HB 0937

CS

CHAMBER ACTION

2	The Committee on Health Care recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6
7	A bill to be entitled
8	An act relating to the Florida Childhood Lead Poisoning
9	Reduction Act; providing a popular name; providing
10	legislative findings; providing legislative purposes of
11	the act; providing definitions; providing for a Director
12	of Lead Poisoning Prevention, appointed by the Secretary
13	of Health; providing duties and responsibilities of the
14	director; providing for the establishment of a statewide
15	program for the prevention, screening, diagnosis, and
16	treatment of lead poisoning; providing for a Lead
17	Poisoning Prevention Commission; providing for membership
18	and duties of the commission; providing criteria for lead-
19	free and lead-safe property status; providing notice
20	requirements when an owner of an affected property intends
21	to make repairs to or perform specified maintenance work
22	on an affected property; providing requirements and
23	procedures with respect to access to and vacation of
24	affected properties; providing for voluntary inspection of
25	affected properties; requiring the Lead Poisoning
26	Prevention Commission to develop a proposal for the
27	implementation of mandatory inspections of all affected
28	properties or to develop alternative measures of
29	enforcement and penalties to ensure compliance with lead-
30	free or lead-safe standards by a specified date; providing
31	for involuntary inspections under specified circumstances;
32	providing for inspection reports; providing for
33	certification of persons performing lead-hazard-reduction
34	activities by the Department of Health; providing for
35	certification of persons performing inspections; providing
36	for duration of certification; providing certification
37	fees for persons performing lead-hazard abatement and
38	persons performing inspections; providing for deposit of
39	fees; providing for enforcement of the act; providing for
40	reporting of enforcement actions; providing for
41	receivership of properties not meeting certain standards;
42	providing for injunctive relief; providing for notice of
43	intent to seek injunctive relief; providing for recovery
44	of costs and attorney's fees; prohibiting retaliatory
45	evictions; defining the term "retaliatory action";
46	providing for relief for retaliatory eviction and
47	retaliatory action; providing for the establishment of a
48	statewide comprehensive educational program; providing for
49	a public information initiative; providing for
50	distribution of specified literature; providing for a Lead
51	Poisoning Prevention for Properties seminar; requiring the
52	establishment of a program for early identification of
53	persons at risk of elevated levels of lead in the blood;
54	providing for screening of children; providing for
55	screening priorities; providing for the maintenance of
56	records of screenings; providing for reporting of cases of
57	lead poisoning; authorizing the Department of Health to
58	adopt rules; providing an effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Popular name.--This act may be cited as the
63	"Florida Childhood Lead Poisoning Reduction Act."
64	Section 2.  Legislative findings.--
65	(1)  Nearly 300,000 American children may have levels of
66	lead in their blood in excess of 10 micrograms per deciliter
67	(ug/dL).  Unless prevented or treated, elevated blood-lead
68	levels in egregious cases may result in impairment of the
69	ability to think, concentrate, and learn.
70	(2)  A significant cause of lead poisoning in children is
71	the ingestion of lead particles from deteriorating or abraded
72	lead-based paint from older, poorly maintained residences.
73	(3)  The health and development of these children and many
74	others are endangered by chipping or peeling lead-based paint or
75	excessive amounts of lead-contaminated dust in poorly maintained
76	homes.
77	(4)  Ninety percent of lead-based paint still remaining in
78	occupied housing exists in units built before 1960, with the
79	remainder in units built before 1978.
80	(5)  The dangers posed by lead-based paint can be
81	substantially reduced and largely eliminated by taking measures
82	to prevent paint deterioration and limiting children's exposure
83	to paint chips and lead dust.
84	(6)  The deterioration of lead-based paint in older
85	residences results in increased expenses each year for the state
86	in the form of special education and other education expenses,
87	medical care for lead-poisoned children, and expenditures for
88	delinquent youth and others needing special supervision.
89	(7)  Older housing units remain an important part of the
90	makeup of the state's housing, particularly for those of modest
91	or limited incomes.
92	(8)  The possibility of liability exposure among landlords
93	has led many to abandon older properties or to place them in
94	shell corporations in order to avoid personal liability.
95	(9)  The incidence of childhood lead poisoning can be
96	reduced substantially without significant additional cost to the
97	state by creating appropriate incentives for property owners to
98	make their properties lead-free or lead-safe and by targeting
99	existing state resources used to prevent childhood lead
100	poisoning more effectively.
101	(10)  Knowledge of lead-based-paint hazards, their control,
102	mitigation, abatement, and risk avoidance is not sufficiently
103	widespread, especially outside urban areas.
104	(11)  A majority of children in this state living in
105	circumstances suggesting a significant possibility that they
106	have elevated levels of lead in their blood are not currently
107	tested for the presence of such elevated blood-lead levels.
108	(12)  Early detection of elevated blood-lead levels in
109	children allows treatment and mitigation of the conditions that
110	result in further elevation of blood-lead levels and often can
111	prevent further harm.
112	(13)  A study performed by the Escambia County Health
113	Department estimates that 25 percent to 40 percent of Escambia
114	County homes built before lead-based paint was outlawed in 1978,
115	as many as 28,000 homes, are contaminated, many without the
116	knowledge of those who live there.
