| 1 | A bill to be entitled |
| 2 | An act relating to mold remediation; providing a popular |
| 3 | name; providing legislative purpose; providing the scope |
| 4 | of the act; defining terms; providing registration |
| 5 | requirements for mold assessment companies, mold |
| 6 | assessment consultants, mold remediation companies, mold |
| 7 | remediation contractors, and mold training providers; |
| 8 | requiring training; providing application procedures; |
| 9 | providing for fees; providing qualifications for |
| 10 | registration; providing for rules and orders of the |
| 11 | Construction Industry Licensing Board; prohibiting the |
| 12 | assignment of a registration; providing for replacement |
| 13 | certificates; prohibiting performing more than one |
| 14 | specified activity on a given project; providing for the |
| 15 | Department of Business and Professional Regulation to |
| 16 | issue reprimands and to modify, suspend, or revoke a |
| 17 | registration; providing guidelines for disciplinary |
| 18 | action; providing for rulemaking by the board and by the |
| 19 | department; providing an effective date. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
|
| 23 | Section 1. Sections 1-7 of this act may be known by the |
| 24 | popular name the "Mold Remediation Registration Act." |
| 25 | Section 2. Legislative purpose.--The Legislature finds it |
| 26 | necessary in the interest of the public safety and welfare, in |
| 27 | order to prevent damage to the real and personal property of the |
| 28 | residents of this state and to avert economic injury to the |
| 29 | residents of this state, to regulate individuals and companies |
| 30 | that hold themselves out to the public as qualified to perform |
| 31 | mold-related activities. |
| 32 | Section 3. Scope of act.--This act applies to any |
| 33 | individual or company that engages or offers to engage in the |
| 34 | business or profession of performing any mold-related activity |
| 35 | for compensation. This act does not apply to individuals or |
| 36 | companies licensed under chapter 471, chapter 482, or chapter |
| 37 | 489, Florida Statutes, when acting within the scope of their |
| 38 | respective licenses. |
| 39 | Section 4. Definitions.--As used in this act, the term: |
| 40 | (1) "Board" means the Construction Industry Licensing |
| 41 | Board. |
| 42 | (2) "Company" means any partnership, corporation, business |
| 43 | trust, joint venture, or other legal entity. |
| 44 | (3) "Department" means the Department of Business and |
| 45 | Professional Regulation. |
| 46 | (4) "Mold" means any fungi or related products or parts, |
| 47 | including spores, hyphae, and mycotoxins. |
| 48 | (5) "Mold assessment" means the performance of mold |
| 49 | assessments or mold-related assessments, investigations, or |
| 50 | surveys; the development of mold management plans or response |
| 51 | actions; or the collection or analysis of mold samples. |
| 52 | (6) "Mold assessment company" means a company that |
| 53 | performs mold assessments for compensation. |
| 54 | (7) "Mold assessment consultant" means an individual who |
| 55 | performs mold assessments for compensation. |
| 56 | (8) "Mold remediation" means the removal, cleaning, or |
| 57 | other treatment of mold or mold-contaminated matter, live or |
| 58 | dead, which was not intended to be grown, or purposely grown, at |
| 59 | that location. |
| 60 | (9) "Mold remediation company" means a company that |
| 61 | performs mold remediation for compensation. |
| 62 | (10) "Mold remediation contractor" means an individual who |
| 63 | performs mold remediation for compensation. |
| 64 | (11) "Mold-related activities" means the performance of |
| 65 | mold assessments or mold remediation or any other activities |
| 66 | conducted to assess or remediate mold. |
| 67 | (12) "Mold training provider" means an individual or |
| 68 | company that offers and conducts mold assessment or mold |
| 69 | remediation training for the fulfillment of specific training |
| 70 | requirements that are a prerequisite to registration under this |
| 71 | act. |
| 72 | (13) "Registrant" means an individual registered to engage |
| 73 | in a business or profession listed under this act or, if the |
| 74 | registrant is a company, the officers, partners, or other |
| 75 | individuals of a company registered to engage in a business or |
| 76 | profession listed under this act. |
| 77 | Section 5. Registration required; training; types; |
| 78 | application; fees; qualifications; rules and orders; |
| 79 | assignability; replacement; continuing education; multiple |
