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A bill to be entitled

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An act relating to lead poisoning prevention; creating s.

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381.99, F.S.; providing a short title; providing

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definitions; creating the Florida Lead-based Paint

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Reduction Program within the Department of Health;

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requiring certification of individuals and firms

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performing lead-reduction activities; requiring the

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department to develop course accreditation and

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certification standards and requirements; providing

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exceptions from certification requirements; requiring the

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department to adopt minimum qualifications for

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certification; providing for renewal of certification;

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requiring the department to establish criteria and a fee

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schedule for examinations and certification; providing for

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such fees to be deposited into the Lead Poisoning

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Prevention Trust Fund; requiring a person to provide

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notification of lead-based paint abatement activities to

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the department; providing certain exceptions; requiring

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the department to adopt standards; requiring the

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department to prepare a fact sheet on abatement for

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distribution to consumers; requiring the department to

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adopt rules; providing a contingent effective date.

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     WHEREAS, improperly conducted lead removal from housing and

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the environment has contributed to severe childhood lead

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poisoning, and

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     WHEREAS, ensuring that professionals are trained to properly

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perform lead-reduction activities will also help protect children

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from the irreversible effects of lead poisoning which can

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contribute to learning disabilities, lowered intelligence,

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violent behavior, and poor school performance, and

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     WHEREAS, a significant cause of lead poisoning in children

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is the ingestion of lead particles from deteriorating lead-based

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paint in older, poorly maintained residential dwellings, and

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     WHEREAS, childhood lead poisoning can be prevented if

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property owners, project managers, construction managers, health

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professionals, lead-remediation workers, those who work with

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young children, and parents are informed about the risks of

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childhood lead poisoning and how to prevent it, and

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     WHEREAS, ensuring proper lead remediation will reduce the

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number of children in Florida requiring special medical and

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educational services, NOW, THEREFORE,

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

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     Section 1. 381.99 Lead-based paint reduction.--

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     (1) SHORT TITLE.--This section may be cited as the "Florida

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Lead-based Paint Reduction Program Act."

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Abatement" means any measure or set of measures

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designed to permanently eliminate lead-based paint hazards.

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1. The term includes, but is not limited to:

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     a. The removal of lead-based paint and lead-contaminated

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dust, the permanent enclosure or encapsulation of lead-based

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paint, the replacement of lead-painted surfaces or fixtures, and

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the removal or covering of lead-contaminated soil;

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     b. All preparation, cleanup, disposal, and postabatement

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clearance-testing activities associated with the measures

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specified in sub-subparagraph a.;

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     c. Any project for which there is a written contract or

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other documentation providing that an individual or certified

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firm will be conducting activities in or to a residential

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dwelling or child-occupied facility which:

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     (I) Results in the permanent elimination of lead-based

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paint hazards; or

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     (II) Is designed to permanently eliminate lead-based paint

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hazards and is described in this paragraph;

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     d. Any project resulting in the permanent elimination of

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lead-based paint hazards which is conducted by a firm or

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individual certified in accordance with this section, unless such

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project is covered by subparagraph 2.;

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     e. Any project resulting in the permanent elimination of

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lead-based paint hazards which is conducted by a firm or

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individual who, through the company name or promotional

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literature, represents, advertises, or holds himself or herself

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out to be in the business of performing lead-based paint

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activities, unless such project is covered by subparagraph 2.; or

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     f. Any project resulting in the permanent elimination of

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lead-based paint hazards which is conducted in response to

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abatement orders by the state or local government.

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     2. The term does not include renovation, remodeling,

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landscaping, or other activities when such activities are not

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designed to permanently eliminate lead-based paint hazards, but

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are designed to repair, restore, or remodel a given structure or

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residential dwelling, even though these activities may

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incidentally result in a reduction or elimination of lead-based

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paint hazards. The term does not include interim controls,

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operations, and maintenance activities or other measures and

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activities designed to temporarily, but not permanently, reduce

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lead-based paint hazards.

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     (b) "Affected property" means a room or group of rooms

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within a property constructed before January 1, 1960, or within a

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property constructed between January 1, 1960, and January 1,

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1978, where the owner has knowledge of the presence of lead-based

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paint, which form a single, independent habitable dwelling unit

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for occupation by one or more individuals and has facilities for

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living, sleeping, eating, cooking, and sanitation. The term does

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not include:

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     1. An area that is not used for living, sleeping, eating,

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cooking, or sanitation, such as an unfinished basement;

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     2. A unit within a hotel, motel, or similar seasonal or

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transient facility, unless such unit is occupied by one or more

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persons at risk for a period exceeding 30 days;

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     3. An area that is secured and inaccessible to occupants;

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or

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     4. A unit that is not offered for rent.

