CS/CS/HB 1399

1
A bill to be entitled
2An act relating to regulation of building inspection
3professionals; creating pt. XV of ch. 468, F.S., relating
4to regulation of home inspectors; providing a purpose;
5providing exemptions; providing definitions; authorizing
6the Department of Business and Professional Regulation to
7establish fees; limiting fee amounts; providing for a home
8inspector licensure examination; providing qualifications
9to take the licensure examination; providing requirements
10for the department to certify and license home inspectors;
11providing for licensure by endorsement; requiring
12continuing education for license renewal; providing
13criteria for continuing education; providing for
14inactivation of licenses; requiring the department to
15establish fees for the reactivation and renewal of
16inactive licenses; providing for certification of
17partnerships and corporations offering home inspection
18services; requiring a certificate of authorization for
19certain persons and entities practicing home inspection
20services; providing for prohibitions and penalties;
21providing grounds for disciplinary proceedings;
22authorizing the department to impose specified penalties;
23requiring home inspectors to provide a specified
24disclosure to consumers; requiring home inspectors to
25maintain a specified insurance policy; requiring home
26inspectors to provide a written report to homeowners upon
27completion of each home inspection; providing content
28requirements for home inspection reports; authorizing
29certain persons to qualify for home inspection licensure
30notwithstanding the requirements of this part; creating
31pt. XVI of ch. 468, F.S., relating to regulation of mold
32remediators and mold assessors; providing a purpose;
33providing exemptions; providing definitions; authorizing
34the department to establish fees; limiting fee amounts;
35providing for a mold assessor and mold remediator
36licensure examination; providing qualifications to take
37the licensure examinations; providing requirements for the
38department to certify and license home inspectors;
39providing for licensure by endorsement; requiring
40continuing education for license renewal; providing
41criteria for continuing education; providing for
42inactivation of licenses; requiring the department to
43establish fees for the reactivation and renewal of
44inactive licenses; providing for certification of
45partnerships and corporations offering mold assessment or
46mold remediation services; requiring a certificate of
47authorization for certain persons and entities practicing
48home inspection services; providing for prohibitions and
49penalties; providing grounds for disciplinary proceedings;
50authorizing the department to impose specified penalties;
51requiring mold assessors and mold remediators to maintain
52specified insurance policies; providing requirements for
53contracts to perform mold assessment or mold remediation;
54authorizing certain persons to qualify for mold assessment
55and mold remediation licensure notwithstanding the
56requirements of this part; providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Part XV of chapter 468, Florida Statutes,
61consisting of sections 468.83, 468.831, 468.8311, 468.8312,
62468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,
63468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,
64is created to read:
65     468.83  Purpose.--The Legislature recognizes that there is
66a need to require the licensing of home inspectors and to ensure
67that consumers of home inspection services can rely on the
68competence of home inspectors, as determined by educational and
69experience requirements and testing. Therefore, the Legislature
70deems it necessary in the interest of the public welfare to
71regulate home inspectors in this state.
72     468.831  Exemptions.--A person is not required to comply
73with this part when acting within his or her authorized scope of
74practice, except when such person holds himself or herself out
75for hire to the public as a "certified home inspector,"
76"registered home inspector," "licensed home inspector," "home
77inspector," "professional home inspector," or any combination
78thereof stating or implying licensure under this part if he or
79she is one or more of the following:
80     (1)  A contractor licensed under chapter 489.
81     (2)  An architect licensed under chapter 481.
82     (3)  An engineer licensed under chapter 471.
83     (4)  A building code administrator, plans examiner, or
84building code inspector licensed under part XII of chapter 468.
85     (5)  A certified real estate appraiser, licensed real
86estate appraiser, or registered real estate appraiser licensed
87under part II of chapter 475.
88     (6)  A home inspector whose report is being provided to,
89and is solely for the benefit of, the Federal Housing
90Administration or the Veterans Administration.
91     (7)  A home inspector conducting inspections for wood-
92destroying organisms on behalf of a licensee under chapter 482.
93     (8)  A home inspector conducting inspections for quality
94control and on behalf of a general contractor licensed under
95chapter 489.
96     (9)  A firesafety inspector certified under s. 633.081.
97     (10)  An insurance adjuster licensed under part VI of
98chapter 626.
99     (11)  An officer appointed by the court.
100     (12)  A person performing safety inspections of utility
101equipment in or on a home or building or other duties conducted
102by or for a utility under chapter 366 or rules adopted by the
103Public Service Commission.
104     (13)  A certified energy auditor performing an energy audit
105of any home or building or other duties conducted by or for a
106utility under chapter 366 or rules adopted by the Public Service
107Commission.
