HB 1215

CS

CHAMBER ACTION

2	The Committee on Business Regulation recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to mold assessment and mold remediation;
8	creating pt. IV of ch. 489, F.S.; providing legislative
9	purpose; providing scope of the act; providing exemptions;
10	defining terms; providing for fees relating to licensure
11	of mold assessors and mold remediators; providing for
12	licensure examinations; requiring good moral character, as
13	specified; providing prerequisites to licensure; providing
14	for the licensure of business organizations; providing for
15	qualifying agents; providing for fees; providing
16	responsibilities of primary and secondary qualifying
17	agents and of financially responsible officers;
18	establishing requirements for continuing education;
19	providing that the Construction Industry Licensing Board
20	must approve training courses and training providers for
21	mold assessors and mold remediators; providing for
22	assessing penalties; providing for renewal of licensure;
23	providing for rulemaking; providing for reactivation of
24	licensure; providing for disciplinary proceedings;
25	establishing prohibitions; providing for penalties;
26	prohibiting performing more than one specified activity on
27	a given project; creating a technical advisory committee;
28	providing for membership, meetings, removal of members;
29	setting a quorum; providing for reimbursement for per diem
30	and travel expenses; requiring the department to provide
31	staff support and to maintain and make available to the
32	public the committee minutes and records; providing for
33	financial review; providing for notice and opportunity to
34	repair mold damage in accordance with the provisions of
35	ch. 558; providing a statute of limitations; amending s.
36	489.107, F.S.; adding to the board a member who is a mold
37	assessor or mold remediator; providing severability;
38	providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Part IV of chapter 489, Florida Statutes,
43	entitled "Mold Assessment and Mold Remediation" and consisting
44	of ss. 489.601, 489.602, 489.603, 489.604, 489.605, 489.606,
45	489.607, 489.608, 489.609, 489.61, 489.611, 489.612, 489.613,
46	489.614, 489.615, 489.616, and 489.617, is created.
47	Section 2.  Section 489.601, Florida Statutes, is created
48	to read:
49	489.601  Legislative purpose.--The Legislature finds it
50	necessary in the interest of the public health, safety, and
51	welfare in order to prevent damage to the real and personal
52	property of the residents of this state and to avert economic
53	injury to the residents of this state to regulate individuals
54	and companies that hold themselves out to the public as
55	qualified to perform mold-related activities.
56	Section 3.  Section 489.602, Florida Statutes, is created
57	to read:
58	489.602  Scope of part.--This part applies only to
59	individuals and companies conducting mold assessment and mold
60	remediation for compensation.
61	Section 4.  Section 489.603, Florida Statutes, is created
62	to read:
63	489.603  Exemptions.--This part does not apply to:
64	(1)  Individuals or business organizations licensed under
65	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
66	or on behalf of an insurer under part VI of chapter 626, when
67	acting within the scope of their respective licenses.
68	(2)  An authorized employee of the United States, this
69	state, or any municipality, county, or other political
70	subdivision, public or private school, or private business
71	organization who has completed mold assessment or mold
72	remediation training courses approved by the board or a
73	certification program approved by the board and who is
74	conducting mold assessment or mold remediation within the scope
75	of that employment, as long as the employee does not hold out
76	for hire or otherwise engage in mold assessment or mold
77	remediation.
78	(3)  A full-time employee engaged in routine maintenance of
79	private buildings, structures, and facilities as long as the
80	employee does not hold out for hire or otherwise engage in mold
81	assessment or mold remediation.
82	Section 5.  Section 489.604, Florida Statutes, is created
83	to read:
84	489.604  Definitions.--As used in this part, the term:
85	(1)  "Board" means the Construction Industry Licensing
86	Board.
87	(2)  "Business organization" means any partnership,
88	corporation, business trust, joint venture, or other business
89	organization.
90	(3)  "Department" means the Department of Business and
91	Professional Regulation.
92	(4)  "Mold" means an organism of the class fungi that
93	causes disintegration of organic matter and produces spores. The
94	term "mold" also includes any spores, hyphae, and mycotoxins
95	produced by "mold."
