Senate Bill sb2234e2

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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to regulation of building

  3         inspection professionals; amending s. 634.301,

  4         F.S.; redefining the terms "home warranty" or

  5         "warranty" for purposes of part II of ch. 634,

  6         F.S., relating to home warranty associations;

  7         creating pt. XV of ch. 468, F.S., relating to

  8         regulation of home inspectors; providing a

  9         purpose; providing exemptions; providing

10         definitions; authorizing the Department of

11         Business and Professional Regulation to

12         establish fees; limiting fee amounts; providing

13         for a home inspector licensure examination;

14         providing qualifications to take the licensure

15         examination; providing requirements for the

16         department to certify and license home

17         inspectors; providing for licensure by

18         endorsement; requiring continuing education for

19         license renewal; providing criteria for

20         continuing education; providing for

21         inactivation of licenses; requiring the

22         department to establish fees for the

23         reactivation and renewal of inactive licenses;

24         providing for certification of partnerships and

25         corporations offering home inspection services;

26         requiring a certificate of authorization for

27         certain persons and entities practicing home

28         inspection services; providing for prohibitions

29         and penalties; providing grounds for

30         disciplinary proceedings; authorizing the

31         department to impose specified penalties;


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         requiring home inspectors to provide a

 2         specified disclosure to consumers; requiring

 3         home inspectors to maintain a specified

 4         insurance policy; requiring home inspectors to

 5         provide a written report to homeowners upon

 6         completion of each home inspection; providing

 7         content requirements for home inspection

 8         reports; authorizing certain persons to qualify

 9         for home inspection licensure notwithstanding

10         the requirements of this part; creating pt. XVI

11         of ch. 468, F.S., relating to regulation of

12         mold remediators and mold assessors; providing

13         a purpose; providing exemptions; providing

14         definitions; authorizing the department to

15         establish fees; limiting fee amounts; providing

16         for a mold assessor and mold remediator

17         licensure examination; providing qualifications

18         to take the licensure examinations; providing

19         requirements for the department to certify and

20         license home inspectors; providing for

21         licensure by endorsement; requiring continuing

22         education for license renewal; providing

23         criteria for continuing education; providing

24         for inactivation of licenses; requiring the

25         department to establish fees for the

26         reactivation and renewal of inactive licenses;

27         providing for certification of partnerships and

28         corporations offering mold assessment or mold

29         remediation services; requiring a certificate

30         of authorization for certain persons and

31         entities practicing home inspection services;


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         providing for prohibitions and penalties;

 2         providing grounds for disciplinary proceedings;

 3         authorizing the department to impose specified

 4         penalties; requiring mold assessors and mold

 5         remediators to maintain specified insurance

 6         policies; providing requirements for contracts

 7         to perform mold assessment or mold remediation;

 8         authorizing certain persons to qualify for mold

 9         assessment and mold remediation licensure

10         notwithstanding the requirements of this part;

11         authorizing additional positions and providing

12         appropriations; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (3) of section 634.301, Florida

17  Statutes, is amended to read:

18         634.301  Definitions.--As used in this part, the term:

19         (3)  "Home warranty" or "warranty" means any contract

20  or agreement:

21         (a)  Offered in connection with the sale of residential

22  property;

23         (b)  Offered in connection with a loan of $5,000 or

24  more which is secured by residential property that is the

25  subject of the warranty, but not in connection with the sale

26  of such property; or

27         (c)  Offered in connection with a home improvement of

28  $7,500 or more for residential property that is the subject of

29  the warranty, but not in connection with the sale of such

30  property; or

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         (d)  Offered in connection with a home inspection

 2  service as defined under s. 468.8311(4) or a mold assessment

 3  as defined under s. 468.8411(3);

 4  

 5  whereby a person undertakes to indemnify the warranty holder

 6  against the cost of repair or replacement, or actually

 7  furnishes repair or replacement, of any structural component

 8  or appliance of a home, necessitated by wear and tear or an

 9  inherent defect of any such structural component or appliance

10  or necessitated by the failure of an inspection to detect the

11  likelihood of any such loss. However, this part does not

12  prohibit the giving of usual performance guarantees by either

13  the builder of a home or the manufacturer or seller of an

14  appliance, as long as no identifiable charge is made for such

15  guarantee. This part does not permit the provision of

16  indemnification against consequential damages arising from the

17  failure of any structural component or appliance of a home,

18  which practice constitutes the transaction of insurance

19  subject to all requirements of the insurance code. This part

20  does not apply to service contracts entered into between

21  consumers and nonprofit organizations or cooperatives the

22  members of which consist of condominium associations and

23  condominium owners and which perform repairs and maintenance

24  for appliances or maintenance of the residential property.

25  This part does not apply to a contract or agreement offered in

26  connection with a sale of residential property by a warranty

27  association in compliance with part III, provided such

28  contract or agreement only relates to the systems and

29  appliances of the covered residential property and does not

30  cover any structural component of the residential property.

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         Section 2.  Part XV of chapter 468, Florida Statutes,

 2  consisting of sections 468.83, 468.831, 468.8311, 468.8312,

 3  468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,

 4  468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,

 5  is created to read:

 6         468.83  Purpose.--The Legislature recognizes that there

 7  is a need to require the licensing of home inspectors and to

 8  ensure that consumers of home inspection services can rely on

 9  the competence of home inspectors, as determined by

10  educational and experience requirements and testing.