| 80 | services.-- |
| 81 | (1) REGISTRATION REQUIRED.--An individual or a company |
| 82 | must hold a registration issued by the department under this act |
| 83 | before the individual or the company may act as or purport to |
| 84 | be: |
| 85 | (a) A mold assessment company; |
| 86 | (b) A mold assessment consultant; |
| 87 | (c) A mold remediation company; |
| 88 | (d) A mold remediation contractor; or |
| 89 | (e) A mold training provider. |
| 90 | (2) TRAINING REQUIRED FOR REGISTRATION.--An individual or |
| 91 | company may be registered to engage in a business or profession |
| 92 | listed under this act only if the individual or, if a company, |
| 93 | the officers or partners of the company, or other individuals |
| 94 | employed by the company, who will perform mold-related |
| 95 | activities for the company, complete all training required by |
| 96 | board rule. |
| 97 | (3) TYPES OF REGISTRATION; ISSUANCE.--An individual or a |
| 98 | company that meets the requirements for registration under this |
| 99 | act, and any education, experience, or other requirements |
| 100 | established by the board by rule, must be registered by the |
| 101 | department to perform the activities that are authorized under |
| 102 | each of the following types of registration: |
| 103 | (a) A company that performs mold assessments for |
| 104 | compensation must be registered as a mold analysis company. |
| 105 | (b) An individual who performs mold assessments for |
| 106 | compensation must be registered as a mold assessment consultant. |
| 107 | (c) A company that performs mold remediation for |
| 108 | compensation must be registered as a mold remediation company. |
| 109 | (d) An individual who performs mold remediation for |
| 110 | compensation must be registered as a mold remediation |
| 111 | contractor. |
| 112 | (e) A person that offers and conducts mold assessment or |
| 113 | mold remediation training for the fulfillment of specific |
| 114 | training requirements that are a prerequisite to registration |
| 115 | must be registered as a mold training provider. |
| 116 | (4) APPLICATION FOR REGISTRATION.-- |
| 117 | (a) An applicant for a registration issued under this act |
| 118 | must apply to the department on the form prescribed by the |
| 119 | department. |
| 120 | (b) The application form must be completed, signed by the |
| 121 | applicant, and notarized and must include, if applicable: |
| 122 | 1. The business name and address of the applicant. |
| 123 | 2. Personal history information, business records, and |
| 124 | other relevant facts required by the department and, for an |
| 125 | applicant for a registration to engage in a business or |
| 126 | profession listed in this act, evidence of proof of compliance |
| 127 | with the insurance and incorporation requirements provided under |
| 128 | this act. |
| 129 | (c) For each application that an applicant submits, he or |
| 130 | she must pay a nonrefundable application fee set by the board. |
| 131 | (d) The department may, at any time after the application |
| 132 | is filed and before the registration expires, require the |
| 133 | applicant to provide additional written information and |
| 134 | assurances. The department may conduct any inspections or |
| 135 | require the production of any documentary or other evidence that |
| 136 | the department considers necessary to determine whether a |
| 137 | registration should be granted, delayed, or denied or whether an |
| 138 | existing registration should be modified, suspended, or revoked. |
| 139 | (5) REGISTRATION FEES; OTHER FEES.-- |
| 140 | (a) The board by rule shall adopt a schedule of fees as |
| 141 | set forth in this section and may adopt any other fees that are |
| 142 | reasonable and necessary to administer this act. The department |
| 143 | shall collect the fees and deposit the proceeds in the |
| 144 | Professional Regulation Trust Fund. Funds deposited pursuant to |
| 145 | this act may be used only by the department for the purposes of |
| 146 | this act. |
| 147 | (b) Registration fees may not exceed $600 for each of the |
| 148 | required registrations. |
| 149 | (6) QUALIFICATIONS FOR REGISTRATION.--To qualify for |
| 150 | registration under this act, an individual must: |
| 151 | (a) Be at least 18 years of age. |
| 152 | (b) Be of good moral character. |
| 153 | (c) Have successfully met the requirements for |
| 154 | registration established under this act. |
| 155 | (d) Meet the eligibility requirements set by: |
| 156 | 1. The American Industrial Hygiene Association; |
| 157 | 2. The Indoor Air Quality Association; |