96	(5)  "Mold assessment" means:
97	(a)  An inspection, investigation, or survey of a dwelling
98	or other structure to provide the owner or occupant with
99	information regarding the presence, identification, or
100	evaluation of mold;
101	(b)  The development of a mold management plan or
102	remediation protocol; or
103	(c)  The collection or analysis of a mold sample.
104	(6)  "Mold assessor" means any person or business
105	organization that performs a mold assessment.
106	(7)  "Mold remediation" means the removal, cleaning,
107	sanitizing, demolition, or other treatment, including preventive
108	activities, of mold or mold-contaminated matter that was not
109	purposely grown at that location.
110	(8)  "Mold remediator" means any person or business
111	organization that performs mold remediation. A mold remediator
112	may not perform any work that requires a license under this part
113	unless the mold remediator is also licensed under that chapter.
114	(9)  "Primary qualifying agent" means a person who
115	possesses the requisite skill, knowledge, and experience, and
116	has the responsibility, to supervise, direct, manage, and
117	control the mold assessment or mold remediation activities of
118	the business organization with which he or she is connected; who
119	has the responsibility to supervise, direct, manage, and control
120	mold assessment or mold remediation activities; and whose
121	technical and personal qualifications have been determined by
122	investigation and examination as provided in this part, as
123	attested by the department.
124	(10)  "Secondary qualifying agent" means a person who
125	possesses the requisite skill, knowledge, and experience, and
126	has the responsibility, to supervise, direct, manage, and
127	control mold assessment and mold remediation activities, and
128	whose technical and personal qualifications have been determined
129	by investigation and examination as provided in this part, as
130	attested by the department.
131	Section 6.  Section 489.605, Florida Statutes, is created
132	to read:
133	489.605  Fees.--The board shall, by rule, establish
134	reasonable fees to be paid for applications, examinations,
135	licensing and renewal, recordmaking, and recordkeeping. Fees for
136	application, initial licensure, license renewal, or license
137	reactivation for mold assessors or mold remediators may not
138	exceed $500 per applicant. The board may, by rule, establish
139	late renewal penalty fees, in an amount not to exceed the
140	initial licensure fee.
141	Section 7.  Section 489.606, Florida Statutes, is created
142	to read:
143	489.606  Examination.--
144	(1)  A person who desires to be licensed as a mold assessor
145	or mold remediator must apply to the department for licensure.
146	(2)  An applicant may take the licensure examination to
147	practice in this state as a mold assessor or mold remediator if
148	the applicant is of good moral character, is a graduate of an
149	approved course of study in mold assessment or mold remediation,
150	and has a specific experience record as prescribed by rule.
151	(3)  The board shall adopt rules providing for the review
152	and approval of mold assessment and mold remediation training
153	programs. The board may adopt rules providing for the acceptance
154	of the approval and accreditation of schools and courses of
155	study by nationally accepted accreditation organizations.
156	(4)(a)  Good moral character means a personal history of
157	honesty, fairness, and respect for the rights of others and for
158	the laws of this state and nation.
159	(b)  The board may refuse to certify an applicant for
160	failure to satisfy this requirement only if:
161	1.  The board finds that there is a substantial connection
162	between the lack of good moral character of the applicant and
163	the professional responsibilities of a mold assessor or mold
164	remediator; and
165	2.  This finding is supported by clear and convincing
166	evidence.
167	(c)  If an applicant is found to be unqualified for a
168	license because of a lack of good moral character, the board
169	must furnish to the applicant a statement containing the
170	findings of the board, a complete record of the evidence upon
171	which the determination was based, and a notice of the rights of
172	the applicant to a rehearing and appeal.