11  Therefore, the Legislature deems it necessary in the interest

12  of the public welfare to regulate home inspectors in this

13  state.

14         468.831  Exemptions.--The following persons are not

15  required to comply with any provision of this part:

16         (1)  An authorized government employee of the United

17  states, this state, or any municipality, county, or other

18  political subdivision who is conducting home inspection

19  services within the scope of that employment, as long as the

20  employee does not hold out for hire to the general public or

21  otherwise engage in home inspection services.

22         (2)  A person acting within his or her authorized scope

23  of practice as licensed under federal, state, or local codes

24  or statutes, except when such person holds himself or herself

25  out for hire to the public as a "certified home inspector,"

26  "registered home inspector," "licensed home inspector," "home

27  inspector," "professional home inspector," or any combination

28  thereof stating or implying licensure under this part.

29         (3)  An officer appointed by the court.

30         (4)  A person performing safety inspections of utility

31  equipment in or on a home or building or other duties


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 1  conducted by or for a utility under chapter 366 or rules

 2  adopted by the Public Service Commission.

 3         (5)  A certified energy auditor performing an energy

 4  audit of any home or building or other duties conducted by or

 5  for a utility under chapter 366 or rules adopted by the Public

 6  Service Commission.

 7         468.8311  Definitions.--As used in this part, the term:

 8         (1)  "Department" means the Department of Business and

 9  Professional Regulation.

10         (2)  "Home" means any residential real property, or

11  manufactured or modular home, which is a single-family

12  dwelling, duplex, triplex, quadruplex, condominium unit, or

13  cooperative unit. The term does not include the common areas

14  of condominiums or cooperatives.

15         (3)  "Home inspector" means any person who provides or

16  offers to provide home inspection services for a fee or other

17  compensation.

18         (4)  "Home inspection services" means a limited visual

19  examination of one or more of the following readily accessible

20  installed systems and components of a home: the structure,

21  electrical system, HVAC system, roof covering, plumbing

22  system, interior components, exterior components, and site

23  conditions that affect the structure, for the purposes of

24  providing a written professional opinion of the condition of

25  the home.

26         468.8312  Fees.--

27         (1)  The department, by rule, may establish fees to be

28  paid for applications, examination, reexamination, licensing

29  and renewal, inactive status application and reactivation of

30  inactive licenses, recordkeeping, and applications for

31  providers of continuing education. The department may also


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1  establish by rule a delinquency fee. Fees shall be based on

 2  department estimates of the revenue required to implement the

 3  provisions of this part. All fees shall be remitted with the

 4  appropriate application, examination, or license.

 5         (2)  The initial application and examination fee shall

 6  not exceed $125 plus the actual per applicant cost to the

 7  department to purchase an examination, if the department

 8  chooses to purchase the examination. The examination fee shall

 9  be in an amount that covers the cost of obtaining and

10  administering the examination and shall be refunded if the

11  applicant is found ineligible to sit for the examination. The

12  application fee shall be nonrefundable.

13         (3)  The initial license fee shall not exceed $200.

14         (4)  The fee for a certificate of authorization shall

15  not exceed $125.

16         (5)  The biennial renewal fee shall not exceed $200.

17         (6)  The fee for licensure by endorsement shall not

18  exceed $200.

19         (7)  The fee for application for inactive status or for

20  reactivation of an inactive license shall not exceed $200.

21         (8)  The fee for applications from providers of

22  continuing education may not exceed $500.

23         468.8313  Examinations.--

24         (1)  A person desiring to be licensed as a home

25  inspector shall apply to the department to take a licensure

26  examination.

27         (2)  An applicant shall be entitled to take the

28  licensure examination for the purpose of determining whether

29  he or she is qualified to practice in this state as a home

30  inspector if the applicant is of good moral character and has

31  completed a course of study of no less than 120 hours that


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1  covers all of the following components of a home: structure,

 2  electrical system, HVAC system, roof covering, plumbing

 3  system, interior components, exterior components, and site

 4  conditions that affect the structure.

 5         (3)  The department shall review and approve courses of

 6  study in home inspection.

 7         (4)  The department may review and approve examinations

 8  by a nationally recognized entity that offers programs or sets

 9  standards that ensure competence as a home inspector.

10         (5)(a)  "Good moral character" means a personal history

11  of honesty, fairness, and respect for the rights of others and

12  for the laws of this state and nation.

13         (b)  The department may refuse to certify an applicant

14  for failure to satisfy this requirement only if:

15         1.  There is a substantial connection between the lack

16  of good moral character of the applicant and the professional

17  responsibilities of a licensed home inspector; and

18         2.  The finding by the department of lack of good moral

19  character is supported by clear and convincing evidence.

20         (c)  When an applicant is found to be unqualified for a

21  license because of lack of good moral character, the

22  department shall furnish the applicant a statement containing

23  the findings of the department, a complete record of the

24  evidence upon which the determination was based, and a notice

25  of the rights of the applicant to a rehearing and appeal.

26         (6)  The department may adopt rules pursuant to ss.

27  120.536(1) and 120.54 to implement the provisions of this

28  section.

