9         Section 1.  Short title.--This act may be cited as the

10  "Florida Lead-Poisoning Prevention Act."

11         Section 2.  Legislative findings.--

12         (1)  The Legislature finds that childhood lead

13  poisoning is a devastating environmental health hazard to the

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

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

16  learning disabilities, intelligence-quotient deficiencies,

17  impaired hearing, reduced attention span, hyperactivity,

18  behavior problems, and other neurological problems. It is

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

20  affected by lead poisoning in Florida. Childhood lead

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

22  welfare.

23         (2)  Childhood lead poisoning is the result of

24  environmental exposure to lead. The most significant source of

25  environmental lead exposure is lead-based paint, found

26  particularly in housing built prior to 1978, which becomes

27  accessible to children in lead-based paint chips,

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

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

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

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

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

  2  hazards, including lead-contaminated waste, and subsequent

  3  implementation of interim controls or abatement procedures be

  4  accomplished in a manner that does not result in additional

  5  harm to the public or the environment. Improper lead-hazard

  6  abatement constitutes a serious threat to persons residing in

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

  8  performing lead-hazard-abatement procedures, to the

  9  environment, and to the public.

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

11  interest to establish minimum standards for the training,

12  certification, and licensure of all persons performing

13  lead-hazard detection and lead-hazard-reduction activities,

14  including inspections, risk assessments, and planning and

15  performance of interim controls or abatement measures.

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

17  term:

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

19  eliminate lead-based-paint hazards, in accordance with

20  standards developed by the department, including removal of

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

22  containment or encapsulation of lead-based paint, the

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

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

25  cleanup, disposal, and postabatement clearance-testing

26  activities associated with such measures.

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

28  surface painted with lead-based paint which is accessible for

29  a young child to place in his or her mouth or to chew.

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

31  Professional Regulation.

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

  2  surface that is subject to abrasion or friction, including

  3  certain window, floor, and stair surfaces.

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

  5  surface or fixture that is subject to damage by repeated

  6  impacts, including certain parts of door frames.

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

  8  investigation to determine the presence of lead-based paint

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

10  investigation.

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

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

13  of a structure which is designed to temporarily control human

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

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

16  coatings that contain lead in excess of limits established by

17  the department.

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

19  residential dwelling or in any other facility occupied or

20  regularly used by children which contains an area or mass

21  concentration of lead in excess of levels determined by the

22  department to pose a threat of adverse health effects in

23  pregnant women or young children.

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

25  residential real property or on other sites frequented by

26  children which contains lead at or in excess of levels

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

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

29  material resulting from an abatement activity that fails the

30  toxicity characteristics determined by the department.

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

  2  corporation, sole proprietorship, association, or other

  3  business entity that employs or contracts with persons to

  4  perform lead-based-paint hazard-reduction activities.

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

  6  exposure to lead from lead-contaminated dust,

  7  lead-contaminated soil, or lead-contaminated paint which is

  8  characterized by deterioration or is present in accessible

  9  surfaces, friction surfaces, or impact surfaces and would

10  result in adverse human health effects as established by the

11  department.

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

13  inspection and assessment of lead hazards and the planning,

14  implementation, and inspection of interim controls and

15  abatement activities as determined by the department.

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

17  or designs abatement activities and interim controls.

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

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

20  lead-based paint hazards.

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

22  Hazard-Reduction Program within the Department of Business and

23  Professional Regulation as established by this act.

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

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

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

27  site, including:

28         (a)  Information gathering regarding the age and

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

30  young children.

31         (b)  Visual inspection.

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  1         (c)  Limited wipe sampling or other environmental

  2  sampling techniques.

  3         (d)  Any other appropriate investigative activity.

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

  5  the investigation.

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

  7  onsite risk assessments of lead hazards.

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

  9  performing lead-hazard detection or lead-hazard-reduction

10  activities.

11         Section 4.  Florida Lead-Based-Paint Hazard-Reduction

12  Program.--

13         (1)  There is established within the Department of

14  Business and Professional Regulation the Florida

15  Lead-Based-Paint Hazard-Reduction Program. The department is

16  designated as the state agency responsible for implementation,

17  administration, and enforcement of the program.