108     468.8311  Definitions.--As used in this part, the term:
109     (1)  "Department" means the Department of Business and
110Professional Regulation.
111     (2)  "Home" means any residential real property, or
112manufactured or modular home, which is a single-family dwelling,
113duplex, triplex, quadruplex, condominium unit, or cooperative
114unit. The term does not include the common areas of condominiums
115or cooperatives.
116     (3)  "Home inspector" means any person who provides or
117offers to provide home inspection services for a fee or other
118compensation.
119     (4)  "Home inspection services" means a limited visual
120examination of one or more of the following readily accessible
121installed systems and components of a home: the structure,
122electrical system, HVAC system, roof covering, plumbing system,
123interior components, exterior components, and site conditions
124that affect the structure, for the purposes of providing a
125written professional opinion of the condition of the home.
126     468.8312  Fees.--
127     (1)  The department, by rule, may establish fees to be paid
128for applications, examination, reexamination, licensing and
129renewal, inactive status application and reactivation of
130inactive licenses, recordkeeping, and applications for providers
131of continuing education. The department may also establish by
132rule a delinquency fee. Fees shall be based on department
133estimates of the revenue required to implement the provisions of
134this part. All fees shall be remitted with the appropriate
135application, examination, or license.
136     (2)  The initial application and examination fee shall not
137exceed $125 plus the actual per applicant cost to the department
138to purchase an examination, if the department chooses to
139purchase the examination. The examination fee shall be in an
140amount that covers the cost of obtaining and administering the
141examination and shall be refunded if the applicant is found
142ineligible to sit for the examination. The application fee shall
143be nonrefundable.
144     (3)  The initial license fee shall not exceed $200.
145     (4)  The fee for a certificate of authorization shall not
146exceed $125.
147     (5)  The biennial renewal fee shall not exceed $200.
148     (6)  The fee for licensure by endorsement shall not exceed
149$200.
150     (7)  The fee for application for inactive status or for
151reactivation of an inactive license shall not exceed $200.
152     (8)  The fee for applications from providers of continuing
153education may not exceed $500.
154     468.8313  Examinations.--
155     (1)  A person desiring to be licensed as a home inspector
156shall apply to the department to take a licensure examination.
157     (2)  An applicant shall be entitled to take the licensure
158examination for the purpose of determining whether he or she is
159qualified to practice in this state as a home inspector if the
160applicant is of good moral character and has satisfied the
161following requirements:
162     (a)  Has received a high school diploma or its equivalent.
163     (b)  Has completed a course of study of no less than 120
164hours that covers all of the following components of a home:
165structure, electrical system, HVAC system, roof covering,
166plumbing system, interior components, exterior components, and
167site conditions that affect the structure.
168     (3)  The department shall review and approve courses of
169study in home inspection.
170     (4)  The department may review and approve examinations by
171a nationally recognized entity that offers programs or sets
172standards that ensure competence as a home inspector.
173     (5)(a)  "Good moral character" means a personal history of
174honesty, fairness, and respect for the rights of others and for
175the laws of this state and nation.
176     (b)  The department may refuse to certify an applicant for
177failure to satisfy this requirement only if:
178     1.  There is a substantial connection between the lack of
179good moral character of the applicant and the professional
180responsibilities of a licensed home inspector; and
181     2.  The finding by the department of lack of good moral
182character is supported by clear and convincing evidence.
183     (c)  When an applicant is found to be unqualified for a
184license because of lack of good moral character, the department
185shall furnish the applicant a statement containing the findings
186of the department, a complete record of the evidence upon which
187the determination was based, and a notice of the rights of the
188applicant to a rehearing and appeal.
189     (6)  The department may adopt rules pursuant to ss.
190120.536(1) and 120.54 to implement the provisions of this
191section.
192     468.8314  Licensure.--
193     (1)  The department shall license any applicant who the
194department certifies is qualified to practice home inspection
195services.
196     (2)  The department shall certify for licensure any
197applicant who satisfies the requirements of s. 468.8313 and who
198has passed the licensing examination. The department may refuse
199to certify any applicant who has violated any of the provisions
200of s. 468.832.
201     (3)  The department shall certify as qualified for a
202license by endorsement an applicant who is of good moral
203character as determined in s. 468.8313; holds a valid license to
204practice home inspection services in another state or territory
205of the United States, whose educational requirements are
206substantially equivalent to those required by this part; and has
207passed a national, regional, state, or territorial licensing
208examination that is substantially equivalent to the examination
209required by this part.
210     (4)  The department shall not issue a license by
211endorsement to any applicant who is under investigation in
212another state for any act that would constitute a violation of
213this part or chapter 455 until such time as the investigation is
214complete and disciplinary proceedings have been terminated.
