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Senate Bill 2202

Senate Bill sb2202

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2202

    By Senator Miller





    18-1437-04                                          See HB 937

  1                      A bill to be entitled

  2         An act relating to the Florida Childhood Lead

  3         Poisoning Reduction Act; providing a popular

  4         name; creating the "Florida Childhood Lead

  5         Poisoning Reduction Act"; providing legislative

  6         findings; providing legislative purposes of the

  7         act; providing for a Director of Lead Poisoning

  8         Prevention; providing duties and

  9         responsibilities of the director; providing for

10         a Lead Poisoning Prevention Coordinating

11         Council; providing membership of the council;

12         providing for the establishment of a statewide

13         program for the prevention, screening,

14         diagnosis, and treatment of lead poisoning;

15         providing for a Lead Poisoning Prevention

16         Commission; providing for membership and duties

17         of the commission; providing criteria for

18         lead-free and lead-safe property status;

19         providing notice requirements when an owner of

20         an affected property intends to make repairs to

21         or perform specified maintenance work on an

22         affected property; providing requirements and

23         procedures with respect to access to and

24         vacation of affected properties; providing for

25         voluntary inspection of affected properties;

26         requiring the Lead Poisoning Prevention

27         Commission to develop a proposal for the

28         implementation of mandatory inspections of all

29         affected properties or to develop alternative

30         measures of enforcement and penalties to ensure

31         compliance with lead-free or lead-safe

                                  1

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         standards by a specified date; providing for

 2         involuntary inspections under specified

 3         circumstances; providing for inspection

 4         reports; providing for accreditation of persons

 5         performing lead-hazard-reduction activities;

 6         providing for accreditation of persons

 7         performing inspections; providing for duration

 8         of accreditation; providing registration fees

 9         for persons performing lead-hazard abatement

10         and persons performing inspections; providing

11         for deposit of fees; providing for enforcement;

12         providing requirements for immunity from civil

13         liability for injuries or damages resulting

14         from the ingestion of lead; providing

15         exceptions to immunity; providing requirements

16         with respect to documentation and notification

17         of injury; providing procedure and requirements

18         with respect to a qualified offer; providing

19         for maximum amounts payable under a qualified

20         offer; providing for certification of

21         compliance with respect to a qualified offer;

22         providing for presumption of negligence in

23         actions against property owners not in

24         compliance; providing for enforcement of the

25         act; providing for reporting of enforcement

26         actions; providing for receivership of

27         properties not meeting certain standards;

28         providing for injunctive relief; providing for

29         notice of intent to seek injunctive relief;

30         providing for recovery of costs and attorney's

31         fees; prohibiting retaliatory evictions;

                                  2

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         defining "retaliatory action"; providing for

 2         relief for retaliatory eviction and retaliatory

 3         action; providing for the establishment of a

 4         statewide comprehensive educational program;

 5         providing for a public information initiative;

 6         providing for distribution of specified

 7         literature; providing for a Lead Poisoning

 8         Prevention for Properties seminar; requiring

 9         the establishment of a program for early

10         identification of persons at risk of elevated

11         levels of lead in the blood; providing for

12         screening of children; providing for screening

13         priorities; providing for the maintenance of

14         records of screenings; providing for reporting

15         of cases of lead poisoning; providing

16         definitions; providing an effective date.

17  

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

19  

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

21  the popular name, the "Florida Childhood Lead Poisoning

22  Reduction Act."

23         Section 2.  Legislative findings.--

24         (1)  Nearly 300,000 American children may have levels

25  of lead in their blood in excess of 10 micrograms per

26  deciliter (ug/dL).  Unless prevented or treated, elevated

27  blood-lead levels in egregious cases may result in impairment

28  of the ability to think, concentrate, and learn.

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

30  is the ingestion of lead particles from deteriorating or

31  

                                  3

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  abraded lead-based paint from older, poorly maintained

 2  residences.

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

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

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

 6  maintained homes.

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

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

 9  the remainder in units built before 1978.

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

11  substantially reduced and largely eliminated by taking

12  measures to prevent paint deterioration and limiting

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

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

15  residences results in increased expenses each year for the

16  state in the form of special education and other education

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

18  expenditures for delinquent youth and others needing special

19  supervision.

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

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

22  modest or limited incomes.

23         (8)  The possibility of liability exposure among

24  landlords has led many to abandon older properties or to place

25  them in "shell corporations" in order to avoid personal

26  liability.

27         (9)  The incidence of childhood lead poisoning can be

28  reduced substantially without significant additional cost to

29  the state by creating appropriate incentives for property

30  owners to make their properties lead-free or lead-safe and by

31  

                                  4

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  targeting existing state resources used to prevent childhood

 2  lead poisoning more effectively.

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

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

 5  sufficiently widespread, especially outside urban areas.

 6         (11)  A majority of Florida children living in

 7  circumstances suggesting a significant possibility that they

 8  have elevated levels of lead in their blood are not currently

 9  tested for the presence of such elevated blood-lead levels.

10         (12)  Early detection of elevated blood levels in

11  children allows treatment and mitigation of the conditions

12  resulting in further elevation of blood-lead levels and often

13  can prevent further harm.

14         Section 3.  Legislative purposes.--To promote the

15  elimination of childhood lead poisoning in the state, the

16  purposes of this act are:

17         (1)  To significantly reduce the incidence of childhood

18  lead poisoning in the state.

19         (2)  To increase the supply of affordable rental

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

21  reduce substantially the risk of childhood lead poisoning.

22         (3)  To provide protection from potentially ruinous

23  tort actions for those landlords who undertake specified

24  lead-hazard-reduction measures.

25         (4)  To provide a mechanism to facilitate prompt

26  payment of medical and rehabilitation expenses and relocation

27  costs for those remaining individuals who are affected by

28  childhood lead poisoning.

29         (5)  To improve public awareness of lead safety issues

30  and to educate both property owners and tenants about

31  practices that can reduce the incidence of lead poisoning.