29         468.8314  Licensure.--

30  

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         (1)  The department shall license any applicant who the

 2  department certifies is qualified to practice home inspection

 3  services.

 4         (2)  The department shall certify for licensure any

 5  applicant who satisfies the requirements of s. 468.8313 and

 6  who has passed the licensing examination. The department may

 7  refuse to certify any applicant who has violated any of the

 8  provisions of s. 468.832.

 9         (3)  The department shall certify as qualified for a

10  license by endorsement an applicant who is of good moral

11  character as determined in s. 468.8313; holds a valid license

12  to practice home inspection services in another state or

13  territory of the United States, whose educational requirements

14  are substantially equivalent to those required by this part;

15  and has passed a national, regional, state, or territorial

16  licensing examination that is substantially equivalent to the

17  examination required by this part.

18         (4)  The department shall not issue a license by

19  endorsement to any applicant who is under investigation in

20  another state for any act that would constitute a violation of

21  this part or chapter 455 until such time as the investigation

22  is complete and disciplinary proceedings have been terminated.

23         468.8315  Renewal of license.--

24         (1)  The department shall renew a license upon receipt

25  of the renewal application and upon certification by the

26  department that the licensee has satisfactorily completed the

27  continuing education requirements of s. 468.8316.

28         (2)  The department shall adopt rules establishing a

29  procedure for the biennial renewal of licenses.

30         468.8316  Continuing education.--

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         (1)  The department may not renew a license until the

 2  licensee submits proof satisfactory to the department that

 3  during the 2 years prior to his or her application for renewal

 4  the licensee has completed at least 14 hours of continuing

 5  education. Criteria and course content shall be approved by

 6  the department by rule.

 7         (2)  The department may prescribe by rule additional

 8  continuing professional education hours, not to exceed 25

 9  percent of the total hours required, for failure to complete

10  the hours required for renewal by the end of the

11  reestablishment period.

12         468.8317  Inactive license.--

13         (1)  A licensee may request that his or her license be

14  placed in an inactive status by making application to the

15  department.

16         (2)  A license that has become inactive may be

17  reactivated upon application to the department. The department

18  may prescribe by rule continuing education requirements as a

19  condition of reactivating a license. The continuing education

20  requirements for reactivating a license may not exceed 14

21  hours for each year the license was inactive.

22         (3)  The department shall adopt rules relating to

23  licenses which have become inactive and for the renewal of

24  inactive licenses. The department shall prescribe by rule a

25  fee not to exceed $200 for the reactivation of an inactive

26  license and a fee not to exceed $200 for the renewal of an

27  inactive license.

28         468.8318  Certification of corporations and

29  partnerships.--

30         (1)  The department shall issue a certificate of

31  authorization to a corporation or partnership offering home


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1  inspection services to the public if the corporation or

 2  partnership satisfies all of the requirements of this part.

 3         (2)  The practice of or the offer to practice home

 4  inspection services by licensees through a corporation or

 5  partnership offering home inspection services to the public,

 6  or by a corporation or partnership offering such services to

 7  the public through licensees under this part as agents,

 8  employees, officers, or partners, is permitted subject to the

 9  provisions of this part, provided that all personnel of the

10  corporation or partnership who act in its behalf as home

11  inspectors in this state are licensed as provided by this

12  part; and further provided that the corporation or partnership

13  has been issued a certificate of authorization by the

14  department as provided in this section. Nothing in this

15  section shall be construed to allow a corporation to hold a

16  license to practice home inspection services. No corporation

17  or partnership shall be relieved of responsibility for the

18  conduct or acts of its agents, employees, or officers by

19  reason of its compliance with this section, nor shall any

20  individual practicing home inspection services be relieved of

21  responsibility for professional services performed by reason

22  of his or her employment or relationship with a corporation or

23  partnership.

24         (3)  For the purposes of this section, a certificate of

25  authorization shall be required for a corporation,

26  partnership, association, or person practicing under a

27  fictitious name and offering home inspection services to the

28  public; however, when an individual is practicing home

29  inspection services in his or her own given name, he or she

30  shall not be required to register under this section.

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         (4)  Each certificate of authorization shall be renewed

 2  every 2 years. Each partnership and corporation certified

 3  under this section shall notify the department within 1 month

 4  of any change in the information contained in the application

 5  upon which the certification is based.

 6         (5)  Disciplinary action against a corporation or

 7  partnership shall be administered in the same manner and on

 8  the same grounds as disciplinary action against a licensed

 9  home inspector.

10         468.8319  Prohibitions; penalties.--

11         (1)  A home inspector, a company that employs a home

12  inspector, or a company that is controlled by a company that

13  also has a financial interest in a company employing a home

14  inspector may not:

15         (a)  Practice or offer to practice home inspection

16  services unless the person has complied with the provisions of

17  this part;

18         (b)  Use the name or title "certified home inspector,"

19  "registered home inspector," "licensed home inspector," "home

20  inspector," "professional home inspector," or any combination

21  thereof unless the person has complied with the provisions of

22  this part;

23         (c)  Present as his or her own the license of another;

24         (d)  Knowingly give false or forged evidence to the

25  department or an employee thereof;

26         (e)  Use or attempt to use a license that has been

27  suspended or revoked;