117	Section 3.  Legislative purposes.--To promote the
118	elimination of childhood lead poisoning in the state, the
119	purposes of this act are to:
120	(1)  Significantly reduce the incidence of childhood lead
121	poisoning in the state.
122	(2)  Increase the supply of affordable rental housing in
123	the state in which measures have been taken to reduce
124	substantially the risk of childhood lead poisoning.
125	(3)  Improve public awareness of lead safety issues and to
126	educate both property owners and tenants about practices that
127	can reduce the incidence of lead poisoning.
128	(4)  Encourage the testing of children likely to suffer the
129	consequences of lead poisoning so that prompt diagnosis and
130	treatment, as well as the prevention of harm, are possible.
131	Section 4.  Definitions.--As used in this act, the term:
132	(1)  "Abatement" means any set of measures designed to
133	permanently eliminate lead-based paint or lead-based-paint
134	hazards. Abatement includes the removal of lead-based paint and
135	dust-lead hazards, the permanent enclosure or encapsulation of
136	lead-based paint, the replacement of components or fixtures
137	painted with lead-based paint, and the removal or permanent
138	covering of soil-based hazards.
139	(2)  "Affected property" means a room or group of rooms
140	within a property constructed before 1978 which form a single
141	independent habitable dwelling unit for occupation by one or
142	more persons at risk and which has living facilities with
143	permanent provisions for living, sleeping, eating, cooking, and
144	sanitation. Affected property does not include:
145	(a)  An area not used for living, sleeping, eating,
146	cooking, or sanitation, such as an unfinished basement;
147	(b)  A unit within a hotel, motel, or similar seasonal or
148	transient facility, unless such unit is occupied by one or more
149	persons at risk for a period exceeding 30 days;
150	(c)  An area that is secured and inaccessible to occupants;
151	(d)  A unit that is not offered for rent; or
152	(e)  Property that is acquired by a governmental agency as
153	a right-of-way for a transportation project, is being held for
154	demolition, and the previous owner or occupant remains in
155	possession for less than 180 days.
156
157	Affected property excludes any property owned or operated by a
158	unit of federal, state, or local government or by any public,
159	quasi-public, or municipal corporation, if the property is
160	subject to lead standards that are equal to, or more stringent
161	than, the requirements for lead-safe status under section 6(2).
162	(3)  "Change in occupancy" means a change of tenant in an
163	affected property in which the property is vacated and
164	possession is surrendered to the owner or abandoned.
165	(4)  "Chewable surface" means an interior or exterior
166	surface painted with lead-based paint that a child under the age
167	of 6 can mouth or chew. Hard metal substrates and other
168	materials that cannot be dented by the bite of a child under the
169	age of 6 are not considered chewable.
170	(5)  "Containment" means the physical measures taken to
171	ensure that dust and debris created or released during lead-
172	based-paint hazard reduction are not spread, blown, or tracked
173	from inside to outside of the worksite.
174	(6)  "Department" means the Department of Health.
175	(7)  "Deteriorated paint" means any interior or exterior
176	paint or other coating that is peeling, chipping, chalking, or
177	cracking, or any paint or coating located on an interior or
178	exterior surface or fixture which is otherwise damaged or
179	separated from the substrate.
180	(8)  "Director" means the Director of Lead Paint Poisoning
181	Prevention.
182	(9)  "Dust-lead hazard" means surface dust in a residential
183	dwelling or a facility occupied by a person at risk which
184	contains a mass-per-area concentration of lead equal to or
185	exceeding 40 ug/ft2 on floors or 250 ug/ft2 on interior
186	windowsills based on wipe samples.
187	(10)  "Dwelling unit" means a:
188	(a)  Single-family dwelling, including attached structures
189	such as porches and stoops; or
190	(b)  Housing unit in a structure that contains more than
191	one separate housing unit and in which each such unit is used or
192	occupied, or intended to be used or occupied, in whole or in
193	part, as the home or separate living quarters of one or more
194	persons.
195	(11)  "Elevated blood-lead level" means a quantity of lead
196	in whole venous blood, expressed in micrograms per deciliter
197	(ug/dL), which exceeds 15 ug/dL or such other level as
198	specifically provided in this act.
199	(12)  "Encapsulation" means the application of a covering
200	or coating that acts as a barrier between the lead-based paint
201	and the environment and that relies for its durability on
202	adhesion between the encapsulant and the painted surface, and on
203	the integrity of the existing bonds between paint layers and
204	between the paint and the substrate. Encapsulation may be used
205	as a method of abatement if it is designed and performed so as
206	to be permanent.
207	(13)  "Exterior surfaces" means:
208	(a)  All fences and porches that are part of an affected
209	property;
210	(b)  All outside surfaces of an affected property which are
211	accessible to a child under the age of 6 years and which:
212	1.  Are attached to the outside of an affected property; or
213	2.  Consist of other buildings that are part of the
214	affected property; and
215	(c)  All painted surfaces in stairways, hallways, entrance
216	areas, recreation areas, laundry areas, and garages within a
217	multifamily rental dwelling unit which are common to individual
218	dwelling units and are accessible to a child under the age of 6
219	years.
220	(14)  "Friction surface" means an interior or exterior
221	surface that is subject to abrasion or friction, including, but
222	not limited to, certain window, floor, and stair surfaces.
