HB 1659 2003
1	A bill to be entitled
2	An act relating to mold remediation; creating chapter 387,
3	F.S., to provide a licensing act for regulation of the
4	mold remediation industry by the Department of Health;
5	providing for the department to adopt rules by a certain
6	date implementing the chapter; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Chapter 387, Florida Statutes, consisting of
12	sections 387.001, 387.002, 387.003, 387.051, 387.052, 387.053,
13	387.054, 387.101, 387.102, 387.103, 387.104, 387.105, 387.106,
14	387.107, 387.108, 387.109, 387.110, 387.111, 387.112, 387.151,
15	387.152, 387.201, 387.202, 387.203, 387.204, 387.251, 387.252,
16	387.253, 387.254, 387.255, 387.256, 387.257, 387.258, 387.301,
17	387.302, 387.303, 387.304, 387.351, 387.352, 387.353, 387.354,
18	387.355, and 387.356, is created to read:
19	MOLD REMEDIATION
20	387.001 Chapter title.--This chapter may be cited as the
21	"Mold Remediation Licensing Act."
22	387.002 Scope of chapter.--
23	(1) This chapter applies to:
24	(a) Any mold-related activity performed by a third party
25	for compensation.
26	(b) Any mold-related activity performed in a facility
27	owned or leased by the state or by a county or a city.
28	(2) An activity described in subsection (1) may be
29	performed only by a person licensed under this chapter.
30	387.003 Definitions.--In this chapter, the term:
31	(1) "Certified industrial hygienist" means an individual
32	certified by the American Department of Industrial Hygiene as a
33	certified industrial hygienist and whose certification has not
34	expired or been suspended or revoked.
35	(2) "Department" means the Department of Health.
36	(3) "Indoor air quality factors" means:
37	(a) Physical parameters of an indoor air environment,
38	including temperature, moisture content, airflow, and pressure.
39	(b) Contaminants of any origin likely to produce adverse
40	effects in an indoor environment including gases, vapors,
41	aerosols, or particulates.
42	(c) Major influences, including contaminant sources and
43	their transport mechanisms, and occupant sensitivities.
44	(4) "Licensee" means an individual licensed to engage in a
45	business or profession listed under s. 387.101(1) or, if the
46	licensee is a company, the officers or partners licensed to
47	engage in a business or profession listed under s. 387.101(1).
48	(5) "Mold" means any fungi or related products or parts,
49	including spores, hyphae, and mycotoxins.
50	(6) "Mold analysis company" means a person, other than an
51	individual, that performs mold and mold-related analyses for
52	compensation.
53	(7) "Mold assessment" means the performance of mold
54	assessments, investigations, or surveys; the development of mold
55	management plans or response actions; or the collection or
56	analysis of mold samples.
57	(8) "Mold assessment company" means a person, other than
58	an individual, that performs mold assessments for compensation.
59	(9) "Mold assessment consultant" means an individual who
60	performs mold assessments for compensation.
61	(10) "Mold assessment technician" means an individual who
62	performs mold assessments under the supervision of a licensed
63	mold assessment consultant and who is an employee of a mold
64	assessment company or a mold assessment consultant.
65	(11) "Mold remediation" means the removal, cleaning, or
66	other treatment of mold or mold-contaminated matter, live or
67	dead, that was not intended to be grown, or purposely grown, at
68	that location.
69	(12) "Mold remediation company" means a person, other than
70	an individual, that performs mold remediation for compensation.
71	(13) "Mold remediation contractor" means an individual who
72	performs mold remediation for compensation.
73	(14) "Mold remediation supervisor" means an individual who
74	performs mold remediation under the supervision of a licensed
75	mold remediation contractor and who is an employee of a mold
76	remediation company or a mold remediation contractor.
77	(15) "Mold-related activities" means the performance of
78	mold assessments or mold remediation or any other activities
79	conducted to assess or remediate mold.
80	387.051 Adoption of rules; authority to contract.--
81	(1) The department shall adopt rules as necessary to
82	discharge its powers and duties under this chapter.
83	(2) The department by rule shall establish procedures to
84	be followed if, in the opinion of the department following a
85	site inspection, there is a danger or potential danger to the
86	occupants of a building, workers in a building or facility, or
87	the general public.
88	(3) The department may adopt rules under this chapter to
89	effect reciprocity agreements with other states.
90	(4) The department may contract with any qualified person
91	to perform inspections necessary to enforce the provisions of
92	this chapter.
93	387.052 Standards for mold-related activities.--The
94	department by rule shall adopt minimum standards for conducting
95	mold-related activities.
