Senate Bill sb2234c2
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    By the Committees on Criminal Justice; Regulated Industries;
    and Senator Wise
    591-2507-07
  1                      A bill to be entitled
  2         An act relating to regulation of building
  3         inspection professionals; creating pt. XV of
  4         ch. 468, F.S., relating to regulation of home
  5         inspectors; providing a purpose; providing
  6         exemptions; providing definitions; authorizing
  7         the Department of Business and Professional
  8         Regulation to establish fees; limiting fee
  9         amounts; providing for a home inspector
10         licensure examination; providing qualifications
11         to take the licensure examination; providing
12         requirements for the department to certify and
13         license home inspectors; providing for
14         licensure by endorsement; requiring continuing
15         education for license renewal; providing
16         criteria for continuing education; providing
17         for inactivation of licenses; requiring the
18         department to establish fees for the
19         reactivation and renewal of inactive licenses;
20         providing for certification of partnerships and
21         corporations offering home inspection services;
22         requiring a certificate of authorization for
23         certain persons and entities practicing home
24         inspection services; providing for prohibitions
25         and penalties; providing grounds for
26         disciplinary proceedings; authorizing the
27         department to impose specified penalties;
28         requiring home inspectors to provide a
29         specified disclosure to consumers; requiring
30         home inspectors to maintain a specified
31         insurance policy; requiring home inspectors to
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 1         provide a written report to homeowners upon
 2         completion of each home inspection; providing
 3         content requirements for home inspection
 4         reports; authorizing certain persons to qualify
 5         for home inspection licensure notwithstanding
 6         the requirements of this part; creating pt. XVI
 7         of ch. 468, F.S., relating to regulation of
 8         mold remediators and mold assessors; providing
 9         a purpose; providing exemptions; providing
10         definitions; authorizing the department to
11         establish fees; limiting fee amounts; providing
12         for a mold assessor and mold remediator
13         licensure examination; providing qualifications
14         to take the licensure examinations; providing
15         requirements for the department to certify and
16         license home inspectors; providing for
17         licensure by endorsement; requiring continuing
18         education for license renewal; providing
19         criteria for continuing education; providing
20         for inactivation of licenses; requiring the
21         department to establish fees for the
22         reactivation and renewal of inactive licenses;
23         providing for certification of partnerships and
24         corporations offering mold assessment or mold
25         remediation services; requiring a certificate
26         of authorization for certain persons and
27         entities practicing home inspection services;
28         providing for prohibitions and penalties;
29         providing grounds for disciplinary proceedings;
30         authorizing the department to impose specified
31         penalties; requiring mold assessors and mold
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 1         remediators to maintain specified insurance
 2         policies; providing requirements for contracts
 3         to perform mold assessment or mold remediation;
 4         authorizing certain persons to qualify for mold
 5         assessment and mold remediation licensure
 6         notwithstanding the requirements of this part;
 7         authorizing additional positions and providing
 8         appropriations; providing an effective date.
 9  
10  Be It Enacted by the Legislature of the State of Florida:
11  
12         Section 1.  Part XV of chapter 468, Florida Statutes,
13  consisting of sections 468.83, 468.831, 468.8311, 468.8312,
14  468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,
15  468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,
16  is created to read:
17         468.83  Purpose.--The Legislature recognizes that there
18  is a need to require the licensing of home inspectors and to
19  ensure that consumers of home inspection services can rely on
20  the competence of home inspectors, as determined by
21  educational and experience requirements and testing.
22  Therefore, the Legislature deems it necessary in the interest
23  of the public welfare to regulate home inspectors in this
24  state.
25         468.831  Exemptions.--The following persons are not
26  required to comply with any provision of this part:
27         (1)  An authorized government employee of the United
28  states, this state, or any municipality, county, or other
29  political subdivision who is conducting home inspection
30  services within the scope of that employment, as long as the
31  
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 1  employee does not hold out for hire to the general public or
 2  otherwise engage in home inspection services.
 3         (2)  A person acting within his or her authorized scope
 4  of practice as licensed under federal, state, or local codes
 5  or statutes, except when such person holds himself or herself
 6  out for hire to the public as a "certified home inspector,"
 7  "registered home inspector," "licensed home inspector," "home
 8  inspector," "professional home inspector," or any combination
 9  thereof stating or implying licensure under this part.
10         (3)  An officer appointed by the court.
11         (4)  A person performing safety inspections of utility
12  equipment in or on a home or building or other duties
13  conducted by or for a utility under chapter 366 or rules
14  adopted by the Public Service Commission.
15         (5)  A certified energy auditor performing an energy
16  audit of any home or building or other duties conducted by or
17  for a utility under chapter 366 or rules adopted by the Public
18  Service Commission.
19         468.8311  Definitions.--As used in this part, the term:
20         (1)  "Department" means the Department of Business and
21  Professional Regulation.
22         (2)  "Home" means any residential real property, or
23  manufactured or modular home, which is a single-family
24  dwelling, duplex, triplex, quadruplex, condominium unit, or
25  cooperative unit. The term does not include the common areas
26  of condominiums or cooperatives.