223	(15)  "Hazard reduction" means measures designed to reduce
224	or eliminate human exposure to lead-based hazards through
225	methods that include interim controls, abatement, or a
226	combination of the two.
227	(16)  "HEPA-vacuum" or "high efficiency particle air
228	vacuum" means a device capable of filtering out particles of 0.3
229	microns or greater from a body of air at an efficiency of 99.97
230	percent or greater. The term includes the use of a HEPA-vacuum.
231	(17)  "Impact surface" means an interior or exterior
232	surface that is subject to damage from the impact of repeated
233	sudden force, such as certain parts of door frames.
234	(18)  "Inspection" means a comprehensive investigation to
235	determine the presence of lead-based-paint hazards and the
236	provision of a report explaining the results of the
237	investigation.
238	(19)  "Interim controls" means a set of measures designed
239	to temporarily reduce human exposure to lead-based-paint
240	hazards.  Interim controls include, but are not limited to,
241	repairs, painting, temporary containment, specialized cleaning,
242	clearance, ongoing lead-based-paint maintenance activities, and
243	the establishment and operation of management and resident
244	education programs.
245	(20)  "Interior windowsill" means a portion of the
246	horizontal window ledge which protrudes into the interior of a
247	room.
248	(21)  "Lead-based paint" means paint or other surface
249	coatings that contain lead equal to or exceeding 1.0 milligram
250	per square centimeter, 0.5 percent by weight, or 5,000 parts per
251	million (ppm) by weight.
252	(22)  "Lead-based-paint hazard" means paint-lead hazards
253	and dust-lead hazards.
254	(23)  "Local designee" means a municipal, county, or other
255	official designated by the Director of Lead Paint Poisoning
256	Prevention, the Secretary of Community Affairs, or the Secretary
257	of Health as responsible for assisting the director, relevant
258	state agencies, and relevant county and municipal authorities in
259	implementing the activities specified by the act for the
260	geographical area in which the affected property is located.
261	(24)  "Owner" means a person, firm, corporation, nonprofit
262	organization, partnership, government, guardian, conservator,
263	receiver, trustee, executor, or other judicial officer, or other
264	entity which, alone or with others, owns, holds, or controls the
265	freehold or leasehold title or part of the title to property,
266	with or without actually possessing it. The definition includes
267	a vendee who possesses the title, but does not include a
268	mortgagee or an owner of a reversionary interest under a ground
269	rent lease. The term includes any authorized agent of the owner,
270	including a property manager or leasing agent.
271	(25)  "Paint-lead hazard" means any one of the following:
272	(a)  Any lead-based paint on a friction surface that is
273	subject to abrasion and where the dust-lead levels on the
274	nearest horizontal surface underneath the friction surface, such
275	as the windowsill or floor, are equal to or greater than the
276	dust-lead-hazard level of a mass-per-area concentration of lead
277	equal to or exceeding 40 ug/ft2 on floors or 250 ug/ft2 on
278	interior windowsills based on wipe samples;
279	(b)  Any damaged or otherwise deteriorated lead-based paint
280	on an impact surface that is caused by impact from a related
281	building material, such as a door knob that knocks into a wall
282	or a door that knocks against its door frame;
283	(c)  Any chewable lead-based painted surface on which there
284	is evidence of teeth marks; or
285	(d)  Any other deteriorated lead-based paint in or on the
286	exterior of any residential building or any facility occupied by
287	a person at risk.
288	(26)  "Permanent" means an expected design life of at least
289	20 years.
290	(27)  "Person at risk" means a child under the age of 6
291	years or a pregnant woman who resides or regularly spends at
292	least 24 hours per week in an affected property.
293	(28)  "Relocation expenses" means all expenses necessitated
294	by the relocation of a tenant's household to lead-safe housing,
295	including moving and hauling expenses, the HEPA-vacuuming of all
296	upholstered furniture, payment of a security deposit for the
297	lead-safe housing, and installation and connection of utilities
298	and appliances.
299	(29)  "Tenant" means the individual named as the lessee in
300	a lease, rental agreement, or occupancy agreement for a dwelling
301	unit.
302	(30)  "ug/ft2" means microgram per foot squared.
303	(31)  "ug/dL" means microgram (millionth of a gram) per
304	deciliter.
305	(32)  "Wipe sample" means a sample collected by wiping a
306	representative surface of known area, as determined by the
307	American Society of Testing Materials in standard E1728-Standard
308	Practice for the Field Collection of Settled Dust Samples Using
309	Wipe Sampling Methods for Lead Determination by Atomic
310	Spectrometry Techniques, with lead determination conducted by an
311	accredited laboratory participating in the Environmental Lead
312	Laboratory Accreditation Program.
313	Section 5.  Director of Lead Poisoning Prevention; Program
314	for Prevention of Lead Poisoning; Lead Poisoning Prevention
315	Commission.--
316	(1)  The Secretary of Health shall appoint a Director of
317	Lead Poisoning Prevention who shall serve at the pleasure of the
318	secretary.  The director shall be responsible, subject to the
319	authority of the secretary, for carrying out and administering
320	all programs created pursuant to this act. To the extent
321	necessary, the director may cooperate with local government
322	officials to assist him or her in carrying out these duties. The
323	director may contract with any agency or agencies, individuals,
324	or groups for the provision of necessary services, subject to
325	appropriation.