173	Section 8.  Section 489.607, Florida Statutes, is created
174	to read:
175	489.607  Licensure.--The department shall license any
176	applicant who the board certifies is qualified to practice mold
177	assessment or mold remediation and who:
178	(1)  Pays the initial licensing fee;
179	(2)  Submits with the application for licensure as a mold
180	assessor or a mold remediator evidence that he or she has
181	successfully completed the board-approved courses as prescribed
182	by rule;
183	(3)  Provides evidence of financial stability; and
184	(4)(a)  Passes a department-approved examination of
185	qualifications and knowledge relating to mold assessment and
186	mold remediation; or
187	(b)  In lieu of passing a department-approved examination,
188	shows proof that he or she has been certified by an organization
189	that requires the same testing and examination as the department
190	requires.
191	Section 9.  Section 489.608, Florida Statutes, is created
192	to read:
193	489.608  Licensure of business organizations; qualifying
194	agents.--
195	(1)  If an individual proposes to engage in mold
196	remediation or mold assessment in that individual's own name,
197	the license may be issued only to that individual.
198	(2)(a)  If the applicant proposes to engage in mold
199	remediation or mold assessment as a business organization in any
200	name other than the applicant's legal name, the business
201	organization must apply for licensure through a qualifying agent
202	or the individual applicant must apply for licensure under the
203	fictitious name.
204	(b)  The application must state the name of the business
205	organization and of each of its partners, the name of the
206	corporation and of each of its officers and directors and the
207	name of each of its stockholders who is also an officer or
208	director, the name of the business trust and of each of its
209	trustees, or the name of such other business organization and of
210	each of its members.
211	1.  The application for primary qualifying agent must
212	include an affidavit on a form provided by the department which
213	attests that the applicant's signature is required on all
214	checks, drafts, or payments, regardless of the form of payment,
215	made by the business organization, and that the applicant has
216	final approval authority for all work performed by the business
217	organization.
218	2.  The application for financially responsible officer
219	must include an affidavit on a form provided by the department
220	which attests that the applicant's signature is required on all
221	checks, drafts, or payments, regardless of the form of payment,
222	made by the business organization, and that the applicant has
223	authority to act for the business organization in all financial
224	matters.
225	3.  The application for secondary qualifying agent must
226	include an affidavit on a form provided by the department which
227	attests that the applicant has authority to supervise all mold
228	assessment or mold remediation work performed by the business
229	organization as provided in s. 489.614.
230	(c)  As a prerequisite to the issuance of a license under
231	this section, the applicant must submit:
232	1.  An affidavit on a form provided by the department which
233	attests that the applicant has obtained workers' compensation
234	insurance as required by chapter 440, public liability
235	insurance, and property damage insurance, in amounts determined
236	by board rule. Such insurance shall include coverage for an
237	applicant's failure to properly perform mold assessment or mold
238	remediation. The department shall, by rule, establish a
239	procedure to verify the accuracy of such affidavits based upon a
240	random sample method.
241	2.  Evidence of financial responsibility. The board shall
242	adopt rules to determine financial responsibility which specify
243	grounds on which the department may deny licensure. Such
244	criteria must include, but need not be limited to, credit
245	history and limits of bondability and credit.
246
247	Continuing proof of all insurance coverages referenced in this
248	paragraph shall be a requisite condition to maintaining a
249	license issued under this part.
250	(d)  A joint venture, including a joint venture composed of
251	qualified business organizations, is a separate and distinct
252	organization that must be qualified in accordance with
253	department rules.
254	(e)  A license that is issued upon application of a
255	business organization must be in the name of the business
256	organization, and the name of the qualifying agent must be noted
257	thereon. If there is a change in any information that is
258	required to be stated on the application, the business
259	organization shall, within 45 days after the change occurs, mail
260	the correct information to the department.
261	(f)  The applicant must furnish evidence of statutory
262	compliance if a fictitious name is used, notwithstanding s.
263	865.09(7).
264	(3)  The qualifying agent must be licensed under this part
265	in order for the business organization to be licensed. If the
266	qualifying agent ceases to be affiliated with the business
267	organization, the agent must so inform the department. In
268	addition, if the qualifying agent is the only licensed
269	individual affiliated with the business organization, the
270	business organization must notify the department of the
271	termination of the qualifying agent, and the business
272	organization has 60 days after the termination of the qualifying
273	agent's affiliation with the business organization in which to
274	employ another qualifying agent. The business organization may
275	not engage in mold assessment or mold remediation until a
276	qualifying agent is employed, unless the department has granted
277	a temporary nonrenewable license to the financially responsible
278	officer, the president, a partner, or, in the case of a limited
279	partnership, the general partner, who assumes all
280	responsibilities of a primary qualifying agent for the business
281	organization. This temporary license allows the business
282	organization to proceed only with incomplete contracts.