96	387.053 Mold remediation procedures.--The department shall
97	adopt rules to ensure proper and adequate procedures for mold
98	remediation, including rules specifying:
99	(1) Any additional procedures beyond those required under
100	s. 387.257 that are required to be addressed in the written
101	standard operating procedures for mold remediation that must be
102	prepared and followed by any licensee conducting mold
103	remediation.
104	(2) Any other requirements or procedures that the
105	department determines are necessary to be included in the scope
106	of work analysis required under s. 387.254(a) and that the
107	department determines are necessary to implement the scope of
108	work analysis.
109	(3) Any other requirements or procedures that the
110	department determines are necessary to be included in the work
111	plan required under s. 387.254(b), including the elements of the
112	work plan such as safety plans, contractor standard operating
113	procedures, specific methods of removal for each type of
114	remediation required for the project, estimated start and finish
115	dates of the project, and the type of personal protective
116	equipment to be used on the job, and any other requirements or
117	procedures that the department determines are necessary to
118	implement the work plan.
119	(4) Minimum standards for containment procedures to be
120	used in mold remediation activities.
121	(5) Any required safety standards mandated or recommended
122	by federal, state, or other jurisdictions or organizations.
123	(6) Any required equipment and equipment maintenance
124	standards.
125	(7) Any necessary periodic medical monitoring of
126	licensees.
127	(8) Necessary project documentation and records to be
128	maintained at the job site and records to be maintained at the
129	licensee's place of business.
130	387.054 Public education program.--
131	(1) The department shall conduct a statewide public
132	education and outreach program regarding the importance of and
133	ways to improve air quality in buildings, including the
134	importance of and the ways to recognize, prevent, control, and
135	mitigate mold occurrence and other indoor air quality factors
136	that have an adverse impact on human health.
137	(2) The program may include the development and
138	distribution of information to the public concerning indoor air
139	quality and mold, educational programs, informational or
140	educational exhibits, and any other methods of education or
141	communication that the department deems appropriate.
142	387.101 License required; exemption.--
143	(1) Unless a person holds a license issued by the
144	department under s. 387.103, the person may not act as or
145	purport to be:
146	(a) A mold analysis company;
147	(b) A mold assessment company;
148	(c) A mold assessment consultant;
149	(d) A mold assessment technician;
150	(e) A mold remediation company;
151	(f) A mold remediation contractor;
152	(g) A mold remediation supervisor; or
153	(h) A person that, by any other title or occupation not
154	described in this subsection, engages in mold assessment, mold
155	remediation, or mold analysis.
156	(2) A mold training provider must obtain a license in
157	accordance with s. 387.103.
158	(3) This section does not apply to an individual licensed
159	as a certified industrial hygienist.
160	387.102 Training required for license.--A person may not
161	be licensed to engage in a business or profession listed under
162	s. 387.101(a) unless the person completes all training required
163	by department rule.
164	387.103 Issuance, types of licenses.--Persons that meet
165	the requirements for licensing under this chapter, and any
166	education, experience, or other requirements established by
167	department rule, shall be licensed by the department to perform
168	those activities that are authorized under each of the following
169	license types:
170	(1) A person, other than an individual, that performs mold
171	and mold-related analyses for compensation must be licensed as a
172	mold analysis company.
173	(2) A person, other than an individual, that performs mold
174	assessments for compensation must be licensed as a mold
175	assessment company.
176	(3) An individual who performs mold assessments for
177	compensation must be licensed as a mold assessment consultant.
178	(4) An individual who performs mold assessment under the
179	supervision of a licensed mold assessment consultant must be
180	licensed as a mold assessment technician.
181	(5) A person, other than an individual, that performs mold
182	remediation for compensation must be licensed as a mold
183	remediation company.
184	(6) An individual who performs mold remediation for
185	compensation must be licensed as a mold remediation contractor.
186	(7) An individual who performs mold remediation under the
187	supervision of a licensed mold remediation contractor must be
188	licensed as a mold remediation supervisor.
189	(8) A person that offers and conducts mold assessment,
190	mold remediation, or mold analysis training for the fulfillment
191	of specific training requirements that are a prerequisite to
192	licensing must be licensed as a mold training provider.
193	387.104 Application for license.--
194	(1) An applicant for a license issued under s. 387.103
195	must apply to the department on the form prescribed by the
196	department.
197	(2) The application form must be signed by the applicant
198	and must include, where applicable:
199	(a) The business name and address of the applicant;
200	(b) Personal history information, business records, and
201	other relevant facts as required by the department and, for an
202	applicant for a license to engage in a business or profession
203	listed in s. 387.101, evidence of proof of compliance with the
204	insurance and incorporation requirements provided under s.