27         (3)  "Home inspector" means any person who provides or
28  offers to provide home inspection services for a fee or other
29  compensation.
30         (4)  "Home inspection services" means a limited visual
31  examination of one or more of the following readily accessible
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 1  installed systems and components of a home: the structure,
 2  electrical system, HVAC system, roof covering, plumbing
 3  system, interior components, exterior components, and site
 4  conditions that affect the structure, for the purposes of
 5  providing a written professional opinion of the condition of
 6  the home.
 7         468.8312  Fees.--
 8         (1)  The department, by rule, may establish fees to be
 9  paid for applications, examination, reexamination, licensing
10  and renewal, inactive status application and reactivation of
11  inactive licenses, recordkeeping, and applications for
12  providers of continuing education. The department may also
13  establish by rule a delinquency fee. Fees shall be based on
14  department estimates of the revenue required to implement the
15  provisions of this part. All fees shall be remitted with the
16  appropriate application, examination, or license.
17         (2)  The initial application and examination fee shall
18  not exceed $125 plus the actual per applicant cost to the
19  department to purchase an examination, if the department
20  chooses to purchase the examination. The examination fee shall
21  be in an amount that covers the cost of obtaining and
22  administering the examination and shall be refunded if the
23  applicant is found ineligible to sit for the examination. The
24  application fee shall be nonrefundable.
25         (3)  The initial license fee shall not exceed $200.
26         (4)  The fee for a certificate of authorization shall
27  not exceed $125.
28         (5)  The biennial renewal fee shall not exceed $200.
29         (6)  The fee for licensure by endorsement shall not
30  exceed $200.
31  
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 1         (7)  The fee for application for inactive status or for
 2  reactivation of an inactive license shall not exceed $200.
 3         (8)  The fee for applications from providers of
 4  continuing education may not exceed $500.
 5         468.8313  Examinations.--
 6         (1)  A person desiring to be licensed as a home
 7  inspector shall apply to the department to take a licensure
 8  examination.
 9         (2)  An applicant shall be entitled to take the
10  licensure examination for the purpose of determining whether
11  he or she is qualified to practice in this state as a home
12  inspector if the applicant is of good moral character and has
13  satisfied the following requirements:
14         (a)  Has received a high school diploma or its
15  equivalent.
16         (b)  Has completed a course of study of no less than
17  120 hours that covers all of the following components of a
18  home: structure, electrical system, HVAC system, roof
19  covering, plumbing system, interior components, exterior
20  components, and site conditions that affect the structure.
21         (3)  The department shall review and approve courses of
22  study in home inspection.
23         (4)  The department may review and approve examinations
24  by a nationally recognized entity that offers programs or sets
25  standards that ensure competence as a home inspector.
26         (5)(a)  "Good moral character" means a personal history
27  of honesty, fairness, and respect for the rights of others and
28  for the laws of this state and nation.
29         (b)  The department may refuse to certify an applicant
30  for failure to satisfy this requirement only if:
31  
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 1         1.  There is a substantial connection between the lack
 2  of good moral character of the applicant and the professional
 3  responsibilities of a licensed home inspector; and
 4         2.  The finding by the department of lack of good moral
 5  character is supported by clear and convincing evidence.
 6         (c)  When an applicant is found to be unqualified for a
 7  license because of lack of good moral character, the
 8  department shall furnish the applicant a statement containing
 9  the findings of the department, a complete record of the
10  evidence upon which the determination was based, and a notice
11  of the rights of the applicant to a rehearing and appeal.
12         (6)  The department may adopt rules pursuant to ss.
13  120.536(1) and 120.54 to implement the provisions of this
14  section.
15         468.8314  Licensure.--
16         (1)  The department shall license any applicant who the
17  department certifies is qualified to practice home inspection
18  services.
19         (2)  The department shall certify for licensure any
20  applicant who satisfies the requirements of s. 468.8313 and
21  who has passed the licensing examination. The department may
22  refuse to certify any applicant who has violated any of the
23  provisions of s. 468.832.
24         (3)  The department shall certify as qualified for a
25  license by endorsement an applicant who is of good moral
26  character as determined in s. 468.8313; holds a valid license
27  to practice home inspection services in another state or
28  territory of the United States, whose educational requirements
29  are substantially equivalent to those required by this part;
30  and has passed a national, regional, state, or territorial
31  
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 1  licensing examination that is substantially equivalent to the
 2  examination required by this part.
 3         (4)  The department shall not issue a license by
 4  endorsement to any applicant who is under investigation in
 5  another state for any act that would constitute a violation of
 6  this part or chapter 455 until such time as the investigation
 7  is complete and disciplinary proceedings have been terminated.
 8         468.8315  Renewal of license.--
 9         (1)  The department shall renew a license upon receipt
10  of the renewal application and upon certification by the
11  department that the licensee has satisfactorily completed the
12  continuing education requirements of s. 468.8316.
13         (2)  The department shall adopt rules establishing a
14  procedure for the biennial renewal of licenses.
