Florida Statute 469.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 469
ASBESTOS ABATEMENT

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F.S. 469.002

469.002 Exemptions.—

(1) This chapter does not apply to:

(a) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision, public or private school, or private entity who has completed all training required by NESHAP and OSHA or by ASHARA for the activities described in this paragraph and who is conducting abatement work solely for maintenance purposes within the scope of the person’s employment involving less than 160 square feet of asbestos-containing materials or less than 260 linear feet of asbestos-containing material on pipe, so long as the employee is not available for hire or does not otherwise engage in asbestos abatement, contracting, or consulting.

(b) Asbestos-related activities which disturb asbestos-containing materials within manufacturing, utility, or military facilities and which are undertaken by regular full-time employees of the owner or operator who have completed all training required by this chapter or NESHAP and OSHA for conducting such activities in areas where access is restricted to authorized personnel who are carrying out specific assignments.

(c) Reinspections at public or private schools, whether K-12 or any other configuration, when conducted by an employee who has completed the AHERA-required training for such reinspections pursuant to this chapter and who is conducting work within the scope of the person’s employment.

(d) Moving, removal, or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement as provided in chapter 1 of the Florida Building Code.

(e) An authorized employee of the United States, this state, or any municipality, county, or other political subdivision who has completed all training required by NESHAP and OSHA or by ASHARA for the activities described in this paragraph, while engaged in asbestos-related activities involving the demolition of a building owned by that governmental unit, where such activities are within the scope of that employment and the employee does not hold out for hire or otherwise engage in asbestos abatement, contracting, or consulting.

(2) Licensure as an asbestos contractor is not required for the moving, removal, or disposal of asbestos-containing roofing material by a roofing contractor certified or registered under part I of chapter 489, if all such activities are performed under the direction of an onsite roofing supervisor trained as provided in s. 469.012.

(3) Licensure as an asbestos contractor or asbestos consultant is not required for the moving, removal, repair, maintenance, or disposal, or related inspections, of asbestos-containing resilient floor covering or its adhesive, if:

(a) The resilient floor covering is a Category I nonfriable material as defined in NESHAP and remains a Category I nonfriable material during removal activity.

(b) All such activities are performed in accordance with all applicable asbestos standards of the United States Occupational Safety and Health Administration under 29 C.F.R. part 1926.

(c) The removal is not subject to asbestos licensing or accreditation requirements under federal asbestos NESHAP regulations of the United States Environmental Protection Agency.

(d) Written notice of the time, place, and company performing the removal and certification that all conditions required under this subsection are met are provided to the Department of Business and Professional Regulation at least 3 days prior to such removal. The contractor removing such flooring materials is responsible for maintaining proof that all the conditions required under this subsection are met.

The department may inspect removal sites to determine compliance with this subsection and shall adopt rules governing inspections.

(4) Licensure as an asbestos consultant or contractor is not required for the repair, maintenance, removal, or disposal of asbestos-containing pipe or conduit, if:

(a) The pipe or conduit is used for electrical, electronic, communications, gas, sewer, or water service;

(b) The pipe or conduit is not located in a building;

(d) All such activities are performed according to all applicable regulations, including work practices and training, of the United States Occupational Safety and Health Administration under 29 C.F.R. part 1926.

(5) Nothing in this section shall be construed to alter or affect otherwise applicable Florida Statutes and rules promulgated thereunder, or Environmental Protection Agency or OSHA regulations regarding asbestos activities.

History.—s. 53, ch. 94-119; s. 13, ch. 98-419; s. 15, ch. 99-254; s. 36, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 36, ch. 2011-213; s. 9, ch. 2012-61.

F.S. 469.002 on Google Scholar

F.S. 469.002 on Casetext

Amendments to 469.002

Arrestable Offenses / Crimes under Fla. Stat. 469.002

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 469.002.

Annotations, Discussions, Cases:

Cases Citing Statute 469.002

Total Results: 13

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

Court: District Court of Appeal of Florida | Date Filed: 2022-10-19

Snippet: legal guardian of any right to the child. § 39.469(2)(b), Fla. Stat. (1991). Any rights the natural parent

American Home Assur. v. NAT. RR CORP.

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 908 So. 2d 459

Snippet: The applicable portions of the statute provide: *469 (2) EFFECT OF CONTRIBUTORY FAULT.In an action to

MFG v. Dept. of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 1998-10-14

Citation: 723 So. 2d 290, 1998 WL 712697

Snippet: parental rights altogether. See e.g., §§ 39.409(2), 39.469(2), Florida Statutes (1997). A parent's rights may

O.A.H. v. R.L.A.

Court: District Court of Appeal of Florida | Date Filed: 1998-02-04

Citation: 712 So. 2d 4, 1998 Fla. App. LEXIS 871

Snippet: child-placing agency for the purpose of adoption.” § 39.469(2) and (3), Fla. Stat. (Supp. 1994). A contested adoption

Oah v. Rla

Court: District Court of Appeal of Florida | Date Filed: 1998-02-04

Citation: 712 So. 2d 4, 1998 WL 210570

Snippet: child-placing agency for the purpose of adoption." § 39.469(2) and (3), Fla. Stat. (Supp. 1994). A contested adoption

K.L.V. v. Florida Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1996-12-04

Citation: 684 So. 2d 253, 1996 Fla. App. LEXIS 12743

Snippet: Rivera-Berrios, 673 So.2d 12, 14 (Fla.1996); § 39.469(2)(b), Fla. Stat. (1995). Any rights the natural parent

C.S. v. S.H.

Court: District Court of Appeal of Florida | Date Filed: 1996-04-10

Citation: 671 So. 2d 260, 1996 Fla. App. LEXIS 3845

Snippet: in supervising those activities. Subsection 39.469(2) empowers the judiciary to place children whose

Cs v. Sh

Court: District Court of Appeal of Florida | Date Filed: 1996-04-10

Citation: 671 So. 2d 260, 1996 WL 165019

Snippet: in supervising those activities. Subsection 39.469(2) empowers the judiciary to place children whose

Lewis v. DEPT. OF HLTH. & REHAB. SERVICES

Court: District Court of Appeal of Florida | Date Filed: 1996-04-04

Citation: 670 So. 2d 1191

Snippet: permanently deprived of any right to the child. § 39.469(2)(b). HRS argues that the orders of the trial court

Acadia Partners, LP v. Tompkins

Court: District Court of Appeal of Florida | Date Filed: 1996-03-22

Citation: 673 So. 2d 487, 1996 WL 124198

Snippet: Appeals, in Kramer v. Globe Brewing Co., 175 Md. 461, 469, 2 A.2d 634, 637 (Md.1938), stated the clear rule

Stefanos v. Rivera-Berrios

Court: Supreme Court of Florida | Date Filed: 1996-02-15

Citation: 673 So. 2d 12, 1996 WL 63084

Snippet: legal guardian of any right to the child. § 39.469(2)(b), Fla.Stat. (1991). Any rights the natural parent

Humphrey v. City of Homestead

Court: District Court of Appeal of Florida | Date Filed: 1969-06-10

Citation: 224 So. 2d 739, 1969 Fla. App. LEXIS 5583

Snippet: 723, 724; Reid v. City Coach Co., 1939, 215 N.C. 469, 2 S.E.2d 578, 123 A.L.R. 140; Montoya v. Winchell

In Re Estate of Biederman

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

Citation: 161 So. 2d 538

Snippet: perhaps equal authority the other way.' Section 469.2, Beale, supra; Thomas Kay Woolen Mill Co. v. Sprague