                                  5

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (6)  To encourage the testing of children likely to

 2  suffer the consequences of lead poisoning so that prompt

 3  diagnosis and treatment, as well as the prevention of harm,

 4  are possible.

 5         Section 4.  Director of Lead Poisoning Prevention; Lead

 6  Poisoning Prevention Coordinating Council; Program for

 7  Prevention of Lead Poisoning; Lead Poisoning Prevention

 8  Commission.--

 9         (1)  The Secretary of the Department of Health shall

10  appoint a Director of Lead Poisoning Prevention who shall

11  serve at the pleasure of the secretary.  The director shall be

12  responsible, subject to the authority of the secretary, for

13  carrying out and administering all programs created pursuant

14  to the provisions of this act. To the extent necessary, the

15  director shall designate which local government officials

16  shall assist him or her in carrying out these duties. The

17  director may contract with any agency or agencies,

18  individuals, or groups for the provision of necessary

19  services, subject to appropriation, and shall adopt and from

20  time to time amend such rules as may be necessary; provided,

21  however, that such rules, regulations or amendments thereto

22  shall be filed with the appropriate legislative committees

23  responsible for health matters and housing matters at least 30

24  days before the effective date of such rules, regulations, or

25  amendments.

26         (2)  The director shall chair the Lead Poisoning

27  Prevention Coordinating Council. The council shall include a

28  designee of the Secretary of the Department of Community

29  Affairs and a designee of the Secretary of the Department of

30  Environmental Protection.

31  

                                  6

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




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

 2  coordination with the Lead Poisoning Prevention Council, shall

 3  establish a statewide program for the prevention, screening,

 4  diagnosis, and treatment of lead poisoning, including

 5  elimination of the sources of such poisoning, through such

 6  research, educational, epidemiologic, and clinical activities

 7  as may be necessary.

 8         (4)  The Lead Poisoning Prevention Commission is hereby

 9  created.

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

11         1.  Report to the Governor, the President of the

12  Senate, and the Speaker of the House of Representatives in

13  writing by October 1, 2005, recommending legislation providing

14  both additional incentives for all affected property owners to

15  bring their premises into compliance with the lead-safe

16  standards outlined in section 5(2) and additional means of

17  enforcement and penalties for those property owners who fail

18  to achieve compliance. The incentives to be considered should

19  include, among others, local property tax credits and

20  revolving loan funds.

21         2.  Study and collect information on the effectiveness

22  of this act in fulfilling its legislative purposes as defined

23  in section 3.

24         3.  Make policy recommendations, in addition to those

25  mandated by subparagraph 1., regarding how best to achieve the

26  legislative purposes of this act as set forth in section 3.

27         4.  Consult with the responsible departments of state

28  government and applicable state agencies on the implementation

29  of this act.

30         5.  Prepare and submit a report by October 1, 2005, to

31  the Governor, the President of the Senate, and the Speaker of

                                  7

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  the House of Representatives on the results of implementing

 2  this act.

 3         (b)  The commission shall consist of nine members. The

 4  membership shall include:

 5         1.  The Director of Lead Poisoning Prevention.

 6         2.  The Secretary of Community Affairs or his or her

 7  designee.

 8         3.  One member of the Senate, appointed by the

 9  President of the Senate.

10         4.  One member of the House of Representatives,

11  appointed by the Speaker of the House of Representatives.

12         5.  Five members appointed by the Governor, including:

13         a.  A child advocate.

14         b.  A health care provider.

15         c.  A representative of local government.

16         d.  Two owners of rental property in the state.

17         (c)  The commission shall be chaired by the Director of

18  Lead Poisoning Prevention.

19         (d)  Members of the commission shall serve without

20  compensation.

21         Section 5.  Requirements for lead-free and lead-safe

22  property status.--

23         (1)  An affected property is "lead free" if:

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

25  or

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

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

28  which such property is located an inspection report that

29  indicates that the affected property has been tested for the

30  presence of lead in accordance with standards and procedures

31  

                                  8

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  established by the regulations promulgated by the director and

 2  states that:

 3         1.  All interior surfaces of the affected property are

 4  lead free; and

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

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

 7  restored with paint that is not lead-based paint; or

 8         b.  No exterior painted surfaces of the affected

 9  property are chipping, peeling, or flaking.

10         (2)  An affected property is "lead safe" if the

11  following treatments to reduce lead-based-paint hazards have

12  been completed by someone accredited under section 7 and in

13  compliance with the regulations established by the director:

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

15  surfaces;

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

17  flaking paint on exterior and interior painted surfaces;

18         (c)  Stabilization and repainting of any interior or

19  exterior painted surfaces that have lead-based-paint hazards;

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

21  the paint to chip, peel, or flake which the owner of the

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

23  reasonable care, should have knowledge of;

24         (e)  Stripping and repainting, replacing, or

25  encapsulating of all interior windowsills and window troughs

26  with vinyl, metal, or any other durable material that renders

27  the surface smooth and cleanable;

28         (f)  Installing caps of vinyl, aluminum, or any other

29  material in a manner and under conditions approved by the

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

31  smooth and cleanable;

                                  9

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




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

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

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

 4  of lead-based paint on its friction surfaces;

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

 6  rubbing together of a lead-painted surface with another

 7  surface;

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

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

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

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

12  affected property with high phosphate detergent or its

13  equivalent, as determined by the director.

14         (3)(a)  Whenever an owner of an affected property

15  intends to make repairs or perform maintenance work that will

16  disturb the paint on interior surfaces of an affected

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

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

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

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

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

22  affected property when the work is performed.

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

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

25  work required under this act.

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

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

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

29  the owner shall pay the reasonable expenses that the tenant

30  incurs that are directly related to the required relocation.

31  

                                  10

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




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

 2  cause the tenant to temporarily vacate an affected property in

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

 4  surfaces, and the tenant refuses to vacate the affected

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

 6  arising from the tenant's refusal to vacate.