15         468.8316  Continuing education.--
16         (1)  The department may not renew a license until the
17  licensee submits proof satisfactory to the department that
18  during the 2 years prior to his or her application for renewal
19  the licensee has completed at least 14 hours of continuing
20  education. Criteria and course content shall be approved by
21  the department by rule.
22         (2)  The department may prescribe by rule additional
23  continuing professional education hours, not to exceed 25
24  percent of the total hours required, for failure to complete
25  the hours required for renewal by the end of the
26  reestablishment period.
27         468.8317  Inactive license.--
28         (1)  A licensee may request that his or her license be
29  placed in an inactive status by making application to the
30  department.
31  
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 1         (2)  A license that has become inactive may be
 2  reactivated upon application to the department. The department
 3  may prescribe by rule continuing education requirements as a
 4  condition of reactivating a license. The continuing education
 5  requirements for reactivating a license may not exceed 14
 6  hours for each year the license was inactive.
 7         (3)  The department shall adopt rules relating to
 8  licenses which have become inactive and for the renewal of
 9  inactive licenses. The department shall prescribe by rule a
10  fee not to exceed $200 for the reactivation of an inactive
11  license and a fee not to exceed $200 for the renewal of an
12  inactive license.
13         468.8318  Certification of corporations and
14  partnerships.--
15         (1)  The department shall issue a certificate of
16  authorization to a corporation or partnership offering home
17  inspection services to the public if the corporation or
18  partnership satisfies all of the requirements of this part.
19         (2)  The practice of or the offer to practice home
20  inspection services by licensees through a corporation or
21  partnership offering home inspection services to the public,
22  or by a corporation or partnership offering such services to
23  the public through licensees under this part as agents,
24  employees, officers, or partners, is permitted subject to the
25  provisions of this part, provided that all personnel of the
26  corporation or partnership who act in its behalf as home
27  inspectors in this state are licensed as provided by this
28  part; and further provided that the corporation or partnership
29  has been issued a certificate of authorization by the
30  department as provided in this section. Nothing in this
31  section shall be construed to allow a corporation to hold a
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 1  license to practice home inspection services. No corporation
 2  or partnership shall be relieved of responsibility for the
 3  conduct or acts of its agents, employees, or officers by
 4  reason of its compliance with this section, nor shall any
 5  individual practicing home inspection services be relieved of
 6  responsibility for professional services performed by reason
 7  of his or her employment or relationship with a corporation or
 8  partnership.
 9         (3)  For the purposes of this section, a certificate of
10  authorization shall be required for a corporation,
11  partnership, association, or person practicing under a
12  fictitious name and offering home inspection services to the
13  public; however, when an individual is practicing home
14  inspection services in his or her own given name, he or she
15  shall not be required to register under this section.
16         (4)  Each certificate of authorization shall be renewed
17  every 2 years. Each partnership and corporation certified
18  under this section shall notify the department within 1 month
19  of any change in the information contained in the application
20  upon which the certification is based.
21         (5)  Disciplinary action against a corporation or
22  partnership shall be administered in the same manner and on
23  the same grounds as disciplinary action against a licensed
24  home inspector.
25         468.8319  Prohibitions; penalties.--
26         (1)  A home inspector, a company that employs a home
27  inspector, or a company that is controlled by a company that
28  also has a financial interest in a company employing a home
29  inspector may not:
30  
31  
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 1         (a)  Practice or offer to practice home inspection
 2  services unless the person has complied with the provisions of
 3  this part;
 4         (b)  Use the name or title "certified home inspector,"
 5  "registered home inspector," "licensed home inspector," "home
 6  inspector," "professional home inspector," or any combination
 7  thereof unless the person has complied with the provisions of
 8  this part;
 9         (c)  Present as his or her own the license of another;
10         (d)  Knowingly give false or forged evidence to the
11  department or an employee thereof;
12         (e)  Use or attempt to use a license that has been
13  suspended or revoked;
14         (f)  Perform or offer to perform, prior to closing, for
15  any additional fee, any repairs to a home on which the
16  inspector or the inspector's company has prepared a home
17  inspection report. This paragraph does not apply to a home
18  warranty company that is affiliated with or retains a home
19  inspector to perform repairs pursuant to a claim made under a
20  home warranty contract;
21         (g)  Inspect for a fee any property in which the
22  inspector or the inspector's company has any financial or
23  transfer interest;
24         (h)  Offer or deliver any compensation, inducement, or
25  reward to any broker or agent therefor for the referral of the
26  owner of the inspected property to the inspector or the
27  inspection company; or
28         (i)  Accept an engagement to make an omission or
29  prepare a report in which the inspection itself, or the fee
30  payable for the inspection, is contingent upon either the
31  
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 1  conclusions in the report, preestablished findings, or the
 2  close of escrow.
 3         (2)  Any person who is found to be in violation of any
 4  provision of this section commits a misdemeanor of the first
 5  degree, punishable as provided in s. 775.082 or s. 775.083.
 6         468.832  Disciplinary proceedings.--
 7         (1)  The following acts constitute grounds for which
 8  the disciplinary actions in subsection (2) may be taken:
 9         (a)  Violation of any provision of this part or s.