283	(4)(a)  The qualifying agent shall inform the department in
284	writing if the agent proposes to engage in mold assessment or
285	mold remediation in the agent's own name or in affiliation with
286	another business organization, and the agent or the new business
287	organization shall supply the same information to the department
288	as is required of initial applicants under this part.
289	(b)  Upon a favorable determination by the board, after
290	investigation of the financial responsibility, credit, and
291	business reputation of the qualifying agent and the new business
292	organization, the board shall issue, without any examination, a
293	new license in the business organization's name, and the name of
294	the qualifying agent must be noted thereon.
295	(5)(a)  Each mold assessor or mold remediator shall affix
296	the mold assessor's or mold remediator's signature and license
297	number to each document prepared or approved for use by the
298	licensee which is related to any mold assessment or mold
299	remediation project and filed for public record with a
300	governmental agency, and to any offer, bid, or contract
301	submitted to a client.
302	(b)  The license number of each mold assessor or mold
303	remediator must appear in any printed matter or any newspaper,
304	airwave transmission, phone directory, or other advertising
305	medium offering or related to mold assessment or mold
306	remediation, as provided by department rule.
307	(6)  Each qualifying agent shall pay the department an
308	amount equal to the original fee for licensure of a new business
309	organization. If the qualifying agent for a business
310	organization desires to qualify additional business
311	organizations, the board shall require the agent to present
312	evidence of ability and financial responsibility of each such
313	organization. The issuance of such certificate of authority is
314	discretionary with the board.
315	Section 10.  Section 489.609, Florida Statutes, is created
316	to read:
317	489.609  Responsibilities.--
318	(1)  A qualifying agent is a primary qualifying agent
319	unless he or she is a secondary qualifying agent under this
320	section.
321	(a)  All primary qualifying agents for a business
322	organization are jointly and equally responsible for supervision
323	of all operations of the business organization; for all field
324	work at all sites; and for financial matters, both for the
325	organization in general and for each specific job.
326	(b)  Upon approval by the board, a business organization
327	may designate a financially responsible officer for purposes of
328	licensure. A financially responsible officer shall be
329	responsible for all financial aspects of the business
330	organization and may not be designated as the primary qualifying
331	agent. The designated financially responsible officer shall
332	furnish evidence of his or her financial responsibility, credit,
333	and business reputation, or that of the business organization he
334	or she desires to qualify, as determined appropriate by the
335	board.
336	(c)  If a business organization has a licensed financially
337	responsible officer, the primary qualifying agent is responsible
338	for all mold assessment or mold remediation activities of the
339	business organization, both in general and for each specific
340	job.
341	(d)  The board shall adopt rules prescribing the
342	qualifications for financially responsible officers, including
343	net worth, cash, and bonding requirements. These qualifications
344	must be at least as extensive as the requirements for the
345	financial responsibility of qualifying agents.
346	(2)(a)  One of the qualifying agents for a business
347	organization that has more than one qualifying agent may be
348	designated as the sole primary qualifying agent for the business
349	organization by a joint agreement that is executed, on a form
350	provided by the board, by all qualifying agents for the business
351	organization.
352	(b)  The joint agreement must be submitted to the board for
353	approval. If the board determines that the joint agreement is in
354	good order, it must approve the designation and immediately
355	notify the qualifying agents of its approval. The designation
356	made by the joint agreement is effective upon receipt of the
357	notice by the qualifying agents.
358	(c)  The qualifying agent designated for a business
359	organization by a joint agreement is the sole primary qualifying
360	agent for the business organization, and all other qualifying
361	agents for the business organization are secondary qualifying
362	agents.
