Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1830
                        Barcode 103740
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 02:17 PM         .                    
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11  Senator Argenziano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 6, between lines 6 and 7,
15  
16  insert:  
17         Section 2.  Section 489.1134, Florida Statutes, is
18  created to read:
19         489.1134  Mold remediation certification.--
20         (1)(a)  In addition to the certification or
21  registration required to engage in business as a contractor
22  under this part, any contractor who wishes to engage in
23  business as a contractor with a focus or emphasis on mold or
24  mold remediation that is not incidental to the scope of his or
25  her license shall take the courses or the number of course
26  hours determined by the board. Such courses or course hours
27  may count as part of the contractor's continuing education
28  requirement and shall be given by an instructional facility or
29  teaching entity that has been approved by the board. Upon
30  successful completion of the course, courses, or course hours,
31  the instructional facility or teaching entity that has been
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 approved by the board shall report such completion to the 2 department and issue to the taker of the course a certificate 3 of completion, which shall be available for inspection by any 4 entity or person seeking to have the contractor engage in 5 business as a contractor with a focus or emphasis on mold or 6 mold remediation that is not incidental to the license of the 7 contractor. 8 (b) Any other natural person who is employed by a 9 licensed contractor to provide work on mold or mold 10 remediation shall, as a prerequisite to his or her 11 authorization to provide such service, take a course approved 12 by the board. 13 (c) It is the responsibility of the contractor 14 licensed under this part to ensure that members of his or her 15 workforce who are engaging in business as a contractor with a 16 focus or emphasis on mold or mold remediation that is not 17 incidental to the scope of the contractor's license are in 18 compliance with this section, and such contractor is subject 19 to discipline under s. 489.129 for violation of this section. 20 (d) Training programs in mold remediation shall be 21 reviewed annually by the board to ensure that programs have 22 been provided equitably across the state. 23 (e) Periodically, the board shall review training 24 programs in mold remediation for quality in content and 25 instruction. The board shall also respond to complaints 26 regarding approved programs. 27 (2)(a) A person qualified under paragraph (1)(a) must 28 be present on any job site at which a person is engaging in 29 business as a contractor with a focus or emphasis on mold or 30 mold remediation that is not incidental to the scope of his or 31 her license. 2 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 (b) It is the responsibility of the licensed 2 contractor to ensure compliance with paragraph (a), and such 3 contractor is subject to discipline under s. 489.129 for 4 violation of this subsection. 5 (3) No contractor shall hold himself or herself out as 6 emphasizing in mold or mold remediation unless the contractor 7 is in compliance with this section. 8 (4) The term "mold" means an organism of the class 9 fungi that causes disintegration of organic matter and 10 produces spores and includes any spores, hyphae, and 11 mycotoxins produced by mold. The term "mold remediation" means 12 the business as a contractor related to mold or 13 mold-contaminated matter. 14 Section 3. Section 501.933, Florida Statutes, is 15 created to read: 16 501.933 Mold assessors; requirements; exemptions; 17 prohibited acts and penalties; bond and insurance; limitations 18 and enforcement.-- 19 (1) DEFINITIONS.--As used in this section, the term: 20 (a) "Mold" means an organism of the class fungi that 21 causes disintegration of organic matter and produces spores, 22 and includes any spores, hyphae, and mycotoxins produced by 23 mold. 24 (b) "Mold assessment" means: 25 1. An inspection, investigation, or survey of a 26 dwelling or other structure to provide the owner or occupant 27 with information regarding the presence, identification, or 28 evaluation of mold; 29 2. The development of a mold-management plan or 30 remediation protocol; or 31 3. The collection or analysis of a mold sample. 3 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 (c) "Mold assessor" means any person that performs or 2 directly supervises a mold assessment. 3 (2) REQUIREMENTS FOR PRACTICE.-- 4 (a) A person shall not work as a mold assessor unless 5 he or she has evidence of, or works under the direct 6 supervision of a person who has evidence of, a certification 7 from either: 8 1. A nonprofit organization with a focus on indoor air 9 quality or industrial hygiene that meets each of the following 10 criteria: 11 a. Requires that a person may not obtain certification 12 unless the person has at least a 2-year degree in a scientific 13 or building science field and 3 years of documented experience 14 from a qualified mold assessor, or requires a 4-year degree in 15 a scientific or building science field. 16 b. Requires the person to pass an examination testing 17 knowledge related to mold and mold assessment; or 18 2. A community college or university that offers mold 19 assessment training or education. 20 (b) A business entity may not provide or offer to 21 provide mold assessment services unless the business entity 22 satisfies all of the requirements of this section. 23 (3) EXEMPTIONS.