10  455.227(1);
11         (b)  Attempting to procure a license to practice home
12  inspection services by bribery or fraudulent
13  misrepresentation;
14         (c)  Having a license to practice home inspection
15  services revoked, suspended, or otherwise acted against,
16  including the denial of licensure, by the licensing authority
17  of another state, territory, or country;
18         (d)  Being convicted or found guilty of, or entering a
19  plea of nolo contendere to, regardless of adjudication, a
20  crime in any jurisdiction that directly relates to the
21  practice of home inspection services or the ability to
22  practice home inspection services;
23         (e)  Making or filing a report or record that the
24  licensee knows to be false, willfully failing to file a report
25  or record required by state or federal law, willfully impeding
26  or obstructing such filing, or inducing another person to
27  impede or obstruct such filing. Such reports or records shall
28  include only those that are signed in the capacity of a
29  licensed home inspector;
30  
31  
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 1         (f)  Advertising goods or services in a manner that is
 2  fraudulent, false, deceptive, or misleading in form or
 3  content;
 4         (g)  Engaging in fraud or deceit, or of negligence,
 5  incompetency, or misconduct, in the practice of home
 6  inspection services;
 7         (h)  Failing to perform any statutory or legal
 8  obligation placed upon a licensed home inspector; violating
 9  any provision of this chapter, a rule of the department, or a
10  lawful order of the department previously entered in a
11  disciplinary hearing; or failing to comply with a lawfully
12  issued subpoena of the department; or
13         (i)  Practicing on a revoked, suspended, inactive, or
14  delinquent license.
15         (2)  When the department finds any home inspector
16  guilty of any of the grounds set forth in subsection (1), it
17  may enter an order imposing one or more of the following
18  penalties:
19         (a)  Denial of an application for licensure.
20         (b)  Revocation or suspension of a license.
21         (c)  Imposition of an administrative fine not to exceed
22  $5,000 for each count or separate offense.
23         (d)  Issuance of a reprimand.
24         (e)  Placement of the home inspector on probation for a
25  period of time and subject to such conditions as the
26  department may specify.
27         (f)  Restriction of the authorized scope of practice by
28  the home inspector.
29         (3)  In addition to any other sanction imposed under
30  this part, in any final order that imposes sanctions, the
31  
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 1  department may assess costs related to the investigation and
 2  prosecution of the case.
 3         468.8321  Disclosures.--Prior to contracting for or
 4  commencing a home inspection, a home inspector shall provide
 5  to the consumer a copy of his or her license to practice home
 6  inspection services in this state and a written disclosure
 7  that contains the scope and any exclusions of the home
 8  inspection.
 9         468.8322  Insurance.--A home inspector shall maintain a
10  commercial general liability insurance policy in an amount of
11  not less than $300,000.
12         468.8323  Home inspection report.--Upon completion of
13  each home inspection for compensation, the home inspector
14  shall provide a written report prepared for the client.
15         (1)  The home inspector shall report:
16         (a)  On those systems and components inspected that, in
17  the professional opinion of the inspector, are significantly
18  deficient or are near the end of their service lives.
19         (b)  If self-evident, a reason why the system or
20  component reported under paragraph (a) is significantly
21  deficient or near the end of its service life.
22         (c)  Any systems and components that were present at
23  the time of the inspection but were not inspected, and a
24  reason they were not inspected.
25         (2)  A home inspector is not required to provide
26  estimates related to the cost of repair of an inspected
27  property.
28         468.8324  Grandfather clause.--Until January 1, 2009,
29  notwithstanding any other provision of this part, a person may
30  qualify to be licensed by the department as a home inspector
31  if he or she:
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 1         (1)  Has received a high school diploma or its
 2  equivalent;
 3         (2)  Has been engaged in the practice of home
 4  inspection for compensation for at least 3 years prior to the
 5  effective date of this part;
 6         (3)  Is of good moral character as defined in s.
 7  468.8313; and
 8         (4)  Has not committed any acts which would be grounds
 9  for disciplinary actions had the person been licensed under
10  this part.
11         Section 2.  Part XVI of chapter 468, Florida Statutes,
12  consisting of sections 468.84, 468.841, 468.8411, 468.8412,
13  468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,
14  468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is
15  created to read:
16         468.84  Legislative purpose.--The Legislature finds it
17  necessary in the interest of the public safety and welfare, to
18  prevent damage to the real and personal property, to avert
19  economic injury to the residents of this state, and to
20  regulate persons and companies that hold themselves out to the
21  public as qualified to perform mold-related services.
22         468.841  Exemptions.--
23         (1)  The following persons are not required to comply
24  with any provisions of this part relating to mold assessment:
25         (a)  A residential property owner who performs mold
26  assessment on his or her own property.
27         (b)  A person who performs mold assessment on property
28  owned or leased by the person, the person's employer, or an
29  entity affiliated with the person's employer through common
30  ownership, or on property operated or managed by the person's
31  employer or an entity affiliated with the person's employer
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 1  through common ownership. This exemption does not apply if the
 2  person, employer, or affiliated entity engages in the business
 3  of performing mold assessment for the public.
 4         (c)  An employee of a mold assessor while directly
 5  supervised by the mold assessor.