215     468.8315  Renewal of license.--
216     (1)  The department shall renew a license upon receipt of
217the renewal application and upon certification by the department
218that the licensee has satisfactorily completed the continuing
219education requirements of s. 468.8316.
220     (2)  The department shall adopt rules establishing a
221procedure for the biennial renewal of licenses.
222     468.8316  Continuing education.--
223     (1)  The department may not renew a license until the
224licensee submits proof satisfactory to the department that
225during the 2 years prior to his or her application for renewal
226the licensee has completed at least 14 hours of continuing
227education. Criteria and course content shall be approved by the
228department by rule.
229     (2)  The department may prescribe by rule additional
230continuing professional education hours, not to exceed 25
231percent of the total hours required, for failure to complete the
232hours required for renewal by the end of the reestablishment
233period.
234     468.8317  Inactive license.--
235     (1)  A licensee may request that his or her license be
236placed in an inactive status by making application to the
237department.
238     (2)  A license that has become inactive may be reactivated
239upon application to the department. The department may prescribe
240by rule continuing education requirements as a condition of
241reactivating a license. The continuing education requirements
242for reactivating a license may not exceed 14 hours for each year
243the license was inactive.
244     (3)  The department shall adopt rules relating to licenses
245which have become inactive and for the renewal of inactive
246licenses. The department shall prescribe by rule a fee not to
247exceed $200 for the reactivation of an inactive license and a
248fee not to exceed $200 for the renewal of an inactive license.
249     468.8318  Certification of corporations and partnerships.--
250     (1)  The department shall issue a certificate of
251authorization to a corporation or partnership offering home
252inspection services to the public if the corporation or
253partnership satisfies all of the requirements of this part.
254     (2)  The practice of or the offer to practice home
255inspection services by licensees through a corporation or
256partnership offering home inspection services to the public, or
257by a corporation or partnership offering such services to the
258public through licensees under this part as agents, employees,
259officers, or partners, is permitted subject to the provisions of
260this part, provided that all personnel of the corporation or
261partnership who act in its behalf as home inspectors in this
262state are licensed as provided by this part; and further
263provided that the corporation or partnership has been issued a
264certificate of authorization by the department as provided in
265this section. Nothing in this section shall be construed to
266allow a corporation to hold a license to practice home
267inspection services. No corporation or partnership shall be
268relieved of responsibility for the conduct or acts of its
269agents, employees, or officers by reason of its compliance with
270this section, nor shall any individual practicing home
271inspection services be relieved of responsibility for
272professional services performed by reason of his or her
273employment or relationship with a corporation or partnership.
274     (3)  For the purposes of this section, a certificate of
275authorization shall be required for a corporation, partnership,
276association, or person practicing under a fictitious name and
277offering home inspection services to the public; however, when
278an individual is practicing home inspection services in his or
279her own given name, he or she shall not be required to register
280under this section.
281     (4)  Each certificate of authorization shall be renewed
282every 2 years. Each partnership and corporation certified under
283this section shall notify the department within 1 month of any
284change in the information contained in the application upon
285which the certification is based.
286     (5)  Disciplinary action against a corporation or
287partnership shall be administered in the same manner and on the
288same grounds as disciplinary action against a licensed home
289inspector.
290     468.8319  Prohibitions; penalties.--
291     (1)  A home inspector, a company that employs a home
292inspector, or a company that is controlled by a company that
293also has a financial interest in a company employing a home
294inspector may not:
295     (a)  Practice or offer to practice home inspection services
296unless the person has complied with the provisions of this part;
297     (b)  Use the name or title "certified home inspector,"
298"registered home inspector," "licensed home inspector," "home
299inspector," "professional home inspector," or any combination
300thereof unless the person has complied with the provisions of
301this part;
302     (c)  Present as his or her own the license of another;
303     (d)  Knowingly give false or forged evidence to the
304department or an employee thereof;
305     (e)  Use or attempt to use a license that has been
306suspended or revoked;
307     (f)  Perform or offer to perform, prior to closing, for any
308additional fee, any repairs to a home on which the inspector or
309the inspector's company has prepared a home inspection report.
310This paragraph does not apply to a home warranty company that is
311affiliated with or retains a home inspector to perform repairs
312pursuant to a claim made under a home warranty contract;
313     (g)  Inspect for a fee any property in which the inspector
314or the inspector's company has any financial or transfer
315interest;
316     (h)  Offer or deliver any compensation, inducement, or
317reward to any broker or agent therefor for the referral of the
318owner of the inspected property to the inspector or the
319inspection company; or
320     (i)  Accept an engagement to make an omission or prepare a
321report in which the inspection itself, or the fee payable for
322the inspection, is contingent upon either the conclusions in the
323report, preestablished findings, or the close of escrow.
