Senate Bill sb2454

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    Florida Senate - 2003                                  SB 2454

    By Senator Miller





    18-666-03                                          See HB 1451

  1                      A bill to be entitled

  2         An act relating to the Lead Poisoning

  3         Prevention Act; providing a popular name;

  4         creating the "Lead Poisoning Prevention Act";

  5         providing purposes of the act; providing for a

  6         Director of Lead Poisoning Prevention;

  7         providing duties and responsibilities of the

  8         director; providing for a Lead Poisoning

  9         Prevention Coordinating Council; providing

10         membership of the council; providing for the

11         creation of a program for prevention of lead

12         poisoning; providing for a Lead Poisoning

13         Prevention Commission; providing for membership

14         and duties of the commission; providing

15         requirements for "lead-free" and "lead-safe"

16         property status; providing time period for

17         compliance; providing for inspection of

18         affected properties; providing for expedited

19         and emergency inspections; providing for

20         inspection reports; providing for accreditation

21         of persons performing lead hazard reduction

22         activities; providing for accreditation of

23         persons performing inspections; providing for

24         duration of certification; providing

25         registration fees for persons performing lead

26         hazard abatement and persons performing

27         inspections; providing for deposit of fees;

28         providing for enforcement of the act; providing

29         for registration of affected properties;

30         providing for contents and renewal of

31         registration; providing registration fees;

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         providing for deposit of fees; providing

 2         requirements for immunity from civil liability

 3         for injuries or damages resulting from the

 4         ingestion of lead; providing exceptions to

 5         immunity; providing for documentation and

 6         notification of injury; defining "qualified

 7         offer"; providing procedure and requirements

 8         with respect to a qualified offer; providing

 9         for attorney's fees; providing for maximum

10         amounts payable under a qualified offer;

11         providing for certification of compliance with

12         respect to a qualified offer; providing for

13         offers of compromise; providing for rules;

14         providing for presumption of negligence in

15         actions against property owners not in

16         compliance; providing requirements with respect

17         to liability coverage for losses or damage

18         caused by exposure to lead-based paint offered

19         by insurers in the state; providing

20         requirements of the Department of Financial

21         Services; requiring specified lead hazard

22         coverage; providing standards for determination

23         of rates for lead hazard coverage; creating the

24         lead-safe or lead-free property revolving loan

25         fund account within the State Housing Trust

26         Fund; providing for the sale of bonds;

27         providing for administration and disbursement

28         of funds; providing for loans through

29         intermediaries; providing for reinvestment and

30         repayment of funds; providing for enforcement

31         of criminal violations; providing for civil

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         remedies; providing for reporting of

 2         enforcement actions; providing for receivership

 3         of properties not meeting certain standards;

 4         providing for injunctive relief; providing for

 5         notice of intent to seek injunctive relief;

 6         providing for recovery of costs and attorneys

 7         fees; defining "retaliatory eviction";

 8         prohibiting retaliatory evictions; providing

 9         for the establishment of a comprehensive

10         educational program; providing for a public

11         information initiative; providing for

12         distribution of specified literature; providing

13         for lead-safe housing seminars; providing for

14         the adoption of rules and the distribution of

15         information regarding insurance requirements;

16         providing requirements of the Department of

17         Business and Professional Regulation with

18         respect to education and licensure requirements

19         for real estate brokers and salespersons;

20         requiring the establishment of a program for

21         early identification of persons at risk of

22         elevated levels of lead in the blood; providing

23         for screening of children; providing for

24         screening priorities; providing for the

25         maintenance of records of screenings; providing

26         for reporting of cases of lead poisoning;

27         providing definitions; providing an effective

28         date.

29  

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

31  

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         Section 1.  Popular name.--This act shall be known by

 2  the popular name, the "Lead Poisoning Prevention Act."

 3         Section 2.  Legislative findings.--

 4         (1)  Nearly one million American children may have

 5  levels of lead in their blood in excess of 10 micrograms per

 6  deciliter (g/dL).  Unless prevented or treated, elevated blood

 7  lead levels in egregious cases may result in impairment of the

 8  ability to think, concentrate, and learn.