205	387.107; and
206	(c) A sample of the applicant's fingerprints and a recent
207	passport color photograph.
208	(3) The completed application must be notarized.
209	(4) An applicant must pay a nonrefundable application fee
210	set by the department for each application submitted.
211	(5) The department may, at any time after the filing of
212	the application and before the expiration of the license,
213	require additional written information and assurances from the
214	applicant or licensee and may make any inspections or require
215	the production of any documentary or other evidence that the
216	department considers necessary to determine whether the license
217	should be granted, delayed, or denied or whether the license
218	should be modified, suspended, or revoked.
219	387.105 License fees; other fees.--
220	(1) The department by rule shall adopt a schedule of fees
221	as set forth in this section and any other fees reasonable and
222	necessary to implement the provisions of this chapter. The fees
223	shall be collected by the department and shall be deposited with
224	the comptroller in the general revenue fund to the credit of an
225	account that may be used only by the department for the purposes
226	of this chapter.
227	(2) License fees may not exceed the following amounts:
228	(a) For a mold analysis company license, $600.
229	(b) For a mold assessment company license, $600.
230	(c) For a mold assessment consultant license, $500.
231	(d) For a mold assessment technician license, $300.
232	(e) For a mold remediation company license, $600.
233	(f) For a mold remediation contractor license, $500.
234	(g) For a mold remediation supervisor license, $300.
235	(h) For a mold training provider license, $600.
236	387.106 Qualifications for license.--
237	(1) To qualify for a license as a mold assessment
238	consultant, mold assessment technician, mold remediation
239	contractor, mold remediation supervisor, or mold training
240	provider, an applicant must:
241	(a) Be at least 18 years of age.
242	(b) Be a citizen of the United States.
243	(c) Be a resident of the state.
244	(d) Be trustworthy and of a moral character that
245	reasonably ensures that the applicant will conduct the business
246	of the mold-related activity for which the applicant is seeking
247	licensure fairly and in good faith and without detriment to any
248	member of the public.
249	(e) Have never been convicted of a felony or, if convicted
250	of a felony, must have received a full pardon from that
251	conviction and otherwise be relieved from any disabilities
252	connected with the conviction.
253	(f) Possess sufficient knowledge and training or
254	experience to engage in the business of the mold-related
255	activity for which the applicant is seeking licensure
256	competently and without detriment to any member of the public.
257	(g) Have successfully passed the license examination
258	adopted or approved under s. 387.151.
259	(h) Have successfully completed the training requirements
260	under s. 387.102.
261	(i) Have complied with the insurance and other
262	requirements under s. 387.107.
263	(2) To qualify for a license as a mold assessment company,
264	mold remediation company, or mold analysis company, the
265	applicant company must:
266	(a) Be a corporation or other business entity organized
267	under the laws of this state or any other state or territory of
268	the United States.
269	(b) Be admitted to conduct business in this state by the
270	secretary of state, if so required.
271	(c) Be organized and operating for the purpose of
272	conducting the activity for which the company is seeking a
273	license.
274	(d) Have at least one officer of the corporation or one
275	active partner of the partnership and all other persons
276	performing the activity for which the company is seeking
277	licensure on behalf of the company in this state individually
278	licensed or applying individually for a license from the
279	department separately from the corporation or partnership.
280	(e) Have complied with the insurance and other
281	requirements under s. 387.107.
282	387.107 Certificates of incorporation and insurance.--
283	(1) To be issued a license under this chapter, an
284	applicant must also provide, as applicable:
285	(a) A certificate of good standing issued by the secretary
286	of state, if the applicant is a corporation or other business
287	entity.
288	(b) If the applicant is a foreign corporation, a
289	certificate from the secretary of state authorizing the
290	applicant to conduct business in this state.
291	(c) A State of Florida sales tax number.
292	(d) A certificate of insurance or other proof of insurance
293	issued for the purpose of licensing under this chapter that
294	demonstrates:
295	1. Occurrence-based commercial general liability pollution
296	insurance with mold remediation included with a minimum coverage
297	of $1 million per occurrence and at least $2 million aggregate
298	coverage for any person applying for a license as a mold
299	remediation company or a mold remediation contractor, or
300	coverage under such policy as an employee of the mold
301	remediation company or mold remediation contractor for any
302	person applying as a mold remediation supervisor.
