Senate Bill sb0642c1
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Florida Senate - 2006 CS for SB 642
By the Committee on Judiciary; and Senator Miller
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1 A bill to be entitled
2 An act relating to the Lead Poisoning
3 Prevention Screening and Education Act;
4 providing a short title; providing legislative
5 findings; providing definitions; providing for
6 the establishment of a statewide comprehensive
7 educational program on lead poisoning
8 prevention; providing for a public information
9 initiative; providing for distribution of
10 literature about childhood lead poisoning;
11 requiring the establishment of a screening
12 program for early identification of persons at
13 risk of elevated levels of lead in the blood;
14 providing for screening of children; providing
15 for prioritization of screening; providing for
16 the maintenance of records of screenings;
17 providing for reporting of cases of lead
18 poisoning; providing an appropriation;
19 providing contingencies for implementing the
20 educational program under the act; providing
21 effective dates.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Short title.--This act may be cited as the
26 "Lead Poisoning Prevention Screening and Education Act."
27 Section 2. Legislative findings.--
28 (1) Nearly 300,000 American children may have levels
29 of lead in their blood in excess of 10 micrograms per
30 deciliter (ug/dL). Unless prevented or treated, elevated
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1 blood-lead levels in egregious cases may result in impairment
2 of the ability to think, concentrate, and learn.
3 (2) A significant cause of lead poisoning in children
4 is the ingestion of lead particles from deteriorating
5 lead-based paint in older, poorly maintained residences.
6 (3) Childhood lead poisoning can be prevented if
7 parents, property-owners, health professionals, and those who
8 work with young children are informed about the risks of
9 childhood lead poisoning and how to prevent it.
10 (4) Knowledge of lead-based-paint hazards, their
11 control, mitigation, abatement, and risk avoidance is not
12 sufficiently widespread.
13 (5) Most children who live in older homes and who
14 otherwise may be at risk for childhood lead poisoning are not
15 tested for the presence of elevated lead levels in their
16 blood.
17 (6) Testing for elevated lead levels in the blood can
18 lead to the mitigation or prevention of the harmful effects of
19 childhood lead poisoning and may also prevent similar injuries
20 to other children living in the same household.
21 Section 3. Definitions.--As used in this act, the
22 term:
23 (1) "Affected property" means a room or group of rooms
24 within a property constructed before January 1, 1960, or
25 within a property constructed between January 1, 1960, and
26 January 1, 1978, where the owner has actual knowledge of the
27 presence of lead-based paint, that form a single independent
28 habitable dwelling unit for occupation by one or more
29 individuals and that has living facilities with permanent
30 provisions for living, sleeping, eating, cooking, and
31 sanitation. Affected property does not include:
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1 (a) An area not used for living, sleeping, eating,
2 cooking, or sanitation, such as an unfinished basement;
3 (b) A unit within a hotel, motel, or similar seasonal
4 or transient facility, unless such unit is occupied by one or
5 more persons at risk for a period exceeding 30 days;
6 (c) An area that is secured and inaccessible to
7 occupants; or
8 (d) A unit that is not offered for rent.
9 (2) "Dust-lead hazard" means surface dust in a
10 residential dwelling or a facility occupied by a person at
11 risk which contains a mass-per-area concentration of lead
12 equal to or exceeding 40 ug/ft2 on floors or 250 ug/ft2 on
13 interior windowsills based on wipe samples.
14 (3) "Elevated blood-lead level" means a quantity of
15 lead in whole venous blood, expressed in micrograms per
16 deciliter (ug/dL), which exceeds 10 ug/dL or such other level
17 as specifically provided in this act.
18 (4) "Lead-based paint" means paint or other surface
19 coatings that contain lead equal to or exceeding 1.0 milligram
20 per square centimeter, 0.5 percent by weight, or 5,000 parts
21 per million (ppm) by weight.
22 (5) "Lead-based-paint hazard" means paint-lead hazards
23 and dust-lead hazards.
