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| 1 | CHAMBER ACTION | ||
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| 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. | ||