326	(2)  Subject to appropriation, the director, working in
327	coordination with the Lead Poisoning Prevention Commission,
328	shall establish a statewide program for the prevention,
329	screening, diagnosis, and treatment of lead poisoning, including
330	elimination of the sources of such poisoning, through necessary
331	research, educational, epidemiologic, and clinical activities.
332	(3)  The Lead Poisoning Prevention Commission is created.
333	(a)  The duties of the commission are to:
334	1.  Report to the Governor, the President of the Senate,
335	and the Speaker of the House of Representatives in writing by
336	October 1, 2005, recommending legislation providing both
337	additional incentives for all affected property owners to bring
338	their premises into compliance with the lead-safe standards
339	outlined in section 6(2) and additional means of enforcement and
340	penalties for those property owners who fail to achieve
341	compliance. The incentives to be considered should include,
342	among others, local property tax credits and revolving loan
343	funds.
344	2.  Study and collect information on the effectiveness of
345	this act in fulfilling its legislative purposes as defined in
346	section 3.
347	3.  Make policy recommendations, in addition to those
348	mandated by subparagraph 1., regarding how best to achieve the
349	legislative purposes of this act as set forth in section 3.
350	4.  Consult with the responsible departments of state
351	government and applicable state agencies on the implementation
352	of this act.
353	5.  Prepare and submit a report by October 1, 2005, to the
354	Governor, the President of the Senate, and the Speaker of the
355	House of Representatives on the results of implementing this
356	act.
357	(b)  The commission shall consist of 10 members. The
358	membership shall include:
359	1.  The Director of Lead Poisoning Prevention.
360	2.  The Secretary of Community Affairs or his or her
361	designee.
362	3.  The Secretary of Environmental Protection or his or her
363	designee.
364	4.  One member of the Senate, appointed by the President of
365	the Senate.
366	5.  One member of the House of Representatives, appointed
367	by the Speaker of the House of Representatives.
368	6.  Five members appointed by the Governor, including:
369	a.  A child advocate.
370	b.  A health care provider.
371	c.  A representative of local government.
372	d.  Two owners of rental property in the state.
373	(c)  The commission shall be chaired by the Director of
374	Lead Poisoning Prevention.
375	(d)  Members of the commission shall serve without
376	compensation.
377	Section 6.  Requirements for lead-free and lead-safe
378	property status.--
379	(1)  An affected property is lead-free if:
380	(a)  The affected property was constructed after 1978; or
381	(b)  The owner of the affected property submits to the
382	director or the director's designee for the jurisdiction in
383	which such property is located an inspection report that
384	indicates that the affected property has been tested for the
385	presence of lead in accordance with standards and procedures
386	established by rules adopted by the department and states that:
387	1.  All interior surfaces of the affected property are
388	lead-free; and
389	2.a.  All exterior painted surfaces of the affected
390	property which were chipping, peeling, or flaking have been
391	restored with paint that is not lead-based paint; or
392	b.  No exterior painted surfaces of the affected property
393	are chipping, peeling, or flaking.
394	(2)  An affected property is "lead-safe" if the following
395	treatments to reduce lead-based-paint hazards have been
396	completed by someone certified under section 8 and in compliance
397	with the rules established by the department:
398	(a)  Visually reviewing all exterior and interior painted
399	surfaces;
400	(b)  Removing and repainting chipping, peeling, or flaking
401	paint on exterior and interior painted surfaces;
402	(c)  Stabilizing and repainting any interior or exterior
403	painted surfaces that have lead-based-paint hazards;
404	(d)  Repairing any structural defect that is causing the
405	paint to chip, peel, or flake and that the owner of the affected
406	property has knowledge of or, with the exercise of reasonable
407	care, should have knowledge of;
408	(e)  Stripping and repainting, replacing, or encapsulating
409	all interior windowsills and window troughs with vinyl, metal,
410	or any other durable material that renders the surface smooth
411	and cleanable;
412	(f)  Installing caps of vinyl, aluminum, or any other
413	material in a manner and under conditions approved by the
414	director in all window wells in order to make the window wells
415	smooth and cleanable;
416	(g)  Fixing the top sash of all windows in place in order
417	to eliminate the friction caused by movement of the top sash,
418	except for a treated or replacement window that is free of lead-
419	based paint on its friction surfaces;
420	(h)  Rehanging all doors as necessary to prevent the
421	rubbing together of a lead-painted surface with another surface;
422	(i)  Making all bare floors smooth and cleanable;
423	(j)  Ensuring that all kitchen and bathroom floors are
424	overlaid with a smooth, water-resistant covering; and
425	(k)  HEPA-vacuuming and washing of the interior of the
426	affected property with high phosphate detergent or its
427	equivalent, as determined by the director.
428	(3)  The department shall adopt rules limiting the
429	effective time for each lead-safe certification based on the
430	known effectiveness of the controls used to mitigate the lead
431	hazard. This shall include evaluations that are done by the
432	property owner or his or her designee. The rules shall require
433	that the property owner notify the department of any substantial
434	change in the property, either intentional or accidental, which
435	could impact the lead-safe status.