24 (6) "Owner" means a person, firm, corporation,
25 nonprofit organization, partnership, government, guardian,
26 conservator, receiver, trustee, executor, or other judicial
27 officer, or other entity which, alone or with others, owns,
28 holds, or controls the freehold or leasehold title or part of
29 the title to property, with or without actually possessing it.
30 The definition includes a vendee who possesses the title, but
31 does not include a mortgagee or an owner of a reversionary
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1 interest under a ground rent lease. The term includes any
2 authorized agent of the owner, including a property manager or
3 leasing agent.
4 (7) "Paint-lead hazard" means any one of the
5 following:
6 (a) Any lead-based paint on a friction surface that is
7 subject to abrasion and where the dust-lead levels on the
8 nearest horizontal surface underneath the friction surface,
9 such as the windowsill or floor, are equal to or greater than
10 the dust-lead-hazard levels defined in subsection (2);
11 (b) Any damaged or otherwise deteriorated lead-based
12 paint on an impact surface that is caused by impact from a
13 related building material, such as a door knob that knocks
14 into a wall or a door that knocks against its door frame;
15 (c) Any chewable lead-based painted surface on which
16 there is evidence of teeth marks; or
17 (d) Any other deteriorated lead-based paint in or on
18 the exterior of any residential building or any facility
19 occupied by a person at risk.
20 (8) "Person at risk" means a child under the age of 6
21 years or a pregnant woman who resides or regularly spends at
22 least 24 hours per week in an affected property.
23 (9) "Secretary" means the secretary of the Department
24 of Health or a designee chosen by the secretary to administer
25 the Lead Poisoning Prevention Screening and Education Act.
26 (10) "Tenant" means the individual named as the lessee
27 in a lease, rental agreement, or occupancy agreement for a
28 dwelling unit.
29 Section 4. Educational programs.--
30 (1) LEAD POISONING PREVENTION EDUCATIONAL PROGRAM
31 ESTABLISHED.--In order to achieve the purposes of this act, a
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1 statewide, multifaceted, ongoing educational program designed
2 to meet the needs of tenants, property owners, health care
3 providers, early childhood educators, care providers, and
4 realtors is established.
5 (2) PUBLIC INFORMATION INITIATIVE.--The Governor, in
6 conjunction with the Secretary of Health and his or her
7 designee, shall sponsor a series of public service
8 announcements on radio, television, the Internet, and print
9 media about the nature of lead-based-paint hazards, the
10 importance of standards for lead poisoning prevention in
11 properties, and the purposes and responsibilities set forth in
12 this act. In developing and coordinating this public
13 information initiative, the sponsors shall seek the
14 participation and involvement of private industry
15 organizations, including those involved in real estate,
16 insurance, mortgage banking, and pediatrics.
17 (3) DISTRIBUTION OF LITERATURE ABOUT CHILDHOOD LEAD
18 POISONING.--By January 1, 2007, the Secretary of Health or his
19 or her designee shall develop culturally and linguistically
20 appropriate information pamphlets regarding childhood lead
21 poisoning, the importance of testing for elevated blood-lead
22 levels, prevention of childhood lead poisoning, treatment of
23 childhood lead poisoning, and, where appropriate, the
24 requirements of this act. These information pamphlets shall be
25 distributed to parents or the other legal guardians of
26 children 6 years of age or younger on the following occasions:
27 (a) By a health care provider at the time of a child's
28 birth and at the time of any childhood immunization or
29 vaccination unless it is established that such information
30 pamphlet has been provided previously to the parent or legal
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1 guardian by the health care provider within the prior 12
2 months.