 6         (d)  Persons or business organizations acting within
 7  the scope of the respective licenses required under chapter
 8  471, part I of chapter 481, chapter 482, or chapter 489, are
 9  acting on behalf of an insurer under part VI of chapter 626,
10  or are persons in the manufactured housing industry who are
11  licensed under chapter 320, except when any such persons or
12  business organizations hold themselves out for hire to the
13  public as a "certified mold remediator," "registered mold
14  remediator," "licensed mold remediator," "mold remediator,"
15  "professional mold remediator," or any combination thereof
16  stating or implying licensure under this part.
17         (e)  An authorized employee of the United States, this
18  state, or any municipality, county, or other political
19  subdivision, or public or private school and who is conducting
20  mold assessment within the scope of that employment, as long
21  as the employee does not hold out for hire to the general
22  public or otherwise engage in mold assessment.
23         (2)  The following persons are not required to comply
24  with any provisions of this part relating to mold remediation:
25         (a)  A residential property owner who performs mold
26  remediation on his or her own property.
27         (b)  A person who performs mold remediation on property
28  owned or leased by the person, the person's employer, or an
29  entity affiliated with the person's employer through common
30  ownership, or on property operated or managed by the person's
31  employer or an entity affiliated with the person's employer
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 1  through common ownership. This exemption does not apply if the
 2  person, employer, or affiliated entity engages in the business
 3  of performing mold remediation for the public.
 4         (c)  An employee of a mold remediator while directly
 5  supervised by the mold remediator.
 6         (d)  Persons or business organizations that are acting
 7  within the scope of the respective licenses required under
 8  chapter 471, part I of chapter 481, chapter 482, or chapter
 9  489, are acting on behalf of an insurer under part VI of
10  chapter 626, or are persons in the manufactured housing
11  industry who are licensed under chapter 320, except when any
12  such persons or business organizations hold themselves out for
13  hire to the public as a "certified mold assessor," "registered
14  mold assessor," "licensed mold assessor," "mold assessor,"
15  "professional mold assessor," or any combination thereof
16  stating or implying licensure under this part.
17         (e)  An authorized employee of the United States, this
18  state, or any municipality, county, or other political
19  subdivision, or public or private school and who is conducting
20  mold remediation within the scope of that employment, as long
21  as the employee does not hold out for hire to the general
22  public or otherwise engage in mold remediation.
23         468.8411  Definitions.--As used in this part, the term:
24         (1)  "Department" means the Department of Business and
25  Professional Regulation.
26         (2)  "Mold" means an organism of the class fungi that
27  causes disintegration of organic matter and produces spores,
28  and includes any spores, hyphae, and mycotoxins produced by
29  mold.
30         (3)  "Mold assessment" means a process performed by a
31  mold assessor that includes the physical sampling and detailed
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 1  evaluation of data obtained from a building history and
 2  inspection to formulate an initial hypothesis about the
 3  origin, identity, location, and extent of amplification of
 4  mold growth of greater than ten square feet.
 5         (4)  "Mold assessor" means any person who performs or
 6  directly supervises a mold assessment.
 7         (5)  "Mold remediation" means the removal, cleaning,
 8  sanitizing, demolition, or other treatment, including
 9  preventive activities, of mold or mold-contaminated matter of
10  greater than ten square feet that was not purposely grown at
11  that location; however, such removal, cleaning, sanitizing,
12  demolition, or other treatment, including preventive
13  activities, may not be work that requires a license under
14  chapter 489 unless performed by a person who is licensed under
15  that chapter or the work complies with that chapter.
16         (6)  "Mold remediator" means any person who performs
17  mold remediation. A mold remediator may not perform any work
18  that requires a license under chapter 489 unless the mold
19  remediator is also licensed under that chapter or complies
20  with that chapter.
21         468.8412  Fees.--
22         (1)  The department, by rule, may establish fees to be
23  paid for application, examination, reexamination, licensing
24  and renewal, inactive status application and reactivation of
25  inactive licenses, and application for providers of continuing
26  education. The department may also establish by rule a
27  delinquency fee. Fees shall be based on department estimates
28  of the revenue required to implement the provisions of this
29  part. All fees shall be remitted with the application,
30  examination, reexamination, licensing and renewal, inactive
31  
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 1  status application and reactivation of inactive licenses, and
 2  application for providers of continuing education.
 3         (2)  The application fee shall not exceed $125 and is
 4  nonrefundable. The examination fee shall not exceed $125 plus
 5  the actual per applicant cost to the department to purchase
 6  the examination, if the department chooses to purchase the
 7  examination. The examination fee shall be in an amount that
 8  covers the cost of obtaining and administering the examination
 9  and shall be refunded if the applicant is found ineligible to
10  sit for the examination.
11         (3)  The fee for an initial license shall not exceed
12  $200.
13         (4)  The fee for an initial certificate of
14  authorization shall not exceed $200.
15         (5)  The fee for a biennial license renewal shall not
16  exceed $400.
17         (6)  The fee for a biennial certificate of
18  authorization renewal shall not exceed $400.
