HB 315

1	A bill to be entitled
2	An act relating to building assessment and remediation;
3	creating s. 501.935, F.S., relating to home inspection
4	services; providing definitions; providing requirements
5	for practice; providing exemptions; providing prohibited
6	acts and penalties; requiring liability insurance;
7	exempting from duty to provide repair cost estimates;
8	providing limitations; providing for enforcement of
9	violations; authorizing a person who meets certain
10	conditions to work as a home inspector for a limited time,
11	notwithstanding the act's other provisions; creating s.
12	489.1134, F.S.; providing educational requirements and
13	procedural requirements for mold remediation
14	certification; providing for discipline; requiring review
15	of mold remediation training programs; requiring a person
16	certified under this section to be present on certain job
17	sites; assigning responsibility for workforce compliance;
18	requiring compliance; providing definitions; creating s.
19	501.933, F.S.; providing definitions; providing
20	requirements for practice as a mold assessor; providing
21	exemptions; providing prohibited acts and penalties;
22	requiring that mold assessors maintain liability
23	insurance; providing that mold assessors do not have a
24	duty to provide repair cost estimates; providing
25	limitations; providing for enforcement of violations;
26	creating s. 501.934, F.S.; providing definitions;
27	providing requirements for practice as a noncontracting
28	mold remediator; providing exemptions; providing
29	prohibited acts and penalties; requiring that
30	noncontracting mold remediators maintain liability
31	insurance; providing limitations; providing for
32	enforcement of violations; providing legislative findings
33	and intent with respect to the objectives of the act and
34	protection of homeowners; providing effective dates.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 501.935, Florida Statutes, is created
39	to read:
40	501.935  Home inspection services; requirements;
41	exemptions; prohibited acts and penalties; insurance;
42	limitations and enforcement.--
43	(1)  DEFINITIONS.--As used in this section, the term:
44	(a)  "Home" means any residential real property, or
45	manufactured or modular home, that is a single-family dwelling,
46	duplex, triplex, quadruplex, condominium unit, or cooperative
47	unit. The term does not include the common areas of condominiums
48	or cooperatives.
49	(b)  "Home inspector" means any person who provides or
50	offers to provide a home inspection for a fee or other
51	compensation.
52	(c)  "Home inspection" means a limited visual examination
53	of one or more of the readily accessible installed systems and
54	components of a home, including the structure, electrical
55	system, HVAC system, roof covering, plumbing system, interior
56	components, exterior components, and site conditions that affect
57	the structure, for the purposes of providing a written
58	professional opinion of the condition of the home.
59	(2)  REQUIREMENTS FOR PRACTICE.--
60	(a)  A person shall not work as a home inspector unless he
61	or she:
62	1.  Has successfully completed a course of study, which
63	requires a passing score on a valid examination in home
64	inspections which is not less than 60 hours and which includes,
65	but is not limited to, each of the following components of a
66	home: structure, electrical system, roof covering, plumbing
67	system, interior components, exterior components, site
68	conditions that affect the structure, and heating, ventilation,
69	and cooling systems.
70	2.  Completes 8 hours of continuing education related to
71	home inspections annually.
72	3.  Discloses each of the following to the consumer in
73	writing and prior to contracting for or commencing a home
74	inspection:
75	a.  The home inspector meets the education and examination
76	requirements of this subsection.
77	b.  The home inspector maintains the commercial general
78	liability insurance policy required by this section.
79	c.  The scope and any exclusions of the home inspection.
80	d.  A statement of experience which shall include either
81	the approximate number of home inspections the home inspector
82	has performed for a fee or the number of years of experience as
83	a home inspector.
84	e.  Home inspectors are not regulated by any state agency,
85	but any violation of this section may be an unfair and deceptive
86	trade practice under part II of this chapter.
87	(b)  A business entity may not provide or offer to provide
88	home inspection services unless each of the home inspectors
89	employed by the business entity satisfies all the requirements
90	of this section.
91	(c)  A business entity may not use, in connection with the
92	name or signature of the business entity, the title "home
93	inspectors" to describe the business entity's services unless
94	each of the home inspectors employed by the business entity
95	satisfies all the requirements of this section.
96	(3)  EXEMPTIONS.--The following persons are not required to
97	comply with this section when acting within the scope of
98	practice authorized by such license, except when such persons
99	are conducting, producing, disseminating, or charging a fee for
100	a home inspection or otherwise operating within the scope of
101	this section:
102	(a)  A construction contractor licensed under chapter 489.