 9         (2)  A significant cause of lead poisoning in children

10  is the ingestion of lead particles from deteriorating or

11  abraded lead-based paint from older, poorly maintained

12  residences.

13         (3)  The health and development of these children and

14  many others are endangered by chipping or peeling lead-based

15  paint or excessive amounts of lead-contaminated dust in poorly

16  maintained homes.

17         (4)  Ninety percent of lead-based paint still remaining

18  in occupied housing exists in units built before 1960, with

19  the remainder in units built before 1978.

20         (5)  The dangers posed by lead-based paint can be

21  substantially reduced and largely eliminated by taking

22  measures to prevent paint deterioration and limiting

23  children's exposure to paint chips and lead dust.

24         (6)  The deterioration of lead-based paint in older

25  residences results in increased expenses each year for the

26  State in the form of special education and other education

27  expenses, medical care for lead-poisoned children, and

28  expenditures for delinquent youth and others needing special

29  supervision.

30  

31  

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         (7)  Older housing units remain an important part of

 2  the makeup of the state's housing, particularly for those of

 3  modest or limited incomes.

 4         (8)  The existing system of enforcing housing codes has

 5  proven ineffective in inducing widespread lead-based paint

 6  hazard abatement, mitigation, and control.

 7         (9)  The financial incentives currently in place have

 8  not proven sufficient to motivate landlords and other property

 9  owners to undertake widespread and effective lead-based paint

10  hazard abatement, mitigation, and control.

11         (10)  Knowledge of lead-based paint hazards, their

12  control, mitigation, abatement, and risk avoidance is not

13  sufficiently widespread, especially outside urban areas.

14         Section 3.  Purposes.--To promote the elimination of

15  childhood lead poisoning in the state, the purposes of this

16  act are:

17         (1)  To substantially reduce, and eventually eliminate,

18  the incidence of childhood lead poisoning in the state;

19         (2)  To increase the supply of affordable rental

20  housing in the state in which measures have been taken to

21  reduce substantially the risk of childhood lead poisoning;

22         (3)  To make enforcement of lead hazard control

23  standards in the state more certain and more effective;

24         (4)  To improve public awareness of lead safety issues

25  and to educate both property owners and tenants about

26  practices that can reduce the incidence of lead poisoning;

27         (5)  To assure the availability and affordability of

28  liability insurance protection to those landlords and other

29  owners who undertake specified lead hazard reduction measures;

30         (6)  To mandate the testing of children likely to

31  suffer the consequences of lead poisoning so that prompt

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1  diagnosis and treatment as well as the prevention of harm are

 2  possible;

 3         (7)  To provide a mechanism to facilitate prompt

 4  payment of medical and rehabilitation expenses and relocation

 5  costs for those remaining individuals who are affected by

 6  childhood lead poisoning; and

 7         (8)  To define the scope of authority of state agencies

 8  and departments for lead hazard control, mitigation,

 9  education, and insurance availability, and to provide for the

10  coordination of these efforts.

11         Section 4.  Director of Lead Poisoning Prevention; Lead

12  Poisoning Prevention Coordinating Council; Program for

13  Prevention of Lead Poisoning; Lead Poisoning Prevention

14  Commission.--

15         (1)  The Governor shall appoint a Director of Lead

16  Poisoning Prevention who shall serve at the pleasure of the

17  Governor.  The director shall be responsible, subject to the

18  authority of the Governor, for carrying out and administering

19  all programs created pursuant to the provisions of this act.

20  To the extent necessary, the director shall designate which

21  local government officials shall assist him in carrying out

22  the duties prescribed by this act.  The director may contract

23  with any agency or agencies, individuals, or groups for the

24  provision of necessary services, subject to appropriation; and

25  shall adopt and from time to time, amend, such rules as may be

26  necessary.

