| 1 | A bill to be entitled | 
| 2 | An act relating to building assessment and remediation; | 
| 3 | creating pt. XV of ch. 468, F.S., relating to regulation | 
| 4 | of mold assessment and mold remediation; providing | 
| 5 | legislative intent; providing definitions; providing | 
| 6 | requirements for practice of mold assessment or mold | 
| 7 | remediation; providing exemptions; providing for | 
| 8 | prohibited acts and penalties; providing insurance | 
| 9 | requirements; providing for contracts to perform mold | 
| 10 | assessment or mold remediation; providing a statute of | 
| 11 | limitations; providing a grandfather clause; providing an | 
| 12 | effective date. | 
| 13 | 
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| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
 | 
| 16 | Section 1.  Part XV of chapter 468, Florida Statutes, | 
| 17 | consisting of sections 468.83, 468.831, 468.832, 468.833, | 
| 18 | 468.834, 468.835, 468.836, 468.837, and 468.838, is created to | 
| 19 | read: | 
| 20 | 468.83  Legislative intent.--It is the intent of the | 
| 21 | Legislature pursuant to s. 11.62 that professions and | 
| 22 | occupations covered by this part be regulated in a manner that | 
| 23 | does not unnecessarily restrict entry into such professions or | 
| 24 | occupations. The Legislature finds that this part provides a | 
| 25 | measure of protection for homeowners by providing education, | 
| 26 | experience, and testing requirements for persons in such | 
| 27 | professions or occupations necessary to protect homeowners' | 
| 28 | investments in their homes. | 
| 29 | 468.831  Definitions.--As used in this part, the term: | 
| 30 | (1)  "Mold" means an organism of the class fungi that | 
| 31 | causes disintegration of organic matter and produces spores, and | 
| 32 | includes any spores, hyphae, and mycotoxins produced by mold. | 
| 33 | (2)  "Mold assessment" means: | 
| 34 | (a)  An investigation or survey of a dwelling or other | 
| 35 | structure to provide the owner or occupant with information | 
| 36 | regarding the presence, identification, or evaluation of mold; | 
| 37 | (b)  The development of a mold-management plan or mold- | 
| 38 | remediation protocol; or | 
| 39 | (c)  The collection or analysis of a mold sample. | 
| 40 | (3)  "Mold assessor" means any person who performs or | 
| 41 | directly supervises a mold assessment. | 
| 42 | (4)  "Mold remediation" means the removal, cleaning, | 
| 43 | sanitizing, demolition, or other treatment, including preventive | 
| 44 | activities, of mold or mold-contaminated matter that was not | 
| 45 | purposely grown at that location; however, such removal, | 
| 46 | cleaning, sanitizing, demolition, or other treatment, including | 
| 47 | preventive activities, may not be work that requires a license | 
| 48 | under chapter 489 unless performed by a person who is licensed | 
| 49 | under that chapter or the work complies with that chapter. | 
| 50 | (5)  "Mold remediator" means any person who performs mold | 
| 51 | remediation. A mold remediator may not perform any work that | 
| 52 | requires a license under chapter 489 unless the mold remediator | 
| 53 | is also licensed under that chapter or complies with that | 
| 54 | chapter. | 
| 55 | 468.832  Requirements for practice.-- | 
| 56 | (1)  A person shall not work as a mold assessor or mold | 
| 57 | remediator unless he or she has evidence of, or works under the | 
| 58 | direct supervision of a person who has evidence of, the | 
| 59 | following: | 
| 60 | (a)1.  For a mold remediator, at least a 2-year degree in | 
| 61 | microbiology, engineering, architecture, industrial hygiene, | 
| 62 | occupational safety, or a related field of science from an | 
| 63 | accredited institution, along with a minimum of 1 year of | 
| 64 | documented field experience in a field related to mold | 
| 65 | remediation, or a high school diploma, a GED, or the equivalent | 
| 66 | with a minimum of 2 years of documented field experience in a | 
| 67 | field related to mold remediation. | 
| 68 | 2.  For a mold assessor, at least a 2-year degree in | 
| 69 | microbiology, engineering, architecture, industrial hygiene, | 
| 70 | occupational safety, or a related field of science from an | 
| 71 | accredited institution, along with a minimum of 1 year of | 
| 72 | documented field experience in conducting microbial sampling or | 
| 73 | investigations, or a high school diploma, a GED, or the | 
| 74 | equivalent with a minimum of 2 years of documented field | 
| 75 | experience in conducting microbial sampling or investigations. | 