103	(b)  An architect licensed under chapter 481.
104	(c)  An engineer licensed under chapter 471.
105	(d)  A building code administrator, plans examiner, or
106	building code inspector licensed under part XII of chapter 468.
107	(e)  A certified real estate appraiser, licensed real
108	estate appraiser, or registered real estate appraiser licensed
109	under part II of chapter 475.
110	(f)  An inspector whose report is being provided to, and is
111	solely for the benefit of, the Federal Housing Administration or
112	the Veterans Administration.
113	(g)  An inspector conducting inspections for wood-
114	destroying organisms on behalf of a licensee under chapter 482.
115	(h)  A firesafety inspector certified under s. 633.081.
116	(i)  An insurance adjuster licensed under part VI of
117	chapter 626.
118	(j)  An officer appointed by the court.
119	(k)  A master septic tank contractor licensed under part
120	III of chapter 489.
121	(l)  A certified energy auditor performing an energy audit
122	of any home or building conducted under chapter 366 or rules
123	adopted by the Public Service Commission.
124	(m)  A mobile home manufacturer, dealer, or installer
125	regulated or licensed pursuant to the requirements of chapter
126	320 and any employees or agents of the manufacturer, dealer, or
127	installer.
128	(4)  PROHIBITED ACTS; PENALTIES.--
129	(a)  A home inspector, a company that employs a home
130	inspector, or a company that is controlled by a company that
131	also has a financial interest in a company employing a home
132	inspector may not:
133	1.  Perform or offer to perform, prior to closing, for any
134	additional fee, any repairs to a home on which the inspector or
135	the inspector's company has prepared a home inspection report.
136	This paragraph does not apply to a home warranty company that is
137	affiliated with or retains a home inspector to perform repairs
138	pursuant to a claim made under a home warranty contract.
139	2.  Inspect for a fee any property in which the inspector
140	or the inspector's company has any financial or transfer
141	interest.
142	3.  Offer or deliver any compensation, inducement, or
143	reward to the owner of the inspected property, or any broker or
144	agent therefor, for the referral of any business to the
145	inspector or the inspection company.
146	4.  Accept an engagement to make an omission or prepare a
147	report in which the inspection itself, or the fee payable for
148	the inspection, is contingent upon either the conclusions in the
149	report, preestablished findings, or the close of escrow.
150	(b)  Any person who violates any provision of this
151	subsection commits:
152	1.  A misdemeanor of the second degree for a first
153	violation, punishable as provided in s. 775.082 or s. 775.083.
154	2.  A misdemeanor of the first degree for a second
155	violation, punishable as provided in s. 775.082 or s. 775.083.
156	3.  A felony of the third degree for a third or subsequent
157	violation, punishable as provided in s. 775.082, s. 775.083, or
158	s. 775.084.
159	(5)  INSURANCE.--A home inspector must maintain a
160	commercial general liability insurance policy in an amount of
161	not less that $300,000.
162	(6)  REPAIR COST ESTIMATES.--Home inspectors are not
163	required to provide estimates related to the cost of repair of
164	an inspected property.
165	(7)  STATUTE OF LIMITATIONS.--Chapter 95 governs when an
166	action to enforce an obligation, duty, or right arising under
167	this section must be commenced.
168	(8)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
169	section constitutes a deceptive and unfair trade practice,
170	punishable as provided in part II of this chapter.
171	(9)  GRANDFATHERING.--Until January 1, 2007,
172	notwithstanding any other provision of this section, a person
173	who meets the following criteria may work as a home inspector:
174	(a)  Has successfully completed high school or its
175	equivalent or has been in the business of home inspection
176	services for at least 5 years;
177	(b)  Has been engaged in the practice of home inspection
178	for compensation for at least 3 years prior to January 1, 2006;
179	and
180	(c)  Has performed not fewer than 250 home inspections for
181	compensation.
182	Section 2.  Effective October 1, 2005, section 489.1134,
183	Florida Statutes, is created to read:
184	489.1134  Mold remediation certification.--
185	(1)(a)  In addition to the certification or registration
186	required to engage in business as a contractor under this part,
187	any contractor who wishes to engage in business as a contractor
188	with a focus or emphasis on mold or mold remediation that is not
189	incidental to the scope of his or her license shall take the
190	courses or the number of course hours determined by the board.
