HB 1659 2003
   
1 CHAMBER ACTION
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6          The Committee on Health Care recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to mold remediation; providing a popular
12    name; providing legislative purpose; providing the scope
13    of the act; defining terms; providing registration
14    requirements for mold assessment companies, mold
15    assessment consultants, mold remediation companies, mold
16    remediation contractors, and mold training providers;
17    requiring training; providing application procedures;
18    providing for fees; providing qualifications for
19    registration; providing for rules and orders of the
20    Construction Industry Licensing Board; prohibiting the
21    assignment of a registration; providing for replacement
22    certificates; prohibiting performing more than one
23    specified activity on a given project; providing for the
24    Department of Business and Professional Regulation to
25    issue reprimands and to modify, suspend, or revoke a
26    registration; providing guidelines for disciplinary
27    action; providing for rulemaking by the board and by the
28    department; providing an effective date.
29         
30          Be It Enacted by the Legislature of the State of Florida:
31         
32          Section 1. Sections 1-7 of this act shall be known by the
33    popular name of the "Mold Remediation Registration Act."
34          Section 2. Legislative purpose.--The Legislature finds it
35    necessary in the interest of the public safety and welfare, in
36    order to prevent damage to the real and personal property of the
37    residents of this state and to avert economic injury to the
38    residents of this state, to regulate individuals and companies
39    that hold themselves out to the public as qualified to perform
40    mold-related activities.
41          Section 3. Scope of act.--This act applies to any
42    individual or company that engages or offers to engage in the
43    business or profession of performing any mold-related activity
44    for compensation. This act does not apply to individuals or
45    companies licensed under chapter 471 or chapter 489, Florida
46    Statutes, when acting within the scope of their respective
47    licenses.
48          Section 4. Definitions.--As used in this act, the term:
49          (1) "Board" means the Construction Industry Licensing
50    Board.
51          (2) "Company" means any partnership, corporation, business
52    trust, joint venture, or other legal entity.
53          (3) "Department" means the Department of Business and
54    Professional Regulation.
55          (4) "Mold" means any fungi or related products or parts,
56    including spores, hyphae, and mycotoxins.
57          (5) "Mold assessment" means the performance of mold
58    assessments or mold-related assessments, investigations, or
59    surveys; the development of mold management plans or response
60    actions; or the collection or analysis of mold samples.
61          (6) "Mold assessment company" means a company that
62    performs mold assessments for compensation.
63          (7) "Mold assessment consultant" means an individual who
64    performs mold assessments for compensation.
65          (8) "Mold remediation" means the removal, cleaning, or
66    other treatment of mold or mold-contaminated matter, live or
67    dead, which was not intended to be grown, or purposely grown, at
68    that location.
69          (9) "Mold remediation company" means a company that
70    performs mold remediation for compensation.
71          (10) "Mold remediation contractor" means an individual who
72    performs mold remediation for compensation.
73          (11) "Mold-related activities" means the performance of
74    mold assessments or mold remediation or any other activities
75    conducted to assess or remediate mold.
76          (12) "Mold training provider" means an individual or
77    company that offers and conducts mold assessment or mold
78    remediation training for the fulfillment of specific training
79    requirements that are a prerequisite to registration under this
80    act.
81          (13) "Registrant" means an individual registered to engage
82    in a business or profession listed under this act or, if the
83    registrant is a company, the officers, partners, or other
84    individuals of a company registered to engage in a business or
85    profession listed under this act.
86          Section 5. Registration required; training; types;
87    application; fees; qualifications; rules and orders;
88    assignability; replacement; continuing education; multiple
89    services.--
90          (1) REGISTRATION REQUIRED.--An individual or a company
91    must hold a registration issued by the department under this act
92    before the individual or the company may act as or purport to
93    be:
94          (a) A mold assessment company;
95          (b) A mold assessment consultant;
96          (c) A mold remediation company;
97          (d) A mold remediation contractor; or
98          (e) A mold training provider.
99          (2) TRAINING REQUIRED FOR REGISTRATION.--An individual or
100    company may be registered to engage in a business or profession
101    listed under this act only if the individual or, if a company,
102    the officers or partners of the company, or other individuals
103    employed by the company, who will perform mold-related
104    activities for the company, complete all training required by
105    board rule.
106          (3) TYPES OF REGISTRATION; ISSUANCE.--An individual or a
107    company that meets the requirements for registration under this
108    act, and any education, experience, or other requirements
109    established by the board by rule, must be registered by the
110    department to perform the activities that are authorized under
111    each of the following types of registration:
112          (a) A company that performs mold assessments for
113    compensation must be registered as a mold assessment company.
114          (b) An individual who performs mold assessments for
115    compensation must be registered as a mold assessment consultant.
116          (c) A company that performs mold remediation for
117    compensation must be registered as a mold remediation company.
118          (d) An individual who performs mold remediation for
119    compensation must be registered as a mold remediation
120    contractor.
121          (e) A person that offers and conducts mold assessment or
122    mold remediation training for the fulfillment of specific
123    training requirements that are a prerequisite to registration
124    must be registered as a mold training provider.