19         (7)  The fee for licensure by endorsement shall not
20  exceed $200.
21         (8)  The fee for application for inactive status shall
22  not exceed $100.
23         (9)  The fee for reactivation of an inactive license
24  shall not exceed $200.
25         (10)  The fee for applications from providers of
26  continuing education may not exceed $500.
27         468.8413  Examinations.--
28         (1)  A person desiring to be licensed as a mold
29  assessor or mold remediator shall apply to the department to
30  take a licensure examination.
31  
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 1         (2)  An applicant shall be entitled to take the
 2  licensure examination to practice in this state as a mold
 3  assessor or mold remediator if the applicant is of good moral
 4  character and has satisfied one of the following requirements:
 5         (a)1.  For a mold remediator, at least a 2-year degree
 6  in microbiology, engineering, architecture, industrial
 7  hygiene, occupational safety, or a related field of science
 8  from an accredited institution and a minimum of 1 year of
 9  documented field experience in a field related to mold
10  remediation; or
11         2.  A high school diploma or the equivalent with a
12  minimum of 4 years of documented field experience in a field
13  related to mold remediation.
14         (b)1.  For a mold assessor, at least a 2-year degree in
15  microbiology, engineering, architecture, industrial hygiene,
16  occupational safety, or a related field of science from an
17  accredited institution and a minimum of 1 year of documented
18  field experience in conducting microbial sampling or
19  investigations; or
20         2.  A high school diploma or the equivalent with a
21  minimum of 4 years of documented field experience in
22  conducting microbial sampling or investigations.
23         (3)  The department shall review and approve courses of
24  study in mold assessment and mold remediation.
25         (4)(a)  Good moral character means a personal history
26  of honesty, fairness, and respect for the rights of others and
27  for the laws of this state and nation.
28         (b)  The department may refuse to certify an applicant
29  for failure to satisfy this requirement only if:
30         1.  There is a substantial connection between the lack
31  of good moral character of the applicant and the professional
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 1  responsibilities of a licensed mold assessor or mold
 2  remediator; and
 3         2.  The finding by the department of lack of good moral
 4  character is supported by clear and convincing evidence.
 5         (c)  When an applicant is found to be unqualified for a
 6  license because of a lack of good moral character, the
 7  department shall furnish the applicant a statement containing
 8  the findings of the department, a complete record of the
 9  evidence upon which the determination was based, and a notice
10  of the rights of the applicant to a rehearing and appeal.
11         (5)  The department may adopt rules pursuant to ss.
12  120.536(1) and 120.54 to implement the provisions of this
13  section.
14         468.8414  Licensure.--
15         (1)  The department shall license any applicant who the
16  department certifies is qualified to practice mold assessment
17  or mold remediation.
18         (2)  The department shall certify for licensure any
19  applicant who satisfies the requirements of s. 468.8413, who
20  has passed the licensing examination, and who has documented
21  training in water, mold, and respiratory protection. The
22  department may refuse to certify any applicant who has
23  violated any of the provisions of this part.
24         (3)  The department shall certify as qualified for a
25  license by endorsement an applicant who is of good moral
26  character and:
27         (a)  Is qualified to take the examination as set forth
28  in s. 468.8413 and has passed a certification examination
29  offered by a nationally recognized organization that certifies
30  persons in the specialty of mold assessment or mold
31  remediation that has been approved by the department as
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 1  substantially equivalent to the requirements of this part and
 2  s. 455.217; or
 3         (b)  Holds a valid license to practice mold assessment
 4  or mold remediation issued by another state or territory of
 5  the United States if the criteria for issuance of the license
 6  were substantially the same as the licensure criteria that is
 7  established by this part as determined by the department.
 8         (4)  The department shall not issue a license by
 9  endorsement to any applicant who is under investigation in
10  another state for any act that would constitute a violation of
11  this part or chapter 455 until such time as the investigation
12  is complete and disciplinary proceedings have been terminated.
13         468.8415  Renewal of license.--
14         (1)  The department shall renew a license upon receipt
15  of the renewal application and fee and upon certification by
16  the department that the licensee has satisfactorily completed
17  the continuing education requirements of s. 468.8416.
18         (2)  The department shall adopt rules establishing a
19  procedure for the biennial renewal of licenses.
20         468.8416  Continuing education.--
21         (1)  The department may not renew a license until the
22  licensee submits proof satisfactory to it that during the 2
23  years prior to his or her application for renewal the licensee
24  has completed at least 14 hours of continuing education.
25  Criteria and course content shall be approved by the
26  department by rule.
27         (2)  The department may prescribe by rule additional
28  continuing professional education hours, not to exceed 25
29  percent of the total hours required, for failure to complete
30  the hours required for renewal by the end of the renewal
31  period.
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 1         468.8417  Inactive license.--
 2         (1)  A licensee may request that his or her license be
 3  placed in an inactive status by making application to the
 4  department.
 5         (2)  A license that has become inactive may be
 6  reactivated upon application to the department. The department
 7  may prescribe by rule continuing education requirements as a
 8  condition of reactivating a license. The continuing education
 9  requirements for reactivating a license may not exceed 14
10  hours for each year the license was inactive.