324     (2)  Any person who is found to be in violation of any
325provision of this section commits a misdemeanor of the first
326degree, punishable as provided in s. 775.082 or s. 775.083.
327     468.832  Disciplinary proceedings.--
328     (1)  The following acts constitute grounds for which the
329disciplinary actions in subsection (2) may be taken:
330     (a)  Violation of any provision of this part or s.
331455.227(1);
332     (b)  Attempting to procure a license to practice home
333inspection services by bribery or fraudulent misrepresentation;
334     (c)  Having a license to practice home inspection services
335revoked, suspended, or otherwise acted against, including the
336denial of licensure, by the licensing authority of another
337state, territory, or country;
338     (d)  Being convicted or found guilty of, or entering a plea
339of nolo contendere to, regardless of adjudication, a crime in
340any jurisdiction that directly relates to the practice of home
341inspection services or the ability to practice home inspection
342services;
343     (e)  Making or filing a report or record that the licensee
344knows to be false, willfully failing to file a report or record
345required by state or federal law, willfully impeding or
346obstructing such filing, or inducing another person to impede or
347obstruct such filing. Such reports or records shall include only
348those that are signed in the capacity of a licensed home
349inspector;
350     (f)  Advertising goods or services in a manner that is
351fraudulent, false, deceptive, or misleading in form or content;
352     (g)  Engaging in fraud or deceit, or of negligence,
353incompetency, or misconduct, in the practice of home inspection
354services;
355     (h)  Failing to perform any statutory or legal obligation
356placed upon a licensed home inspector; violating any provision
357of this chapter, a rule of the department, or a lawful order of
358the department previously entered in a disciplinary hearing; or
359failing to comply with a lawfully issued subpoena of the
360department; or
361     (i)  Practicing on a revoked, suspended, inactive, or
362delinquent license.
363     (2)  When the department finds any home inspector guilty of
364any of the grounds set forth in subsection (1), it may enter an
365order imposing one or more of the following penalties:
366     (a)  Denial of an application for licensure.
367     (b)  Revocation or suspension of a license.
368     (c)  Imposition of an administrative fine not to exceed
369$5,000 for each count or separate offense.
370     (d)  Issuance of a reprimand.
371     (e)  Placement of the home inspector on probation for a
372period of time and subject to such conditions as the department
373may specify.
374     (f)  Restriction of the authorized scope of practice by the
375home inspector.
376     (3)  In addition to any other sanction imposed under this
377part, in any final order that imposes sanctions, the department
378may assess costs related to the investigation and prosecution of
379the case.
380     468.8321  Disclosures.--Prior to contracting for or
381commencing a home inspection, a home inspector shall provide to
382the consumer a copy of his or her license to practice home
383inspection services in this state and a written disclosure that
384contains the scope and any exclusions of the home inspection.
385     468.8322  Insurance.--A home inspector shall maintain a
386commercial general liability insurance policy in an amount of
387not less than $300,000.
388     468.8323  Home inspection report.--Upon completion of each
389home inspection for compensation, the home inspector shall
390provide a written report prepared for the client.
391     (1)  The home inspector shall report:
392     (a)  On those systems and components inspected that, in the
393professional opinion of the inspector, are significantly
394deficient or are near the end of their service lives.
395     (b)  If self-evident, a reason why the system or component
396reported under paragraph (a) is significantly deficient or near
397the end of its service life.
398     (c)  Any systems and components that were present at the
399time of the inspection but were not inspected, and a reason they
400were not inspected.
401     (2)  A home inspector is not required to provide estimates
402related to the cost of repair of an inspected property.
403     468.8324  Grandfather clause.--A person who performs home
404inspection services as defined in this part may qualify to be
405licensed by the department as a home inspector if the person
406meets the licensure requirements of this part by July 1, 2010.
407     Section 2.  Part XVI of chapter 468, Florida Statutes,
408consisting of sections 468.84, 468.841, 468.8411, 468.8412,
409468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,
410468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is created
411to read:
412     468.84  Legislative purpose.--The Legislature finds it
413necessary in the interest of the public safety and welfare, to
414prevent damage to the real and personal property, to avert
415economic injury to the residents of this state, and to regulate
416persons and companies that hold themselves out to the public as
417qualified to perform mold-related services.
418     468.841  Exemptions.--
419     (1)  The following persons are not required to comply with
420any provisions of this part relating to mold assessment:
421     (a)  A residential property owner who performs mold
422assessment on his or her own property.