303	2. Professional liability insurance coverage for errors
304	and omissions, in an amount and with a deductible as required by
305	the department, for any mold training provider, mold assessment
306	company, mold assessment consultant, or mold analysis company
307	applying for a license under this chapter, or coverage under
308	such policy as an employee of the mold assessment company, mold
309	assessment consultant, or mold analysis company for any person
310	applying as a mold assessment technician.
311	3. Workers' compensation insurance issued by a company
312	authorized and licensed to issue workers' compensation insurance
313	in the state and written in the state on the Florida form, or
314	evidence of self-insurance.
315	4. Commercial automobile liability coverage in an amount
316	required by the department.
317	(2) A licensee must continuously maintain all applicable
318	insurance required under this section for the license to remain
319	effective. Failure to maintain the applicable insurance required
320	under this section will result in immediate forfeiture of the
321	license.
322	387.108 Licenses subject to rules and orders.--The terms
323	and conditions of licenses are subject to rules adopted or
324	orders issued by the department in accordance with this chapter.
325	387.109 License not assignable.--A license issued under
326	this chapter may not be assigned to another person.
327	387.110 License replacement.--A licensee may request a
328	replacement license certificate by completing and submitting an
329	application as prescribed by the department.
330	387.111 Provisional license.--
331	(1) The department may grant a provisional license to an
332	applicant currently licensed or registered in another
333	jurisdiction who is applying for a license in this state to
334	engage in a business or profession listed under s. 387.101(1)
335	and who:
336	(a) Has been licensed or registered in good standing to
337	perform the relevant mold-related activity for at least two
338	years in the other jurisdiction, including a foreign country, if
339	the jurisdiction has licensing or registration requirements
340	substantially equivalent to the requirements of this chapter.
341	(b) Has passed a national or other examination recognized
342	by the department relating to the relevant mold-related activity
343	in this state.
344	(c) Is sponsored by a person licensed by the department
345	under this chapter with whom the provisional license holder will
346	practice during the time the person holds the provisional
347	license.
348	(2) The department may waive the requirement of paragraph
349	(1)(c) for an applicant if the department determines that
350	compliance with that subsection would be a hardship to the
351	applicant.
352	(3) A provisional license is valid until the date the
353	department approves or denies the provisional license holder's
354	application for licensing. The department shall issue a license
355	under this chapter to the provisional license holder if the
356	provisional license holder is eligible to be licensed under s.
357	387.106 and satisfies any other applicable licensing
358	requirements under this chapter.
359	(4) The department shall approve or deny a provisional
360	licensee's application for a license to engage in a business or
361	profession listed under s. 387.101(1) not later than the 180th
362	day after the date the provisional license is issued. The
363	department may extend the 180-day period if the results of an
364	examination have not been received by the department before the
365	end of that period.
366	(5) The department may establish a fee for a provisional
367	license in an amount reasonable and necessary to cover the cost
368	of issuing the license.
369	387.112 Registration for trainees.--
370	(1) A trainee for mold assessment technician or mold
371	remediation supervisor must register with the department for a
372	temporary certificate under this section. An applicant for the
373	certificate must apply to the department on a form prescribed by
374	the department. The form must be accompanied by a nonrefundable
375	registration fee set by the department.
376	(2) A temporary certificate may be issued under this
377	section only for educational and training purposes. The holder
378	of a temporary certificate may train only under the direction
379	and sponsorship of a person licensed for the applicable mold-
380	assessment or mold-remediation activity.
381	(3) The sponsor must attest, on a form prescribed by the
382	department, that the trainee is an employee of and under the
383	supervision and control of the sponsor, that the sponsor is in
384	compliance with the insurance and other requirements of this
385	chapter, and that the trainee as an employee of the sponsor is
386	in compliance with the insurance and other requirements of this
387	chapter.
388	(4) A temporary certificate expires on the 180th day after
389	the date of issuance and may be renewed once on application to
390	the department. A person may not hold more than two consecutive
391	temporary certificates.
392	(5) Each person who holds a temporary certificate under
393	this section must comply with the insurance requirements under
394	s. 387.107 and must meet the requirements for licensing under s.
395	387.106(1)-(5).
396	387.151 Examination requirement.--
397	(1) A person may not receive a license for a business or
398	profession licensed under s. 387.101 unless the person passes an
399	examination required for the license.
400	(2) The department shall adopt or approve examinations
401	that applicants must pass in order to be licensed under this
402	chapter.
403	(3) The department may require or authorize the use of
404	standardized examinations for licensing under this chapter and
405	may set fees for the administration of the examinations.