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

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

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

10  access, even after receiving reasonable advance notice of the

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

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

13         Section 6.  Voluntary inspection; mandatory

14  inspection.--

15         (1)  An owner of an affected property at any time after

16  the effective date of this act may request that the Director

17  of Lead Poisoning Prevention or his or her local designee

18  inspect an affected property to determine whether it complies

19  with the requirements for lead-free property status as

20  specified in section 5(1) or the requirements for lead-safe

21  property status as specified in section 5(2). Such inspection

22  shall be completed within 30 days after the owner's request.

23         (2)  Any affected property certified as either

24  lead-free or lead-safe following a voluntary inspection

25  pursuant to subsection (1) shall be:

26         (a)  Entitled to the liability protection provisions of

27  section 8.

28         (b)  Deemed in compliance with all state and local

29  requirements, whether included in housing codes, ordinances,

30  or any other regulatory or criminal statutes or ordinances

31  governing lead paint contained in an affected property.

                                  11

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (3)  The Lead Poisoning Prevention Commission shall

 2  either develop a proposal for mandatory inspections of all

 3  affected properties to be implemented by January 1, 2007, or

 4  shall develop alternative measures of enforcement and

 5  penalties to ensure that all affected properties comply with

 6  either the lead-free standard described in section 5(1) or the

 7  lead-safe standard described in section 5(2) within a

 8  reasonable period of time after January 1, 2007.

 9         (4)  After July 1, 2005, the director or the director's

10  designee for the jurisdiction in which an affected property is

11  located shall order an inspection of an affected property, at

12  the expense of the owner of the affected property, whenever

13  the director or the director's designee for the jurisdiction

14  in which such property is located is notified that the

15  affected property reasonably appears to comply with neither

16  the lead-free standard nor the lead-safe standard as those

17  standards are defined in section 5 and a person at risk

18  resides in the affected property or spends more than 24 hours

19  per week in the affected property.  An inspection required

20  under this subsection shall be completed within 90 days after

21  notification of the director or the director's designee for

22  the jurisdiction in which such property is located.

23         (5)  The director or the director's designee for the

24  jurisdiction in which an affected property is located shall

25  order an inspection of an affected property, at the expense of

26  the owner of the affected property, whenever the director or

27  the director's designee for the jurisdiction in which such

28  property is located is notified that a person at risk who

29  resides in the affected property or spends more than 24 hours

30  per week in the affected property has an elevated blood-lead

31  level greater than or equal to 15 ug/dL.  An inspection under

                                  12

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  this subsection shall be completed within 15 days after

 2  notification of the director or the director's designee for

 3  the jurisdiction in which such property is located.

 4         (6)  The inspector shall submit a verified report of

 5  the result of the inspection to the director or the director's

 6  designee for the jurisdiction in which such property is

 7  located, to the owner, and to the tenant, if any, of the

 8  affected property.

 9         (7)  The owner of an affected property shall pay a fee

10  at the time of the inspection of an affected property

11  sufficient to pay the full costs of the inspection.

12         Section 7.  Accreditation of inspectors and contractors

13  performing work.--

14         (1)  No person shall act as a contractor or supervisor

15  to perform the work necessary for lead-hazard abatement as

16  defined in this act unless that person is accredited by the

17  director.  The director shall accredit for these purposes any

18  person meeting the standards described in one of the following

19  paragraphs:

20         (a)  Regulations to be adopted by the director pursuant

21  to this act governing the accreditation of individuals to

22  engage in lead-based paint activities sufficient to satisfy

23  the requirements of 40 C.F.R. s. 745.325 or any applicable

24  successor provisions to 40 C.F.R. s. 745.325.

25         (b)  Certification by the United States Environmental

26  Protection Agency to engage in lead-based paint activities

27  pursuant to 40 C.F.R. s. 745.226 or any applicable successor

28  provisions to 40 C.F.R. s. 745.226.

29         (c)  Certification by a state or tribal program

30  authorized by the United States Environmental Protection

31  Agency to certify individuals engaged in lead-based paint

                                  13

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  activities pursuant to 40 C.F.R. s. 745.325 or any applicable

 2  successor provisions to 40 C.F.R. s. 745.325.

 3  

 4  The director shall, by regulation, create exceptions to the

 5  accreditation requirement for instances where the disturbance

 6  of lead-based paint is incidental.

 7         (2)  An inspector accredited by the director shall

 8  conduct all inspections required by section 6 of this act, or

 9  otherwise required by this act. The director shall accredit as

10  an inspector any individual meeting the requirements of

11  paragraph (a) or paragraph (b):

12         (a)  Regulations to be adopted by the director pursuant

13  to this act governing the accreditation of individuals

14  eligible to conduct the inspections required by this act; or

15         (b)  Certification to conduct risk assessments by the

16  EPA pursuant to 40 C.F.R. s. 745.226(b) or any applicable

17  successor provisions to 40 C.F.R. s. 745.226.

18         (3)  The accreditation of contractors or supervisors of

19  those performing the work necessary for lead-hazard abatement,

20  and the accreditation of those performing the inspections

21  required by this section, shall extend for a period of 3 years

22  unless the director has probable cause to believe a person

23  accredited under this section has violated the terms of the

24  accreditation or engaged in illegal or unethical conduct

25  related to inspections required by this act, in which case the

26  accreditation to perform inspections shall be suspended

27  pending a hearing in accordance with the provisions of state

28  law.

29         (4)  The director shall establish by regulation a

30  schedule of fees for the registration of persons performing

31  lead-hazard abatement and a separate schedule for persons

                                  14

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  performing inspections pursuant to this act. Such fees shall

 2  be required to be paid at the time of initial registration and

 3  at the time of subsequent renewal of registration, and shall

 4  be sufficient to cover all costs, including the costs of state

 5  personnel, attributable to accreditation activities conducted

 6  under this section.

 7         (a)  Fees collected pursuant to this subsection shall

 8  be held in a separate account within the State Housing Trust

 9  Fund to be used for accreditation purposes under this section.

10         (b)  The Chief Financial Officer shall administer the

11  account.