191	Such courses or course hours may count as part of the
192	contractor's continuing education requirement and shall be given
193	by an instructional facility or teaching entity that has been
194	approved by the board. Upon successful completion of the course,
195	courses, or course hours, the instructional facility or teaching
196	entity that has been approved by the board shall report such
197	completion to the department and issue to the taker of the
198	course a certificate of completion, which shall be available for
199	inspection by any entity or person seeking to have the
200	contractor engage in business as a contractor with a focus or
201	emphasis on mold or mold remediation that is not incidental to
202	the license of the contractor.
203	(b)  Any other natural person who is employed by a licensed
204	contractor to provide work on mold or mold remediation shall, as
205	a prerequisite to his or her authorization to provide such
206	service, take a course approved by the board.
207	(c)  It is the responsibility of the contractor licensed
208	under this part to ensure that members of his or her workforce
209	who are engaging in business as a contractor with a focus or
210	emphasis on mold or mold remediation that is not incidental to
211	the scope of the contractor's license are in compliance with
212	this section, and such contractor is subject to discipline under
213	s. 489.129 for violation of this section.
214	(d)  Training programs in mold remediation shall be
215	reviewed annually by the board to ensure that programs have been
216	provided equitably across the state.
217	(e)  Periodically, the board shall review training programs
218	in mold remediation for quality in content and instruction. The
219	board shall also respond to complaints regarding approved
220	programs.
221	(2)(a)  A person qualified under paragraph (1)(a) must be
222	present on any job site at which a person is engaging in
223	business as a contractor with a focus or emphasis on mold or
224	mold remediation that is not incidental to the scope of his or
225	her license.
226	(b)  It is the responsibility of the licensed contractor to
227	ensure compliance with paragraph (a), and such contractor is
228	subject to discipline under s. 489.129 for violation of this
229	subsection.
230	(3)  No contractor shall hold himself or herself out as
231	emphasizing in mold or mold remediation unless the contractor is
232	in compliance with this section.
233	(4)  The term "mold" means an organism of the class fungi
234	that causes disintegration of organic matter and produces spores
235	and includes any spores, hyphae, and mycotoxins produced by
236	mold. The term "mold remediation" means the business as a
237	contractor related to mold or mold-contaminated matter.
238	Section 3.  Effective October 1, 2005, section 501.933,
239	Florida Statutes, is created to read:
240	501.933  Mold assessors; requirements; exemptions;
241	prohibited acts and penalties; bond and insurance; limitations
242	and enforcement.--
243	(1)  DEFINITIONS.--As used in this section, the term:
244	(a)  "Mold" means an organism of the class fungi that
245	causes disintegration of organic matter and produces spores, and
246	includes any spores, hyphae, and mycotoxins produced by mold.
247	(b)  "Mold assessment" means:
248	1.  An inspection, investigation, or survey of a dwelling
249	or other structure to provide the owner or occupant with
250	information regarding the presence, identification, or
251	evaluation of mold;
252	2.  The development of a mold-management plan or
253	remediation protocol; or
254	3.  The collection or analysis of a mold sample.
255	(c)  "Mold assessor" means any person that performs or
256	directly supervises a mold assessment.
257	(2)  REQUIREMENTS FOR PRACTICE.--
258	(a)  A person shall not work as a mold assessor unless he
259	or she has evidence of, or works under the direct supervision of
260	a person who has evidence of, a certification from either:
261	1.  A nonprofit organization with a focus on indoor air
262	quality or industrial hygiene that meets each of the following
263	criteria:
264	a.  Requires that a person may not obtain certification
265	unless the person has at least a 2-year degree in a scientific
266	or building science field and 3 years of documented experience
267	from a qualified mold assessor, or requires a 4-year degree in a
268	scientific or building science field.
269	b.  Requires the person to pass an examination testing
270	knowledge related to mold and mold assessment; or
271	2.  A community college or university that offers mold
272	assessment training or education.
273	(b)  A business entity may not provide or offer to provide
274	mold assessment services unless the business entity satisfies
275	all of the requirements of this section.
276	(3)  EXEMPTIONS.--The following persons are not required to
277	comply with this section with regard to any mold assessment:
278	(a)  A residential property owner who performs mold
279	assessment on his or her own property.
280	(b)  An owner or tenant, or a managing agent or employee of
281	an owner or tenant, who performs mold assessment on property
282	owned or leased by the owner or tenant. This exemption does not
283	apply if the managing agent or employee engages in the business
284	of performing mold assessment for the public.