406	387.152 Notification of examination results.--
407	(1) Not later than the 30th day after the date a person
408	takes a licensing examination under this chapter, the department
409	shall notify the person of the results of the examination.
410	(2) If the examination is graded or reviewed by a testing
411	service:
412	(a) The department shall notify the person of the results
413	of the examination not later than the 14th day after the date
414	the department receives the results from the testing service.
415	(b) If notice of the examination results will be delayed
416	for longer than 90 days after the examination date, the
417	department shall notify the person of the reason for the delay
418	before the 90th day.
419	(3) The department may require a testing service to notify
420	a person of the results of the person's examination under
421	subsection (2).
422	(4) If requested in writing by a person who fails a
423	licensing examination, the department shall provide to the
424	person an analysis of the person's performance on the
425	examination.
426	387.201 Continuing education requirement.--
427	(1) A licensee must annually complete at least 15 hours of
428	continuing education courses as prescribed by department rule.
429	(2) The courses under this section shall be offered and
430	provided by mold training providers licensed under this chapter.
431	(3) The licensee must submit proof of compliance with the
432	continuing education requirements along with the licensee's
433	license renewal application.
434	387.202 License renewal.--
435	(1) A license issued under this chapter expires on the
436	first anniversary of its effective date unless the license is
437	renewed for a 1-year term as provided by subsection (4).
438	(2) The department by rule may adopt a system under which
439	licenses expire on various dates during the year. For the year
440	in which the license expiration date is changed, the department
441	shall prorate license fees on a monthly basis so that each
442	licensee pays only the portion of the license fee that is
443	allocable to the number of months during which the license is
444	valid. On renewal of the license on the new expiration date, the
445	total license renewal fee is payable.
446	(3) At least 1 month before the license expires, the
447	department shall send to the licensee, by first class mail to
448	the licensee's last known address, a renewal notice that states:
449	(a) The date on which the current license expires.
450	(b) The date by which the renewal application must be
451	received by the department in order for the renewal to be issued
452	and mailed before the license expires.
453	(c) The amount of the renewal fee.
454	(4) A licensee may renew a license for a 1-year term if,
455	before the license expires, the licensee:
456	(a) Is otherwise entitled to be licensed.
457	(b) Pays to the department a nonrefundable renewal fee set
458	by the department in an amount not greater than the amount set
459	by the department for an original application under s. 387.105.
460	(c) Submits to the department a renewal application on the
461	form prescribed by the department and proof of compliance with
462	the continuing education requirements under s. 387.201.
463	(d) Has successfully completed all requirements for
464	renewal as provided by this chapter and as required by the
465	department by rule.
466	(e) Has complied with all final orders resulting from
467	violations of this chapter.
468	387.203 Expired license.--
469	(1) A person whose license has expired may not engage in
470	activities that require a license until the license has been
471	renewed.
472	(2) A person whose license has been expired for 90 days or
473	less may renew the license by meeting the requirements of s.
474	387.202(4), except that the renewal fee shall be equal to 1-1/2
475	times the normally required renewal fee.
476	(3) A person whose license has been expired for more than
477	90 days but less than 1 year may renew the license by meeting
478	the requirements of s. 387.202(4), except that the renewal fee
479	shall be equal to twice the normally required renewal fee.
480	(4) A person whose license has been expired for 1 year or
481	more may not renew the license. The person may obtain a new
482	license by complying with the requirements and procedures,
483	including the examination requirements, for obtaining an
484	original license.
485	387.204 Renewal of expired license by nonresident
486	licensees.--
487	(1) A person may renew without examination an expired
488	license if the person:
489	(a) Was formerly licensed in this state to engage in a
490	mold-related activity required to be licensed under this
491	chapter.
492	(b) Moved to another state and is currently licensed in
493	good standing with the other state to conduct the activity.
494	(c) Has practiced the activity in the other state for the
495	2 years preceding the date of application.
496	(2) The person must pay to the department a fee that is
497	equal to twice the normally required renewal fee for the
498	license.
499	387.251 Duty to ensure employee qualifications and
500	protection.--A licensee engaged in any mold-related activity
501	shall ensure that each employee licensee who will be involved in
502	or responsible for the activity:
503	(1) Is familiar with all relevant federal, state, and
504	local standards.
505	(2) Has completed the applicable course of instruction
506	adopted or approved by the department and any continuing
507	education requirements adopted by the department.
508	(3) Is supplied with approved equipment in good working
509	order for the employee's protection and for the protection of
510	the public and the environment.