12         (c)  Funds deposited in the separate account within the

13  State Housing Trust Fund established under this subsection

14  shall be invested and reinvested and any investment earnings

15  shall be paid into the account.

16         (5)  The provisions and procedures of the Department of

17  Business and Professional Regulation shall be used for and

18  shall apply to the enforcement of violations of this section,

19  any rules adopted under this act, and any condition of

20  accreditation issued under this act.

21         Section 8.  Liability protection and qualified offer.--

22         (1)  This section applies to all potential bases of

23  civil liability for alleged injury or loss to a person caused

24  by the ingestion of lead by a person at risk in an affected

25  property; except that this section does not apply to any claim

26  in which the elevated blood-lead level of the person at risk

27  is documented to have existed on or before the date 60 days

28  after the affected property at which the person at risk

29  resides or otherwise allegedly was exposed to lead has been

30  certified as lead-free under section 5(1) or lead-safe under

31  section 5(2).

                                  15

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (2)  A property owner and his or her agents and

 2  employees are immune from civil liability to a person at risk,

 3  or his or her parents or legal guardian, for injuries or

 4  damages resulting from the ingestion of lead contained in an

 5  affected property if:

 6         (a)  The property has been certified as lead-free under

 7  section 5(1) or as lead-safe under section 5(2); and

 8         (b)  The property owner or his agent has made a

 9  qualified offer as described in subsection (5) to the person

10  at risk, or his or her parent or legal guardian, in a case in

11  which the person at risk has a documented elevated blood-lead

12  level of 15 ug/dL or more performed more than 60 days

13  following certification of the premises as lead-safe or

14  lead-free pursuant to section 5, regardless of whether such

15  qualified offer has been accepted or rejected by the person at

16  risk, or his or her parent or legal guardian.

17         (3)  The immunity described in subsection (2) does not

18  apply if it is shown that one of the following has occurred:

19         (a)  The owner or his or her employee or agent obtained

20  the certification of lead-free or lead-safe status by fraud;

21         (b)  The owner or his or her employee or agent violated

22  a condition of the certification;

23         (c)  During renovation, remodeling, maintenance, or

24  repair after receiving the certificate, the owner or his or

25  her employee or agent created a lead-based-paint hazard that

26  was present in the affected property at the time the person at

27  risk either was exposed to a lead-based-paint hazard or first

28  was tested with an elevated blood-lead level greater than 15

29  ug/dL;

30         (d)  The owner or his or her employee or agent failed

31  to respond in a timely manner to notification by a tenant, by

                                  16

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  the director, by the director's designee for the jurisdiction

 2  in which such property is located, or by a local housing or

 3  health department that a lead-based-paint hazard might be

 4  present;

 5         (e)  The lead poisoning or lead exposure was caused by

 6  a source of lead in the affected property other than

 7  lead-based paint.

 8         (4)  A person may not bring an action against an owner

 9  of an affected property whose property has been certified as

10  lead-free under section 5(1) or lead-safe under section 5(2)

11  for damages arising from alleged injury or loss to a person at

12  risk caused by lead-based-paint hazard unless he or she

13  documents his or her alleged injury with a test for elevated

14  blood-lead levels and presents a written notice to the owner

15  of the affected property or his or her agent or employee of

16  the claim and test results.

17         (a)  If such test results show an elevated blood-lead

18  level of less than 15 ug/dL, the person at risk or his or her

19  parent or legal guardian shall not recover damages from the

20  owner of the affected property, or his or her agents or

21  employees unless the person at risk or his or her parent or

22  legal guardian can show by clear and convincing evidence that

23  the damage or injury to the person at risk resulted from

24  exposure to lead-based paint and was caused by either:

25         1.  Intentional acts by the owner or his or her agents

26  or employees; or

27         2.  Actions of the owner or his or her agents or

28  employees with knowledge with a substantial certainty that

29  such actions would injure the person at risk or others

30  similarly situated.

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (b)  If such test results show an elevated blood level

 2  of 15 ug/dL or greater, the owner of the affected property or

 3  his or her agent or employee shall have the opportunity to

 4  make a qualified offer under subsection (5).

 5         (c)  If the concentration of lead in a whole venous

 6  blood sample of a person at risk tested within 60 days after

 7  the person at risk begins residing or regularly spends at

 8  least 24 hours per week in an affected property that is

 9  certified as being in compliance with the provisions of

10  section 5(1) or section 5(2) is equal to or greater than 15

11  ug/dL, it shall be presumed that the exposure to lead-based

12  paint occurred before a person at risk began residing or

13  regularly spending at least 24 hours per week in the affected

14  property.

15         (5)(a)  A qualified offer as defined in this section

16  may be made to a person at risk by the owner of the affected

17  property, an insurer of the owner, or an agent, employee, or

18  attorney of the owner.

19         (b)  To qualify for the protection of liability under

20  subsection (1), a qualified offer must be made in writing and

21  delivered by certified mail, return receipt requested, within

22  30 days after the owner of the affected property or his or her

23  agent or employee receives notice of the elevated blood level

24  described in subsection (4).

25         (c)  A qualified offer made under this section may be

26  accepted or rejected by a person at risk or, if the person at

27  risk is a minor, the minor's parent or legal guardian. If the

28  qualified offer is not accepted within 30 days after receipt

29  of the qualified offer, it shall be deemed to have been

30  rejected. By mutual agreement, the parties may extend the

31  period for acceptance of the qualified offer.

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (d)  Subject to the exception in section 5(3),

 2  acceptance of a qualified offer by a person at risk, or by a

 3  parent, legal guardian, or other person authorized to respond

 4  on behalf of a person at risk, discharges and releases all

 5  potential liability of the offeror, the offeror's insured or

 6  principal, and any participating co-offeror to the person at

 7  risk and to the parent or legal guardian of the person at risk

 8  for alleged injury or loss caused by the lead-based-paint

 9  hazard in the affected property.

