HB 161

1
A bill to be entitled
2An act relating to mold remediation and assessment;
3creating s. 489.1134, F.S.; providing educational
4requirements and procedural requirements for mold
5remediation certification; providing for discipline;
6requiring review of mold remediation training programs;
7requiring a person certified under this section to be
8present on certain job sites; assigning responsibility for
9workforce compliance; requiring compliance; providing
10definitions; creating s. 501.933, F.S.; providing
11definitions; providing requirements for practice as a mold
12assessor; providing exemptions; providing prohibited acts
13and penalties; requiring that mold assessors maintain
14liability insurance; providing that mold assessors do not
15have a duty to provide repair cost estimates; providing
16limitations; providing for enforcement of violations;
17creating s. 501.934, F.S.; providing definitions;
18providing requirements for practice as a noncontracting
19mold remediator; providing exemptions; providing
20prohibited acts and penalties; requiring that
21noncontracting mold remediators maintain liability
22insurance; providing limitations; providing for
23enforcement of violations; providing legislative findings
24and intent with respect to the objectives of the act and
25protection of homeowners; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 489.1134, Florida Statutes, is created
30to read:
31     489.1134  Mold remediation certification.--
32     (1)(a)  In addition to the certification or registration
33required to engage in business as a contractor under this part,
34any contractor who wishes to engage in business as a contractor
35with a focus or emphasis on mold or mold remediation that is not
36incidental to the scope of his or her license shall take the
37courses or the number of course hours determined by the board.
38Such courses or course hours may count as part of the
39contractor's continuing education requirement and shall be given
40by an instructional facility or teaching entity that has been
41approved by the board. Upon successful completion of the course,
42courses, or course hours, the instructional facility or teaching
43entity that has been approved by the board shall report such
44completion to the department and issue to the taker of the
45course a certificate of completion, which shall be available for
46inspection by any entity or person seeking to have the
47contractor engage in business as a contractor with a focus or
48emphasis on mold or mold remediation that is not incidental to
49the license of the contractor.
50     (b)  Any other person who is employed by a licensed
51contractor to provide work on mold or mold remediation shall, as
52a prerequisite to his or her authorization to provide such
53service, take a course approved by the board.
54     (c)  It is the responsibility of the contractor licensed
55under this part to ensure that members of his or her workforce
56who are engaging in business as a contractor with a focus or
57emphasis on mold or mold remediation that is not incidental to
58the scope of the contractor's license are in compliance with
59this section, and such contractor is subject to discipline under
60s. 489.129 for violation of this section.
61     (d)  Training programs in mold remediation shall be
62reviewed annually by the board to ensure that programs have been
63provided equitably across the state.
64     (e)  Periodically, the board shall review training programs
65in mold remediation for quality in content and instruction. The
66board shall also respond to complaints regarding approved
67programs.
68     (2)(a)  A contractor qualified under paragraph (1)(a) must
69be present on any job site at which a person is engaging in
70business as a contractor with a focus or emphasis on mold or
71mold remediation that is not incidental to the scope of his or
72her license.
73     (b)  It is the responsibility of the licensed contractor to
74ensure compliance with paragraph (a), and such contractor is
75subject to discipline under s. 489.129 for violation of this
76subsection.
77     (3)  No contractor shall hold himself or herself out as
78emphasizing in mold or mold remediation unless the contractor is
79in compliance with this section.
80     (4)  The term "mold" means an organism of the class fungi
81that causes disintegration of organic matter and produces
82spores, and includes any spores, hyphae, and mycotoxins produced
83by mold. The term "mold remediation" means the business as a
84contractor related to mold or mold-contaminated matter.
85     Section 2.  Section 501.933, Florida Statutes, is created
86to read:
87     501.933  Mold assessors; requirements; exemptions;
88prohibited acts and penalties; bond and insurance; limitations
89and enforcement.--
90     (1)  DEFINITIONS.--As used in this section, the term:
91     (a)  "Mold" means an organism of the class fungi that
92causes disintegration of organic matter and produces spores, and
93includes any spores, hyphae, and mycotoxins produced by mold.
94     (b)  "Mold assessment" means:
95     1.  An inspection, investigation, or survey of a dwelling
96or other structure to provide the owner or occupant with
97information regarding the presence, identification, or
98evaluation of mold;
99     2.  The development of a mold-management plan or mold-
100remediation protocol; or
101     3.  The collection or analysis of a mold sample.
102     (c)  "Mold assessor" means any person that performs or
103directly supervises a mold assessment.