27         (2)  The director shall chair a Lead Poisoning

28  Prevention Coordinating Council that also shall include a

29  designee of the Governor from the department of Community

30  Affairs and a designee of the Governor from the Department of

31  Health.

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         (3)  Subject to appropriation, the director, working in

 2  coordination with the Lead Poisoning Prevention Council, shall

 3  establish a statewide program for the prevention, screening,

 4  diagnosis, and treatment of lead poisoning, including

 5  elimination of the sources of such poisoning, through such

 6  research, educational, epidemiologic, and clinical activities

 7  as may be necessary.

 8         (4)  The Governor shall appoint a Lead Poisoning

 9  Prevention Commission.

10         (a)  The duties of the commission are to:

11         1.  Study and collect information on the effectiveness

12  of this act in fulfilling its legislative purposes as defined

13  in section 3;

14         2.  Make policy recommendations on achieving the

15  legislative purposes of this act as set forth in section 3;

16         3.  Consult with the Director of Lead Poisoning

17  Prevention and applicable state agencies on the implementation

18  of this act; and

19         4.  Prepare and submit a report annually to the

20  Governor on the results of implementing this act.

21         (b)  The commission shall consist of fifteen

22  members.  The membership shall include:

23         1.  The Director of Lead Poisoning Prevention and the

24  additional two members of the Lead Poisoning Coordinating

25  Council as described in section 4(2);

26         2.  One member of the Senate appointed by the President

27  of the Senate;

28         3.  One member of the House of Representatives

29  appointed by the Speaker of the House of Representatives; and

30         4.  Nine members appointed by the Governor, including:

31         a.  A child advocate;

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         b.  A health care provider;

 2         c.  A parent of a lead-poisoned child;

 3         d.  A representative of local government;

 4         e.  Two owners of rental property in the state;

 5         f.  A representative from the insurance industry that

 6  offers premises liability coverage in the state;

 7         g.  Either a lead hazard control

 8  professional/contractor or a lead hazard identification

 9  professional; and

10         h.  One other member of the public whose experience and

11  expertise will ensure meaningful contribution to the

12  commission.

13         (c)  The terms of the members are as follows:

14         1.  The term of a member appointed by the Governor is 4

15  years;

16         2.  A member appointed by the President of the Senate

17  or the Speaker of the House of Representatives serves at the

18  pleasure of the appointing officer;

19         3.  The terms of the initial members may be shortened

20  or lengthened so that the terms of future members are

21  staggered;

22         4.  At the end of a term, a member shall continue to

23  serve until a successor is appointed and qualifies; and

24         5.  A member who is appointed after a term has

25  commenced serves only for the reminder of the term and until a

26  successor is appointed.

27         Section 5.  Requirements for lead-free status and

28  lead-safe status.--

29         (1)  An affected property shall comply with the

30  requirements of either "lead-free" status, as defined by

31  section 5(3), or "lead-safe" status, as defined by section

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1  5(4), on or before July 1, 2005, except as otherwise provided

 2  in section 5(2).

 3         (2)  An owner of five or more affected properties may

 4  apply to the director or the director's local designee for an

 5  extension of time in which to comply with the requirement of

 6  section 5(1). The extension of time in which to comply shall

 7  be for a period of 3 years beyond the deadline specified in

 8  section 5(1), meaning that the extended deadline for

 9  compliance shall be July 1, 2008. The director shall grant the

10  owner's request for an extension if and only if:

11         (a)  The owner of the affected property states under

12  penalty of perjury that the affected property for which an

13  extension is sought is not occupied by a person at risk; and

14         (b)  The owner of the affected property has complied

15  with the requirements of section 5(1) for more than 50 percent

16  of the other affected properties which the owner owns or in

17  which he or she has a beneficial interest.

18         (3)  An affected property is "lead-free" if:

19         (a)  The affected property was constructed after 1978;

20  or

21         (b)  The owner of the affected property submits to the

22  director or the director's designee for the jurisdiction in

23  which such property is located an inspection report which

24  indicates that the affected property has been tested for the

25  presence of lead in accordance with standards and procedures

26  established by the regulations promulgated by the director and

27  states that:

28         1.  All interior surfaces of the affected property are

29  lead-free; and

30  

31  

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         2.a.  All exterior painted surfaces of the affected

 2  property that were chipping, peeling, or flaking have been

 3  restored with non-lead-based paint; or

 4         b.  No exterior painted surfaces of the affected

 5  property are chipping, peeling, or flaking.