10         (e)  No owner of an affected property, or his or her

11  agent, employee, attorney, or anyone acting on his or her

12  behalf, shall represent to a person at risk, his or her parent

13  or guardian, or anyone acting on his or her behalf that an

14  offer of settlement in an action resulting from a

15  lead-based-paint hazard in an affected property is a qualified

16  offer unless the affected property has been certified as

17  lead-free under section 5(1) or lead-safe under section 5(2)

18  and unless the offeror reasonably believes that the settlement

19  offer satisfies all requirements of this section. Any

20  settlement resulting from a settlement offer purporting to be

21  a qualified offer which does not satisfy the requirements of

22  this section shall, at the election of the person at risk, his

23  or her parent or guardian, or other representative, be deemed

24  null and void and of no legal effect. Further,

25  misrepresentation of a settlement offer as a qualified offer

26  when the offer does not meet these requirements shall subject

27  the offeror to criminal penalties for perjury and/or

28  applicable professional disciplinary action. The statute of

29  limitations for an action by a person at risk with an elevated

30  blood-lead level or his or her parent or legal guardian is

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  tolled until the misrepresentation described in this paragraph

 2  is discovered.

 3         (f)  A copy of the qualified offer shall be sent to the

 4  director or the director's local designee. The director or the

 5  director's local designee shall maintain a copy of the

 6  qualified offer in the case management file of the person at

 7  risk. In addition, the director or his or her designee also

 8  shall directly notify the person at risk or, in the case of a

 9  minor, the parent or legal guardian of the minor, of state and

10  local resources available for lead-poisoning prevention and

11  treatment.

12         (g)  A qualified offer shall include payment for

13  reasonable expenses and costs incurred by the person at risk

14  with an elevated blood-lead level of 15 ug/dL or greater for:

15         1.  The relocation of the household of the person at

16  risk to a lead-safe dwelling unit of comparable size and

17  quality that may provide either:

18         a.  The permanent relocation of the household of the

19  affected person at risk to lead-safe housing, including

20  relocation expenses, a rent subsidy, and incidental expenses;

21  or

22         b.  The temporary relocation of the household of the

23  affected person at risk to lead-safe housing while necessary

24  lead-hazard reduction treatments are being performed in the

25  affected property to make the affected property lead-safe;

26         2.  Medically necessary treatment for the affected

27  person at risk as determined by the treating physician or

28  other health care provider or case manager of the person at

29  risk which is necessary to mitigate the effects of lead

30  poisoning, as defined by the Department of Health by rule, and

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  in the case of a child, until the child reaches the age of 18

 2  years; and

 3         3.  Reasonable attorney's fees, not to exceed the

 4  lesser of $2,500 or actual time spent in the investigation,

 5  preparation, and presentation of the claim multiplied by an

 6  hourly rate of $150 per hour.

 7         (h)  An offeror is required to pay reasonable expenses

 8  for the medically necessary treatments under subparagraph

 9  (g)2. only if coverage for these treatments is not otherwise

10  provided by Medicaid or by a health insurance plan under which

11  the person at risk has coverage or in which the person at risk

12  is enrolled. The health insurance plan shall have no right of

13  subrogation against the party making the qualified offer.

14         (i)  The amounts payable under a qualified offer made

15  under this section are subject to the following aggregate

16  maximum caps:

17         1.  Twenty-five thousand dollars for all medically

18  necessary treatments as provided and limited in subparagraph

19  (g)2.; and

20         2.  Ten thousand dollars for all relocation benefits as

21  provided and limited in subparagraph (g)1.

22  

23  All payments under a qualified offer as specified in paragraph

24  (g) shall be paid to the provider of the service, except that

25  payment of incidental expenses may be paid directly to the

26  person at risk or, in the case of a child, to the parent or

27  legal guardian of the person at risk. The payments under a

28  qualified offer may not be considered income or an asset of

29  the person at risk, the parent of a person at risk who is a

30  child, or the legal guardian for purposes of determining

31  eligibility under any state or federal entitlement program.

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (j)  A qualified offer shall include a certification by

 2  the owner of the affected property, under the penalty of

 3  perjury, that the owner has complied with the applicable

 4  provisions of section 5 and this section in a manner that

 5  qualified the owner to make a qualified offer.

 6         (k)  A qualified offer shall not be treated as an offer

 7  of compromise for purposes of admissibility in evidence,

 8  notwithstanding that the amount is not in controversy.

 9         (l)  The director may adopt regulations necessary to

10  carry out the provisions of this section.

11         (6)(a)  An owner of an affected property who is not in

12  compliance with the provisions of either section 5(1) or

13  section 5(2) during the period of residency of a person at

14  risk is presumed to have failed to exercise reasonable care

15  with respect to lead-based-paint hazards during that period in

16  an action seeking damages on behalf of the person at risk for

17  alleged injury or loss resulting from exposure to

18  lead-based-paint hazards in the affected property.

19         (b)  The owner has the burden of rebutting this

20  presumption by clear and convincing evidence.

21         (c)  The plaintiff in an action against an owner of an

22  affected property described in paragraph (6)(a), in addition

23  to recovering all other legally cognizable damages, including

24  punitive damages where appropriate, shall be entitled to

25  recover reasonable attorney's fees.

26         Section 9.  Enforcement.--

27         (1)  Owners of affected properties who fail to comply

28  with the provisions of section 5 shall be deemed in violation

29  of this act.  The Office of the Attorney General and any local

30  authorities responsible for the enforcement of housing codes

31  shall enforce vigorously civil remedies or criminal penalties

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  provided for by law arising out of the failure to comply with

 2  the requirements of this act and may seek injunctive relief

 3  where appropriate.

 4         (2)(a)  Any civil or criminal action by state or local

 5  officials to enforce the provisions of this act shall be

 6  reported to the director or his or her designee.

 7         (b)  The director or his or her designee shall issue an

 8  annual report outlining specifically the enforcement actions

 9  brought pursuant to section 13, the identity of the owners of

10  the affected properties, the authority bringing the

11  enforcement action, the nature of the action, and a

12  description of the criminal penalties or civil relief.