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

19  regulations promulgated by the United States Environmental

20  Protection Agency relating to lead-paint-abatement

21  certification programs, the department shall adopt rules

22  pursuant to sections 120.536(1) and 120.54, Florida Statutes,

23  requiring the development and approval of training programs

24  for the licensing or certification of persons performing

25  lead-hazard detection and lead-hazard-reduction services,

26  which may include, but need not be limited to, lead

27  inspectors, lead-risk assessors, lead-project designers, lead

28  firms, lead supervisors, and lead workers employed by such

29  persons or entities. Rules for the approval of training

30  programs shall include minimum requirements for approval of

31  training providers, curriculum requirements, training-hour

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  1  requirements, hands-on-training requirements, examinations of

  2  competency and proficiency, and training-program quality

  3  control. The rules shall provide for reciprocal approval of

  4  training programs having comparable requirements which are

  5  approved by other states or by the Federal Government. The

  6  approval program may be designed to meet the minimum

  7  requirements for federal approval under the United States

  8  Toxic Substances Control Act and the department may apply for

  9  such approval. The department shall establish by rule fees for

10  the approval of such training programs.

11         (3)  Within 1 year after the effective date of

12  regulations promulgated by the United States Environmental

13  Protection Agency relating to lead-paint-abatement

14  certification programs, the department shall establish

15  training, licensure, and licensure-renewal requirements for

16  lead inspectors, lead-risk assessors, lead-reduction planners,

17  lead-project designers, and lead contractors, and shall

18  establish certification requirements for workers employed by

19  such persons or entities. A person may not be licensed under

20  this act unless such person has successfully completed the

21  appropriate training program, passed an examination approved

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

23  completed any additional requirement imposed by the department

24  by rule. The department may accept any lead-hazard training

25  completed after January 1, 1990, in full or partial

26  satisfaction of the training requirements under this act. The

27  department may establish continuing-education requirements for

28  licensees as a condition of license renewal.

29         (4)  The department shall by rule establish examination

30  fees, license fees, and license-renewal fees for all licenses

31  issued under this act, provided that such fees are reasonable,

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  1  reflect the cost of issuing and renewing such licenses and the

  2  cost of licensing activities regulated under the act, and are

  3  determined in such a manner as to approximate the total of the

  4  direct and indirect costs to the state of the operation and

  5  administration of the program. Fees may be refunded for good

  6  cause as determined by the department.

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

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

  9  person may not perform, represent that such person is

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

11  perform any lead-based-paint activities regulated under this

12  act unless such person possesses the appropriate license or

13  certification as determined by the department. The

14  requirements for licensure or certification to perform

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

16  apply to:

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

18  abatement upon the residential dwelling unit in which he or

19  she resides;

20         (b)  An employee of a property-management company

21  performing routine cleaning or repainting upon property

22  managed by that company where there is insignificant damage,

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

24  lead-containing coating substances; or

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

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

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

28  coating substances.

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

31  department or state or federal agency to conduct lead

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  1  investigations to determine the sources of lead poisonings, as

  2  determined by the department, shall be subject to licensing

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

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

  5  this act or under rules adopted by the department under this

  6  act.

  7         (6)  The department shall adopt rules pursuant to

  8  sections 120.536(1) and 120.54, Florida Statutes, establishing

  9  standards of acceptable professional conduct for the

10  performance of lead-hazard-detection activities and

11  lead-hazard-reduction activities, as well as specific acts and

12  omissions that constitute grounds for the reprimand of any

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

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

15  authorized to revoke or suspend any license, certification,

16  approval, or accreditation issued hereunder in accordance with

17  rules adopted pursuant to this act.

18         (7)  The department may adopt rules pursuant to

19  sections 120.536(1) and 120.54, Florida Statutes, necessary

20  for the implementation and enforcement of this act. In

21  addition to any action that may be taken to reprimand a

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

23  violates any provision of this act, any rule adopted pursuant

24  to this act, or any term or condition of licensure may be

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

26  imposed by the department. Each day or any portion thereof in

27  which a violation continues shall constitute a separate

28  violation for the purpose of calculating the civil penalty

29  imposed under this subsection.

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

  2  licensed or certified under this act current federal

  3  regulations affecting such licensees or certified persons.

  4         (9)  The department may issue a corrective order to any

  5  person in violation of this act or any rule adopted pursuant

  6  thereto. The order must specify the provisions of this act or

  7  any rule alleged to have been violated and shall order

  8  necessary corrective action to be taken within a reasonable

  9  time to be prescribed in such order.

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

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

12  provided in section 775.082 or section 775.083, Florida

13  Statutes.

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

15  law.

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

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Florida Lead-Poisoning Prevention Act."
  4    Provides legislative findings. Provides definitions.
      Establishes the Lead-Based-Paint Hazard-Reduction Program
  5    within the Department of Business and Professional
      Regulation. Provides for the adoption of rules for the
  6    licensing or certification of persons performing
      lead-hazard-detection services and lead-hazard-reduction
  7    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 adopt 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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