436	(4)(a)  Whenever an owner of an affected property intends
437	to make repairs or perform maintenance work that will disturb
438	the paint on interior surfaces of an affected property, the
439	owner shall give any tenant in such affected property at least
440	48 hours' written advance notice and shall make reasonable
441	efforts to ensure that all persons who are not persons at risk
442	are not present in the area where work is performed and that all
443	persons at risk are removed from the affected property when the
444	work is performed.
445	(b)  A tenant shall allow access to an affected property,
446	at reasonable times, to the owner to perform any work required
447	under this act.
448	(c)  If a tenant must vacate an affected property for a
449	period of 24 hours or more in order to allow an owner to perform
450	work that will disturb the paint on interior surfaces, the owner
451	shall pay the reasonable expenses that the tenant incurs and
452	that are directly related to the required relocation.
453	(d)  If an owner has made all reasonable efforts to cause
454	the tenant to temporarily vacate an affected property in order
455	to perform work that will disturb the paint on interior
456	surfaces, and the tenant refuses to vacate the affected
457	property, the owner is not liable for any damages arising from
458	the tenant's refusal to vacate.
459	(e)  If an owner has made all reasonable efforts to gain
460	access to an affected property in order to perform any work
461	required under this act, and the tenant refuses to allow access,
462	even after receiving reasonable advance notice of the need for
463	access, the owner is not liable for any damages arising from the
464	tenant's refusal to allow access.
465	Section 7.  Voluntary inspection; mandatory inspection.--
466	(1)  An owner of an affected property at any time may, at
467	the owner's expense, have a certified inspector perform an
468	inspection of the affected property to determine whether it
469	complies with the requirements for lead-free property status as
470	specified in section 6(1) or the requirements for lead-safe
471	property status as specified in section 6(2). The inspector
472	performing the voluntary inspection shall submit a verified
473	report of the result of the inspection to the director or the
474	director's designee for the jurisdiction in which such property
475	is located, to the owner, and to the tenant, if any, of the
476	affected property.
477	(2)  Any affected property certified as lead-free or lead-
478	safe following a voluntary inspection pursuant to subsection (1)
479	shall be deemed in compliance with all state and local
480	requirements, whether included in housing codes, ordinances, or
481	any other regulatory or criminal statutes or ordinances
482	governing lead paint contained in an affected property.
483	(3)  The Lead Poisoning Prevention Commission shall develop
484	a proposal for mandatory inspections of all affected properties
485	to be implemented by January 1, 2007, or shall develop
486	alternative measures of enforcement and penalties to ensure that
487	all affected properties comply with the lead-free standard
488	described in section 6(1) or the lead-safe standard described in
489	section 6(2) within a reasonable period of time after January 1,
490	2007.
491	(4)  After July 1, 2005, the director or the director's
492	designee for the jurisdiction in which an affected property is
493	located shall order an inspection of an affected property, at
494	the expense of the owner of the affected property, whenever the
495	director or the director's designee for the jurisdiction in
496	which such property is located is notified that there is
497	reasonable evidence that the affected property is not in
498	compliance with either the lead-free standard or the lead-safe
499	standard as those standards are defined in section 6 and a
500	person at risk resides in the affected property or spends more
501	than 24 hours per week in the affected property.  An inspection
502	required under this subsection shall be completed within 90 days
503	after notification of the director or the director's designee
504	for the jurisdiction in which such property is located. However,
505	if unavailability of sufficient staffing and appropriations do
506	not permit completion of the inspection within the prescribed
507	90-day period, the time limit for completion of the inspection
508	may be extended.
509	(5)  The director or the director's designee for the
510	jurisdiction in which an affected property is located shall
511	order an inspection of an affected property, at the expense of
512	the owner of the affected property, whenever the director or the
513	director's designee for the jurisdiction in which such property
514	is located is notified that a person at risk who resides in the
515	affected property or spends more than 24 hours per week in the
516	affected property has an elevated blood-lead level greater than
517	or equal to 15 ug/dL.  An inspection under this subsection shall
518	be completed within 15 days after notification of the director
519	or the director's designee for the jurisdiction in which such
520	property is located.
521	(6)  The inspector shall submit a verified report of the
522	result of the inspection to the director or the director's
523	designee for the jurisdiction in which such property is located,
524	to the owner, and to the tenant, if any, of the affected
525	property.
526	Section 8.  Certification of inspectors and contractors
527	performing work.--
528	(1)  A person may not act as a contractor or supervisor to
529	perform the work necessary for lead-hazard abatement as defined
530	in this act unless that person is certified by the department.
531	The department shall certify for these purposes any person
532	meeting the standards described in:
533	(a)  Regulations to be adopted by the department pursuant
534	to this act governing the certification of individuals to engage
535	in lead-based paint activities sufficient to satisfy the
536	requirements of 40 C.F.R. s. 745.325 or any applicable successor
537	provisions to 40 C.F.R. s. 745.325;
538	(b)  Certification by the United States Environmental
539	Protection Agency to engage in lead-based paint activities
540	pursuant to 40 C.F.R. s. 745.226 or any applicable successor
541	provisions to 40 C.F.R. s. 745.226; or
542	(c)  Certification by a state or tribal program authorized
543	by the United States Environmental Protection Agency to certify
544	individuals engaged in lead-based paint activities pursuant to
545	40 C.F.R. s. 745.325 or any applicable successor provisions to
546	40 C.F.R. s. 745.325.
