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A bill to be entitled

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An act relating to toxic substances in children's

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products; providing definitions; prohibiting a person from

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using or applying a toxic substance in or on any toy or

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child care article in this state; prohibiting a person

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from manufacturing, selling, offering for sale, or

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distributing a toy or child care article that contains a

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toxic substance; providing an exception; providing civil

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fines for manufacturing, selling, offering for sale, or

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distributing a toy or child care article that contains a

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toxic substance; requiring that certain civil fines be

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waived under specified circumstances; providing that a

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knowing and intentional violation of the act is a felony

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of the third degree; providing criminal penalties;

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providing an effective date.

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

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     Section 1. Toxic substances in children's products;

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limitations on use of toxic substance; exceptions; civil fines;

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criminal penalties.--

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     (1) As used in this section, the term:

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     (a) "Child" means an individual who is 7 years of age or

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younger.

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     (b) "Child care article" means a product designed or

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intended by the manufacturer to facilitate the sleep, relaxation,

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or feeding of a child or to help a child with sucking or

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teething.

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     (c) "Consumer" means an individual; a child, by and through

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its parent or legal guardian; or a business, firm, association,

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joint venture, partnership, estate, trust, business trust,

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syndicate, fiduciary, corporation, any commercial entity, however

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denominated, or any other group or combination.

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     (d) "Person" has the same meaning as provided in s. 1.01,

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Florida Statutes.

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     (e) "Toxic substance" means a substance that contains lead,

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or a coating on an item that contains lead, so that the lead

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content is more than 0.06 percent of the total weight. The term

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does not include glass or crystal decorative components,

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electrical components, or any component that is not accessible

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through normal and reasonably foreseeable use and abuse of a toy

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or article of child care. For purposes of this section, a

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component is "not accessible" if it cannot be touched with an

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articulated probe meant to simulate a child's finger both before

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and after use and abuse testing, such as drop, torque, tension,

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compression, and other applicable testing performed in a manner

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described in 16 C.F.R. part 1500.

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     (f) "Toy" means an article designed and made for the

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amusement of a child or for the child's use in play.

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     (2)(a) A person may not use or apply a toxic substance in

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or on any toy or child care article in this state.

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     (b) A person may not manufacture, sell, offer for sale, or

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distribute a toy or child care article in this state which

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contains a toxic substance.

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     (c) This section does not apply to the sale of a

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collectible toy that is not marketed to or intended to be used by

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a minor.

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     (3) Except as otherwise provided in subsection (4), if a

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person who is not an individual consumer violates subsection (2),

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that person is liable for a civil fine of not more than:

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     (a) One hundred dollars per item, not to exceed $5,000, for

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the first violation.

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     (b) Five hundred dollars per item, not to exceed $25,000,

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for a second violation.

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     (c) One thousand dollars per item, not to exceed $50,000,

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for a third or subsequent violation.

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     (4) A civil fine imposed under subsection (3) must be

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waived if the person acted in good faith to comply with this

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section, pursued compliance with due diligence, and promptly

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corrected any noncompliance after discovering the violation.

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     (5) If a person who is not an individual consumer knowingly

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and intentionally violates subsection (2), that person:

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     (a) Commits a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084, Florida

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Statutes; and

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     (b) Is liable for a civil fine of not more than $3,000 per

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item, not to exceed $150,000 for the intentional violation.

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