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     (c) "Accredited training program" means a training program

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that has been accredited by the Department of Health to provide

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training for individuals engaged in lead-based paint activities.

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     (d) "Certified firm" means a company, partnership,

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corporation, sole proprietorship, association, or other business

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entity that performs lead-based paint activities and that is

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certified by the department.

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     (e) "Certified abatement worker" means an individual who

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has successfully completed an accredited training program and who

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is certified by the department to perform lead-based paint

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abatement activities.

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     (f) "Certified risk assessor" means an individual who is

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trained by an accredited training program and certified by the

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department to conduct risk assessments and to take samples for

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the presence of lead in paint chips, dust, and soil for the

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purposes of clearance inspections.

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     (g) "Certified supervisor" means an individual who is

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trained by an accredited training program and certified by the

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department to supervise and conduct abatements and prepare

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occupant-protection plans and abatement reports.

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     (h) "Child-occupied facility" means a building, or portion

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of a building, constructed before 1978, visited regularly by the

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same child who is 6 years of age or younger on at least 2 days

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within any week if each day's visit lasts at least 3 hours and

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the combined annual visits last at least 60 hours. The term

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includes, but is not limited to, day care centers, preschools,

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and kindergarten classrooms.

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     (i) "Clearance inspection" means a visual inspection and

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the collection of environmental samples by an inspector or risk

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assessor and analysis by an accredited laboratory, as determined

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by the National Lead Laboratory Accreditation Program of the

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United States Environmental Protection Agency, upon completion of

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an abatement project, interim control intervention, or

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maintenance job that disturbs lead-based paint.

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     (j) "Department" means the Department of Health.

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     (k) "Dust-lead hazard" means surface dust in a residential

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dwelling or a facility occupied by a person at risk which

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contains a mass-per-area concentration of lead equal to or

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exceeding 40 micrograms per square foot on interior floors or 250

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micrograms per square foot on interior window sills based on wipe

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samples.

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     (l) "Elevated blood-lead level" means a quantity of lead in

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whole venous blood which exceeds 10 micrograms per deciliter.

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     (m) "Inspection" means a room-by-room, surface-by-surface

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investigation to determine the presence of lead-based paint and

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the provision of a report explaining the results of the

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investigation in accordance with current guidelines of the United

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States Department of Housing and Urban Development.

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     (n) "Lead-based paint" means paint or other surface

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coatings that contain lead equal to, or exceeding 1 milligram per

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square centimeter, 0.5 percent by weight, or 5,000 parts per

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million by weight.

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     (o) "Lead-based paint activities" means, in the case of

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target housing and child-occupied facilities, inspection, risk

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assessment, and abatement.

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     (p) "Lead-based paint hazard" means any one of the

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following:

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     1. Any lead-based paint on a friction surface that is

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subject to abrasion and where the lead levels on the nearest

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horizontal surface underneath the friction surface, such as the

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windowsill or floor, are equal to or greater than the dust-lead

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hazard levels.

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     2. Any damaged or otherwise deteriorated lead-based paint

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on an impact surface that is caused by impact from a related

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building material, such as a door knob that knocks into a wall or

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a door that knocks against its door frame.

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     3. Any chewable lead-based painted surface on which there is

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evidence of teeth marks.

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     4. Any other deteriorated lead-based paint in or on the

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exterior of any residential building or any facility occupied by

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a person at risk.

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     (q) "Person at risk" means a child younger than 6 years of

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age or a pregnant woman who resides in or regularly spends at

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least 24 hours per week in an affected property.

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     (r) "Reduction" means measures designed to reduce or

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eliminate human exposure to lead-based paint hazards through

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methods that include interim controls and abatement.

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     (s) "Residential dwelling" means:

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     1. A detached single-family dwelling unit, including

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attached structures, such as porches and stoops; or

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     2. A single-family dwelling unit in a structure that

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contains more than one separate residential dwelling unit and

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that is used or occupied, or intended to be used or occupied, in

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whole or in part, as the home or residence of one or more

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persons.

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     (t) "Risk assessment" means:

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     1. An on-site investigation to determine the existence,

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nature, severity, and location of lead-based paint hazards; and

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     2. The provision of a report by the individual or the firm

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conducting the risk assessment which explains the results of the

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investigation and options for reducing lead-based paint hazards.