28         (f)  Perform or offer to perform, prior to closing, for

29  any additional fee, any repairs to a home on which the

30  inspector or the inspector's company has prepared a home

31  inspection report. This paragraph does not apply to a home


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1  warranty company that is affiliated with or retains a home

 2  inspector to perform repairs pursuant to a claim made under a

 3  home warranty contract;

 4         (g)  Inspect for a fee any property in which the

 5  inspector or the inspector's company has any financial or

 6  transfer interest;

 7         (h)  Offer or deliver any compensation, inducement, or

 8  reward to any broker or agent therefor for the referral of the

 9  owner of the inspected property to the inspector or the

10  inspection company; or

11         (i)  Accept an engagement to make an omission or

12  prepare a report in which the inspection itself, or the fee

13  payable for the inspection, is contingent upon either the

14  conclusions in the report, preestablished findings, or the

15  close of escrow.

16         (2)  Any person who is found to be in violation of any

17  provision of this section commits a misdemeanor of the first

18  degree, punishable as provided in s. 775.082 or s. 775.083.

19         468.832  Disciplinary proceedings.--

20         (1)  The following acts constitute grounds for which

21  the disciplinary actions in subsection (2) may be taken:

22         (a)  Violation of any provision of this part or s.

23  455.227(1);

24         (b)  Attempting to procure a license to practice home

25  inspection services by bribery or fraudulent

26  misrepresentation;

27         (c)  Having a license to practice home inspection

28  services revoked, suspended, or otherwise acted against,

29  including the denial of licensure, by the licensing authority

30  of another state, territory, or country;

31  


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    CS for CS for CS for SB 2234            Second Engrossed (ntc)



 1         (d)  Being convicted or found guilty of, or entering a

 2  plea of nolo contendere to, regardless of adjudication, a

 3  crime in any jurisdiction that directly relates to the

 4  practice of home inspection services or the ability to

 5  practice home inspection services;

 6         (e)  Making or filing a report or record that the

 7  licensee knows to be false, willfully failing to file a report

 8  or record required by state or federal law, willfully impeding

 9  or obstructing such filing, or inducing another person to

10  impede or obstruct such filing. Such reports or records shall

11  include only those that are signed in the capacity of a

12  licensed home inspector;

13         (f)  Advertising goods or services in a manner that is

14  fraudulent, false, deceptive, or misleading in form or

15  content;

16         (g)  Engaging in fraud or deceit, or of negligence,

17  incompetency, or misconduct, in the practice of home

18  inspection services;

19         (h)  Failing to perform any statutory or legal

20  obligation placed upon a licensed home inspector; violating

21  any provision of this chapter, a rule of the department, or a

22  lawful order of the department previously entered in a

23  disciplinary hearing; or failing to comply with a lawfully

24  issued subpoena of the department; or

25         (i)  Practicing on a revoked, suspended, inactive, or

26  delinquent license.

27         (2)  When the department finds any home inspector

28  guilty of any of the grounds set forth in subsection (1), it

29  may enter an order imposing one or more of the following

30  penalties:

31         (a)  Denial of an application for licensure.


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 1         (b)  Revocation or suspension of a license.

 2         (c)  Imposition of an administrative fine not to exceed

 3  $5,000 for each count or separate offense.

 4         (d)  Issuance of a reprimand.

 5         (e)  Placement of the home inspector on probation for a

 6  period of time and subject to such conditions as the

 7  department may specify.

 8         (f)  Restriction of the authorized scope of practice by

 9  the home inspector.

10         (3)  In addition to any other sanction imposed under

11  this part, in any final order that imposes sanctions, the

12  department may assess costs related to the investigation and

13  prosecution of the case.

14         468.8321  Disclosures.--Prior to contracting for or

15  commencing a home inspection, a home inspector shall provide

16  to the consumer a copy of his or her license to practice home

17  inspection services in this state and a written disclosure

18  that contains the scope and any exclusions of the home

19  inspection.

20         468.8322  Insurance.--A home inspector shall maintain a

21  commercial general liability insurance policy in an amount of

22  not less than $300,000.

23         468.8323  Home inspection report.--Upon completion of

24  each home inspection for compensation, the home inspector

25  shall provide a written report prepared for the client.

26         (1)  The home inspector shall report:

27         (a)  On those systems and components inspected that, in

28  the professional opinion of the inspector, are significantly

29  deficient or are near the end of their service lives.

30  

31  


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 1         (b)  If self-evident, a reason why the system or

 2  component reported under paragraph (a) is significantly

 3  deficient or near the end of its service life.

 4         (c)  Any systems and components that were present at

 5  the time of the inspection but were not inspected, and a

 6  reason they were not inspected.

 7         (2)  A home inspector is not required to provide

 8  estimates related to the cost of repair of an inspected

 9  property.

10         468.8324  Grandfather clause.--A person who performs

11  home inspection services as defined in this part may qualify

12  to be licensed by the department as a home inspector if the

13  person meets the licensure requirements of this part by July

14  1, 2010.

15         Section 3.  Part XVI of chapter 468, Florida Statutes,

16  consisting of sections 468.84, 468.841, 468.8411, 468.8412,

17  468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,

18  468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is

19  created to read:

20         468.84  Legislative purpose.--The Legislature finds it

21  necessary in the interest of the public safety and welfare, to

22  prevent damage to the real and personal property, to avert

23  economic injury to the residents of this state, and to

24  regulate persons and companies that hold themselves out to the

25  public as qualified to perform mold-related services.