511	387.252 Prohibition on multiple services that create
512	conflict of interest.--A licensee may perform only one of the
513	following activities on the same project:
514	(1) Mold assessment;
515	(2) Mold remediation; or
516	(3) Mold or mold-related analysis.
517	387.253 Required records.--
518	(1) A licensee shall:
519	(a) Keep records, as prescribed by department rule, of
520	each mold-related activity that the licensee performs including:
521	1. Documentation and records to be maintained at the job
522	site.
523	2. Permanent project records to be maintained at the
524	licensee's place of business.
525	(b) Make the records available to the department on
526	request.
527	(2) A licensee must keep records required by this section
528	for the period prescribed by department rule.
529	387.254 Scope of work analysis; work plan.--
530	(1) A scope of work analysis shall be prepared for each
531	mold remediation project by the mold remediation company or mold
532	remediation contractor. This scope of work document shall be
533	provided to the client or the client's representative either in
534	the bidding phase of the project or before the mold remediation
535	begins and must include a specification of:
536	(a) The rooms or areas where work will be performed.
537	(b) The quantities of materials to be removed or cleaned.
538	(c) The licensee's proposed methods for each type of
539	remediation in each type of area in the project.
540	(d) The clearance criteria proposed for each type of
541	remediation in each type of area in the project.
542	(2) A work plan providing instructions for the remediation
543	efforts to be performed shall be developed by the mold
544	remediation company or mold remediation contractor for each
545	project. To allow time for review and changes as needed, the
546	work plan shall be provided to the client and, if applicable, to
547	the client's third-party consultant before the mold remediation
548	starts. A copy of the plan must be maintained at the job site
549	for constant review by the mold remediation company, mold
550	remediation contractor, and mold remediation supervisor.
551	387.255 Advertising or competitive bidding.--
552	(1) Advertising or competitive bidding by a licensee that
553	contains false or misleading statements or that results in
554	deceptive practices is prohibited. The department may adopt
555	rules to enforce this section.
556	(2) If the department adopts rules under this section, the
557	department may not:
558	(a) Restrict the use of any medium for advertising;
559	(b) Restrict the use of a licensee's personal appearance
560	or voice in an advertisement;
561	(c) Mandate the size or duration of an advertisement by
562	the licensee; or
563	(d) Restrict the use of the licensee's trade name in an
564	advertisement.
565	387.256 Required notification of mold-related
566	activities.--
567	(1) A person engaged in mold-related activities in a
568	public building shall notify the department in writing or
569	electronically at least 10 days before the date the person
570	begins the activities.
571	(2) Notwithstanding subsection (1), a person may give the
572	required notification orally if the mold-related activity is of
573	an emergency nature.
574	(3) The department shall impose a notification fee to be
575	paid to the department for notification under this section. The
576	department by rule shall determine the amount of the fee and the
577	procedures for payment. The fee is incurred on notification by
578	the person under this section.
579	387.257 Standard operating procedures for mold
580	remediation.--A person engaged in mold remediation shall develop
581	and follow standard operating procedures, including proper use
582	of personal protective equipment; employee decontamination
583	procedures; employee annual medical monitoring; work area
584	preparation; basic remediation techniques; decontamination
585	techniques including of contents and interior surfaces not
586	directly affected by visible mold; handling of mold remediation
587	waste; use of chemicals for mold remediation; and any other
588	standard operating procedures required by rule by the
589	department.
590	387.258 Code of ethics.--The department by rule shall
591	adopt a code of ethics for persons engaging in mold assessment,
592	mold remediation, and any other activities performed for the
593	purpose of assessing and remediating mold that fosters the
594	education of licensees concerning the ethical, legal, and
595	business principles that should govern their conduct. The code
596	of ethics may address ethical principles and practices common to
597	all of the licensees as well as specialized ethical principles
598	and practices for each of the professions licensed under this
599	article.
600	387.301 Mold training providers.--
601	(1) A mold training provider may not offer a course of
602	instruction approved for the purposes of licensure under this
603	chapter unless the provider is licensed by the department under
604	s. 387.103(8).
605	(2) A mold training provider may not offer or provide
606	training in a course unless the course:
607	(a) Is approved by the department as a prerequisite to a
608	license for a business or profession listed under s. 387.101(1).
609	(b) Is offered or provided according to a course schedule
610	approved by the department.
611	(3) A mold training provider must furnish records to the
612	department concerning individuals who have attended a course of
613	instruction that is a prerequisite to licensing under this
614	chapter.
615	387.302 Department to adopt rules.--
616	(1) The department shall adopt rules reasonable and
617	necessary to implement s. 387.301(2) and (3) and s. 387.303.
