Senate Bill sb1692c1

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    Florida Senate - 2002                           CS for SB 1692

    By the Committee on Natural Resources; and Senators Jones and
    Garcia




    312-1965A-02

  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 Senate - 2002                           CS for SB 1692
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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 in

26  housing built prior to 1978, particularly houses built prior

27  to 1960, which becomes accessible to children in lead-based

28  paint chips, lead-contaminated dust, and lead-contaminated

29  soil. The danger posed by lead-based paint hazards can be

30  controlled by abatement or interim controls of lead-based

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    Florida Senate - 2002                           CS for SB 1692
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  1  paint or by measures to limit exposure to lead-based paint

  2  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 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

15  lead-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 in consultation with the

23  Department of Environmental Protection, including removal of

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

25  containment or encapsulation of lead-based paint, the

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

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

28  cleanup, disposal, and postabatement clearance-testing

29  activities associated with such measures.

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    Florida Senate - 2002                           CS for SB 1692
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  1         (2)  "Accessible surface" means an interior or exterior

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

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

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

  5  Professional Regulation.

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

  7  surface that is subject to abrasion or friction, including

  8  certain window, floor, and stair surfaces.

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

10  surface or fixture that is subject to damage by repeated

11  impacts, including certain parts of door frames.

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

13  investigation to determine the presence of lead-based paint

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

15  investigation.

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

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

18  of a structure which is designed to temporarily control human

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

20         (8)  "Lead Abatement Supervisor/Contractor" means a

21  person who supervises and conducts lead abatement activities

22  and prepares occupant protection plans and abatement activity

23  reports.

24         (9)  "Lead-based paint" means paint or other surface

25  coatings that contain lead in excess of limits established by

26  the department, in consultation with the Department of Health.

27         (10)  "Lead-contaminated dust" means surface dust in a

28  residential dwelling or in any other facility occupied or

29  regularly used by children which contains an area or mass

30  concentration of lead in excess of levels determined by the

31  department, in consultation with the Department of Health, to

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    Florida Senate - 2002                           CS for SB 1692
    312-1965A-02




  1  pose a threat of adverse health effects in pregnant women or

  2  young children.

  3         (11)  "Lead-contaminated soil" means bare soil on

  4  residential real property or on other sites frequented by

  5  children which contains lead at or in excess of levels

  6  determined by the department, in consultation with the

  7  Department of Health, to be hazardous to human health.

  8         (12)  "Lead-contaminated waste" means any discarded

  9  material resulting from an abatement activity that fails the

10  toxicity characteristics determined by the department in

11  consultation with the Department of Environmental Protection.

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

13  corporation, sole proprietorship, association, or other

14  business entity that employs or contracts with persons to

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

16         (14)  "Lead hazard" means any condition that causes

17  exposure to lead from lead-contaminated dust,

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

19  characterized by deterioration or is present in accessible

20  surfaces, friction surfaces, or impact surfaces and would

21  result in adverse human health effects as established by the

22  department, in consultation with the Department of Health.

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

24  inspection and assessment of lead-based paint or lead hazards

25  and the planning, implementation, and inspection of interim

26  controls and abatement activities as determined by the

27  department.

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

29  or designs abatement activities and interim controls.

30         (17)  "Lead inspector" means a person who conducts

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

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    Florida Senate - 2002                           CS for SB 1692
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  1  clearance testing to document the absence of lead-based paint

  2  hazards after activities that disturb lead-based paint.

  3         (18)  "Program" means the Florida Lead-Based-Paint

  4  Hazard-Reduction Program within the Department of Business and

  5  Professional Regulation as established by this act.

  6         (19)  "Lead risk assessment" means an onsite

  7  investigation to determine and report the existence, nature,

  8  severity, and location of lead-based-paint hazards in or on

  9  any structure or site, including:

10         (a)  Information gathering regarding the age and

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

12  young children.

13         (b)  Visual inspection.

14         (c)  Limited wipe sampling or other environmental

15  sampling techniques.

16         (d)  Any other appropriate investigative activity.

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

18  the investigation.

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

20  onsite risk assessments of lead hazards.

21         (21)  "Lead worker" means any person or employee

22  performing lead-hazard detection or lead-hazard-reduction

23  activities.

24         Section 4.  Florida Lead-Based-Paint Certification

25  Program.--

26         (1)  There is established within the Department of

27  Business and Professional Regulation the Florida

28  Lead-Based-Paint Certification Program. The department is

29  designated as the state agency responsible for implementation,

30  administration, and enforcement of the program.