 6         (c)  In order to maintain exemption from the provisions

 7  of this act, the owner of any affected property with

 8  lead-based paint on any exterior surface which has been

 9  certified as "lead-free" pursuant to subsection (3) shall

10  submit to the director or the director's designee for the

11  jurisdiction in which such property is located every 3 years a

12  certification, by an inspector, accredited pursuant to the

13  provisions of section 7, stating that no exterior painted

14  surface of the affected property is chipping, peeling, or

15  flaking.

16         (4)  An affected property is lead-safe if the following

17  treatments to reduce lead-based paint hazards have been

18  completed by someone certified under section 7 and in

19  compliance with the regulations established by the director:

20         (a)  Visual review of all exterior and interior painted

21  surfaces;

22         (b)  Removal and repainting of chipping, peeling, or

23  flaking paint on exterior and interior painted surfaces;

24         (c)  Stabilization and repainting of any interior or

25  exterior painted surfaces which have lead-based paint hazards;

26         (d)  Repair of any structural defect that is causing

27  the paint to chip, peel, or flake that the owner of the

28  affected property has knowledge of or, with the exercise of

29  reasonable care, should have knowledge of;

30         (e)  Stripping and repainting, replacing, or

31  encapsulating all interior windowsills and window troughs with

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1  vinyl, metal, or any other durable materials which render the

 2  surface smooth and cleanable;

 3         (f)  Installation of caps of vinyl, aluminum, or any

 4  other material in a manner and under conditions approved by

 5  the director in all window wells in order to make the window

 6  wells smooth and cleanable;

 7         (g)  Fixing the top sash of all windows in place in

 8  order to eliminate the friction caused by movement of the top

 9  sash, except for a treated or replacement window that is free

10  of lead-based paint on its friction surfaces;

11         (h)  Rehanging all doors as necessary to prevent the

12  rubbing together of a lead-painted surface with another

13  surface;

14         (i)  Making all bare floors smooth and cleanable;

15         (j)  Ensuring that all kitchen and bathroom floors are

16  overlaid with a smooth, water-resistant covering; and

17         (k)  HEPA-vacuuming and washing of the interior of the

18  affected property with high phosphate detergent or its

19  equivalent, as determined by the director.

20         (5)(a)  Whenever an owner of an affected property

21  intends to make repairs or perform maintenance work that will

22  disturb the paint on interior surfaces of an affected

23  property, the owner shall give any tenant in such affected

24  property at least 48 hours' written advance notice and shall

25  make reasonable efforts to ensure that all persons who are not

26  persons at risk are not present in the area where work is

27  performed and that all persons at risk are removed from the

28  affected property when the work is performed.

29         (b)  A tenant shall allow access to an affected

30  property, at reasonable times, to the owner to perform any

31  work required under this act.

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    Florida Senate - 2003                                  SB 2454
    18-666-03                                          See HB 1451




 1         (c)  If a tenant must vacate an affected property for a

 2  period of 24 hours or more in order to allow an owner to

 3  perform work that will disturb the paint on interior surfaces,

 4  the owner shall pay the reasonable expenses that the tenant

 5  incurs directly related to the required relocation.

 6         (d)  If an owner has made all reasonable efforts to

 7  cause the tenant to temporarily vacate an affected property in

 8  order to perform work that will disturb the paint on interior

 9  surfaces, and the tenant refuses to vacate the affected

10  property, the owner shall not be liable for any damages

11  arising from the tenant's refusal to vacate.

12         (e)  If an owner has made all reasonable efforts to

13  gain access to an affected property in order to perform any

14  work required under this act, and the tenant refuses to allow

15  access, even after receiving reasonable advance notice of the

16  need for access, the owner shall not be liable for any damages

17  arising from the tenant's refusal to allow access.

18         Section 6.  This act shall take effect July 1, 2003.

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