26         468.841  Exemptions.--

27         (1)  The following persons are not required to comply

28  with any provisions of this part relating to mold assessment:

29         (a)  A residential property owner who performs mold

30  assessment on his or her own property.

31  


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 1         (b)  A person who performs mold assessment on property

 2  owned or leased by the person, the person's employer, or an

 3  entity affiliated with the person's employer through common

 4  ownership, or on property operated or managed by the person's

 5  employer or an entity affiliated with the person's employer

 6  through common ownership. This exemption does not apply if the

 7  person, employer, or affiliated entity engages in the business

 8  of performing mold assessment for the public.

 9         (c)  An employee of a mold assessor while directly

10  supervised by the mold assessor.

11         (d)  Persons or business organizations acting within

12  the scope of the respective licenses required under chapter

13  471, part I of chapter 481, chapter 482, or chapter 489, are

14  acting on behalf of an insurer under part VI of chapter 626,

15  or are persons in the manufactured housing industry who are

16  licensed under chapter 320, except when any such persons or

17  business organizations hold themselves out for hire to the

18  public as a "certified mold remediator," "registered mold

19  remediator," "licensed mold remediator," "mold remediator,"

20  "professional mold remediator," or any combination thereof

21  stating or implying licensure under this part.

22         (e)  An authorized employee of the United States, this

23  state, or any municipality, county, or other political

24  subdivision, or public or private school and who is conducting

25  mold assessment within the scope of that employment, as long

26  as the employee does not hold out for hire to the general

27  public or otherwise engage in mold assessment.

28         (2)  The following persons are not required to comply

29  with any provisions of this part relating to mold remediation:

30         (a)  A residential property owner who performs mold

31  remediation on his or her own property.


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 1         (b)  A person who performs mold remediation on property

 2  owned or leased by the person, the person's employer, or an

 3  entity affiliated with the person's employer through common

 4  ownership, or on property operated or managed by the person's

 5  employer or an entity affiliated with the person's employer

 6  through common ownership. This exemption does not apply if the

 7  person, employer, or affiliated entity engages in the business

 8  of performing mold remediation for the public.

 9         (c)  An employee of a mold remediator while directly

10  supervised by the mold remediator.

11         (d)  Persons or business organizations that are acting

12  within the scope of the respective licenses required under

13  chapter 471, part I of chapter 481, chapter 482, or chapter

14  489, are acting on behalf of an insurer under part VI of

15  chapter 626, or are persons in the manufactured housing

16  industry who are licensed under chapter 320, except when any

17  such persons or business organizations hold themselves out for

18  hire to the public as a "certified mold assessor," "registered

19  mold assessor," "licensed mold assessor," "mold assessor,"

20  "professional mold assessor," or any combination thereof

21  stating or implying licensure under this part.

22         (e)  An authorized employee of the United States, this

23  state, or any municipality, county, or other political

24  subdivision, or public or private school and who is conducting

25  mold remediation within the scope of that employment, as long

26  as the employee does not hold out for hire to the general

27  public or otherwise engage in mold remediation.

28         468.8411  Definitions.--As used in this part, the term:

29         (1)  "Department" means the Department of Business and

30  Professional Regulation.

31  


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 1         (2)  "Mold" means an organism of the class fungi that

 2  causes disintegration of organic matter and produces spores,

 3  and includes any spores, hyphae, and mycotoxins produced by

 4  mold.

 5         (3)  "Mold assessment" means a process performed by a

 6  mold assessor that includes the physical sampling and detailed

 7  evaluation of data obtained from a building history and

 8  inspection to formulate an initial hypothesis about the

 9  origin, identity, location, and extent of amplification of

10  mold growth of greater than ten square feet.

11         (4)  "Mold assessor" means any person who performs or

12  directly supervises a mold assessment.

13         (5)  "Mold remediation" means the removal, cleaning,

14  sanitizing, demolition, or other treatment, including

15  preventive activities, of mold or mold-contaminated matter of

16  greater than ten square feet that was not purposely grown at

17  that location; however, such removal, cleaning, sanitizing,

18  demolition, or other treatment, including preventive

19  activities, may not be work that requires a license under

20  chapter 489 unless performed by a person who is licensed under

21  that chapter or the work complies with that chapter.

22         (6)  "Mold remediator" means any person who performs

23  mold remediation. A mold remediator may not perform any work

24  that requires a license under chapter 489 unless the mold

25  remediator is also licensed under that chapter or complies

26  with that chapter.

27         468.8412  Fees.--

28         (1)  The department, by rule, may establish fees to be

29  paid for application, examination, reexamination, licensing

30  and renewal, inactive status application and reactivation of

31  inactive licenses, and application for providers of continuing


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 1  education. The department may also establish by rule a

 2  delinquency fee. Fees shall be based on department estimates

 3  of the revenue required to implement the provisions of this

 4  part. All fees shall be remitted with the application,

 5  examination, reexamination, licensing and renewal, inactive

 6  status application and reactivation of inactive licenses, and

 7  application for providers of continuing education.