| 76 | (b)  A certification related to performing mold assessment | 
| 77 | or mold remediation, respectively. Such certification may be | 
| 78 | issued by a not-for-profit industry association, society, or | 
| 79 | certification body or by a college or university that offers | 
| 80 | mold assessment or mold remediation training or education, | 
| 81 | respectively. Qualified certification programs shall be | 
| 82 | accredited by a nationally recognized independent accrediting | 
| 83 | entity that sets programs and standards that comply with | 
| 84 | American Society for Testing and Materials Standard E1929-98, | 
| 85 | Standard Practice for Assessment of Certification Programs for | 
| 86 | Environmental Professionals: Accreditation Criteria, or the | 
| 87 | equivalent. | 
| 88 | (2)  A business entity may not provide or offer to provide | 
| 89 | mold assessment or mold remediation services unless the business | 
| 90 | entity satisfies all of the requirements of this part. | 
| 91 | 468.833  Exemptions.-- | 
| 92 | (1)  The following persons are not required to comply with | 
| 93 | this part with regard to any mold assessment: | 
| 94 | (a)  A residential property owner who performs mold | 
| 95 | assessment on his or her own property. | 
| 96 | (b)  A person who performs mold assessment on property | 
| 97 | owned or leased by the person, the person's employer, or an | 
| 98 | entity affiliated with the person's employer through common | 
| 99 | ownership, or on property operated or managed by the person's | 
| 100 | employer or an entity affiliated with the person's employer | 
| 101 | through common ownership. This exemption does not apply if the | 
| 102 | person, employer, or affiliated entity engages in the business | 
| 103 | of performing mold assessment for the public. | 
| 104 | (c)  An employee of a mold assessor while directly | 
| 105 | supervised by the mold assessor. | 
| 106 | (d)  Individuals or business organizations that are not | 
| 107 | specifically engaged in mold assessment but are acting within | 
| 108 | the scope of the respective licenses required under chapter 471, | 
| 109 | part I of chapter 481, chapter 482, or chapter 489, are acting | 
| 110 | on behalf of an insurer under part VI of chapter 626, or are | 
| 111 | individuals in the manufactured housing industry who are | 
| 112 | licensed under chapter 320. | 
| 113 | (e)  An authorized employee of the United States, this | 
| 114 | state, or any municipality, county, or other political | 
| 115 | subdivision, or public or private school, who meets the | 
| 116 | requirements of s. 468.832 and who is conducting mold assessment | 
| 117 | within the scope of that employment, as long as the employee | 
| 118 | does not hold out for hire or otherwise engage in mold | 
| 119 | assessment. | 
| 120 | (2)  The following persons are not required to comply with | 
| 121 | this part with regard to any mold remediation: | 
| 122 | (a)  A residential property owner who performs mold | 
| 123 | remediation on his or her own property. | 
| 124 | (b)  A person who performs mold remediation on property | 
| 125 | owned or leased by the person, the person's employer, or an | 
| 126 | entity affiliated with the person's employer through common | 
| 127 | ownership, or on property operated or managed by the person's | 
| 128 | employer or an entity affiliated with the person's employer | 
| 129 | through common ownership. This exemption does not apply if the | 
| 130 | person, employer, or affiliated entity engages in the business | 
| 131 | of performing mold remediation for the public. | 
| 132 | (c)  An employee of a mold remediator while directly | 
| 133 | supervised by the mold remediator. | 
| 134 | (d)  Individuals or business organizations that are not | 
| 135 | specifically engaged in mold remediation but that are acting | 
| 136 | within the scope of the respective licenses required under | 
| 137 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, | 
| 138 | are acting on behalf of an insurer under part VI of chapter 626, | 
| 139 | or are individuals in the manufactured housing industry who are | 
| 140 | licensed under chapter 320. | 
| 141 | (e)  An authorized employee of the United States, this | 
| 142 | state, or any municipality, county, or other political | 
| 143 | subdivision, or public or private school, who meets the | 
| 144 | requirements of s. 468.832 and who is conducting mold | 
| 145 | remediation within the scope of that employment, as long as the | 
| 146 | employee does not hold out for hire or otherwise engage in mold | 
| 147 | remediation. | 