11         (3)  The department shall adopt rules relating to
12  licenses that have become inactive and for the renewal of
13  inactive licenses. The department shall prescribe by rule a
14  fee not to exceed $200 for the reactivation of an inactive
15  license and a fee not to exceed $200 for the renewal of an
16  inactive license.
17         468.8418  Certification of partnerships and
18  corporations.--
19         (1)  The department shall issue a certificate of
20  authorization to a corporation or partnership offering mold
21  assessment or mold remediation services to the public if the
22  corporation or partnership satisfies all of the requirements
23  of this part.
24         (2)  The practice of or the offer to practice mold
25  assessment or mold remediation by licensees through a
26  corporation or partnership offering mold assessment or mold
27  remediation to the public, or by a corporation or partnership
28  offering such services to the public through licensees under
29  this part as agents, employees, officers, or partners, is
30  permitted subject to the provisions of this part, provided
31  that the corporation or partnership has been issued a
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 1  certificate of authorization by the department as provided in
 2  this section. Nothing in this section shall be construed to
 3  allow a corporation to hold a license to practice mold
 4  assessment or mold remediation. No corporation or partnership
 5  shall be relieved of responsibility for the conduct or acts of
 6  its agents, employees, or officers by reason of its compliance
 7  with this section, nor shall any individual practicing mold
 8  assessment or mold remediation be relieved of responsibility
 9  for professional services performed by reason of his or her
10  employment or relationship with a corporation or partnership.
11         (3)  For the purposes of this section, a certificate of
12  authorization shall be required for a corporation,
13  partnership, association, or person practicing under a
14  fictitious name, offering mold assessment or mold remediation;
15  however, when an individual is practicing mold assessment or
16  mold remediation under his or her own given name, he or she
17  shall not be required to register under this section.
18         (4)  Each certificate of authorization shall be renewed
19  every 2 years. Each partnership and corporation certified
20  under this section shall notify the department within 1 month
21  of any change in the information contained in the application
22  upon which the certification is based.
23         (5)  Disciplinary action against a corporation or
24  partnership shall be administered in the same manner and on
25  the same grounds as disciplinary action against a licensed
26  mold assessor or mold remediator.
27         468.8419  Prohibitions; penalties.--
28         (1)  A mold assessor, a company that employs a mold
29  assessor, or a company that is controlled by a company that
30  also has a financial interest in a company employing a mold
31  assessor may not:
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 1         (a)  Perform or offer to perform any mold assessment
 2  unless the mold assessor has documented training in water,
 3  mold, and respiratory protection under s. 468.8414(2).
 4         (b)  Perform or offer to perform any mold assessment
 5  unless the person has complied with the provisions of this
 6  part.
 7         (c)  Use the name or title "certified mold assessor,"
 8  "registered mold assessor," "licensed mold assessor," "mold
 9  assessor," "professional mold assessor," or any combination
10  thereof unless the person has complied with the provisions
11  this part.
12         (d)  Perform or offer to perform any mold remediation
13  to a structure on which the mold assessor or the mold
14  assessor's company provided a mold assessment within the last
15  12 months.
16         (e)  Inspect for a fee any property in which the
17  assessor or the assessor's company has any financial or
18  transfer interest.
19         (f)  Accept any compensation, inducement, or reward
20  from a mold remediator or mold remediator's company for the
21  referral of any business to the mold remediator or the mold
22  remediator's company.
23         (g)  Offer any compensation, inducement, or reward to a
24  mold remediator or mold remediator's company for the referral
25  of any business from the mold remediator or the mold
26  remediator's company.
27         (h)  Accept an engagement to make an omission of the
28  assessment or conduct an assessment in which the assessment
29  itself, or the fee payable for the assessment, is contingent
30  upon the conclusions of the assessment.
31  
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 1         (2)  A mold remediator, a company that employs a mold
 2  remediator, or a company that is controlled by a company that
 3  also has a financial interest in a company employing a mold
 4  remediator may not:
 5         (a)  Perform or offer to perform any mold remediation
 6  unless the remediator has documented training in water, mold,
 7  and respiratory protection under s. 468.8414(2).
 8         (b)  Perform or offer to perform any mold remediation
 9  unless the person has complied with the provisions of this
10  part.
11         (c)  Use the name or title "certified mold remediator,"
12  "registered mold remediator," "licensed mold remediator,"
13  "mold remediator," "professional mold remediator," or any
14  combination thereof unless the person has complied with the
15  provisions of this part.
16         (d)  Perform or offer to perform any mold assessment to
17  a structure on which the mold remediator or the mold
18  remediator's company provided a mold remediation within the
19  last 12 months.
20         (e)  Remediate for a fee any property in which the mold
21  remediator or the mold remediator's company has any financial
22  or transfer interest.
23         (f)  Accept any compensation, inducement, or reward
24  from a mold assessor or mold assessor's company for the
25  referral of any business from the mold assessor or the mold
26  assessor's company.