285	(c)  An employee of a licensee who performs mold assessment
286	while directly supervised by the mold assessor.
287	(d)  Individuals or business organizations licensed under
288	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
289	or acting on behalf of an insurer under part VI of chapter 626,
290	or individuals in the manufactured housing industry who are
291	licensed under chapter 320, that are not specifically engaged in
292	mold assessment, but that are acting within the scope of their
293	respective licenses.
294	(e)  An authorized employee of the United States, this
295	state, or any municipality, county, or other political
296	subdivision, or public or private school, who meets the
297	requirements of subsection (2) and who is conducting mold
298	assessment within the scope of that employment, as long as the
299	employee does not hold out for hire or otherwise engage in mold
300	assessment.
301	(4)  PROHIBITED ACTS; PENALTIES.--
302	(a)  A mold assessor, a company that employs a mold
303	assessor, or a company that is controlled by a company that also
304	has a financial interest in a company employing a mold assessor
305	may not:
306	1.  Perform or offer to perform any mold assessment without
307	complying with the requirements of this section.
308	2.  Perform or offer to perform any mold remediation to a
309	structure on which the mold assessor or the mold assessor's
310	company provided a mold assessment within the last 12 months.
311	3.  Inspect for a fee any property in which the assessor or
312	the assessor's company has any financial or transfer interest.
313	4.  Accept any compensation, inducement, or reward from a
314	mold remediator or mold remediator's company for the referral of
315	any business to the mold remediator or the mold remediator's
316	company.
317	5.  Offer any compensation, inducement, or reward to a mold
318	remediator or mold remediator's company for the referral of any
319	business from the mold remediator or the mold remediator's
320	company.
321	6.  Accept an engagement to make an omission of the
322	assessment or conduct an assessment in which the assessment
323	itself, or the fee payable for the assessment, is contingent
324	upon the conclusions of the assessment.
325	(b)  Any person who violates any provision of this
326	subsection commits:
327	1.  A misdemeanor of the second degree for a first
328	violation, punishable as provided in s. 775.082 or s. 775.083.
329	2.  A misdemeanor of the first degree for a second
330	violation, punishable as provided in s. 775.082 or s. 775.083.
331	3.  A felony of the third degree for a third or subsequent
332	violation, punishable as provided in s. 775.082, s. 775.083, or
333	s. 775.084.
334	(5)  INSURANCE.--A mold assessor must maintain a mold-
335	specific insurance policy in an amount of not less than $1
336	million.
337	(6)  REPAIR COST ESTIMATES.--Mold assessors are not
338	required to provide estimates related to the cost of repair of
339	an assessed property.
340	(7)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
341	at which an action to enforce an obligation, duty, or right
342	arising under this section must be commenced.
343	(8)  ENFORCEMENT OF VIOLATIONS.--Subject to the exceptions
344	set forth in s. 501.212, a violation of this section may
345	constitute a deceptive and unfair trade practice, which may be
346	remedied as provided in part II of this chapter.
347	Section 4.  Effective October 1, 2005, section 501.934,
348	Florida Statutes, is created to read:
349	501.934  Noncontracting mold remediators; requirements;
350	exemptions; prohibited acts and penalties; bond and insurance;
351	limitations and enforcement.--
352	(1)  DEFINITIONS.--As used in this section, the term:
353	(a)  "Mold" means an organism of the class fungi that
354	causes disintegration of organic matter and produces spores, and
355	includes any spores, hyphae, and mycotoxins produced by mold.
356	(b)  "Noncontracting mold remediation" means the removal,
357	cleaning, sanitizing, demolition, or other treatment, including
358	preventive activities, of mold or mold-contaminated matter that
359	was not purposely grown at that location; however, such removal,
360	cleaning, sanitizing, demolition, or other treatment, including
361	preventive activities, may not be work that requires a license
362	under chapter 489 unless performed by a person who is licensed
363	under that chapter or the work complies with that chapter.
364	(c)  "Noncontracting mold remediator" means any person that
365	performs mold remediation. A noncontracting mold remediator may
366	not perform any work that requires a license under chapter 489
367	unless the noncontracting mold remediator is also licensed under
368	that chapter or complies with that chapter.