547
548	The department shall, by rule, create exceptions to the
549	certification requirement for instances in which the disturbance
550	of lead-based paint is incidental.
551	(2)  A person may not act as an inspector to determine
552	whether affected property complies with the requirements for
553	lead-free property status as specified in section 6(1) or the
554	requirements for lead-safe property status as specified in
555	section 6(2) unless the person is certified by the department.
556	An inspector certified by the director shall conduct all
557	inspections required by section 7 or otherwise required by this
558	act. The director shall certify as an inspector any individual
559	meeting the requirements of paragraph (1)(a) or paragraph
560	(1)(b):
561	(a)  Rules to be adopted by the department pursuant to this
562	act governing the certification of individuals eligible to
563	conduct the inspections required by this act; or
564	(b)  Certification to conduct risk assessments by the
565	United States Environmental Protection Agency pursuant to 40
566	C.F.R. s. 745.226(b) or any applicable successor provisions to
567	40 C.F.R. s. 745.226.
568	(3)  The certification of contractors or supervisors of
569	those performing the work necessary for lead-hazard abatement,
570	and the certification of those performing the inspections
571	required by this section, shall extend for 3 years unless the
572	department has probable cause to believe a person certified
573	under this section has violated the terms of the certification
574	or engaged in illegal or unethical conduct related to
575	inspections required by this act, in which case the
576	certification to perform inspections shall be suspended pending
577	a hearing in accordance with the provisions of chapter 120,
578	Florida Statutes.
579	(4)  The department shall establish by rule a schedule of
580	fees for the certification of persons performing lead-hazard
581	abatement and a separate schedule for persons performing
582	inspections pursuant to this act. Such fees shall be required to
583	be paid at the time of initial certification and at the time of
584	subsequent renewal of certification, and shall be sufficient to
585	cover all costs pursuant to this section. Fees collected
586	pursuant to this subsection shall be deposited in the Department
587	of Health Administrative Trust Fund to be used for certification
588	purposes under this section.
589	(5)(a)  A person who violates any provision of this section
590	commits a misdemeanor of the first degree, punishable as
591	provided in section 775.082 or section 775.083, Florida
592	Statutes.
593	(b)  The department may deny a certification or
594	certification renewal if it determines that an applicant does
595	not meet all requirements of this section or has violated any
596	provision of this section. Any applicant who is denied
597	certification or recertification under this section is entitled
598	to a hearing, after reasonable notice, after filing a written
599	request for a hearing in accordance with chapter 120, Florida
600	Statutes.
601	(6)  In addition to any administrative action authorized by
602	chapter 120, Florida Statutes, the department may impose a fine,
603	which may not exceed $500 for each violation, for a violation of
604	this section, for a violation of any rule adopted under this
605	section, or for a violation of any of the provisions of chapter
606	386, Florida Statutes. Notice of intent to impose such a fine
607	shall be given by the department to the alleged violator. Each
608	day that a violation continues may constitutes a separate
609	violation for which the department may impose a fine.
610	(7)(a)  The department may issue citations that may contain
611	an order of correction or an order to pay a fine, or both, for
612	violations of this section or the a rule adopted by the
613	department, when a violation of this section or a rule is
614	enforceable by an administrative or civil remedy, or when a
615	violation of this section or rules is a misdemeanor of the
616	second degree. A citation issued under this section constitutes
617	a notice of proposed agency action.
618	(b)  The citation must be in writing and must describe the
619	particular nature of the violation, including specific reference
620	to the provisions of law or rule allegedly violated.
621	(c)  A fine imposed by a citation issued by the department
622	may not exceed $500 for each violation. Each day the violation
623	exists constitutes a separate violation for which a citation may
624	be issued.
625	(d)  The department shall inform the recipient, by written
626	notice pursuant to sections 120.569 and 120.57, Florida
627	Statutes, of the right to an administrative hearing to contest a
628	citation within 21 days after the date the citation is received.
629	The citation must contain a conspicuous statement that, if the
630	recipient fails to appear to contest the citation after having
631	requested a hearing, the recipient has waived his or her right
632	to contest the citation and must pay an amount up to the maximum
633	fine.
634	(e)  The department may reduce or waive the fine imposed by
635	a citation. In determining whether to reduce or waive the fine,
636	the department must consider the gravity of the violation, the
637	person's attempts at correcting the violation, and the person's
638	history of previous violations for which enforcement actions
639	were taken under this section or other provisions of law or
640	rule.
641	(f)  Any person who willfully refuses to sign and accept a
642	citation issued by the department commits a misdemeanor of the
643	second degree, punishable as provided in section 755.082 or
644	section 775.083, Florida Statutes.
645	(g)  The department shall deposit any fines it collects
646	under this section into the Department of Health Administrative
647	Trust Fund to be used for the costs of administering the
648	certification process under this section.