27         (g)  Offer any compensation, inducement, or reward to a
28  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  
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 1         (3)  Any person who violates any provision of this
 2  section commits:
 3         (a)  A misdemeanor of the second degree for a first
 4  violation, punishable as provided in s. 775.082 or s. 775.083.
 5         (b)  A misdemeanor of the first degree for a second
 6  violation, punishable as provided in s. 775.082 or s. 775.083.
 7         (c)  A felony of the third degree for a third or
 8  subsequent violation, punishable as provided in s. 775.082, s.
 9  775.083, or s. 775.084.
10         468.842  Disciplinary proceedings.--
11         (1)  The following acts constitute grounds for which
12  the disciplinary actions in subsection (2) may be taken:
13         (a)  Violation of any provision of this part or s.
14  455.227(1);
15         (b)  Attempting to procure a license to practice mold
16  assessment or mold remediation by bribery or fraudulent
17  misrepresentations;
18         (c)  Having a license to practice mold assessment or
19  mold remediation revoked, suspended, or otherwise acted
20  against, including the denial of licensure, by the licensing
21  authority of another state, territory, or country;
22         (d)  Being convicted or found guilty of, or entering a
23  plea of nolo contendere to, regardless of adjudication, a
24  crime in any jurisdiction that directly relates to the
25  practice of mold assessment or mold remediation or the ability
26  to practice mold assessment or mold remediation;
27         (e)  Making or filing a report or record that the
28  licensee knows to be false, willfully failing to file a report
29  or record required by state or federal law, willfully impeding
30  or obstructing such filing, or inducing another person to
31  impede or obstruct such filing. Such reports or records shall
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 1  include only those that are signed in the capacity of a
 2  registered mold assessor or mold remediator;
 3         (f)  Advertising goods or services in a manner that is
 4  fraudulent, false, deceptive, or misleading in form or
 5  content;
 6         (g)  Engaging in fraud or deceit, or of negligence,
 7  incompetency, or misconduct, in the practice of mold
 8  assessment or mold remediation;
 9         (h)  Failing to perform any statutory or legal
10  obligation placed upon a licensed mold assessor or mold
11  remediator; violating any provision of this chapter, a rule of
12  the department, or a lawful order of the department previously
13  entered in a disciplinary hearing; or failing to comply with a
14  lawfully issued subpoena of the department; or
15         (i)  Practicing on a revoked, suspended, inactive, or
16  delinquent license.
17         (2)  When the department finds any mold assessor or
18  mold remediator guilty of any of the grounds set forth in
19  subsection (1), it may enter an order imposing one or more of
20  the following penalties:
21         (a)  Denial of an application for licensure.
22         (b)  Revocation or suspension of a license.
23         (c)  Imposition of an administrative fine not to exceed
24  $5,000 for each count or separate offense.
25         (d)  Issuance of a reprimand.
26         (e)  Placement of the mold assessor or mold remediator
27  on probation for a period of time and subject to such
28  conditions as the department may specify.
29         (f)  Restriction of the authorized scope of practice by
30  the mold assessor or mold remediator.
31  
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 1         (3)  In addition to any other sanction imposed under
 2  this part, in any final order that imposes sanctions, the
 3  department may assess costs related to the investigation and
 4  prosecution of the case.
 5         468.8421  Insurance.--
 6         (1)  A mold assessor shall maintain general liability
 7  and errors and omissions insurance coverage in an amount of
 8  not less than $1,000,000.
 9         (2)  A mold remediator shall maintain general liability
10  insurance policy in an amount of not less than $1,000,000 that
11  includes specific coverage for mold related claims.
12         468.8422  Contracts.--A contract to perform mold
13  assessment or mold remediation shall be in a document or
14  electronic record, signed or otherwise authenticated by the
15  parties. A mold assessment contract is not required to provide
16  estimates related to the cost of repair of an assessed
17  property. A mold assessment contract is not required to
18  provide estimates.
19         468.8423  Grandfather clause.--A person who performs
20  mold assessment or mold remediation as defined in this part
21  may qualify to be licensed by the department as a mold
22  assessor or mold remediator if the person meets the licensure
23  requirements of this part by July 1, 2008.
24         Section 3.  For the 2007-2008 fiscal year, two
25  full-time equivalent positions and 65,044 in associated salary
26  rate are authorized, and the sums of $100,371 in recurring
27  funds and $8,959 in nonrecurring funds from the Professional
28  Regulation Trust Fund of the Department of Business and
29  Professional Regulation are appropriated for the purpose of
30  carrying out professional board activities related to this
31  act. In addition, for the 2007-2008 fiscal year, one full-time
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 1  equivalent position and 25,479 in associated salary rate are
 2  authorized, and the sums of $57,105 in recurring funds and
 3  $29,726 in nonrecurring funds from the Administrative Trust
 4  Fund of the Department of Business and Professional Regulation
 5  are appropriated for the purpose of carrying out the central
 6  administrative functions provided in this act.
 7         Section 4.  This act shall take effect October 1, 2007.
 8  
 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                            CS/SB 2234
11                                 
12  Provides $196,161 from the General Revenue Fund and authorizes
    three full-time equivalent positions to carry out professional
13  board activities and administrative functions provided for in
    the bill.
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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