363	(d)  A designated sole primary qualifying agent has all the
364	responsibilities and duties of a primary qualifying agent,
365	notwithstanding that there are secondary qualifying agents for
366	specified jobs. The designated sole primary qualifying agent is
367	jointly and equally responsible with secondary qualifying agents
368	for field work supervision.
369	(e)  A secondary qualifying agent is responsible only for
370	any work for which he or she accepts responsibility.
371	(f)  A secondary qualifying agent is not responsible for
372	supervision of financial matters.
373	(3)(a)  A qualifying agent who has been designated by a
374	joint agreement as the sole primary qualifying agent for a
375	business organization may terminate this status by giving actual
376	notice to the business organization, to the board, and to all
377	secondary qualifying agents of his or her intention to terminate
378	this status. The notice to the board must include proof
379	satisfactory to the board that the qualifying agent has given
380	the notice required in this paragraph.
381	(b)  The status of the qualifying agent ceases upon the
382	designation of a new primary qualifying agent or 60 days after
383	satisfactory notice of termination has been provided to the
384	board, whichever occurs first.
385	(c)  If a new primary qualifying agent has not been
386	designated within 60 days, all secondary qualifying agents for
387	the business organization become primary qualifying agents
388	unless the joint agreement specifies that one or more of them
389	become sole qualifying agents under such circumstances, in which
390	case only the specified secondary qualifying agents become sole
391	qualifying agents.
392	(d)  Any change in the status of a qualifying agent is
393	prospective only. A qualifying agent is not responsible for his
394	or her predecessor's actions but is responsible, even after a
395	change in status, for matters for which he or she was
396	responsible while in a particular status.
397	Section 11.  Section 489.61, Florida Statutes, is created
398	to read:
399	489.61  Continuing education.--
400	(1)  A licensee must annually complete 15 hours of
401	continuing education courses as prescribed by board rule.
402	(2)  The courses required under this section must be
403	offered and provided by mold training providers licensed under
404	this part and must be approved by the board.
405	(3)  The licensee must submit proof of compliance with the
406	continuing education requirements along with the licensee's
407	application for license renewal.
408	Section 12.  Section 489.611, Florida Statutes, is created
409	to read:
410	489.611  Approval of mold assessor and mold remediator
411	training courses and providers.--
412	(1)  The board shall approve training courses and the
413	providers of such courses as are required under this part. The
414	board must also approve training courses and the providers of
415	such courses who offer training for persons who are exempt from
416	licensure under this part.
417	(2)  The board shall, by rule, prescribe criteria for
418	approving training courses and course providers and may, by
419	rule, modify the training required by this part.
420	(3)  The board may enter into agreements with other states
421	for the reciprocal approval of training courses or the providers
422	of training courses.
423	(4)  The board shall, by rule, establish reasonable fees in
424	an amount not to exceed the cost of evaluation, approval, and
425	recordmaking and recordkeeping of training courses and providers
426	of training courses.
427	(5)  The board may impose against a provider of training
428	courses any penalty that it may impose against a licensee under
429	this part or s. 455.227, may decline to approve courses, and may
430	withdraw approval of courses proposed by a provider who has, or
431	whose agent has, been convicted of, pled guilty or nolo
432	contendere to, or entered into a stipulation or consent
433	agreement relating to, without regard to adjudication, any crime
434	or administrative violation in any jurisdiction which involves
435	fraud, deceit, or false or fraudulent representations made in
436	the course of seeking approval of or providing training courses.
437	Section 13.  Section 489.612, Florida Statutes, is created
438	to read:
439	489.612  Renewal of license.--
440	(1)  The department shall renew a license upon receipt of
441	the renewal application and fee, upon proof of compliance with
442	the continuing education requirements of s. 489.61, and, if a
443	demonstration of competency is required by law or rule, upon
444	certification by the board that the licensee has satisfactorily
445	demonstrated his or her competence in mold assessment and mold
446	remediation.
447	(2)  The department shall adopt rules establishing a
448	procedure for the biennial renewal of licenses.