423     (b)  A person who performs mold assessment on property
424owned or leased by the person, the person's employer, or an
425entity affiliated with the person's employer through common
426ownership, or on property operated or managed by the person's
427employer or an entity affiliated with the person's employer
428through common ownership. This exemption does not apply if the
429person, employer, or affiliated entity engages in the business
430of performing mold assessment for the public.
431     (c)  An employee of a mold assessor while directly
432supervised by the mold assessor.
433     (d)  Persons or business organizations acting within the
434scope of the respective licenses required under chapter 471,
435part I of chapter 481, chapter 482, or chapter 489, are acting
436on behalf of an insurer under part VI of chapter 626, or are
437persons in the manufactured housing industry who are licensed
438under chapter 320, except when any such persons or business
439organizations hold themselves out for hire to the public as a
440"certified mold assessor," "registered mold assessor," "licensed
441mold assessor," "mold assessor," "professional mold assessor,"
442or any combination thereof stating or implying licensure under
443this part.
444     (e)  An authorized employee of the United States, this
445state, or any municipality, county, or other political
446subdivision, or public or private school and who is conducting
447mold assessment within the scope of that employment, as long as
448the employee does not hold out for hire to the general public or
449otherwise engage in mold assessment.
450     (2)  The following persons are not required to comply with
451any provisions of this part relating to mold remediation:
452     (a)  A residential property owner who performs mold
453remediation on his or her own property.
454     (b)  A person who performs mold remediation on property
455owned or leased by the person, the person's employer, or an
456entity affiliated with the person's employer through common
457ownership, or on property operated or managed by the person's
458employer or an entity affiliated with the person's employer
459through common ownership. This exemption does not apply if the
460person, employer, or affiliated entity engages in the business
461of performing mold remediation for the public.
462     (c)  An employee of a mold remediator while directly
463supervised by the mold remediator.
464     (d)  Persons or business organizations that are acting
465within the scope of the respective licenses required under
466chapter 471, part I of chapter 481, chapter 482, or chapter 489,
467are acting on behalf of an insurer under part VI of chapter 626,
468or are persons in the manufactured housing industry who are
469licensed under chapter 320, except when any such persons or
470business organizations hold themselves out for hire to the
471public as a "certified mold remediator," "registered mold
472remediator," "licensed mold remediator," "mold remediator,"
473"professional mold remediator," or any combination thereof
474stating or implying licensure under this part.
475     (e)  An authorized employee of the United States, this
476state, or any municipality, county, or other political
477subdivision, or public or private school and who is conducting
478mold remediation within the scope of that employment, as long as
479the employee does not hold out for hire to the general public or
480otherwise engage in mold remediation.
481     468.8411  Definitions.--As used in this part, the term:
482     (1)  "Department" means the Department of Business and
483Professional Regulation.
484     (2)  "Mold" means an organism of the class fungi that
485causes disintegration of organic matter and produces spores, and
486includes any spores, hyphae, and mycotoxins produced by mold.
487     (3)  "Mold assessment" means a process performed by a mold
488assessor that includes the physical sampling and detailed
489evaluation of data obtained from a building history and
490inspection to formulate an initial hypothesis about the origin,
491identity, location, and extent of amplification of mold growth
492of greater than 10 square feet.
493     (4)  "Mold assessor" means any person who performs or
494directly supervises a mold assessment.
495     (5)  "Mold remediation" means the removal, cleaning,
496sanitizing, demolition, or other treatment, including preventive
497activities, of mold or mold-contaminated matter of greater than
49810 square feet that was not purposely grown at that location;
499however, such removal, cleaning, sanitizing, demolition, or
500other treatment, including preventive activities, may not be
501work that requires a license under chapter 489 unless performed
502by a person who is licensed under that chapter or the work
503complies with that chapter.
504     (6)  "Mold remediator" means any person who performs mold
505remediation. A mold remediator may not perform any work that
506requires a license under chapter 489 unless the mold remediator
507is also licensed under that chapter or complies with that
508chapter.
509     468.8412  Fees.--
510     (1)  The department, by rule, may establish fees to be paid
511for application, examination, reexamination, licensing and
512renewal, inactive status application and reactivation of
513inactive licenses, and application for providers of continuing
514education. The department may also establish by rule a
515delinquency fee. Fees shall be based on department estimates of
516the revenue required to implement the provisions of this part.
517All fees shall be remitted with the application, examination,
518reexamination, licensing and renewal, inactive status
519application and reactivation of inactive licenses, and
520application for providers of continuing education.
521     (2)  The application fee shall not exceed $125 and is
522nonrefundable. The examination fee shall not exceed $125 plus
523the actual per applicant cost to the department to purchase the
524examination, if the department chooses to purchase the
525examination. The examination fee shall be in an amount that
526covers the cost of obtaining and administering the examination
527and shall be refunded if the applicant is found ineligible to
528sit for the examination.
