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 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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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. |