HB 1215

1
A bill to be entitled
2An act relating to mold remediation; providing a popular
3name; providing legislative purpose; providing the scope
4of the act; defining terms; providing registration
5requirements for mold assessment companies, mold
6assessment consultants, mold remediation companies, mold
7remediation contractors, and mold training providers;
8requiring training; providing application procedures;
9providing for fees; providing qualifications for
10registration; providing for rules and orders of the
11Construction Industry Licensing Board; prohibiting the
12assignment of a registration; providing for replacement
13certificates; prohibiting performing more than one
14specified activity on a given project; providing for the
15Department of Business and Professional Regulation to
16issue reprimands and to modify, suspend, or revoke a
17registration; providing guidelines for disciplinary
18action; providing for rulemaking by the board and by the
19department; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Sections 1-7 of this act may be known by the
24popular name the "Mold Remediation Registration Act."
25     Section 2.  Legislative purpose.--The Legislature finds it
26necessary in the interest of the public safety and welfare, in
27order to prevent damage to the real and personal property of the
28residents of this state and to avert economic injury to the
29residents of this state, to regulate individuals and companies
30that hold themselves out to the public as qualified to perform
31mold-related activities.
32     Section 3.  Scope of act.--This act applies to any
33individual or company that engages or offers to engage in the
34business or profession of performing any mold-related activity
35for compensation. This act does not apply to individuals or
36companies licensed under chapter 471, chapter 482, or chapter
37489, Florida Statutes, when acting within the scope of their
38respective licenses.
39     Section 4.  Definitions.--As used in this act, the term:
40     (1)  "Board" means the Construction Industry Licensing
41Board.
42     (2)  "Company" means any partnership, corporation, business
43trust, joint venture, or other legal entity.
44     (3)  "Department" means the Department of Business and
45Professional Regulation.
46     (4)  "Mold" means any fungi or related products or parts,
47including spores, hyphae, and mycotoxins.
48     (5)  "Mold assessment" means the performance of mold
49assessments or mold-related assessments, investigations, or
50surveys; the development of mold management plans or response
51actions; or the collection or analysis of mold samples.
52     (6)  "Mold assessment company" means a company that
53performs mold assessments for compensation.
54     (7)  "Mold assessment consultant" means an individual who
55performs mold assessments for compensation.
56     (8)  "Mold remediation" means the removal, cleaning, or
57other treatment of mold or mold-contaminated matter, live or
58dead, which was not intended to be grown, or purposely grown, at
59that location.
60     (9)  "Mold remediation company" means a company that
61performs mold remediation for compensation.
62     (10)  "Mold remediation contractor" means an individual who
63performs mold remediation for compensation.
64     (11)  "Mold-related activities" means the performance of
65mold assessments or mold remediation or any other activities
66conducted to assess or remediate mold.
67     (12)  "Mold training provider" means an individual or
68company that offers and conducts mold assessment or mold
69remediation training for the fulfillment of specific training
70requirements that are a prerequisite to registration under this
71act.
72     (13)  "Registrant" means an individual registered to engage
73in a business or profession listed under this act or, if the
74registrant is a company, the officers, partners, or other
75individuals of a company registered to engage in a business or
76profession listed under this act.
77     Section 5.  Registration required; training; types;
78application; fees; qualifications; rules and orders;
79assignability; replacement; continuing education; multiple
80services.--
81     (1)  REGISTRATION REQUIRED.--An individual or a company
82must hold a registration issued by the department under this act
83before the individual or the company may act as or purport to
84be:
85     (a)  A mold assessment company;
86     (b)  A mold assessment consultant;
87     (c)  A mold remediation company;
88     (d)  A mold remediation contractor; or
89     (e)  A mold training provider.
90     (2)  TRAINING REQUIRED FOR REGISTRATION.--An individual or
91company may be registered to engage in a business or profession
92listed under this act only if the individual or, if a company,
93the officers or partners of the company, or other individuals
94employed by the company, who will perform mold-related
95activities for the company, complete all training required by
96board rule.
97     (3)  TYPES OF REGISTRATION; ISSUANCE.--An individual or a
98company that meets the requirements for registration under this
99act, and any education, experience, or other requirements
100established by the board by rule, must be registered by the
101department to perform the activities that are authorized under
102each of the following types of registration:
103     (a)  A company that performs mold assessments for
104compensation must be registered as a mold analysis company.
105     (b)  An individual who performs mold assessments for
106compensation must be registered as a mold assessment consultant.
107     (c)  A company that performs mold remediation for
108compensation must be registered as a mold remediation company.
109     (d)  An individual who performs mold remediation for
110compensation must be registered as a mold remediation
111contractor.
112     (e)  A person that offers and conducts mold assessment or
113mold remediation training for the fulfillment of specific
114training requirements that are a prerequisite to registration
115must be registered as a mold training provider.
116     (4)  APPLICATION FOR REGISTRATION.--
117     (a)  An applicant for a registration issued under this act
118must apply to the department on the form prescribed by the
119department.