529     (3)  The fee for an initial license shall not exceed $200.
530     (4)  The fee for an initial certificate of authorization
531shall not exceed $200.
532     (5)  The fee for a biennial license renewal shall not
533exceed $400.
534     (6)  The fee for a biennial certificate of authorization
535renewal shall not exceed $400.
536     (7)  The fee for licensure by endorsement shall not exceed
537$200.
538     (8)  The fee for application for inactive status shall not
539exceed $100.
540     (9)  The fee for reactivation of an inactive license shall
541not exceed $200.
542     (10)  The fee for applications from providers of continuing
543education may not exceed $500.
544     468.8413  Examinations.--
545     (1)  A person desiring to be licensed as a mold assessor or
546mold remediator shall apply to the department to take a
547licensure examination.
548     (2)  An applicant shall be entitled to take the licensure
549examination to practice in this state as a mold assessor or mold
550remediator if the applicant is of good moral character and has
551satisfied one of the following requirements:
552     (a)1.  For a mold remediator, at least a 2-year degree in
553microbiology, engineering, architecture, industrial hygiene,
554occupational safety, or a related field of science from an
555accredited institution and a minimum of 1 year of documented
556field experience in a field related to mold remediation; or
557     2.  A high school diploma or the equivalent with a minimum
558of 4 years of documented field experience in a field related to
559mold remediation.
560     (b)1.  For a mold assessor, at least a 2-year degree in
561microbiology, engineering, architecture, industrial hygiene,
562occupational safety, or a related field of science from an
563accredited institution and a minimum of 1 year of documented
564field experience in conducting microbial sampling or
565investigations; or
566     2.  A high school diploma or the equivalent with a minimum
567of 4 years of documented field experience in conducting
568microbial sampling or investigations.
569     (3)  The department shall review and approve courses of
570study in mold assessment and mold remediation.
571     (4)(a)  Good moral character means a personal history of
572honesty, fairness, and respect for the rights of others and for
573the laws of this state and nation.
574     (b)  The department may refuse to certify an applicant for
575failure to satisfy this requirement only if:
576     1.  There is a substantial connection between the lack of
577good moral character of the applicant and the professional
578responsibilities of a licensed mold assessor or mold remediator;
579and
580     2.  The finding by the department of lack of good moral
581character is supported by clear and convincing evidence.
582     (c)  When an applicant is found to be unqualified for a
583license because of a lack of good moral character, the
584department shall furnish the applicant a statement containing
585the findings of the department, a complete record of the
586evidence upon which the determination was based, and a notice of
587the rights of the applicant to a rehearing and appeal.
588     (5)  The department may adopt rules pursuant to ss.
589120.536(1) and 120.54 to implement the provisions of this
590section.
591     468.8414  Licensure.--
592     (1)  The department shall license any applicant who the
593department certifies is qualified to practice mold assessment or
594mold remediation.
595     (2)  The department shall certify for licensure any
596applicant who satisfies the requirements of s. 468.8413, who has
597passed the licensing examination, and who has documented
598training in water, mold, and respiratory protection. The
599department may refuse to certify any applicant who has violated
600any of the provisions of this part.
601     (3)  The department shall certify as qualified for a
602license by endorsement an applicant who is of good moral
603character and:
604     (a)  Is qualified to take the examination as set forth in
605s. 468.8413 and has passed a certification examination offered
606by a nationally recognized organization that certifies persons
607in the specialty of mold assessment or mold remediation that has
608been approved by the department as substantially equivalent to
609the requirements of this part and s. 455.217; or
610     (b)  Holds a valid license to practice mold assessment or
611mold remediation issued by another state or territory of the
612United States if the criteria for issuance of the license were
613substantially the same as the licensure criteria that is
614established by this part as determined by the department.
615     (4)  The department shall not issue a license by
616endorsement to any applicant who is under investigation in
617another state for any act that would constitute a violation of
618this part or chapter 455 until such time as the investigation is
619complete and disciplinary proceedings have been terminated.
620     468.8415  Renewal of license.--
621     (1)  The department shall renew a license upon receipt of
622the renewal application and fee and upon certification by the
623department that the licensee has satisfactorily completed the
624continuing education requirements of s. 468.8416.
625     (2)  The department shall adopt rules establishing a
626procedure for the biennial renewal of licenses.
627     468.8416  Continuing education.--
628     (1)  The department may not renew a license until the
629licensee submits proof satisfactory to it that during the 2
630years prior to his or her application for renewal the licensee
631has completed at least 14 hours of continuing education.