--The following persons are not 24 required to comply with this section with regard to any mold 25 assessment: 26 (a) A residential property owner who performs mold 27 assessment on his or her own property. 28 (b) An owner or tenant, or a managing agent or 29 employee of an owner or tenant, who performs mold assessment 30 on property owned or leased by the owner or tenant. This 31 exemption does not apply if the managing agent or employee 4 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 engages in the business of performing mold assessment for the 2 public. 3 (c) An employee of a licensee who performs mold 4 assessment while directly supervised by the mold assessor. 5 (d) Individuals or business organizations licensed 6 under chapter 471, part I of chapter 481, chapter 482, or 7 chapter 489, or acting on behalf of an insurer under part VI 8 of chapter 626, or individuals in the manufactured housing 9 industry who are licensed under chapter 320, that are not 10 specifically engaged in mold assessment, but that are acting 11 within the scope of their respective licenses. 12 (e) An authorized employee of the United States, this 13 state, or any municipality, county, or other political 14 subdivision, or public or private school, who meets the 15 requirements of subsection (2) and who is conducting mold 16 assessment within the scope of that employment, as long as the 17 employee does not hold out for hire or otherwise engage in 18 mold assessment. 19 (4) PROHIBITED ACTS; PENALTIES.-- 20 (a) A mold assessor, a company that employs a mold 21 assessor, or a company that is controlled by a company that 22 also has a financial interest in a company employing a mold 23 assessor may not: 24 1. Perform or offer to perform any mold assessment 25 without complying with the requirements of this section. 26 2. Perform or offer to perform any mold remediation to 27 a structure on which the mold assessor or the mold assessor's 28 company provided a mold assessment within the last 12 months. 29 3. Inspect for a fee any property in which the 30 assessor or the assessor's company has any financial or 31 transfer interest. 5 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 4. Accept any compensation, inducement, or reward from 2 a mold remediator or mold remediator's company for the 3 referral of any business to the mold remediator or the mold 4 remediator's company. 5 5. Offer any compensation, inducement, or reward to a 6 mold remediator or mold remediator's company for the referral 7 of any business from the mold remediator or the mold 8 remediator's company. 9 6. Accept an engagement to make an omission of the 10 assessment or conduct an assessment in which the assessment 11 itself, or the fee payable for the assessment, is contingent 12 upon the conclusions of the assessment. 13 (b) Any person who violates any provision of this 14 subsection commits: 15 1. A misdemeanor of the second degree for a first 16 violation, punishable as provided in s. 775.082 or s. 775.083. 17 2. A misdemeanor of the first degree for a second 18 violation, punishable as provided in s. 775.082 or s. 775.083. 19 3. A felony of the third degree for a third or 20 subsequent violation, punishable as provided in s. 775.082, s. 21 775.083, or s. 775.084. 22 (5) INSURANCE.--A mold assessor must maintain a 23 mold-specific insurance policy in an amount of not less than 24 $1 million. 25 (6) REPAIR COST ESTIMATES.--Mold assessors are not 26 required to provide estimates related to the cost of repair of 27 an assessed property. 28 (7) STATUTE OF LIMITATIONS.--Chapter 95 governs the 29 time at which an action to enforce an obligation, duty, or 30 right arising under this section must be commenced. 31 (8) ENFORCEMENT OF VIOLATIONS.--Any violation of this 6 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 section constitutes a deceptive and unfair trade practice, 2 punishable as provided in part II of this chapter. 3 Section 4. Section 501.934, Florida Statutes, is 4 created to read: 5 501.934 Noncontracting mold remediators; requirements; 6 exemptions; prohibited acts and penalties; bond and insurance; 7 limitations and enforcement.-- 8 (1) DEFINITIONS.--As used in this section, the term: 9 (a) "Mold" means an organism of the class fungi that 10 causes disintegration of organic matter and produces spores, 11 and includes any spores, hyphae, and mycotoxins produced by 12 mold. 13 (b) "Noncontracting mold remediation" means the 14 removal, cleaning, sanitizing, demolition, or other treatment, 15 including preventive activities, of mold or mold-contaminated 16 matter that was not purposely grown at that location; however, 17 such removal, cleaning, sanitizing, demolition, or other 18 treatment, including preventive activities, may not be work 19 that requires a license under chapter 489 unless performed by 20 a person who is licensed under that chapter or the work 21 complies with that chapter. 22 (c) "Noncontracting mold remediator" means any person 23 that performs mold remediation. A noncontracting mold 24 remediator may not perform any work that requires a license 25 under chapter 489 unless the noncontracting mold remediator is 26 also licensed under that chapter or complies with that 27 chapter. 28 (2) REQUIREMENTS FOR PRACTICE.-- 29 (a) A person shall not work as a noncontracting mold 30 remediator unless he or she has evidence of, or works under 31 the direct supervision of a person who has evidence of, a 7 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 certification from either: 2 1. A nonprofit organization with a focus on mold 3 remediation that meets each of the following criteria: 4 a. Requires that a person has at least a high school 5 diploma and at least 2 years' experience in a field related to 6 mold remediation; 7 b. Requires that a person has completed training 8 related to mold and mold remediation; and 9 c. Requires the person to pass an examination testing 10 knowledge related to mold and mold remediation; or 11 2. A community college or university that offers mold 12 remediation training or education. 