618	(2) The department shall adopt any other rules necessary
619	to implement and monitor the mold training program.
620	387.303 Training requirements.--The department by rule
621	shall adopt a minimum curriculum and other training requirements
622	for mold training providers licensed under s. 387.103(8) to
623	train persons who are required to be licensed under this
624	chapter.
625	387.304 Withdrawal of course approval.--
626	(1) The department may withdraw approval of a course of
627	instruction that the department has previously approved.
628	(2) The withdrawal of approval is effective immediately,
629	and on receipt of notice from the department of the withdrawal
630	of approval, a mold training provider shall cease to offer and
631	provide the course of instruction.
632	387.351 Reprimand; modification, suspension, or revocation
633	of license.--
634	(1) After providing notice and an opportunity for hearing
635	to a licensee, the department shall reprimand a licensee or
636	modify, suspend, suspend on an emergency basis, or revoke a
637	license issued under this chapter if an act or omission of the
638	licensee meets one of the criteria for departmental action under
639	subsection (3).
640	(2) If the department suspends a license on an emergency
641	basis, the suspension is effective immediately. The department
642	shall provide an opportunity for a hearing within 20 days after
643	the date of the emergency suspension.
644	(3) The department by rule shall adopt the criteria for
645	departmental action under this section. At a minimum, the
646	criteria must require disciplinary action against a licensee
647	who:
648	(a) Commits fraud or deception in obtaining or attempting
649	to obtain a license or a contract to perform mold-related
650	activities;
651	(b) Fails at any time to meet the qualifications for a
652	license;
653	(c) Violates a rule adopted under this chapter;
654	(d) Violates an applicable federal or state standard for
655	performance of mold-related activities; or
656	(e) Fails to maintain the records required by this chapter
657	or department rule or fails to provide such records on request
658	by the department.
659	(4) If a license issued under this chapter has been
660	revoked, the individuals or organizations named in the
661	revocation may not reapply for a license for a period of at
662	least 5 years after the date of revocation.
663	(5) The notice and hearing required by this section shall
664	be conducted in accordance with s. 387.352.
665	(6) The department may place on probation a person whose
666	license is suspended. If a suspension is probated, the
667	department may require the person to do one or more of the
668	following:
669	(a) Report regularly to the department on matters that are
670	the basis of the probation.
671	(b) Limit practice to the areas prescribed by the
672	department.
673	(c) Continue or review professional education until the
674	person attains a degree of skill satisfactory to the department
675	in those areas that are the basis of the probation.
676	387.352 Notice; administrative hearing; appeal.--The
677	notice and hearing provisions under s. 387.351(5) and appeals
678	for judicial review of final administrative decisions issued
679	under s. 387.355 shall be conducted in accordance with the
680	department's rules for contested case hearings and the
681	applicable provisions of chapter 120.
682	387.353 Compliance with standards not a
683	defense.--Compliance with any minimum standards adopted by the
684	department under this chapter does not constitute a defense in a
685	civil action for damages arising from any work activity
686	performed in the course of mold-related activities.
687	387.354 Civil penalty; injunction.--
688	(1) If it appears that a person has violated, is
689	violating, or is threatening to violate a provision of this
690	chapter or a rule adopted or order issued under this chapter,
691	the department may request the Attorney General or the district,
692	county, or city attorney where the violation has occurred, is
693	occurring, or may occur to institute a civil suit for:
694	(a) Injunctive relief to restrain the person from
695	continuing the violation or threat of violation;
696	(b) The assessment and recovery of a civil penalty; or
697	(c) Both injunctive relief and a civil penalty.
698	(2) The penalty may be in an amount not to exceed $10,000
699	a day for each violation. Each day a violation occurs or
700	continues to occur is a separate violation for purposes of
701	imposing a penalty.
702	(3) The owner of a public building or an agent of the
703	owner who has contracted with or otherwise permitted a person
704	without a license issued under this chapter to perform in that
705	building any activity for which a license under this chapter is
706	required is subject to the imposition of a civil penalty, and
707	the department may request the institution of a suit for
708	collection of the civil penalty or for injunctive relief, or for
709	both the civil penalty and injunctive relief, as provided by
710	subsections (1) and (2).
711	(4) In determining the amount of a civil penalty, the
712	court shall consider the person's history of previous
713	violations, the seriousness of the violation, any hazard to the
714	health and safety of the public, and the demonstrated good faith
715	of the person charged.