632Criteria and course content shall be approved by the department
633by rule.
634     (2)  The department may prescribe by rule additional
635continuing professional education hours, not to exceed 25
636percent of the total hours required, for failure to complete the
637hours required for renewal by the end of the renewal period.
638     468.8417  Inactive license.--
639     (1)  A licensee may request that his or her license be
640placed in an inactive status by making application to the
641department.
642     (2)  A license that has become inactive may be reactivated
643upon application to the department. The department may prescribe
644by rule continuing education requirements as a condition of
645reactivating a license. The continuing education requirements
646for reactivating a license may not exceed 14 hours for each year
647the license was inactive.
648     (3)  The department shall adopt rules relating to licenses
649that have become inactive and for the renewal of inactive
650licenses. The department shall prescribe by rule a fee not to
651exceed $200 for the reactivation of an inactive license and a
652fee not to exceed $200 for the renewal of an inactive license.
653     468.8418  Certification of partnerships and corporations.--
654     (1)  The department shall issue a certificate of
655authorization to a corporation or partnership offering mold
656assessment or mold remediation services to the public if the
657corporation or partnership satisfies all of the requirements of
658this part.
659     (2)  The practice of or the offer to practice mold
660assessment or mold remediation by licensees through a
661corporation or partnership offering mold assessment or mold
662remediation to the public, or by a corporation or partnership
663offering such services to the public through licensees under
664this part as agents, employees, officers, or partners, is
665permitted subject to the provisions of this part, provided that
666the corporation or partnership has been issued a certificate of
667authorization by the department as provided in this section.
668Nothing in this section shall be construed to allow a
669corporation to hold a license to practice mold assessment or
670mold remediation. No corporation or partnership shall be
671relieved of responsibility for the conduct or acts of its
672agents, employees, or officers by reason of its compliance with
673this section, nor shall any individual practicing mold
674assessment or mold remediation be relieved of responsibility for
675professional services performed by reason of his or her
676employment or relationship with a corporation or partnership.
677     (3)  For the purposes of this section, a certificate of
678authorization shall be required for a corporation, partnership,
679association, or person practicing under a fictitious name,
680offering mold assessment or mold remediation; however, when an
681individual is practicing mold assessment or mold remediation
682under his or her own given name, he or she shall not be required
683to register under this section.
684     (4)  Each certificate of authorization shall be renewed
685every 2 years. Each partnership and corporation certified under
686this section shall notify the department within 1 month of any
687change in the information contained in the application upon
688which the certification is based.
689     (5)  Disciplinary action against a corporation or
690partnership shall be administered in the same manner and on the
691same grounds as disciplinary action against a licensed mold
692assessor or mold remediator.
693     468.8419  Prohibitions; penalties.--
694     (1)  A mold assessor, a company that employs a mold
695assessor, or a company that is controlled by a company that also
696has a financial interest in a company employing a mold assessor
697may not:
698     (a)  Perform or offer to perform any mold assessment unless
699the mold assessor has documented training in water, mold, and
700respiratory protection under s. 468.8414(2).
701     (b)  Perform or offer to perform any mold assessment unless
702the person has complied with the provisions of this part.
703     (c)  Use the name or title "certified mold assessor,"
704"registered mold assessor," "licensed mold assessor," "mold
705assessor," "professional mold assessor," or any combination
706thereof unless the person has complied with the provisions this
707part;
708     (d)  Perform or offer to perform any mold remediation to a
709structure on which the mold assessor or the mold assessor's
710company provided a mold assessment within the last 12 months.
711     (e)  Inspect for a fee any property in which the assessor
712or the assessor's company has any financial or transfer
713interest.
714     (f)  Accept any compensation, inducement, or reward from a
715mold remediator or mold remediator's company for the referral of
716any business to the mold remediator or the mold remediator's
717company.
718     (g)  Offer any compensation, inducement, or reward to a
719mold remediator or mold remediator's company for the referral of
720any business from the mold remediator or the mold remediator's
721company.
722     (h)  Accept an engagement to make an omission of the
723assessment or conduct an assessment in which the assessment
724itself, or the fee payable for the assessment, is contingent
725upon the conclusions of the assessment.
726     (2)  A mold remediator, a company that employs a mold
727remediator, or a company that is controlled by a company that
728also has a financial interest in a company employing a mold
729remediator may not:
730     (a)  Perform or offer to perform any mold remediation
731unless the remediator has documented training in water, mold,
732and respiratory protection under s. 468.8414(2).
733     (b)  Perform or offer to perform any mold remediation
734unless the person has complied with the provisions of this part.