13         (c)  After the second written notice from the director,

14  the director's local designee, the Department of Community

15  Affairs, the state or local housing authority, the Department

16  of Health, or the local health department of violations of the

17  provisions of this act occurring within an affected property,

18  or after two criminal or civil actions brought by either state

19  or local officials to enforce this act arising out of

20  violations occurring within an affected property, unless the

21  violations alleged to exist are corrected, the affected

22  property shall be considered abandoned, and the Attorney

23  General, the director or his or her designee, the Secretary of

24  Community Affairs, the secretary's local designee, the state

25  or local housing authority, the Department of Health, the

26  local health department, or any other officials having

27  jurisdiction over the affected property shall have the

28  specific power to request the court to appoint a receiver for

29  the property.  The court in such instances may specifically

30  authorize the receiver to apply for loans, grants, and other

31  forms of funding necessary to correct lead-based-paint hazards

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  and meet the standards for lead-safe or lead-free status, and

 2  to hold the affected property for such period of time as the

 3  funding source may require to ensure that the purposes of the

 4  funding have been met. The costs of such receivership shall

 5  constitute a lien against the property that, if not discharged

 6  by the owner upon receipt of the receiver's demand for

 7  payment, shall constitute grounds for foreclosure proceedings

 8  instituted by the receiver to recover such costs.

 9         Section 10.  Private right to injunctive relief.--

10         (1)  A person at risk shall be deemed to have a right

11  to housing which is either lead-free or lead-safe under the

12  standards set forth in this act.

13         (2)  If an owner of an affected property fails to

14  comply with such standards, a private right of action shall

15  exist that allows a person at risk or the parent or legal

16  guardian of a person at risk to seek injunctive relief from a

17  court with jurisdiction against the owner of the affected

18  property in the form of a court order to compel compliance

19  with the requirements of this act.

20         (3)  A court shall not grant the injunctive relief

21  requested pursuant to section 13, unless, at least 30 days

22  prior to the filing requesting the injunction, the owner of

23  the affected property has received written notice of the

24  violation of standards contained in section 5 and has failed

25  to bring the affected property into compliance with the

26  applicable standards. This notice to the owner of the affected

27  property is satisfied when any of the following has occurred:

28         (a)  A person at risk or his or her parent, legal

29  guardian, or attorney has notified the owner of an affected

30  property that the property fails to meet the requirements for

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  either lead-free status under section 5(1) or for lead-safe

 2  status under section 5(2);

 3         (b)  The director or his or her designee, a local or

 4  state housing authority, or the Department of Health has

 5  notified the owner of the affected property of violations of

 6  the provisions of the act occurring within an affected

 7  property; or

 8         (c)  A criminal or civil action pursuant to section 13

 9  has been brought by either state or local enforcement

10  officials to enforce this act arising out of violations

11  occurring within an affected property.

12         (4)  A person who prevails in an action under section

13  13(2) is entitled to an award of the costs of the litigation

14  and to an award of reasonable attorney's fees in an amount to

15  be fixed by the court.

16         (5)  Cases brought before the court under this section

17  shall be granted an accelerated hearing.

18         Section 11.  Retaliatory evictions prohibited.--

19         (1)  An owner of an affected property may not evict or

20  take any other retaliatory action against a person at risk or

21  his or her parent or legal guardian in response to the actions

22  of the person at risk or his or her parent or legal guardian

23  for:

24         (a)  Providing information to the owner of the affected

25  property, the director, the director's designee for the

26  jurisdiction in which such property is located, the Secretary

27  of Community Affairs, the secretary's designee for the

28  jurisdiction in which such property is located, the Department

29  of Health, the Department of Community Affairs, local health

30  officials, or local housing officials concerning

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  lead-based-paint hazards within an affected property or

 2  elevated blood levels of a person at risk; or

 3         (b)  Enforcing any of his or her rights under this act.

 4         (2)  For purposes of this section, a "retaliatory

 5  action" includes any of the following actions in which the

 6  activities protected under section 14(1) are a material factor

 7  in motivating said action:

 8         (a)  A refusal to renew a lease;

 9         (b)  Termination of a tenancy;

10         (c)  An arbitrary rent increase or decrease in services

11  to which the person at risk or his or her parent or legal

12  guardian is entitled; or

13         (d)  Any form of constructive eviction.

14         (3)  A person at risk or his or her parent or legal

15  guardian subject to an eviction or retaliatory action under

16  this section is entitled to relief deemed just and equitable

17  by the court and is eligible for reasonable attorney's fees

18  and costs.

19         Section 12.  Educational programs.--

20         (1)  In order to achieve the purposes of this act, a

21  statewide, multifaceted, ongoing educational program designed

22  to meet the needs of tenants, property owners, health care

23  providers, early childhood educators and care providers,

24  realtors and real estate agents, insurers and insurance

25  agents, and local building officials is hereby established.

26         (2)  The Governor, in conjunction with the director and

27  the Lead Poisoning Prevention Council, shall sponsor a series

28  of public service announcements on radio, television, the

29  Internet, and print media about the nature of lead-based-paint

30  hazards, the importance of standards for lead poisoning

31  prevention in properties, the importance of lead-free and

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  lead-safe housing, and the purposes and responsibilities set

 2  forth in this act. In developing and coordinating this public

 3  information initiative, the sponsors shall seek the

 4  participation and involvement of private industry

 5  organizations, including those involved in real estate,

 6  insurance, mortgage banking, and pediatrics.