104     (2)  REQUIREMENTS FOR PRACTICE.--
105     (a)  A person shall not work as a mold assessor unless he
106or she has evidence of, or works under the direct supervision of
107a person who has evidence of, a certification from either:
108     1.  A nonprofit organization with a focus on indoor air
109quality or industrial hygiene that meets each of the following
110criteria:
111     a.  Requires that a person may not obtain certification
112unless the person has at least a 2-year degree in a scientific
113or building science field and 3 years of documented experience
114from a qualified mold assessor, or requires a 4-year degree in a
115scientific or building science field.
116     b.  Requires the person to pass an examination testing
117knowledge related to mold and mold assessment; or
118     2.  A community college or university that offers mold-
119assessment training or education.
120     (b)  A business entity may not provide or offer to provide
121mold-assessment services unless the business entity satisfies
122all of the requirements of this section.
123     (3)  EXEMPTIONS.--The following persons are not required to
124comply with this section with regard to any mold assessment:
125     (a)  A residential property owner who performs mold
126assessment on his or her own property.
127     (b)  An owner or tenant, or a managing agent or employee of
128an owner or tenant, who performs mold assessment on property
129owned or leased by the owner or tenant. This exemption does not
130apply if the managing agent or employee engages in the business
131of performing mold assessment for the public.
132     (c)  An employee of a licensee who performs mold assessment
133while directly supervised by the mold assessor.
134     (d)  Individuals or business organizations licensed under
135chapter 471, part I of chapter 481, chapter 482, or chapter 489,
136or acting on behalf of an insurer under part VI of chapter 626,
137or individuals in the manufactured housing industry who are
138licensed under chapter 320, that are not specifically engaged in
139mold assessment but that are acting within the scope of their
140respective licenses.
141     (e)  An authorized employee of the United States, this
142state, or any municipality, county, or other political
143subdivision, or public or private school, who meets the
144requirements of subsection (2) and who is conducting mold
145assessment within the scope of that employment, as long as the
146employee does not hold out for hire or otherwise engage in mold
147assessment.
148     (4)  PROHIBITED ACTS; PENALTIES.--
149     (a)  A mold assessor, a company that employs a mold
150assessor, or a company that is controlled by a company that also
151has a financial interest in a company employing a mold assessor
152may not:
153     1.  Perform or offer to perform any mold assessment without
154complying with the requirements of this section.
155     2.  Perform or offer to perform any mold remediation to a
156structure on which the mold assessor or the mold assessor's
157company provided a mold assessment within the last 12 months.
158     3.  Inspect for a fee any property in which the assessor or
159the assessor's company has any financial or transfer interest.
160     4.  Accept any compensation, inducement, or reward from a
161mold remediator or mold remediator's company for the referral of
162any business to the mold remediator or the mold remediator's
163company.
164     5.  Offer any compensation, inducement, or reward to a mold
165remediator or mold remediator's company for the referral of any
166business from the mold remediator or the mold remediator's
167company.
168     6.  Accept an engagement to make an omission of the
169assessment or conduct an assessment in which the assessment
170itself, or the fee payable for the assessment, is contingent
171upon the conclusions of the assessment.
172     (b)  Any person who violates any provision of this
173subsection commits:
174     1.  A misdemeanor of the second degree for a first
175violation, punishable as provided in s. 775.082 or s. 775.083.
176     2.  A misdemeanor of the first degree for a second
177violation, punishable as provided in s. 775.082 or s. 775.083.
178     3.  A felony of the third degree for a third or subsequent
179violation, punishable as provided in s. 775.082, s. 775.083, or
180s. 775.084.
181     (5)  INSURANCE.--A mold assessor must maintain a mold-
182mold-specific insurance policy in an amount of not less than $1
183million.
184     (6)  REPAIR COST ESTIMATES.--Mold assessors are not
185required to provide estimates related to the cost of repair of
186an assessed property.
187     (7)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
188at which an action to enforce an obligation, a duty, or a right
189arising under this section must be commenced.
190     (8)  ENFORCEMENT OF VIOLATIONS.--Subject to the exceptions
191set forth in s. 501.212, a violation of this section may
192constitute a deceptive and unfair trade practice, which may be
193remedied as provided in part II of this chapter.
194     Section 3.  Section 501.934, Florida Statutes, is created
195to read:
196     501.934  Noncontracting mold remediators; requirements;
197exemptions; prohibited acts and penalties; bond and insurance;
198limitations and enforcement.--
199     (1)  DEFINITIONS.--As used in this section, the term:
200     (a)  "Mold" means an organism of the class fungi that
201causes disintegration of organic matter and produces spores, and
202includes any spores, hyphae, and mycotoxins produced by mold.
203     (b)  "Noncontracting mold remediation" means the removal,
204cleaning, sanitizing, demolition, or other treatment, including
205preventive activities, of mold or mold-contaminated matter that
206was not purposely grown at that location; however, such removal,
207cleaning, sanitizing, demolition, or other treatment, including
208preventive activities, may not be work that requires a license
209under chapter 489 unless performed by a person who is licensed
210under that chapter or the work complies with that chapter.