 8         (2)  The application fee shall not exceed $125 and is

 9  nonrefundable. The examination fee shall not exceed $125 plus

10  the actual per applicant cost to the department to purchase

11  the examination, if the department chooses to purchase the

12  examination. The examination fee shall be in an amount that

13  covers the cost of obtaining and administering the examination

14  and shall be refunded if the applicant is found ineligible to

15  sit for the examination.

16         (3)  The fee for an initial license shall not exceed

17  $200.

18         (4)  The fee for an initial certificate of

19  authorization shall not exceed $200.

20         (5)  The fee for a biennial license renewal shall not

21  exceed $400.

22         (6)  The fee for a biennial certificate of

23  authorization renewal shall not exceed $400.

24         (7)  The fee for licensure by endorsement shall not

25  exceed $200.

26         (8)  The fee for application for inactive status shall

27  not exceed $100.

28         (9)  The fee for reactivation of an inactive license

29  shall not exceed $200.

30         (10)  The fee for applications from providers of

31  continuing education may not exceed $500.


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 1         468.8413  Examinations.--

 2         (1)  A person desiring to be licensed as a mold

 3  assessor or mold remediator shall apply to the department to

 4  take a licensure examination.

 5         (2)  An applicant shall be entitled to take the

 6  licensure examination to practice in this state as a mold

 7  assessor or mold remediator if the applicant is of good moral

 8  character and has satisfied one of the following requirements:

 9         (a)1.  For a mold remediator, at least a 2-year degree

10  in microbiology, engineering, architecture, industrial

11  hygiene, occupational safety, or a related field of science

12  from an accredited institution and a minimum of 1 year of

13  documented field experience in a field related to mold

14  remediation; or

15         2.  A high school diploma or the equivalent with a

16  minimum of 4 years of documented field experience in a field

17  related to mold remediation.

18         (b)1.  For a mold assessor, at least a 2-year degree in

19  microbiology, engineering, architecture, industrial hygiene,

20  occupational safety, or a related field of science from an

21  accredited institution and a minimum of 1 year of documented

22  field experience in conducting microbial sampling or

23  investigations; or

24         2.  A high school diploma or the equivalent with a

25  minimum of 4 years of documented field experience in

26  conducting microbial sampling or investigations.

27         (3)  The department shall review and approve courses of

28  study in mold assessment and mold remediation.

29         (4)(a)  Good moral character means a personal history

30  of honesty, fairness, and respect for the rights of others and

31  for the laws of this state and nation.


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 1         (b)  The department may refuse to certify an applicant

 2  for failure to satisfy this requirement only if:

 3         1.  There is a substantial connection between the lack

 4  of good moral character of the applicant and the professional

 5  responsibilities of a licensed mold assessor or mold

 6  remediator; and

 7         2.  The finding by the department of lack of good moral

 8  character is supported by clear and convincing evidence.

 9         (c)  When an applicant is found to be unqualified for a

10  license because of a lack of good moral character, the

11  department shall furnish the applicant a statement containing

12  the findings of the department, a complete record of the

13  evidence upon which the determination was based, and a notice

14  of the rights of the applicant to a rehearing and appeal.

15         (5)  The department may adopt rules pursuant to ss.

16  120.536(1) and 120.54 to implement the provisions of this

17  section.

18         468.8414  Licensure.--

19         (1)  The department shall license any applicant who the

20  department certifies is qualified to practice mold assessment

21  or mold remediation.

22         (2)  The department shall certify for licensure any

23  applicant who satisfies the requirements of s. 468.8413, who

24  has passed the licensing examination, and who has documented

25  training in water, mold, and respiratory protection. The

26  department may refuse to certify any applicant who has

27  violated any of the provisions of this part.

28         (3)  The department shall certify as qualified for a

29  license by endorsement an applicant who is of good moral

30  character and:

31  


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 1         (a)  Is qualified to take the examination as set forth

 2  in s. 468.8413 and has passed a certification examination

 3  offered by a nationally recognized organization that certifies

 4  persons in the specialty of mold assessment or mold

 5  remediation that has been approved by the department as

 6  substantially equivalent to the requirements of this part and

 7  s. 455.217; or

 8         (b)  Holds a valid license to practice mold assessment

 9  or mold remediation issued by another state or territory of

10  the United States if the criteria for issuance of the license

11  were substantially the same as the licensure criteria that is

12  established by this part as determined by the department.

13         (4)  The department shall not issue a license by

14  endorsement to any applicant who is under investigation in

15  another state for any act that would constitute a violation of

16  this part or chapter 455 until such time as the investigation

17  is complete and disciplinary proceedings have been terminated.

18         468.8415  Renewal of license.--

19         (1)  The department shall renew a license upon receipt

20  of the renewal application and fee and upon certification by

21  the department that the licensee has satisfactorily completed

22  the continuing education requirements of s. 468.8416.

23         (2)  The department shall adopt rules establishing a

24  procedure for the biennial renewal of licenses.

25         468.8416  Continuing education.--

26         (1)  The department may not renew a license until the

27  licensee submits proof satisfactory to it that during the 2

28  years prior to his or her application for renewal the licensee

29  has completed at least 14 hours of continuing education.

30  Criteria and course content shall be approved by the

31  department by rule.