 7         (3)  Within 120 days after the effective date of this

 8  act, the director, in consultation with the Lead Poisoning

 9  Prevention Council and the Lead Poisoning Prevention

10  Commission, shall develop culturally and linguistically

11  appropriate information pamphlets regarding childhood lead

12  poisoning, the importance of testing for elevated blood-lead

13  levels, prevention of childhood lead poisoning, treatment of

14  childhood lead poisoning, and where appropriate, the

15  requirements of this act. It is a requirement of this act that

16  these information pamphlets be distributed to parents or the

17  other legal guardians of children 6 years of age or younger on

18  the following occasions:

19         (a)  By the owner of any affected property or his or

20  her agents or employees at the time of the initiation of a

21  rental agreement to a new tenant whose household includes a

22  person at risk or any other woman of childbearing age;

23         (b)  By the health care provider at the time of the

24  child's birth and at the time of any childhood immunization or

25  vaccination unless it is established that such information

26  pamphlet has been provided previously to the parent or legal

27  guardian by the health care provider within the prior 12

28  months; and

29         (c)  By the owner or operator of any child care

30  facility or preschool or kindergarten class on or before

31  October 15 of the calendar year.

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (4)  The director, in conjunction with the Department

 2  of Community Affairs, within 120 days after the effective date

 3  of this act shall establish guidelines and a trainer's manual

 4  for a Lead Poisoning Prevention for Properties Awareness

 5  Seminar with a total class time of 3 hours or less.  Such

 6  courses shall be offered by professional associations and

 7  community organizations with a training capacity, existing

 8  accredited educational institutions, and for-profit

 9  educational providers. All such offerings shall be reviewed

10  and approved, on the criteria of seminar content and

11  qualifications of instructors, by the Department of Community

12  Affairs.

13         Section 13.  Screening program.--

14         (1)  The director shall establish a program for early

15  identification of persons at risk with elevated blood-lead

16  levels. Such program shall systematically screen children

17  under 6 years of age in the target populations identified in

18  subsection (2) for the presence of elevated blood-lead levels.

19  Children within the specified target populations shall be

20  screened with a blood-lead test at age 12 months and age 24

21  months, or between the ages of 36 months and 72 months if they

22  have not previously been screened. The director shall, after

23  consultation with recognized professional medical groups and

24  such other sources as he or she deems appropriate, promulgate

25  regulations establishing:

26         (a)  The means by which and the intervals at which such

27  children under 6 years of age shall be screened for lead

28  poisoning and elevated blood-lead levels; and

29         (b)  Guidelines for the medical follow-up of children

30  found to have elevated blood-lead levels.

31  

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (2)  In developing screening programs to identify

 2  persons at risk with elevated blood-lead levels, the director

 3  shall give priority to persons within the following

 4  categories:

 5         (a)  All children enrolled in Medicaid at ages 12

 6  months and 24 months, or between the ages of 36 months and 72

 7  months if they have not previously been screened;

 8         (b)  Children under the age of 6 years exhibiting

 9  delayed cognitive development or other symptoms of childhood

10  lead poisoning;

11         (c)  Persons at risk residing in the same household, or

12  recently residing in the same household, as another person at

13  risk with a blood-lead level of 10 ug/dL or greater;

14         (d)  Persons at risk residing, or who have recently

15  resided, in buildings or geographical areas in which

16  significant numbers of cases of lead poisoning or elevated

17  blood-lead levels have recently been reported;

18         (e)  Persons at risk residing, or who have recently

19  resided, in affected properties contained in buildings that

20  during the preceding 3 years have been subject to enforcement

21  actions, injunctive relief actions, or receivership actions

22  for violations of lead-poisoning-prevention regulations as

23  specified by the director; and

24         (f)  Persons at risk residing in other buildings or

25  geographical areas in which the director reasonably determines

26  there is a significant risk of affected individuals having a

27  blood-lead level of 10 ug/dL or greater.

28         (3)  The director 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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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  incidence of lead poisoning and other elevated blood-lead

 2  levels. Such records shall be public records.

 3  

 4  All cases or probable cases of lead poisoning, as defined by

 5  regulation by the director, found in the course of screenings

 6  conducted pursuant to this section shall be reported

 7  immediately to the affected individual, to his or her parent

 8  or legal guardian if he or she is a minor, and to the

 9  director.

10         Section 14.  Definitions.--

11         (1)  "Abatement" means any set of measures designed to

12  permanently eliminate lead-based paint or lead-based-paint

13  hazards. Abatement includes the removal of lead-based paint

14  and dust-lead hazards, the permanent enclosure or

15  encapsulation of lead-based paint, the replacement of

16  components or fixtures painted with lead-based paint, and the

17  removal or permanent covering of soil-based hazards.

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

19  within a property constructed before 1978 that form a single

20  independent habitable dwelling unit for occupation by one or

21  more individuals which has living facilities with permanent

22  provisions for living, sleeping, eating, cooking, and

23  sanitation. Affected property does not include:

24         (a)  An area not used for living, sleeping, eating,

25  cooking, or sanitation, such as an unfinished basement;

26         (b)  A unit within a hotel, motel, or similar seasonal

27  or transient facility unless such unit is occupied by one or

28  more persons at risk for a period exceeding 30 days;

29         (c)  An area which is secured and inaccessible to

30  occupants; or

31         (d)  A unit that is not offered for rent.

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  

 2  Affected property excludes any property owned or operated by a

 3  unit of federal, state, or local government, or any public,

 4  quasi-public, or municipal corporation, if the property is

 5  subject to lead standards that are equal to, or more stringent

 6  than, the requirements for lead-safe status under section

 7  5(2).

 8         (3)  "Change in occupancy" means a change of tenant in

 9  an affected property in which the property is vacated and

10  possession is either surrendered to the owner or abandoned.

11         (4)  "Chewable surface" means an interior or exterior

12  surface painted with lead-based paint that a child under the

13  age of 6 can mouth or chew. Hard metal substrates and other

14  materials that cannot be dented by the bite of a child under

15  the age of six 6 are not considered chewable.

16         (5)  "Containment" means the physical measures taken to

17  ensure that dust and debris created or released during

18  lead-based-paint hazard reduction are not spread, blown, or

19  tracked from inside to outside of the worksite.

20         (6)  "Deteriorated paint" means any interior or

21  exterior paint or other coating that is peeling, chipping,

22  chalking, or cracking, or any paint or coating located on an

23  interior or exterior surface or fixture that is otherwise

24  damaged or separated from the substrate.