735     (c)  Use the name or title "certified mold remediator,"
736"registered mold remediator," "licensed mold remediator," "mold
737remediator," "professional mold remediator," or any combination
738thereof unless the person has complied with the provisions of
739this part;
740     (d)  Perform or offer to perform any mold assessment to a
741structure on which the mold remediator or the mold remediator's
742company provided a mold remediation within the last 12 months.
743     (e)  Remediate for a fee any property in which the mold
744remediator or the mold remediator's company has any financial or
745transfer interest.
746     (f)  Accept any compensation, inducement, or reward from a
747mold assessor or mold assessor's company for the referral of any
748business from the mold assessor or the mold assessor's company.
749     (g)  Offer any compensation, inducement, or reward to a
750mold assessor or mold assessor's company for the referral of any
751business from the mold assessor or the mold assessor's company.
752     (3)  Any person who violates any provision of this section
753commits:
754     (a)  A misdemeanor of the second degree for a first
755violation, punishable as provided in s. 775.082 or s. 775.083.
756     (b)  A misdemeanor of the first degree for a second
757violation, punishable as provided in s. 775.082 or s. 775.083.
758     (c)  A felony of the third degree for a third or subsequent
759violation, punishable as provided in s. 775.082, s. 775.083, or
760s. 775.084.
761     468.842  Disciplinary proceedings.--
762     (1)  The following acts constitute grounds for which the
763disciplinary actions in subsection (2) may be taken:
764     (a)  Violation of any provision of this part or s.
765455.227(1);
766     (b)  Attempting to procure a license to practice mold
767assessment or mold remediation by bribery or fraudulent
768misrepresentations;
769     (c)  Having a license to practice mold assessment or mold
770remediation revoked, suspended, or otherwise acted against,
771including the denial of licensure, by the licensing authority of
772another state, territory, or country;
773     (d)  Being convicted or found guilty of, or entering a plea
774of nolo contendere to, regardless of adjudication, a crime in
775any jurisdiction that directly relates to the practice of mold
776assessment or mold remediation or the ability to practice mold
777assessment or mold remediation;
778     (e)  Making or filing a report or record that the licensee
779knows to be false, willfully failing to file a report or record
780required by state or federal law, willfully impeding or
781obstructing such filing, or inducing another person to impede or
782obstruct such filing. Such reports or records shall include only
783those that are signed in the capacity of a registered mold
784assessor or mold remediator;
785     (f)  Advertising goods or services in a manner that is
786fraudulent, false, deceptive, or misleading in form or content;
787     (g)  Engaging in fraud or deceit, or of negligence,
788incompetency, or misconduct, in the practice of mold assessment
789or mold remediation;
790     (h)  Failing to perform any statutory or legal obligation
791placed upon a licensed mold assessor or mold remediator;
792violating any provision of this chapter, a rule of the
793department, or a lawful order of the department previously
794entered in a disciplinary hearing; or failing to comply with a
795lawfully issued subpoena of the department; or
796     (i)  Practicing on a revoked, suspended, inactive, or
797delinquent license.
798     (2)  When the department finds any mold assessor or mold
799remediator guilty of any of the grounds set forth in subsection
800(1), it may enter an order imposing one or more of the following
801penalties:
802     (a)  Denial of an application for licensure.
803     (b)  Revocation or suspension of a license.
804     (c)  Imposition of an administrative fine not to exceed
805$5,000 for each count or separate offense.
806     (d)  Issuance of a reprimand.
807     (e)  Placement of the mold assessor or mold remediator on
808probation for a period of time and subject to such conditions as
809the department may specify.
810     (f)  Restriction of the authorized scope of practice by the
811mold assessor or mold remediator.
812     (3)  In addition to any other sanction imposed under this
813part, in any final order that imposes sanctions, the department
814may assess costs related to the investigation and prosecution of
815the case.
816     468.8421  Insurance.--
817     (1)  A mold assessor shall maintain general liability and
818errors and omissions insurance coverage in an amount of not less
819than $1,000,000.
820     (2)  A mold remediator shall maintain general liability
821insurance policy in an amount of not less than $1,000,000 that
822includes specific coverage for mold related claims.
823     468.8422  Contracts.--A contract to perform mold assessment
824or mold remediation shall be in a document or electronic record,
825signed or otherwise authenticated by the parties. A mold
826assessment contract is not required to provide estimates related
827to the cost of repair of an assessed property. A mold assessment
828contract is not required to provide estimates.
829     468.8423  Grandfather clause.--A person who performs mold
830assessment or mold remediation as defined in this part may
831qualify to be licensed by the department as a mold assessor or
832mold remediator if the person meets the licensure requirements
833of this part by July 1, 2010.
834     Section 3.  This act shall take effect July 1, 2010.


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