449	Section 14.  Section 489.613, Florida Statutes, is created
450	to read:
451	489.613  Reactivation.--
452	(1)  The board shall, by rule, prescribe continuing
453	education requirements for reactivating a license. The
454	continuing education requirements for reactivating a license for
455	a licensed mold assessor or mold remediator may not exceed 15
456	classroom hours for each year the license was inactive.
457	(2)  The board shall adopt rules relating to licenses that
458	have become inactive and for the renewal of inactive licenses.
459	The board shall, by rule, prescribe a fee not to exceed $50 for
460	the reactivation of an inactive license and a fee not to exceed
461	$50 for the renewal of an inactive license.
462	Section 15.  Section 489.614, Florida Statutes, is created
463	to read:
464	489.614  Disciplinary proceedings.--
465	(1)  The board may revoke, suspend, or deny the issuance or
466	renewal of a license; reprimand, censure, or place on probation
467	any mold assessor or mold remediator; require financial
468	restitution to a consumer; impose an administrative fine not to
469	exceed $5,000 per violation; require continuing education; or
470	assess costs associated with any investigation and prosecution,
471	if the mold assessor or mold remediator is found guilty of any
472	of the following acts:
473	(a)  Obtaining a license or certificate of authority by
474	fraud or misrepresentation.
475	(b)  Being convicted or found guilty of, or entering a plea
476	of nolo contendere to, regardless of adjudication, a crime in
477	any jurisdiction which directly relates to the practice of mold
478	assessment or mold remediation or the ability to practice mold
479	assessment or mold remediation.
480	(c)  Violating any provision of chapter 455.
481	(d)  Performing any act that assists a person or entity in
482	engaging in the prohibited unlicensed practice of mold
483	assessment or mold remediation, if the licensee knows or has
484	reasonable grounds to know that the person or entity was
485	unlicensed.
486	(e)  Knowingly combining or conspiring with an unlicensed
487	person by allowing his or her license or certificate of
488	authority to be used by the unlicensed person with intent to
489	evade any provision of this part. If a licensee allows his or
490	her license to be used by one or more business organizations
491	without having any active participation in the operations,
492	management, or control of the business organizations, such an
493	act constitutes prima facie evidence of an intent to evade the
494	provisions of this part.
495	(f)  Acting in the capacity of a mold assessor or mold
496	remediator under any license issued under this part except in
497	the name of the licensee as set forth on the issued license.
498	(g)  Committing mismanagement or misconduct in the practice
499	of mold assessment or mold remediation which causes financial
500	harm to a customer. Financial mismanagement or misconduct occurs
501	when:
502	1.  Valid liens have been recorded against the property of
503	a mold assessor's or mold remediator's customer for supplies or
504	services ordered by the mold assessor or mold remediator for the
505	customer's job; the mold assessor or mold remediator has
506	received funds from the customer to pay for the supplies or
507	services; and the mold assessor or mold remediator has not had
508	the liens removed from the property, by payment or by bond,
509	within 75 days after the date of such liens;
510	2.  The mold assessor or mold remediator has abandoned a
511	customer's job and the percentage of completion is less than the
512	percentage of the total contract price paid to the mold assessor
513	or mold remediator as of the time of abandonment, unless the
514	contractor is entitled to retain such funds under the terms of
515	the contract or refunds the excess funds within 30 days after
516	the date the job is abandoned; or
517	3.  The mold assessor's or mold remediator's job has been
518	completed, and it is shown that the customer has had to pay more
519	for the contracted job than the original contract price, as
520	adjusted for subsequent change orders, unless the increase in
521	cost was the result of circumstances beyond the control of the
522	assessor or remediator, was the result of circumstances caused
523	by the customer, or was otherwise permitted by the terms of the
524	contract between the mold assessor or mold remediator and the
525	customer.
526	(h)  Being disciplined by a municipality or county for an
527	act or violation of this part.
528	(i)  Failing in any material respect to comply with this
529	part or violating a rule or lawful order of the department.