649	Section 9.  Enforcement.--
650	(1)  Owners of affected properties who fail to comply with
651	the provisions of section 6 shall be deemed in violation of this
652	act.  The Office of the Attorney General and any local
653	authorities responsible for the enforcement of housing codes
654	shall vigorously enforce civil remedies or criminal penalties
655	provided for by law which arise out of the failure to comply
656	with the requirements of this act and may seek injunctive relief
657	where appropriate.
658	(2)(a)  Any civil or criminal action by state or local
659	officials to enforce the provisions of this act shall be
660	reported to the director or his or her designee.
661	(b)  The director or his or her designee shall issue an
662	annual report outlining specifically the enforcement actions
663	brought pursuant to this section, the identity of the owners of
664	the affected properties, the authority bringing the enforcement
665	action, the nature of the action, and a description of the
666	criminal penalties or civil relief.
667	(c)  After the second written notice from the director, the
668	director's local designee, the Department of Community Affairs,
669	the state or local housing authority, the Department of Health,
670	or the local health department of violations of the provisions
671	of this act occurring within an affected property, or after two
672	criminal or civil actions brought by state or local officials to
673	enforce this act arising out of violations occurring within an
674	affected property, unless the violations alleged to exist are
675	corrected, the affected property shall be considered abandoned,
676	and the Attorney General, the director or his or her designee,
677	the Secretary of Community Affairs, the secretary's local
678	designee, the state or local housing authority, the Department
679	of Health, the local health department, or any other officials
680	having jurisdiction over the affected property shall have the
681	specific power to request the court to appoint a receiver for
682	the property.  The court in such instances may specifically
683	authorize the receiver to apply for loans, grants, and other
684	forms of funding necessary to correct lead-based-paint hazards
685	and meet the standards for lead-safe or lead-free status, and to
686	hold the affected property for such period of time as the
687	funding source may require to ensure that the purposes of the
688	funding have been met. The costs of such receivership shall
689	constitute a lien against the property which, if not discharged
690	by the owner upon receipt of the receiver's demand for payment,
691	constitutes grounds for foreclosure proceedings instituted by
692	the receiver to recover such costs.
693	Section 10.  Private right to injunctive relief.--
694	(1)  A person at risk shall be deemed to have a right to
695	housing that is lead-free or lead-safe under the standards set
696	forth in this act.
697	(2)  If an owner of an affected property fails to comply
698	with such standards, a person at risk or the parent or legal
699	guardian of a person at risk has a private right of action to
700	seek injunctive relief from a court with jurisdiction against
701	the owner of the affected property in the form of a court order
702	to compel compliance with the requirements of this act.
703	(3)  A court may not grant the injunctive relief requested
704	pursuant to this section, unless, at least 30 days prior to the
705	filing requesting the injunction, the owner of the affected
706	property has received written notice of the violation of
707	standards contained in section 6 and has failed to bring the
708	affected property into compliance with the applicable standards.
709	The requirement that the owner of the affected property receive
710	notice is satisfied if:
711	(a)  A person at risk or his or her parent, legal guardian,
712	or attorney has notified the owner of an affected property that
713	the property fails to meet the requirements for either lead-free
714	status under section 6(1) or for lead-safe status under section
715	6(2);
716	(b)  The director or his or her designee, a local or state
717	housing authority, or the Department of Health has notified the
718	owner of the affected property of violations of the provisions
719	of the act occurring within an affected property; or
720	(c)  A criminal or civil action pursuant to section 9 has
721	been brought by state or local enforcement officials to enforce
722	this act arising out of violations occurring within an affected
723	property.
724	(4)  A person who prevails in an action under subsection
725	(2) is entitled to an award of the costs of the litigation and
726	to an award of reasonable attorney's fees in an amount to be
727	fixed by the court.
728	(5)  Cases brought before the court under this section
729	shall be granted an accelerated hearing.
730	Section 11.  Retaliatory evictions prohibited.--
731	(1)  An owner of an affected property may not evict or take
732	any other retaliatory action against a person at risk or his or
733	her parent or legal guardian in response to the actions of the
734	person at risk or his or her parent or legal guardian for:
735	(a)  Providing information to the owner of the affected
736	property, the director, the director's designee for the
737	jurisdiction in which such property is located, the Secretary of
738	Community Affairs, the secretary's designee for the jurisdiction
739	in which such property is located, the Department of Health, the
740	Department of Community Affairs, local health officials, or
741	local housing officials concerning lead-based-paint hazards
742	within an affected property or elevated blood-lead levels of a
743	person at risk; or
744	(b)  Enforcing any of his or her rights under this act.
745	(2)  For purposes of this section, the term "retaliatory
746	action" includes any of the following actions in which the
747	activities protected under subsection (1) are a material factor
748	in motivating that action:
749	(a)  A refusal to renew a lease;
750	(b)  Termination of a tenancy;
751	(c)  An arbitrary rent increase or decrease in services to
752	which the person at risk or his or her parent or legal guardian
753	is entitled; or
754	(d)  Any form of constructive eviction.
755	(3)  A person at risk or his or her parent or legal
756	guardian subject to an eviction or retaliatory action under this
757	section is entitled to relief deemed just and equitable by the
758	court and is eligible for reasonable attorney's fees and costs.
759	Section 12.  Educational programs.--
760	(1)  In order to achieve the purposes of this act, a
761	statewide, multifaceted, ongoing educational program designed to
762	meet the needs of tenants, property owners, health care
763	providers, early childhood educators and care providers,
764	realtors and real estate agents, insurers and insurance agents,
765	and local building officials is established.