| 148 | 468.834  Prohibited acts; penalties.-- | 
| 149 | (1)  A mold assessor, a company that employs a mold | 
| 150 | assessor, or a company that is controlled by a company that also | 
| 151 | has a financial interest in a company employing a mold assessor | 
| 152 | may not: | 
| 153 | (a)  Perform or offer to perform any mold assessment | 
| 154 | without complying with the requirements of this part. | 
| 155 | (b)  Perform or offer to perform any mold remediation to a | 
| 156 | structure on which the mold assessor or the mold assessor's | 
| 157 | company provided a mold assessment within the last 12 months. | 
| 158 | (c)  Inspect for a fee any property in which the assessor | 
| 159 | or the assessor's company has any financial or transfer | 
| 160 | interest. | 
| 161 | (d)  Accept any compensation, inducement, or reward from a | 
| 162 | mold remediator or mold remediator's company for the referral of | 
| 163 | any business to the mold remediator or the mold remediator's | 
| 164 | company. | 
| 165 | (e)  Offer any compensation, inducement, or reward to a | 
| 166 | mold remediator or mold remediator's company for the referral of | 
| 167 | any business from the mold remediator or the mold remediator's | 
| 168 | company. | 
| 169 | (f)  Accept an engagement to make an omission of the | 
| 170 | assessment or conduct an assessment in which the assessment | 
| 171 | itself, or the fee payable for the assessment, is contingent | 
| 172 | upon the conclusions of the assessment. | 
| 173 | (2)  A mold remediator, a company that employs a mold | 
| 174 | remediator, or a company that is controlled by a company that | 
| 175 | also has a financial interest in a company employing a mold | 
| 176 | remediator may not: | 
| 177 | (a)  Perform or offer to perform any mold remediation | 
| 178 | without complying with the requirements of this part. | 
| 179 | (b)  Perform or offer to perform any mold assessment as | 
| 180 | defined in s. 468.831. | 
| 181 | (c)  Remediate for a fee any property in which the mold | 
| 182 | remediator or the mold remediator's company has any financial or | 
| 183 | transfer interest. | 
| 184 | (d)  Accept any compensation, inducement, or reward from a | 
| 185 | mold assessor or mold assessor's company for the referral of any | 
| 186 | business from the mold assessor or the mold assessor's company. | 
| 187 | (e)  Offer any compensation, inducement, or reward to a | 
| 188 | mold assessor or mold assessor's company for the referral of any | 
| 189 | business from the mold assessor or the mold assessor's company. | 
| 190 | (3)  Any person who violates any provision of this section | 
| 191 | commits: | 
| 192 | (a)  A misdemeanor of the second degree for a first | 
| 193 | violation, punishable as provided in s. 775.082 or s. 775.083. | 
| 194 | (b)  A misdemeanor of the first degree for a second | 
| 195 | violation, punishable as provided in s. 775.082 or s. 775.083. | 
| 196 | (c)  A felony of the third degree for a third or subsequent | 
| 197 | violation, punishable as provided in s. 775.082, s. 775.083, or | 
| 198 | s. 775.084. | 
| 199 | 468.835  Insurance.-- | 
| 200 | (1)  Effective January 1, 2007, a mold assessor must | 
| 201 | maintain general liability and errors and omissions insurance | 
| 202 | coverage in an amount of not less than $250,000. | 
| 203 | (2)  Effective January 1, 2007, a mold remediator must | 
| 204 | maintain general liability insurance policy in an amount of not | 
| 205 | less than $500,000 that includes specific coverage for mold | 
| 206 | related claims. | 
| 207 | 468.836  Contracts.--A contract to perform mold assessment | 
| 208 | or mold remediation must be in a document or electronic record, | 
| 209 | signed or otherwise authenticated by the parties. A mold | 
| 210 | assessment contract is not required to provide estimates related | 
| 211 | to the cost of repair of an assessed property. A mold assessment | 
| 212 | contract is not required to provide estimates. | 
| 213 | 468.837  Statute of limitations.--Chapter 95 governs the | 
| 214 | time at which an action to enforce an obligation, a duty, or a | 
| 215 | right arising under this part must be commenced. | 
| 216 | 468.838  Grandfather clause.--The provisions of this part | 
| 217 | shall become effective upon becoming law and shall allow for a | 
| 218 | period of 2 years after enactment in which persons currently | 
| 219 | performing mold assessment or mold remediation as described | 
| 220 | under this part have to complete the requirements of this part. | 
| 221 | Section 2.  This act shall take effect July 1, 2006. |