120     (b)  The application form must be completed, signed by the
121applicant, and notarized and must include, if applicable:
122     1.  The business name and address of the applicant.
123     2.  Personal history information, business records, and
124other relevant facts required by the department and, for an
125applicant for a registration to engage in a business or
126profession listed in this act, evidence of proof of compliance
127with the insurance and incorporation requirements provided under
128this act.
129     (c)  For each application that an applicant submits, he or
130she must pay a nonrefundable application fee set by the board.
131     (d)  The department may, at any time after the application
132is filed and before the registration expires, require the
133applicant to provide additional written information and
134assurances. The department may conduct any inspections or
135require the production of any documentary or other evidence that
136the department considers necessary to determine whether a
137registration should be granted, delayed, or denied or whether an
138existing registration should be modified, suspended, or revoked.
139     (5)  REGISTRATION FEES; OTHER FEES.--
140     (a)  The board by rule shall adopt a schedule of fees as
141set forth in this section and may adopt any other fees that are
142reasonable and necessary to administer this act. The department
143shall collect the fees and deposit the proceeds in the
144Professional Regulation Trust Fund. Funds deposited pursuant to
145this act may be used only by the department for the purposes of
146this act.
147     (b)  Registration fees may not exceed $600 for each of the
148required registrations.
149     (6)  QUALIFICATIONS FOR REGISTRATION.--To qualify for
150registration under this act, an individual must:
151     (a)  Be at least 18 years of age.
152     (b)  Be of good moral character.
153     (c)  Have successfully met the requirements for
154registration established under this act.
155     (d)  Meet the eligibility requirements set by:
156     1.  The American Industrial Hygiene Association;
157     2.  The Indoor Air Quality Association;
158     3.  The American Society of Safety Engineers; or
159     4.  An equivalent educational program as determined by the
160board.
161     (e)  If the applicant is a mold assessment company, a mold
162assessment consultant, or an individual performing mold
163assessments for a mold assessment company, demonstrate
164accreditation from a nationally recognized accrediting body or
165authority, such as the American Industrial Hygiene Association
166Laboratory Accreditation Program or an equivalent program
167recognized by the National Cooperation on Laboratory
168Accreditation as meeting the international standard for
169competence.
170     (7)  RULES AND ORDERS.--The terms and conditions of a
171registration under this act are subject to rules adopted or
172orders issued by the board in accordance with this act.
173     (8)  ASSIGNABILITY.--A registration issued under this act
174may not be assigned to another individual or company.
175     (9)  REPLACEMENT CERTIFICATE.--A registrant may request a
176replacement registration certificate by completing and
177submitting an application as prescribed by the board.
178     (10)  CONTINUING EDUCATION.--A registrant must annually
179complete at least 15 hours of continuing education courses as
180prescribed by the board by rule. The courses required under this
181section must be provided by mold training providers registered
182under this act. The registrant must submit proof of compliance
183with the continuing education requirements along with the
184application for renewal of registration.
185     (11)  MULTIPLE SERVICES PROHIBITED.--A registrant may
186perform only one of the following activities on the same
187project:
188     (a)  Mold or mold-related analysis or assessment; or
189     (b)  Mold remediation.
190     Section 6.  Reprimand; modification, suspension, or
191revocation of registration.--
192     (1)  After providing notice and an opportunity for hearing
193to a registrant, the department shall reprimand the registrant
194or modify, suspend, suspend on an emergency basis, or revoke a
195registration issued under this act, if the registrant meets one
196of the criteria for departmental action under subsection (3).
197     (2)  If the department suspends a registration on an
198emergency basis, the suspension is effective immediately. The
199department shall provide an opportunity for a hearing within 20
200days after the date of the emergency suspension.
201     (3)  The board by rule shall adopt the criteria for
202departmental action under this section. At a minimum, the
203criteria must require disciplinary action against a registrant
204who:
205     (a)  Commits fraud or deception in obtaining or attempting
206to obtain a registration or a contract to perform mold-related
207activities;
208     (b)  Fails at any time to meet the qualifications for a
209registration;
210     (c)  Violates a rule adopted under this act;
211     (d)  Violates an applicable federal or state standard for
212performance of mold-related activities; or
213     (e)  Fails to maintain the records required by this act or
214rule of the board or fails to provide such records on request by
215the department.
216     (4)  If a registration issued under this act has been
217revoked, the individuals or companies named in the revocation
218may not reapply for a registration for at least 5 years after
219the date of revocation.
220     (5)  The department may place on probation a company or an
221individual whose registration is suspended. If an individual or
222a company is placed on probation, the department may require the
223individual or company to do one or more of the following:
224     (a)  Report regularly to the department on matters that are
225the basis of the probation.
226     (b)  Limit practice to the areas prescribed by the board.
227     (c)  Continue or review professional education until the
228individual or company attains a degree of skill satisfactory to
229the board in those areas that are the basis of the probation.
230     Section 7.  Rules.--The department shall adopt rules
231pursuant to ss. 120.536(1) and 120.54 necessary to administer
232this act.
233     Section 8.  This act shall take effect July 1, 2004.


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