25         (7)  "Director" means the Director of Lead Paint

26  Poisoning Prevention.

27         (8)  "Dwelling unit" means a:

28         (a)  Single-family dwelling, including attached

29  structures such as porches and stoops; or

30         (b)  Housing unit in a structure that contains more

31  than one separate housing unit and in which each such unit is

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    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  used or occupied, or intended to be used or occupied, in whole

 2  or in part, as the home or separate living quarters of one or

 3  more persons.

 4         (9)  "Elevated blood-lead level" or "EBL" means a

 5  quantity of lead in whole venous blood, expressed in

 6  micrograms per deciliter (ug/dL), that exceeds 15 ug/dL or

 7  such other level as may be specifically provided in this act.

 8         (10)  "Encapsulation" means the application of a

 9  covering or coating that acts as a barrier between the

10  lead-based paint and the environment and that relies for its

11  durability on adhesion between the encapsulant and the painted

12  surface, and on the integrity of the existing bonds between

13  paint layers and between the paint and the substrate.

14  Encapsulation may be used as a method of abatement if it is

15  designed and performed so as to be permanent.

16         (11)  "Exterior surfaces" means:

17         (a)  All fences and porches that are part of an

18  affected property;

19         (b)  All outside surfaces of an affected property that

20  are accessible to a child under the age of 6 years and that:

21         1.  Are attached to the outside of an affected

22  property; or

23         2.  Consist of other buildings that are part of the

24  affected property; and

25         (c)  All painted surfaces in stairways, hallways,

26  entrance areas, recreation areas, laundry areas, and garages

27  within a multifamily rental dwelling unit that are common to

28  individual dwelling units and are accessible to a child under

29  the age of 6 years.

30  

31  

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    Florida Senate - 2004                                  SB 2202
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 1         (12)  "Friction surface" means an interior or exterior

 2  surface that is subject to abrasion or friction, including,

 3  but not limited to, certain window, floor, and stair surfaces.

 4         (13)  "g" means gram.

 5         (14)  "Hazard reduction" means measures designed to

 6  reduce or eliminate human exposure to lead-based hazards

 7  through methods including interim controls or abatement or a

 8  combination of the two.

 9         (15)  "Impact surface" means an interior or exterior

10  surface that is subject to damage from the impact of repeated

11  sudden force, such as certain parts of door frames.

12         (16)  "Inspection" means a comprehensive investigation

13  to determine the presence of lead-based-paint hazards and the

14  provision of a report explaining the results of the

15  investigation.

16         (17)  "Interim controls" means a set of measures

17  designed to temporarily reduce human exposure to

18  lead-based-paint hazards.  Interim controls include, but are

19  not limited to, repairs, painting, temporary containment,

20  specialized cleaning, clearance, ongoing lead-based paint

21  maintenance activities, and the establishment and operation of

22  management and resident education programs.

23         (18)  "Interior windowsill" means a portion of the

24  horizontal window ledge that is protruding into the interior

25  of a room.

26         (19)  "Lead-based paint" means paint or other surface

27  coatings that contain lead equal to or exceeding 1.0 milligram

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

29  per million (ppm) by weight.

30         (20)  "Lead-based-paint hazard" means paint-lead

31  hazards and dust-lead hazards.

                                  33

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






    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1         (21)  "Local designee" means a municipal, county, or

 2  other official designated by either the Director of Lead Paint

 3  Poisoning Prevention, the Secretary of Community Affairs, or

 4  the Secretary of Health as responsible for assisting the

 5  director, relevant state agencies, and relevant county and

 6  municipal authorities, in implementing the activities

 7  specified by the act for the geographical area in which the

 8  affected property is located.

 9         (22)  "mg" means milligram (thousandth of a gram).

10         (23)  "Owner" means a person, firm, corporation,

11  nonprofit organization, partnership, government, guardian,

12  conservator, receiver, trustee, executor, or other judicial

13  officer, or other entity which, alone or with others, owns,

14  holds, or controls the freehold or leasehold title or part of

15  the title to property, with or without actually possessing it.

16  The definition includes a vendee who possesses the title, but

17  does not include a mortgagee or an owner of a reversionary

18  interest under a ground rent lease. Owner includes any

19  authorized agent of the owner, including a property manager or

20  leasing agent.

21         (24)  "Paint-lead hazard" means any one of the

22  following:

23         (a)  Any lead-based paint on a friction surface that is

24  subject to abrasion and where the dust-lead levels on the

25  nearest horizontal surface underneath the friction surface

26  (e.g., the windowsill or floor) are equal to or greater than

27  the dust-lead-hazard level of a mass per area concentration of

28  lead equal to or exceeding 40 ug/ft2 on floors or 250 ug/ft2

29  on interior windowsills based on wipe samples;

30         (b)  Any damaged or otherwise deteriorated lead-based

31  paint on an impact surface that is caused by impact from a

                                  34

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






    Florida Senate - 2004                                  SB 2202
    18-1437-04                                          See HB 937




 1  related building material, such as a door knob that knocks

 2  into a wall or a door that knocks against its door frame;

 3         (c)  Any chewable lead-based painted surface on which

 4  there is evidence of teeth marks;

 5         (d)  Any other deteriorated lead-based paint in or on

 6  the exterior of any residential building or any facility

 7  occupied by a person at risk.

 8         (25)  "Permanent" means an expected design life of at

 9  least 20 years.

10         (26)  "Person at risk" means a child under the age of 6

11  years or a pregnant woman who resides or regularly spends at

12  least 24 hours per week in an affected property.

13         (27)  "Relocation expenses" means all expenses

14  necessitated by the relocation of a tenant's household to

15  lead-safe housing, including moving and hauling expenses, the

16  HEPA-vacuuming of all upholstered furniture, payment of a

17  security deposit for the lead-safe housing, and installation

18  and connection of utilities and appliances.

19         (28)  "Tenant" means the individual named as the lessee

20  in a lease, rental agreement, or occupancy agreement for a

21  dwelling unit.

22         (29)  "ug" means microgram (millionth of a gram).

23         Section 15.  This act shall take effect July 1, 2004.

24  

25  

26  

27  

28  

29  

30  

31  

                                  35

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

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