3 (b) By the owner or operator of any child care
4 facility or preschool or kindergarten class on or before
5 October 15 of the calendar year.
6 Section 5. Screening program.--
7 (1) The secretary shall establish a program for early
8 identification of persons at risk of having elevated
9 blood-lead levels. Such program shall systematically screen
10 children under 6 years of age in the target populations
11 identified in subsection (2) for the presence of elevated
12 blood-lead levels. Children within the specified target
13 populations shall be screened with a blood-lead test at age 12
14 months and age 24 months, or between the ages of 36 months and
15 72 months if they have not previously been screened. The
16 secretary shall, after consultation with recognized
17 professional medical groups and such other sources as the
18 secretary deems appropriate, promulgate rules establishing:
19 (a) The means by which and the intervals at which such
20 children under 6 years of age shall be screened for lead
21 poisoning and elevated blood-lead levels.
22 (b) Guidelines for the medical followup on children
23 found to have elevated blood-lead levels.
24 (2) In developing screening programs to identify
25 persons at risk with elevated blood-lead levels, priority
26 shall be given to persons within the following categories:
27 (a) All children enrolled in the Medicaid program at
28 ages 12 months and 24 months, or between the ages of 36 months
29 and 72 months if they have not previously been screened.
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1 (b) Children under the age of 6 years exhibiting
2 delayed cognitive development or other symptoms of childhood
3 lead poisoning.
4 (c) Persons at risk residing in the same household, or
5 recently residing in the same household, as another person at
6 risk with a blood-lead level of 10 ug/dL or greater.
7 (d) Persons at risk residing, or who have recently
8 resided, in buildings or geographical areas in which
9 significant numbers of cases of lead poisoning or elevated
10 blood-lead levels have recently been reported.
11 (e) Persons at risk residing, or who have recently
12 resided, in an affected property contained in a building that
13 during the preceding 3 years has been subject to enforcement
14 for violations of lead-poisoning-prevention statutes,
15 ordinances, rules, or regulations as specified by the
16 secretary.
17 (f) Persons at risk residing, or who have recently
18 resided, in a room or group of rooms contained in a building
19 whose owner also owns a building containing affected
20 properties which during the preceding 3 years has been subject
21 to an enforcement action for a violation of
22 lead-poisoning-prevention statutes, ordinances, rules, or
23 regulations.
24 (g) Persons at risk residing in other buildings or
25 geographical areas in which the secretary reasonably
26 determines there to be a significant risk of affected
27 individuals having a blood-lead level of 10 ug/dL or greater.
28 (3) The secretary shall maintain comprehensive records
29 of all screenings conducted pursuant to this section. Such
30 records shall be indexed geographically and by owner in order
31 to determine the location of areas of relatively high
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1 incidence of lead poisoning and other elevated blood-lead
2 levels.
3
4 All cases or probable cases of lead poisoning found in the
5 course of screenings conducted pursuant to this section shall
6 be reported to the affected individual, to his or her parent
7 or legal guardian if he or she is a minor, and to the
8 secretary.
9 Section 6. For the 2006-2007 fiscal year, the sum of
10 $308,000 in recurring general revenue funds is appropriated to
11 the Department of Health for the purpose of implementing
12 section 5 of this act.
13 Section 7. Section 4 shall take effect only if the
14 requirements in that section are consistent with requirements
15 of any federal childhood lead-poisoning-prevention grant
16 awarded to the Department of Health and if federal funds
17 awarded with any such grant are permitted to be used to
18 implement the requirements in that section.
19 Section 8. Except as otherwise expressly provided in
20 this act, this act shall take effect July 1, 2006.
21
22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 Senate Bill 642
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25 -- Provides that the $308,000 recurring general revenue
funds are appropriated solely for the implementation of
26 the section of the act related to identification of
persons at risk of having elevated blood-lead levels.
27
-- Provides that only implementation of the educational
28 program section of the act is contingent upon receipt of
any federal childhood lead-poisoning-prevention grant.
29
-- Provides that the educational program section of the act
30 may be implemented only to the extent that it is
consistent with the requirements of any federal childhood
31 lead-poisoning-prevention grant received.
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