530	(j)  Abandoning a mold assessment or mold remediation
531	project in which the mold assessor or mold remediator is engaged
532	or under contract as a mold assessor or mold remediator. A
533	project is presumed abandoned after 20 days if the mold assessor
534	or mold remediator has terminated the project without just cause
535	and without proper notification to the owner, including the
536	reason for termination; if the mold assessor or mold remediator
537	has failed to reasonably secure the project to safeguard the
538	public while work is stopped; or if the mold assessor or mold
539	remediator fails to perform work without just cause for 20 days.
540	(k)  Signing a statement with respect to a project or
541	contract falsely indicating that the work is bonded; falsely
542	indicating that payment has been made for all subcontracted
543	work, labor, and materials which results in a financial loss to
544	the owner, purchaser, or mold assessor or mold remediator; or
545	falsely indicating that workers' compensation and public
546	liability insurance are provided.
547	(l)  Committing fraud or deceit in the practice of mold
548	assessment or mold remediation.
549	(m)  Committing incompetency or misconduct in the practice
550	of mold assessment or mold remediation.
551	(n)  Committing gross negligence, repeated negligence, or
552	negligence resulting in a significant danger to life or property
553	in the practice of mold assessment or mold remediation.
554	(o)  Failing to satisfy, within a reasonable time, the
555	terms of a civil judgment obtained against the licensee, or the
556	business organization qualified by the licensee, relating to the
557	practice of the licensee's profession.
558
559	For the purposes of this subsection, mold assessment or mold
560	remediation is considered to be commenced when the contract is
561	executed and the mold assessor or mold remediator has accepted
562	funds from the customer or lender.
563	(2)  If a mold assessor or mold remediator disciplined
564	under subsection (1) is a qualifying agent for a business
565	organization and the violation was performed in connection with
566	any mold assessment, mold assessment-related activities, mold
567	remediation, or mold remediation-related activities undertaken
568	by that business organization, the board may impose an
569	additional administrative fine not to exceed $5,000 per
570	violation against the business organization or against any
571	partner, officer, director, trustee, or member of the
572	organization if that person participated in the violation or
573	knew or should have known of the violation and failed to take
574	reasonable corrective action.
575	(3)  The board may, by rule, specify the acts or omissions
576	that constitute violations of this section.
577	(4)  In recommending penalties in any proposed recommended
578	final order, the department shall follow the penalty guidelines
579	established by the board by rule. The department shall advise
580	the administrative law judge of the appropriate penalty,
581	including mitigating and aggravating circumstances, and the
582	specific rule citation.
583	(5)  The board may not reinstate the license or certificate
584	of authority of, or cause a license or certificate of authority
585	to be issued to, a person who or business organization that the
586	board has determined is unqualified or whose license or
587	certificate of authority the board has suspended, until it is
588	satisfied that the person or business organization has complied
589	with all the terms and conditions set forth in the final order
590	and is capable of competently engaging in the business of mold
591	assessment or mold remediation.
592	(6)(a)  The board may assess interest or penalties on all
593	fines imposed under this part against any person or business
594	organization that has not paid the imposed fine by the due date
595	established by rule or final order. Chapter 120 does not apply
596	to such assessment. Interest rates to be imposed must be
597	established by rule and may not be usurious.
598	(7)  The board may not issue a license or certificate of
599	authority, or a renewal thereof, to any person or business
600	organization that has been assessed a fine, interest, or costs
601	associated with investigation and prosecution, or has been
602	ordered to pay restitution, until the fine, interest, or costs
603	associated with investigation and prosecution or restitution are
604	paid in full or until all terms and conditions of the final
605	order have been satisfied.
606	(8)  Any person licensed pursuant to this part who has had
607	his or her license revoked is ineligible to be a partner,
608	officer, director, or trustee of a business organization defined
609	by this section or to be employed in a managerial or supervisory
610	capacity for a 5-year period. The person is also ineligible to
611	reapply for licensure under this part for a period of 5 years
612	after the effective date of the revocation.
613	(9)  If a business organization or any of its partners,
614	officers, directors, trustees, or members is or has previously
615	been fined for violating subsection (2) the board may, on that
616	basis alone, revoke, suspend, place on probation, or deny
617	issuance of a license to a qualifying agent or financially
618	responsible officer of that business organization.