766	(2)  The Governor, in conjunction with the director and the
767	Lead Poisoning Prevention Commission, shall sponsor a series of
768	public service announcements on radio, television, the Internet,
769	and print media about the nature of lead-based-paint hazards,
770	the importance of standards for lead poisoning prevention in
771	properties, the importance of lead-free and lead-safe housing,
772	and the purposes and responsibilities set forth in this act. In
773	developing and coordinating this public information initiative,
774	the sponsors shall seek the participation and involvement of
775	private industry organizations, including those involved in real
776	estate, insurance, mortgage banking, and pediatrics.
777	(3)  By January 1, 2005, the director, in consultation with
778	the Lead Poisoning Prevention Commission, shall develop
779	culturally and linguistically appropriate information pamphlets
780	regarding childhood lead poisoning, the importance of testing
781	for elevated blood-lead levels, prevention of childhood lead
782	poisoning, treatment of childhood lead poisoning, and where
783	appropriate, the requirements of this act. These information
784	pamphlets shall be distributed to parents or the other legal
785	guardians of children 6 years of age or younger on the following
786	occasions:
787	(a)  By the owner of any affected property or his or her
788	agents or employees at the time of the initiation of a rental
789	agreement to a new tenant whose household includes a person at
790	risk or any other woman of childbearing age;
791	(b)  By the health care provider at the time of the child's
792	birth and at the time of any childhood immunization or
793	vaccination unless it is established that such information
794	pamphlet has been provided previously to the parent or legal
795	guardian by the health care provider within the prior 12 months;
796	and
797	(c)  By the owner or operator of any child care facility or
798	preschool or kindergarten class on or before October 15 of the
799	calendar year.
800	(4)  By January 1, 2005, the director, in conjunction with
801	the Department of Community Affairs, shall establish guidelines
802	and a trainer's manual for a Lead Poisoning Prevention for
803	Properties Awareness Seminar with a total class time of 3 hours
804	or less.  The seminar shall be offered by professional
805	associations and community organizations with a training
806	capacity, existing accredited educational institutions, and for-
807	profit educational providers. The seminar shall be reviewed and
808	approved, based on the seminar content and qualifications of
809	instructors, by the Department of Community Affairs.
810	Section 13.  Screening program.--
811	(1)  The director shall establish a program for early
812	identification of persons at risk of having elevated blood-lead
813	levels. Such program shall systematically screen children under
814	6 years of age in the target populations identified in
815	subsection (2) for the presence of elevated blood-lead levels.
816	Children within the specified target populations shall be
817	screened with a blood-lead test at age 12 months and age 24
818	months, or between the ages of 36 months and 72 months if they
819	have not previously been screened. The director shall establish:
820	(a)  The means by which and the intervals at which such
821	children under 6 years of age shall be screened for lead
822	poisoning and elevated blood-lead levels; and
823	(b)  Guidelines for the medical followup of children found
824	to have elevated blood-lead levels.
825
826	The director shall consult with recognized professional medical
827	groups and such other sources as he or she deems appropriate to
828	develop the screening requirements.
829	(2)  In developing screening programs to identify persons
830	at risk with elevated blood-lead levels, the director shall give
831	priority to persons within the following categories:
832	(a)  All children enrolled in the Medicaid program at ages
833	12 months and 24 months, or between the ages of 36 months and 72
834	months if they have not previously been screened;
835	(b)  Children under the age of 6 years exhibiting delayed
836	cognitive development or other symptoms of childhood lead
837	poisoning;
838	(c)  Persons at risk residing in the same household, or
839	recently residing in the same household, as another person at
840	risk with a blood-lead level of 10 ug/dL or greater;
841	(d)  Persons at risk residing, or who have recently
842	resided, in buildings or geographical areas in which significant
843	numbers of cases of lead poisoning or elevated blood-lead levels
844	have recently been reported;
845	(e)  Persons at risk residing, or who have recently
846	resided, in affected properties contained in buildings that
847	during the preceding 3 years have been subject to enforcement
848	actions, injunctive relief actions, or receivership actions for
849	violations of lead-poisoning-prevention regulations as specified
850	by the director; and
851	(f)  Persons at risk residing in other buildings or
852	geographical areas in which the director reasonably determines
853	there is a significant risk of affected individuals having a
854	blood-lead level of 10 ug/dL or greater.
855	(3)  The director shall maintain comprehensive records of
856	all screenings conducted pursuant to this section. Such records
857	shall be indexed geographically and by owner in order to
858	determine the location of areas of relatively high incidence of
859	lead poisoning and other elevated blood-lead levels.
860
861	All cases or probable cases of lead poisoning found in the
862	course of screenings conducted pursuant to this section shall be
863	reported within 5 working days to the affected individual, to
864	his or her parent or legal guardian if he or she is a minor, and
865	to the director.
866	Section 14.  Rule authority.--The department shall adopt
867	the rules necessary for the duties conferred upon it under the
868	"Florida Childhood Lead Poisoning Reduction Act" pursuant to
869	sections 120.536 and 120.54, Florida Statutes.
870	Section 15.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.