Florida Statute 469.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 469
ASBESTOS ABATEMENT

View Entire Chapter

F.S. 469.001

469.001 Definitions.—As used in this chapter:

(1) “Abatement” means the removal, encapsulation, enclosure, or disposal of asbestos.

(2) “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. s. 2601, and any rules adopted thereunder.

(3) “Asbestos” means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite.

(4) “Asbestos abatement worker” means a person who works as an employee under the direction of a licensed asbestos contractor, and includes any person directly engaged in abatement activities.

(5) “Asbestos consultant” means a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks.

(6) “Asbestos-containing material” means any material which contains more than 1 percent asbestos as determined by polarized light microscopy.

(7) “Asbestos contractor” means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition.

(8) “Asbestos surveyor” means a person who works under the direction of a licensed asbestos consultant and engages in the survey and assessment of asbestos-containing materials. This term is synonymous with “inspector” under AHERA.

(9) “ASHARA” means the Asbestos School Hazard Reauthorization Act.

(10) “Department” means the Department of Business and Professional Regulation.

(11) “Encapsulation” means the application of any coating to asbestos-containing material to prevent fiber release.

(12) “Enclosure” means the construction of an airtight barrier around asbestos-containing material to prevent fiber release.

(13) “Friable” means the condition of any asbestos-containing materials which, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.

(14) “Management planner” means a person who works under the direction of a licensed asbestos consultant and engages in the development of asbestos abatement schedules or operation and maintenance plans.

(15) “NESHAP” means the National Emission Standards for Hazardous Air Pollutants, 40 C.F.R. part 61, subpart M.

(16) “NIOSH” means the National Institute for Occupational Safety and Health.

(17) “Onsite roofing supervisor” means a person who works under the direction of a roofing contractor certified pursuant to part I of chapter 489 and provides supervision of removal of asbestos-containing roofing materials at the project site at all times when such activities are being performed.

(18) “Onsite supervisor” means a person who works under the direction of a licensed asbestos contractor and provides supervision of abatement activities at the abatement project site at all times when such activities are being performed. This term is synonymous with “onsite representative” in the NESHAP asbestos standard.

(19) “Operation and maintenance plan” means a set of work practices and procedures undertaken to clean up previously released asbestos fibers, prevent future release of fibers by minimizing disturbance or damage to asbestos-containing materials, or monitor the condition of the asbestos-containing materials.

(20) “OSHA” means the Occupational Safety and Health Administration.

(21) “Project designer” means a person who works under the direction of a licensed asbestos consultant and engages in the design of project specifications for asbestos abatement projects.

(22) “Project monitor” means a person who monitors asbestos abatement projects for compliance with project specifications, applicable safety and health regulations, and other contract requirements under the direction of a licensed asbestos consultant.

(23) “Survey” means the process of inspecting a facility for the presence of asbestos-containing materials to determine the location and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials.

(24) “Training-course provider” means an entity or any of its agents engaged in providing training courses required by this chapter.

History.—s. 53, ch. 94-119; s. 12, ch. 98-419; s. 14, ch. 99-254.

F.S. 469.001 on Google Scholar

F.S. 469.001 on Casetext

Amendments to 469.001

Arrestable Offenses / Crimes under Fla. Stat. 469.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 469.001.

Annotations, Discussions, Cases:

Cases Citing Statute 469.001

Total Results: 12

Mosher v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-10

Citation: 876 So. 2d 1230, 2004 WL 1263716

Snippet: placement while criminal charges are pending. See § 394.469(1)(a), Fla. Stat. (2002)("At any time a patient is

GLS v. Dept. of Children and Families

Court: Supreme Court of Florida | Date Filed: 1998-12-24

Citation: 724 So. 2d 1181, 1998 WL 892668

Snippet: PARIENTE, JJ., concur. NOTES [1] In fact, section 39.469(1) previously required the court to hold a disposition

State v. Heidrick

Court: District Court of Appeal of Florida | Date Filed: 1998-03-04

Citation: 707 So. 2d 1165, 1998 WL 88372

Snippet: contained in Chapter 394. Specifically, section 394.469(1), Florida Statutes (Supp.1996),[2] provides that

W.R. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 1997-11-19

Citation: 701 So. 2d 651, 1997 Fla. App. LEXIS 13126

Snippet: in long term foster care. See *652§§ 39.469(1)(a), 39.469(1)(a)2; 39.35, Fla. Stat. (1995). The issues

Bellavance v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-11-13

Citation: 390 So. 2d 422

Snippet: Statutes. It is equally clear that Section 394.469(1) and (2), Florida Statutes, provides, within certain

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-09-05

Citation: 318 So. 2d 506

Snippet: 245; Yost v. State, Fla.App.3d 1971, 243 So.2d 469. [1] (1957), 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d

In Re Estate of Biederman

Court: District Court of Appeal of Florida | Date Filed: 1964-02-14

Citation: 161 So. 2d 538

Snippet: there, and parties are therefore bound.' Section 469.1, Beale's Conflict of Laws, vol. 3, Administration

City of Hollywood v. Bair

Court: Supreme Court of Florida | Date Filed: 1957-02-13

Citation: 93 So. 2d 60

Snippet: to be installed by licensed plumbers. Under Sec. 469.01, Florida Statutes 1955,. and F.S.A. no one can

Atwater v. City of Sarasota

Court: Supreme Court of Florida | Date Filed: 1949-01-21

Citation: 38 So. 2d 681, 1949 Fla. LEXIS 1240

Snippet: accordance with the provisions of this Chapter. Section 469.01. (2) Every city of 7500 or more shall set up a

Loewenthal v. Mandell

Court: Supreme Court of Florida | Date Filed: 1936-09-11

Citation: 170 So. 169, 125 Fla. 685, 1936 Fla. LEXIS 1346

Snippet: estate there, and parties are therefore bound." Sec. 469.1; Beal's Conflict of Laws, Vol. 3. Administration

Price v. Price

Court: Supreme Court of Florida | Date Filed: 1934-03-09

Citation: 153 So. 904, 114 Fla. 233, 1934 Fla. LEXIS 1814

Snippet: Dietrich, 110 Cal. 502, 42 Pac. Rep. 1064; 9 R. C. L. 469; 1 C. J. 208. But the justice of the principle is

Underwood v. Underwood

Court: Supreme Court of Florida | Date Filed: 1868-07-01

Citation: 12 Fla. 434

Snippet: 501; 1 John. Ch’y, 488; 2 Paige, 62; 3 Ed. Ch’y, 469; 1 Barb., 27; 16 Ark., 527. Say the chancellors in