369	(2)  REQUIREMENTS FOR PRACTICE.--
370	(a)  A person shall not work as a noncontracting mold
371	remediator unless he or she has evidence of, or works under the
372	direct supervision of a person who has evidence of, a
373	certification from either:
374	1.  A nonprofit organization with a focus on mold
375	remediation that meets each of the following criteria:
376	a.  Requires that a person has at least a high school
377	diploma and at least 2 years' experience in a field related to
378	mold remediation;
379	b.  Requires that a person has completed training related
380	to mold and mold remediation; and
381	c.  Requires the person to pass an examination testing
382	knowledge related to mold and mold remediation; or
383	2.  A community college or university that offers mold
384	remediation training or education.
385	(b)  A business entity may not provide or offer to provide
386	mold remediation services unless the business entity satisfies
387	all of the requirements of this section.
388	(3)  EXEMPTIONS.--The following persons are not required to
389	comply with this section with regard to any noncontracting mold
390	remediation:
391	(a)  A residential property owner who performs
392	noncontracting mold remediation on his or her own property.
393	(b)  An owner or tenant, or a managing agent or employee of
394	an owner or tenant, who performs noncontracting mold remediation
395	on property owned or leased by the owner or tenant so long as
396	such remediation is within the routine maintenance of a building
397	structure. This exemption does not apply if the managing agent
398	or employee engages in the business of performing noncontracting
399	mold remediation for the public.
400	(c)  An employee of a licensee who performs noncontracting
401	mold remediation while directly supervised by the noncontracting
402	mold remediator.
403	(d)  Individuals or business organizations licensed under
404	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
405	or acting on behalf of an insurer under part VI of chapter 626,
406	or individuals in the manufactured housing industry who are
407	licensed under chapter 320, that are not specifically engaged in
408	mold remediation, but that are acting within the scope of their
409	respective licenses.
410	(e)  An authorized employee of the United States, this
411	state, or any municipality, county, or other political
412	subdivision, or public or private school, who meets the
413	requirements of subsection (2) and who is conducting mold
414	remediation within the scope of that employment, as long as the
415	employee does not hold out for hire or otherwise engage in mold
416	remediation.
417	(4)  PROHIBITED ACTS; PENALTIES.--
418	(a)  A noncontracting mold remediator, a company that
419	employs a noncontracting mold remediator, or a company that is
420	controlled by a company that also has a financial interest in a
421	company employing a noncontracting mold remediator may not:
422	1.  Perform or offer to perform any mold remediation
423	without complying with the requirements of this section.
424	2.  Perform or offer to perform any mold assessment as
425	defined in s. 501.933.
426	3.  Remediate for a fee any property in which the
427	noncontracting mold remediator or the noncontracting mold
428	remediator's company has any financial or transfer interest.
429	4.  Accept any compensation, inducement, or reward from a
430	mold assessor or mold assessor's company for the referral of any
431	business from the mold assessor or the mold assessor's company.
432	5.  Offer any compensation, inducement, or reward to a mold
433	assessor or mold assessor's company for the referral of any
434	business from the mold assessor or the mold assessor's company.
435	(b)  Any person who violates any provision of this
436	subsection commits:
437	1.  A misdemeanor of the second degree for a first
438	violation, punishable as provided in s. 775.082 or s. 775.083.
439	2.  A misdemeanor of the first degree for a second
440	violation, punishable as provided in s. 775.082 or s. 775.083.
441	3.  A felony of the third degree for a third or subsequent
442	violation, punishable as provided in s. 775.082, s. 775.083, or
443	s. 775.084.
444	(5)  INSURANCE.--A noncontracting mold remediator shall
445	maintain a general liability insurance policy with a mold
446	insurance pollution rider in an amount of not less than $1
447	million.
448	(6)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
449	at which an action to enforce an obligation, duty, or right
450	arising under this section must be commenced.
451	(7)  ENFORCEMENT OF VIOLATIONS.--Subject to the exceptions
452	set forth in s. 501.212, a violation of this section may
453	constitute a deceptive and unfair trade practice, which may be
454	remedied as provided in part II of this chapter.
455	Section 5.  It is the intent of the Legislature pursuant to
456	section 11.62, Florida Statutes, that the professions and
457	occupations covered by the act be regulated in a manner that
458	does not unnecessarily restrict entry into the profession or
459	occupation pursuant to this act. The Legislature finds that this
460	act provides a measure of protection for homeowners by providing
461	education and experience requirements and testing necessary to
462	protect homeowners' investment in their homes.
463	Section 6.  Except as otherwise expressly provided in this
464	act and except for this section, which shall take effect July 1,
465	2005, this act shall take effect January 1, 2006.

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