|
|
|
1
|
CHAMBER ACTION |
2
|
|
3
|
|
4
|
|
5
|
|
6
|
The Committee on Health Care recommends the following: |
7
|
|
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. |