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    Florida Senate - 2002                           CS for SB 1692
    312-1965A-02




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

  2  this act, the department shall adopt rules pursuant to

  3  sections 120.536(1) and 120.54, Florida Statutes, requiring

  4  the development and approval of training programs for the

  5  licensing or certification of persons performing lead-hazard

  6  detection and lead-hazard-reduction services, which may

  7  include, but need not be limited to, lead inspectors,

  8  lead-risk assessors, lead-project designers, lead supervisors,

  9  and lead workers employed by such persons or entities. Rules

10  for the approval of training programs shall include minimum

11  requirements for approval of training providers, curriculum

12  requirements, training-hour requirements, hands-on-training

13  requirements, examinations of competency and proficiency, and

14  training-program quality control. The rules shall provide for

15  reciprocal approval of training programs having comparable

16  requirements which are approved by other states or by the

17  Federal Government. The approval program may be designed to

18  meet the minimum requirements for federal approval under the

19  United States Toxic Substances Control Act and the department

20  shall apply for such approval. The department shall establish

21  by rule fees for the approval of such training programs.

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

23  this act, the department shall establish training, licensure,

24  and licensure-renewal requirements for lead inspectors,

25  lead-risk assessors, lead-reduction planners, lead-project

26  designers, and lead contractors, and shall establish

27  certification requirements for workers employed by such

28  persons or entities. A person may not be licensed under this

29  act unless such person has successfully completed the

30  appropriate training program, passed an examination approved

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

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    Florida Senate - 2002                           CS for SB 1692
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  1  completed any additional requirement imposed by the department

  2  by rule. The department may accept any lead-based paint

  3  activity training from a training program accredited by the

  4  United States Environmental Protection Agency or from

  5  state-accredited training providers approved by the United

  6  States Environmental Protection Agency which are conducted no

  7  more than 12 months before the date of application for

  8  licensure, in full or partial satisfaction of the training

  9  requirements under this act. The department may establish

10  continuing-education requirements for licensees as a condition

11  of license renewal.

12         (4)  The department shall by rule establish examination

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

14  issued under this act, provided that such fees must be

15  reasonable, must reflect the cost of issuing and renewing such

16  licenses and the cost of licensing activities regulated under

17  the act, and must be determined in such a manner as to

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

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

20  may be refunded for good cause as determined by the

21  department.

22         (5)  No more than 6 months after the effective date of

23  rules promulgated by the department as provided in subsection

24  (3), a person may not perform, represent that such person is

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

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

27  act unless such person possesses the appropriate license or

28  certification as determined by the department. The

29  requirements for licensure or certification to perform

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

31  apply to:

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    Florida Senate - 2002                           CS for SB 1692
    312-1965A-02




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

  2  abatement upon the residential dwelling unit in which he or

  3  she resides;

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

  5  performing routine cleaning or repainting upon property

  6  managed by that company where there is insignificant damage,

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

  8  lead-containing-coating substances; or

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

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

11  or corrosion of existing lead-based paint or

12  lead-containing-coating substances.

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

15  department or state or federal agency and is licensed pursuant

16  to subsection (3) as a lead inspector or lead risk assessor is

17  not required to pay any fees as otherwise required under this

18  act or under rules adopted by the department under this act.

19         (6)  The department shall adopt rules pursuant to

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

21  standards of acceptable professional conduct for the

22  performance of lead-hazard-detection activities and

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

24  omissions that constitute grounds for the reprimand of any

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

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

27  authorized to revoke or suspend any license, certification,

28  approval, or accreditation issued hereunder in accordance with

29  rules adopted pursuant to this act.

30         (7)  The department may adopt rules pursuant to

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

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    Florida Senate - 2002                           CS for SB 1692
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  1  for the implementation and enforcement of this act. In

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

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

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

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

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

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

  8  which a violation continues shall constitute a separate

  9  violation for the purpose of calculating the civil penalty

10  imposed under this subsection.

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

12  licensed or certified under this act current federal

13  regulations affecting such licensees or certified persons.

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

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

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

17  any rule alleged to have been violated and shall order

18  necessary corrective action to be taken within a reasonable

19  time to be prescribed in such order.

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

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

22  provided in section 775.082 or section 775.083, Florida

23  Statutes.

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

25  law.

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    Florida Senate - 2002                           CS for SB 1692
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1692

  3

  4  The committee substitute establishes the Florida
    Lead-Based-Paint Certification Program in the Department of
  5  Business and Professional Regulation. Provides legislative
    findings. Specifies that the most significant source of
  6  environmental lead exposure is lead-based paint found in
    housing built prior to 1978, particularly houses built prior
  7  to 1960. Provides that any standards for abatement and
    lead-contaminated waste developed by the department must be
  8  developed in consultation with the Department of Environmental
    Protection. Certain determinations regarding health risks
  9  associated with lead exposure must be determined by the
    department in consultation with the Department of Health.
10  "Lead Abatement Supervisor/Contractor" is defined. The program
    may be designed to meet the minimum requirements for federal
11  approval under the U.S. Toxic Substances Control Act and the
    department shall apply for such approval.
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