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     (u) "Target housing" means any housing constructed before

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1978, except housing for the elderly or persons with

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disabilities, unless one or more children 6 years of age or

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younger reside or are expected to reside in such housing and any

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zero-bedroom dwelling.

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     (3) TRAINING AND CERTIFICATION OF AN INDIVIDUAL.--

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     (a) An individual may not perform or offer to perform an

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inspection, risk assessment, or abatement of a target facility,

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affected property, or child-occupied facility unless the

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individual is certified by the department to perform such

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activity. To ensure that proper procedures are used while

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performing an inspection, risk assessment, or abatement, the

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certification requirement applies to each activity.

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     (b) The department shall develop course accreditation and

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certification standards and requirements for any abatement

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categories required under federal law. Certification as an

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abatement inspector, risk assessor, or worker shall be granted

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only to individuals who successfully complete a department-

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accredited course conducted by a provider accredited by the

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department.

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     (c) The certification requirement imposed by this

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subsection does not apply to an individual who performs an

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abatement of a residential dwelling that the individual owns and

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occupies as a residence, unless the residential dwelling is

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occupied by an individual or individuals other than the owner or

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the owner's immediate family before, or for 1 year after, an

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abatement is performed.

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     (4) CERTIFICATION OF A FIRM.--

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     (a) A firm or other entity may not perform or offer to

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perform an inspection, risk assessment, or abatement of a target

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facility unless the firm or entity is certified by the department

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as qualified to perform the activity. A firm or entity that

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performs an inspection, risk assessment, or abatement of a target

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facility may not employ an individual to perform the inspection,

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risk assessment, or abatement unless the individual is certified

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by the department to perform the activity.

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     (b) In order to be certified under this section, a firm or

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entity must meet the qualification requirements set by the

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department. The department shall adopt by rule minimum

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qualifications for the certification of firms and course

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providers.

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     (5) RENEWAL.--A certification of an individual, course

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provider, or firm issued under this section expires on the last

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day of the 36th month after the date of issuance. A certification

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shall be renewed by paying the renewal fee within the established

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timeframe and according to the adopted minimum qualifications for

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certification of firms, course providers, and individuals.

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     (6) CERTIFICATION AND ACCREDITATION FEES.--

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     (a) The department shall establish fees for:

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     1. Examination for individual certification.

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     2. Individual certification as an abatement worker.

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     3. Individual certification as a risk-assessor.

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     4. Individual certification as an inspector.

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     5. Individual certification as a supervisor.

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     6. Initial course provider accreditation.

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     7. Renewal course accreditation.

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     8. Firm certification.

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The fees for examination and certification apply to each category

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in which a person is examined for certification or receives

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certification.

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     (b) The fees imposed under this subsection shall be

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sufficient to meet the cost of administering this section and

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shall be deposited by the department into the Lead Poisoning

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Prevention Trust Fund and used solely to support the Florida

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Lead-based Paint Reduction Program and the training and

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certification required under the program.

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     (7) ABATEMENT NOTIFICATION.--

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     (a) A person may not conduct an abatement of a target

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facility, a child-occupied facility, a residential dwelling, or

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an affected property unless the person has provided notification

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to the department of the abatement. The department shall

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establish a procedure for providing notification. Notification

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authorizes the department to enter and assess the identified

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abatement worksite for the purpose of enforcing the requirements

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of this section.

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     (b) An individual who owns a single-family dwelling,

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conducts an abatement of the dwelling, and resides in the

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dwelling after the abatement is complete is not required to

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provide notification to the department unless the dwelling is

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occupied by an individual or individuals other than the owner or

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the owner's immediate family before, and for 1 year after, the

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abatement is performed or unless a child residing in the building

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has been identified as having an elevated blood-lead level.

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     (8) STANDARDS AND PROCEDURES FOR ELIMINATION OF HAZARDS;

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CONSUMER INFORMATION.--

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     (a) The department shall adopt standards established by the

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United States Environmental Protection Agency to ensure that

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abatement performed under this section results in the elimination

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of lead-based paint hazards. An inspection, risk assessment, or

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abatement performed under this section must be performed in

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accordance with the procedures defined by rules of the

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department.

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     (b) The department shall prepare a fact sheet on abatement

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for distribution to consumers. The sheet shall list certified

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firms and various measures known to the department for the

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abatement of target housing and child-occupied facilities.

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     (9) RULES.--The Department of Health shall adopt rules to

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administer this section, including, but not limited to, methods,

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fees, standards, and abatement procedures.

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     Section 2.  This act shall take effect July 1, 2008, if SB

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____, or similar legislation is adopted in the same legislative

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session or an extension thereof and becomes law.