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 1         (2)  The department may prescribe by rule additional

 2  continuing professional education hours, not to exceed 25

 3  percent of the total hours required, for failure to complete

 4  the hours required for renewal by the end of the renewal

 5  period.

 6         468.8417  Inactive license.--

 7         (1)  A licensee may request that his or her license be

 8  placed in an inactive status by making application to the

 9  department.

10         (2)  A license that has become inactive may be

11  reactivated upon application to the department. The department

12  may prescribe by rule continuing education requirements as a

13  condition of reactivating a license. The continuing education

14  requirements for reactivating a license may not exceed 14

15  hours for each year the license was inactive.

16         (3)  The department shall adopt rules relating to

17  licenses that have become inactive and for the renewal of

18  inactive licenses. The department shall prescribe by rule a

19  fee not to exceed $200 for the reactivation of an inactive

20  license and a fee not to exceed $200 for the renewal of an

21  inactive license.

22         468.8418  Certification of partnerships and

23  corporations.--

24         (1)  The department shall issue a certificate of

25  authorization to a corporation or partnership offering mold

26  assessment or mold remediation services to the public if the

27  corporation or partnership satisfies all of the requirements

28  of this part.

29         (2)  The practice of or the offer to practice mold

30  assessment or mold remediation by licensees through a

31  corporation or partnership offering mold assessment or mold


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 1  remediation to the public, or by a corporation or partnership

 2  offering such services to the public through licensees under

 3  this part as agents, employees, officers, or partners, is

 4  permitted subject to the provisions of this part, provided

 5  that the corporation or partnership has been issued a

 6  certificate of authorization by the department as provided in

 7  this section. Nothing in this section shall be construed to

 8  allow a corporation to hold a license to practice mold

 9  assessment or mold remediation. No corporation or partnership

10  shall be relieved of responsibility for the conduct or acts of

11  its agents, employees, or officers by reason of its compliance

12  with this section, nor shall any individual practicing mold

13  assessment or mold remediation be relieved of responsibility

14  for professional services performed by reason of his or her

15  employment or relationship with a corporation or partnership.

16         (3)  For the purposes of this section, a certificate of

17  authorization shall be required for a corporation,

18  partnership, association, or person practicing under a

19  fictitious name, offering mold assessment or mold remediation;

20  however, when an individual is practicing mold assessment or

21  mold remediation under his or her own given name, he or she

22  shall not be required to register under this section.

23         (4)  Each certificate of authorization shall be renewed

24  every 2 years. Each partnership and corporation certified

25  under this section shall notify the department within 1 month

26  of any change in the information contained in the application

27  upon which the certification is based.

28         (5)  Disciplinary action against a corporation or

29  partnership shall be administered in the same manner and on

30  the same grounds as disciplinary action against a licensed

31  mold assessor or mold remediator.


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 1         468.8419  Prohibitions; penalties.--

 2         (1)  A mold assessor, a company that employs a mold

 3  assessor, or a company that is controlled by a company that

 4  also has a financial interest in a company employing a mold

 5  assessor may not:

 6         (a)  Perform or offer to perform any mold assessment

 7  unless the mold assessor has documented training in water,

 8  mold, and respiratory protection under s. 468.8414(2).

 9         (b)  Perform or offer to perform any mold assessment

10  unless the person has complied with the provisions of this

11  part.

12         (c)  Use the name or title "certified mold assessor,"

13  "registered mold assessor," "licensed mold assessor," "mold

14  assessor," "professional mold assessor," or any combination

15  thereof unless the person has complied with the provisions

16  this part.

17         (d)  Perform or offer to perform any mold remediation

18  to a structure on which the mold assessor or the mold

19  assessor's company provided a mold assessment within the last

20  12 months.

21         (e)  Inspect for a fee any property in which the

22  assessor or the assessor's company has any financial or

23  transfer interest.

24         (f)  Accept any compensation, inducement, or reward

25  from a mold remediator or mold remediator's company for the

26  referral of any business to the mold remediator or the mold

27  remediator's company.

28         (g)  Offer any compensation, inducement, or reward to a

29  mold remediator or mold remediator's company for the referral

30  of any business from the mold remediator or the mold

31  remediator's company.


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 1         (h)  Accept an engagement to make an omission of the

 2  assessment or conduct an assessment in which the assessment

 3  itself, or the fee payable for the assessment, is contingent

 4  upon the conclusions of the assessment.

 5         (2)  A mold remediator, a company that employs a mold

 6  remediator, or a company that is controlled by a company that

 7  also has a financial interest in a company employing a mold

 8  remediator may not:

 9         (a)  Perform or offer to perform any mold remediation

10  unless the remediator has documented training in water, mold,

11  and respiratory protection under s. 468.8414(2).

12         (b)  Perform or offer to perform any mold remediation

13  unless the person has complied with the provisions of this

14  part.

15         (c)  Use the name or title "certified mold remediator,"

16  "registered mold remediator," "licensed mold remediator,"

17  "mold remediator," "professional mold remediator," or any

18  combination thereof unless the person has complied with the

19  provisions of this part.

20         (d)  Perform or offer to perform any mold assessment to

21  a structure on which the mold remediator or the mold

22  remediator's company provided a mold remediation within the

23  last 12 months.

24         (e)  Remediate for a fee any property in which the mold

25  remediator or the mold remediator's company has any financial

26  or transfer interest.