125          (4) APPLICATION FOR REGISTRATION.--
126          (a) An applicant for a registration issued under this act
127    must apply to the department on the form prescribed by the
128    department.
129          (b) The application form must be completed, signed by the
130    applicant, and notarized and must include, if applicable:
131          1. The business name and address of the applicant.
132          2. Personal history information, business records, and
133    other relevant facts required by the department and, for an
134    applicant for a registration to engage in a business or
135    profession listed in this act, evidence of proof of compliance
136    with the insurance and incorporation requirements provided under
137    this act.
138          (c) For each application that an applicant submits, he or
139    she must pay a nonrefundable application fee set by the board.
140          (d) The department may, at any time after the application
141    is filed and before the registration expires, require the
142    applicant to provide additional written information and
143    assurances. The department may conduct any inspections or
144    require the production of any documentary or other evidence that
145    the department considers necessary to determine whether a
146    registration should be granted, delayed, or denied or whether an
147    existing registration should be modified, suspended, or revoked.
148          (5) REGISTRATION FEES; OTHER FEES.--
149          (a) The board by rule shall adopt a schedule of fees as
150    set forth in this section and may adopt any other fees that are
151    reasonable and necessary to administer this act. The department
152    shall collect the fees and deposit the proceeds in the General
153    Revenue Fund to the credit of an account that may be used only
154    by the department for the purposes of this act.
155          (b) Registration fees may not exceed $600 for each of the
156    required registrations.
157          (6) QUALIFICATIONS FOR REGISTRATION.--To qualify for
158    registration under this act, an individual must:
159          (a) Be at least 18 years of age.
160          (b) Be of good moral character.
161          (c) Have successfully met the requirements for
162    registration established under this act.
163          (d) Meet the eligibility requirements set by:
164          1. The American Hygiene Association;
165          2. The Indoor Air Quality Association;
166          3. The American Society of Safety Engineers; or
167          4. An equivalent educational program as determined by the
168    board.
169          (e) If the applicant is a mold assessment company, a mold
170    assessment consultant, or an individual performing mold
171    assessments for a mold assessment company, demonstrate
172    accreditation from a nationally recognized accrediting body or
173    authority, such as the American Industrial Hygiene Association
174    Laboratory Accreditation Program or an equivalent program
175    recognized by the National Cooperation on Laboratory
176    Accreditation as meeting the international standard for
177    competence.
178          (7) RULES AND ORDERS.--The terms and conditions of a
179    registration under this act are subject to rules adopted or
180    orders issued by the board in accordance with this act.
181          (8) ASSIGNABILITY.--A registration issued under this act
182    may not be assigned to another individual or company.
183          (9) REPLACEMENT CERTIFICATE.--A registrant may request a
184    replacement registration certificate by completing and
185    submitting an application as prescribed by the board.
186          (10) CONTINUING EDUCATION.--A registrant must annually
187    complete at least 15 hours of continuing education courses as
188    prescribed by the board by rule. The courses required under this
189    section must be provided by mold training providers registered
190    under this act. The registrant must submit proof of compliance
191    with the continuing education requirements along with the
192    application for renewal of registration.
193          (11) MULTIPLE SERVICES PROHIBITED.--A registrant may
194    perform only one of the following activities on the same
195    project:
196          (a) Mold or mold-related analysis or assessment; or
197          (b) Mold remediation.
198          Section 6. Reprimand; modification, suspension, or
199    revocation of registration.--
200          (1) After providing notice and an opportunity for hearing
201    to a registrant, the department shall reprimand the registrant
202    or modify, suspend, suspend on an emergency basis, or revoke a
203    registration issued under this act, if the registrant meets one
204    of the criteria for departmental action under subsection (3).
205          (2) If the department suspends a registration on an
206    emergency basis, the suspension is effective immediately. The
207    department shall provide an opportunity for a hearing within 20
208    days after the date of the emergency suspension.
209          (3) The board by rule shall adopt the criteria for
210    departmental action under this section. At a minimum, the
211    criteria must require disciplinary action against a registrant
212    who:
213          (a) Commits fraud or deception in obtaining or attempting
214    to obtain a registration or a contract to perform mold-related
215    activities;
216          (b) Fails at any time to meet the qualifications for a
217    registration;
218          (c) Violates a rule adopted under this act;
219          (d) Violates an applicable federal or state standard for
220    performance of mold-related activities; or
221          (e) Fails to maintain the records required by this act or
222    rule of the board or fails to provide such records on request by
223    the department.
224          (4) If a registration issued under this act has been
225    revoked, the individuals or companies named in the revocation
226    may not reapply for a registration for at least 5 years after
227    the date of revocation.
228          (5) The department may place on probation a company or an
229    individual whose registration is suspended. If an individual or
230    a company is placed on probation, the department may require the
231    individual or company to do one or more of the following:
232          (a) Report regularly to the department on matters that are
233    the basis of the probation.
234          (b) Limit practice to the areas prescribed by the board.
235          (c) Continue or review professional education until the
236    individual or company attains a degree of skill satisfactory to
237    the board in those areas that are the basis of the probation.
238          Section 7. Rules.--The department shall adopt rules
239    necessary to administer this act.
240          Section 8. This act shall take effect July 1, 2003.