211     (c)  "Noncontracting mold remediator" means any person that
212performs mold remediation. A noncontracting mold remediator may
213not perform any work that requires a license under chapter 489
214unless the noncontracting mold remediator is also licensed under
215that chapter or complies with that chapter.
216     (2)  REQUIREMENTS FOR PRACTICE.--
217     (a)  A person shall not work as a noncontracting mold
218remediator unless he or she has evidence of, or works under the
219direct supervision of a person who has evidence of, a
220certification from either:
221     1.  A nonprofit organization with a focus on mold
222remediation that meets each of the following criteria:
223     a.  Requires that a person has at least a high school
224diploma and at least 2 years' experience in a field related to
225mold remediation;
226     b.  Requires that a person has completed training related
227to mold and mold remediation; and
228     c.  Requires the person to pass an examination testing
229knowledge related to mold and mold remediation; or
230     2.  A community college or university that offers mold
231remediation training or education.
232     (b)  A business entity may not provide or offer to provide
233mold remediation services unless the business entity satisfies
234all of the requirements of this section.
235     (3)  EXEMPTIONS.--The following persons are not required to
236comply with this section with regard to any noncontracting mold
237remediation:
238     (a)  A residential property owner who performs
239noncontracting mold remediation on his or her own property.
240     (b)  An owner or tenant, or a managing agent or employee of
241an owner or tenant, who performs noncontracting mold remediation
242on property owned or leased by the owner or tenant so long as
243such remediation is within the routine maintenance of a building
244structure. This exemption does not apply if the managing agent
245or employee engages in the business of performing noncontracting
246mold remediation for the public.
247     (c)  An employee of a licensee who performs noncontracting
248mold remediation while directly supervised by the noncontracting
249mold remediator.
250     (d)  Individuals or business organizations licensed under
251chapter 471, part I of chapter 481, chapter 482, or chapter 489,
252or acting on behalf of an insurer under part VI of chapter 626,
253or individuals in the manufactured housing industry who are
254licensed under chapter 320, that are not specifically engaged in
255mold remediation but that are acting within the scope of their
256respective licenses.
257     (e)  An authorized employee of the United States, this
258state, or any municipality, county, or other political
259subdivision, or public or private school, who meets the
260requirements of subsection (2) and who is conducting mold
261remediation within the scope of that employment, as long as the
262employee does not hold out for hire or otherwise engage in mold
263remediation.
264     (4)  PROHIBITED ACTS; PENALTIES.--
265     (a)  A noncontracting mold remediator, a company that
266employs a noncontracting mold remediator, or a company that is
267controlled by a company that also has a financial interest in a
268company employing a noncontracting mold remediator may not:
269     1.  Perform or offer to perform any mold remediation
270without complying with the requirements of this section.
271     2.  Perform or offer to perform any mold assessment as
272defined in s. 501.933.
273     3.  Remediate for a fee any property in which the
274noncontracting mold remediator or the noncontracting mold
275remediator's company has any financial or transfer interest.
276     4.  Accept any compensation, inducement, or reward from a
277mold assessor or mold assessor's company for the referral of any
278business from the mold assessor or the mold assessor's company.
279     5.  Offer any compensation, inducement, or reward to a mold
280assessor or mold assessor's company for the referral of any
281business from the mold assessor or the mold assessor's company.
282     (b)  Any person who violates any provision of this
283subsection commits:
284     1.  A misdemeanor of the second degree for a first
285violation, punishable as provided in s. 775.082 or s. 775.083.
286     2.  A misdemeanor of the first degree for a second
287violation, punishable as provided in s. 775.082 or s. 775.083.
288     3.  A felony of the third degree for a third or subsequent
289violation, punishable as provided in s. 775.082, s. 775.083, or
290s. 775.084.
291     (5)  INSURANCE.--A noncontracting mold remediator shall
292maintain a general liability insurance policy with a mold
293insurance pollution rider in an amount of not less than $1
294million.
295     (6)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
296at which an action to enforce an obligation, a duty, or a right
297arising under this section must be commenced.
298     (7)  ENFORCEMENT OF VIOLATIONS.--Subject to the exceptions
299set forth in s. 501.212, a violation of this section may
300constitute a deceptive and unfair trade practice, which may be
301remedied as provided in part II of this chapter.
302     Section 4.  It is the intent of the Legislature pursuant to
303s. 11.62, Florida Statutes, that the professions and occupations
304covered by the act be regulated in a manner that does not
305unnecessarily restrict entry into the profession or occupation
306pursuant to this act. The Legislature finds that this act
307provides a measure of protection for homeowners by providing
308education and experience requirements and testing necessary to
309protect homeowners' investments in their homes.
310     Section 5.  This act shall take effect October 1, 2006.


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