13 (b) A business entity may not provide or offer to 14 provide mold remediation services unless the business entity 15 satisfies all of the requirements of this section. 16 (3) EXEMPTIONS.--The following persons are not 17 required to comply with this section with regard to any 18 noncontracting mold remediation: 19 (a) A residential property owner who performs 20 noncontracting mold remediation on his or her own property. 21 (b) An owner or tenant, or a managing agent or 22 employee of an owner or tenant, who performs noncontracting 23 mold remediation on property owned or leased by the owner or 24 tenant so long as such remediation is within the routine 25 maintenance of a building structure. This exemption does not 26 apply if the managing agent or employee engages in the 27 business of performing noncontracting mold remediation for the 28 public. 29 (c) An employee of a licensee who performs 30 noncontracting mold remediation while directly supervised by 31 the noncontracting mold remediator. 8 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 (d) Individuals or business organizations licensed 2 under chapter 471, part I of chapter 481, chapter 482, or 3 chapter 489, or acting on behalf of an insurer under part VI 4 of chapter 626, or individuals in the manufactured housing 5 industry who are licensed under chapter 320, that are not 6 specifically engaged in mold remediation, but that are acting 7 within the scope of their respective licenses. 8 (e) An authorized employee of the United States, this 9 state, or any municipality, county, or other political 10 subdivision, or public or private school, who meets the 11 requirements of subsection (2) and who is conducting mold 12 remediation within the scope of that employment, as long as 13 the employee does not hold out for hire or otherwise engage in 14 mold remediation. 15 (4) PROHIBITED ACTS; PENALTIES.-- 16 (a) A noncontracting mold remediator, a company that 17 employs a noncontracting mold remediator, or a company that is 18 controlled by a company that also has a financial interest in 19 a company employing a noncontracting mold remediator may not: 20 1. Perform or offer to perform any mold remediation 21 without complying with the requirements of this section. 22 2. Perform or offer to perform any mold assessment as 23 defined in s. 501.933. 24 3. Remediate for a fee any property in which the 25 noncontracting mold remediator or the noncontracting mold 26 remediator's company has any financial or transfer interest. 27 4. Accept any compensation, inducement, or reward from 28 a mold assessor or mold assessor's company for the referral of 29 any business from the mold assessor or the mold assessor's 30 company. 31 5. Offer any compensation, inducement, or reward to a 9 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 mold assessor or mold assessor's company for the referral of 2 any business from the mold assessor or the mold assessor's 3 company. 4 (b) Any person who violates any provision of this 5 subsection commits: 6 1. A misdemeanor of the second degree for a first 7 violation, punishable as provided in s. 775.082 or s. 775.083. 8 2. A misdemeanor of the first degree for a second 9 violation, punishable as provided in s. 775.082 or s. 775.083. 10 3. A felony of the third degree for a third or 11 subsequent violation, punishable as provided in s. 775.082, s. 12 775.083, or s. 775.084. 13 (5) INSURANCE.--A noncontracting mold remediator shall 14 maintain a general liability insurance policy with a mold 15 insurance pollution rider in an amount of not less than $1 16 million. 17 (6) STATUTE OF LIMITATIONS.--Chapter 95 governs the 18 time at which an action to enforce an obligation, duty, or 19 right arising under this section must be commenced. 20 (7) ENFORCEMENT OF VIOLATIONS.--Any violation of this 21 section constitutes a deceptive and unfair trade practice, 22 punishable as provided in part II of this chapter. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, line 2, delete that line 30 31 and insert: 10 5:50 PM 05/03/05 s1830c1c-03-23t
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1830 Barcode 103740 1 An act relating to real property inspection and 2 repair; creating s. 489.1134, F.S.; providing 3 educational requirements and procedural 4 requirements for mold remediation 5 certification; providing for discipline; 6 requiring review of mold remediation training 7 programs; requiring a person certified under 8 this section to be present on certain job 9 sites; assigning responsibility for workforce 10 compliance; requiring compliance; providing 11 definitions; creating s. 501.933, F.S.; 12 providing definitions; providing requirements 13 for practice as a mold assessor; providing 14 exemptions; providing prohibited acts and 15 penalties; requiring that mold assessors 16 maintain liability insurance; providing that 17 mold assessors do not have a duty to provide 18 repair cost estimates; providing limitations; 19 providing for enforcement of violations; 20 creating s. 501.934, F.S.; providing 21 definitions; providing requirements for 22 practice as a noncontracting mold remediator; 23 providing exemptions; providing prohibited acts 24 and penalties; requiring that noncontracting 25 mold remediators maintain liability insurance; 26 providing limitations; providing for 27 enforcement of violations; 28 29 30 31 11 5:50 PM 05/03/05 s1830c1c-03-23t