27         (f)  Accept any compensation, inducement, or reward

28  from a mold assessor or mold assessor's company for the

29  referral of any business from the mold assessor or the mold

30  assessor's company.

31  


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 1         (g)  Offer any compensation, inducement, or reward to a

 2  mold assessor or mold assessor's company for the referral of

 3  any business from the mold assessor or the mold assessor's

 4  company.

 5         (3)  Any person who violates any provision of this

 6  section commits:

 7         (a)  A misdemeanor of the second degree for a first

 8  violation, punishable as provided in s. 775.082 or s. 775.083.

 9         (b)  A misdemeanor of the first degree for a second

10  violation, punishable as provided in s. 775.082 or s. 775.083.

11         (c)  A felony of the third degree for a third or

12  subsequent violation, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         468.842  Disciplinary proceedings.--

15         (1)  The following acts constitute grounds for which

16  the disciplinary actions in subsection (2) may be taken:

17         (a)  Violation of any provision of this part or s.

18  455.227(1);

19         (b)  Attempting to procure a license to practice mold

20  assessment or mold remediation by bribery or fraudulent

21  misrepresentations;

22         (c)  Having a license to practice mold assessment or

23  mold remediation revoked, suspended, or otherwise acted

24  against, including the denial of licensure, by the licensing

25  authority of another state, territory, or country;

26         (d)  Being convicted or found guilty of, or entering a

27  plea of nolo contendere to, regardless of adjudication, a

28  crime in any jurisdiction that directly relates to the

29  practice of mold assessment or mold remediation or the ability

30  to practice mold assessment or mold remediation;

31  


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 1         (e)  Making or filing a report or record that the

 2  licensee knows to be false, willfully failing to file a report

 3  or record required by state or federal law, willfully impeding

 4  or obstructing such filing, or inducing another person to

 5  impede or obstruct such filing. Such reports or records shall

 6  include only those that are signed in the capacity of a

 7  registered mold assessor or mold remediator;

 8         (f)  Advertising goods or services in a manner that is

 9  fraudulent, false, deceptive, or misleading in form or

10  content;

11         (g)  Engaging in fraud or deceit, or of negligence,

12  incompetency, or misconduct, in the practice of mold

13  assessment or mold remediation;

14         (h)  Failing to perform any statutory or legal

15  obligation placed upon a licensed mold assessor or mold

16  remediator; violating any provision of this chapter, a rule of

17  the department, or a lawful order of the department previously

18  entered in a disciplinary hearing; or failing to comply with a

19  lawfully issued subpoena of the department; or

20         (i)  Practicing on a revoked, suspended, inactive, or

21  delinquent license.

22         (2)  When the department finds any mold assessor or

23  mold remediator guilty of any of the grounds set forth in

24  subsection (1), it may enter an order imposing one or more of

25  the following penalties:

26         (a)  Denial of an application for licensure.

27         (b)  Revocation or suspension of a license.

28         (c)  Imposition of an administrative fine not to exceed

29  $5,000 for each count or separate offense.

30         (d)  Issuance of a reprimand.

31  


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 1         (e)  Placement of the mold assessor or mold remediator

 2  on probation for a period of time and subject to such

 3  conditions as the department may specify.

 4         (f)  Restriction of the authorized scope of practice by

 5  the mold assessor or mold remediator.

 6         (3)  In addition to any other sanction imposed under

 7  this part, in any final order that imposes sanctions, the

 8  department may assess costs related to the investigation and

 9  prosecution of the case.

10         468.8421  Insurance.--

11         (1)  A mold assessor shall maintain general liability

12  and errors and omissions insurance coverage in an amount of

13  not less than $1,000,000.

14         (2)  A mold remediator shall maintain general liability

15  insurance policy in an amount of not less than $1,000,000 that

16  includes specific coverage for mold related claims.

17         468.8422  Contracts.--A contract to perform mold

18  assessment or mold remediation shall be in a document or

19  electronic record, signed or otherwise authenticated by the

20  parties. A mold assessment contract is not required to provide

21  estimates related to the cost of repair of an assessed

22  property. A mold assessment contract is not required to

23  provide estimates.

24         468.8423  Grandfather clause.--A person who performs

25  mold assessment or mold remediation as defined in this part

26  may qualify to be licensed by the department as a mold

27  assessor or mold remediator if the person meets the licensure

28  requirements of this part by July 1, 2010.

29         Section 4.  For the 2007-2008 fiscal year, two

30  full-time equivalent positions and 65,044 in associated salary

31  rate are authorized, and the sums of $100,371 in recurring


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 1  funds and $8,959 in nonrecurring funds from the Professional

 2  Regulation Trust Fund of the Department of Business and

 3  Professional Regulation are appropriated for the purpose of

 4  carrying out professional board activities related to this

 5  act. In addition, for the 2007-2008 fiscal year, one full-time

 6  equivalent position and 25,479 in associated salary rate are

 7  authorized, and the sums of $57,105 in recurring funds and

 8  $29,726 in nonrecurring funds from the Administrative Trust

 9  Fund of the Department of Business and Professional Regulation

10  are appropriated for the purpose of carrying out the central

11  administrative functions provided in this act.

12         Section 5.  This act shall take effect July 1, 2010.

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