716	(5) Any civil penalty recovered in a suit instituted by
717	the attorney general under this chapter shall be deposited with
718	the comptroller to the credit of the general revenue fund. Any
719	civil penalty recovered in a suit instituted by a local
720	government under this chapter shall be paid to the local
721	government.
722	387.355 Administrative penalty.--
723	(1) If a person violates this chapter or a rule adopted or
724	order issued under this chapter, the department may assess an
725	administrative penalty against the person as provided by this
726	section.
727	(2) The penalty may be in an amount not to exceed $10,000
728	for each violation. Each day a violation continues may be
729	considered a separate violation for purposes of the penalty
730	assessment.
731	(3) In determining the amount of an administrative
732	penalty, the department shall consider the person's history of
733	previous violations, the seriousness of the violation, any
734	hazard to the health and safety of the public, and any other
735	matter that justice may require.
736	(4) The administrative penalty may be assessed only after
737	the person charged with the violation has been given the
738	opportunity for a hearing.
739	(5) In the event of a hearing, the department shall make
740	findings of fact and shall issue a written decision about the
741	occurrence of the violation and the amount of the penalty that
742	is warranted.
743	(6) The department may consolidate the hearings with other
744	proceedings.
745	(7) If the person charged with the violation fails to
746	exercise the opportunity for a hearing, the department may
747	assess an administrative penalty after determining that a
748	violation occurred and determining the amount of penalty that is
749	warranted.
750	(8) After making the determinations under subsection (7),
751	the department shall issue an order requiring that the penalty
752	be paid.
753	(9) Not later than the 30th day after the date of issuance
754	of an order finding that a violation has occurred, the
755	department shall inform the person charged with the violation of
756	the amount of the penalty.
757	(10) Not later than the 30th day after the date the
758	department's decision or order is final, the person shall:
759	(a) Pay the penalty in full; or
760	(b) If the person seeks judicial review of either the
761	amount of the penalty or the fact of the violation, or both:
762	1. Forward the amount to the department for placement in
763	an escrow account; or
764	2. In lieu of payment into escrow, post with the
765	department a bond, in a form approved by the department, for the
766	amount of the penalty that is to remain effective until all
767	judicial review of the order or decision is final.
768	(11) If after judicial review of the decision or order it
769	is determined that the violation did not occur, that the penalty
770	should not be assessed, or that the amount of the penalty should
771	be reduced, the department shall, if the penalty has been paid
772	to the department, remit the appropriate amount to the person
773	with accrued interest not later than the 30th day after the date
774	of the determination. The rate of the interest is the rate
775	charged on loans to depository institutions by the New York
776	Federal Reserve Bank, and the interest shall be paid for the
777	period beginning on the date the penalty was paid and ending on
778	the date the penalty is remitted. If a bond has been posted, the
779	department shall execute a release of the bond.
780	(12) Failure to forward the amount of the penalty to the
781	department within the time provided by subsection (10) results
782	in a waiver of all rights on the part of the person charged with
783	the violation to contest the determination of a violation or the
784	amount of the penalty.
785	(13) Judicial review of the order or decision of the
786	department imposing a penalty under this chapter is instituted
787	by filing a petition with a district court in Leon County.
788	(14) Administrative penalties owed under this section may
789	be recovered in a civil action brought by the attorney general
790	at the request of the department.
791	(15) A penalty collected under this section shall be
792	deposited with the comptroller to the credit of the general
793	revenue fund.
794	387.356 Criminal penalty.--
795	(1) A person who is required to be licensed under this
796	chapter commits an offense if the person:
797	(a) Knowingly or intentionally violates this chapter or a
798	rule adopted or order issued under this chapter and the
799	violation results in an endangerment to the public health and
800	safety;
801	(b) Engages in mold-related activities without a license
802	issued in accordance with this chapter and has previously been
803	assessed a civil or administrative penalty for engaging in mold-
804	related activities without a license; or
805	(c) Fails to keep records as required by s. 387.253 and
806	previously has been assessed a civil or administrative penalty
807	for failing to keep records.
808	(2) An offense under this section is a misdemeanor
809	punishable by:
810	(a) For the first offense, a fine not to exceed $20,000,
811	confinement in jail for a period of not more than 6 months, or
812	both the fine and confinement; or
813	(b) For a second or subsequent offense, a fine not to
814	exceed $25,000, confinement in jail for a period of not more
815	than 2 years, or both the fine and confinement.
816	Section 2. The Department of Health shall adopt rules
817	implementing chapter 387, Florida Statutes, as created by this
818	act, not later than January 1, 2004.
819	Section 3. This act shall take effect July 1, 2003.