| 158 | 3. The American Society of Safety Engineers; or |
| 159 | 4. An equivalent educational program as determined by the |
| 160 | board. |
| 161 | (e) If the applicant is a mold assessment company, a mold |
| 162 | assessment consultant, or an individual performing mold |
| 163 | assessments for a mold assessment company, demonstrate |
| 164 | accreditation from a nationally recognized accrediting body or |
| 165 | authority, such as the American Industrial Hygiene Association |
| 166 | Laboratory Accreditation Program or an equivalent program |
| 167 | recognized by the National Cooperation on Laboratory |
| 168 | Accreditation as meeting the international standard for |
| 169 | competence. |
| 170 | (7) RULES AND ORDERS.--The terms and conditions of a |
| 171 | registration under this act are subject to rules adopted or |
| 172 | orders issued by the board in accordance with this act. |
| 173 | (8) ASSIGNABILITY.--A registration issued under this act |
| 174 | may not be assigned to another individual or company. |
| 175 | (9) REPLACEMENT CERTIFICATE.--A registrant may request a |
| 176 | replacement registration certificate by completing and |
| 177 | submitting an application as prescribed by the board. |
| 178 | (10) CONTINUING EDUCATION.--A registrant must annually |
| 179 | complete at least 15 hours of continuing education courses as |
| 180 | prescribed by the board by rule. The courses required under this |
| 181 | section must be provided by mold training providers registered |
| 182 | under this act. The registrant must submit proof of compliance |
| 183 | with the continuing education requirements along with the |
| 184 | application for renewal of registration. |
| 185 | (11) MULTIPLE SERVICES PROHIBITED.--A registrant may |
| 186 | perform only one of the following activities on the same |
| 187 | project: |
| 188 | (a) Mold or mold-related analysis or assessment; or |
| 189 | (b) Mold remediation. |
| 190 | Section 6. Reprimand; modification, suspension, or |
| 191 | revocation of registration.-- |
| 192 | (1) After providing notice and an opportunity for hearing |
| 193 | to a registrant, the department shall reprimand the registrant |
| 194 | or modify, suspend, suspend on an emergency basis, or revoke a |
| 195 | registration issued under this act, if the registrant meets one |
| 196 | of the criteria for departmental action under subsection (3). |
| 197 | (2) If the department suspends a registration on an |
| 198 | emergency basis, the suspension is effective immediately. The |
| 199 | department shall provide an opportunity for a hearing within 20 |
| 200 | days after the date of the emergency suspension. |
| 201 | (3) The board by rule shall adopt the criteria for |
| 202 | departmental action under this section. At a minimum, the |
| 203 | criteria must require disciplinary action against a registrant |
| 204 | who: |
| 205 | (a) Commits fraud or deception in obtaining or attempting |
| 206 | to obtain a registration or a contract to perform mold-related |
| 207 | activities; |
| 208 | (b) Fails at any time to meet the qualifications for a |
| 209 | registration; |
| 210 | (c) Violates a rule adopted under this act; |
| 211 | (d) Violates an applicable federal or state standard for |
| 212 | performance of mold-related activities; or |
| 213 | (e) Fails to maintain the records required by this act or |
| 214 | rule of the board or fails to provide such records on request by |
| 215 | the department. |
| 216 | (4) If a registration issued under this act has been |
| 217 | revoked, the individuals or companies named in the revocation |
| 218 | may not reapply for a registration for at least 5 years after |
| 219 | the date of revocation. |
| 220 | (5) The department may place on probation a company or an |
| 221 | individual whose registration is suspended. If an individual or |
| 222 | a company is placed on probation, the department may require the |
| 223 | individual or company to do one or more of the following: |
| 224 | (a) Report regularly to the department on matters that are |
| 225 | the basis of the probation. |
| 226 | (b) Limit practice to the areas prescribed by the board. |
| 227 | (c) Continue or review professional education until the |
| 228 | individual or company attains a degree of skill satisfactory to |
| 229 | the board in those areas that are the basis of the probation. |
| 230 | Section 7. Rules.--The department shall adopt rules |
| 231 | pursuant to ss. 120.536(1) and 120.54 necessary to administer |
| 232 | this act. |
| 233 | Section 8. This act shall take effect July 1, 2004. |