619	(10)(a)  Notwithstanding chapters 120 and 455, upon receipt
620	of a legally sufficient consumer complaint alleging a violation
621	of this part, the department may provide by rule for binding
622	arbitration between the complainant and the certificateholder or
623	registrant, if:
624	1.  There is evidence that the complainant has suffered or
625	is likely to suffer monetary damages resulting from the
626	violation of this part;
627	2.  The licensee does not have a history of repeated or
628	similar violations;
629	3.  Reasonable grounds exist to believe that the public
630	interest will be better served by arbitration than by
631	disciplinary action; and
632	4.  The complainant and licensee have not previously
633	entered into private arbitration, and a civil court action based
634	on the same transaction has not been filed.
635	(b)  The licensee and the complainant may consent in
636	writing to binding arbitration within 15 days following
637	notification of this process by the department. The department
638	may suspend all action in the matter for 45 days when notice of
639	consent to binding arbitration is received by the department. If
640	the arbitration process is successfully concluded within the 60-
641	day period, the department may close the case file with a
642	notation of the disposition, and the licensee's record must
643	reflect only that a complaint was filed and resolved through
644	arbitration.
645	(c)  If a complaint meets the criteria for arbitration set
646	forth in paragraph (a) and the damages at issue are less than
647	$2,500, the department shall refer the complaint for mandatory
648	arbitration.
649	(d)  The arbitrator's order becomes a final order of the
650	board if not challenged by the complainant or the
651	certificateholder or registrant within 30 days after filing. The
652	board's review of the arbitrator's order operates in the manner
653	of the review of recommended orders pursuant to s. 120.57(1) and
654	is not a de novo review.
655	(11)  If an investigation of a mold assessor or mold
656	remediator is undertaken, the department shall promptly furnish
657	to the mold assessor or mold remediator or the mold assessor's
658	or mold remediator's attorney a copy of the complaint or
659	document that resulted in the initiation of the investigation.
660	The department shall make the complaint and supporting documents
661	available to the mold assessor or mold remediator. The complaint
662	or supporting documents must contain information regarding the
663	specific facts that serve as the basis for the complaint. The
664	mold assessor or mold remediator may submit a written response
665	to the information contained in the complaint or document within
666	20 days after service to the mold assessor or mold remediator of
667	the complaint or document. The mold assessor's or mold
668	remediator's written response must be considered by the probable
669	cause panel. The right to respond does not prohibit the issuance
670	of a summary emergency order if necessary to protect the public.
671	However, if the secretary, or the secretary's designee, and the
672	chair of the board or the chair of the probable cause panel
673	agree in writing that such notification would be detrimental to
674	the investigation, the department may withhold notification. The
675	department may conduct an investigation without notification to
676	a mold assessor or mold remediator if the act under
677	investigation is a criminal offense.
678	Section 16.  Section 489.615, Florida Statutes, is created
679	to read:
680	489.615  Prohibitions; penalties.--
681	(1)  A person may not:
682	(a)  Falsely hold himself or herself or a business
683	organization out as a licensee;
684	(b)  Falsely impersonate a licensee;
685	(c)  Present as his or her own the license or certificate
686	of authority of another;
687	(d)  Knowingly give false or forged evidence to the board
688	or a member thereof;
689	(e)  Use or attempt to use a license that has been
690	suspended or revoked;
691	(f)  Engage in the business or act in the capacity of a
692	mold assessor or mold remediator or advertise himself or herself
693	or a business organization as available to engage in the
694	business or act in the capacity of a mold assessor or mold
695	remediator without being duly licensed; or
696	(g)  Operate a business organization engaged in mold
697	assessment or mold remediation after 60 days following the
698	termination of its only qualifying agent without designating
699	another primary qualifying agent, except as provided in ss.
700	489.608 and 489.609;
701
702	For purposes of this subsection, a person or business
703	organization operating on an inactive or suspended license or
704	certificate of authority is considered unlicensed.
705	(2)(a)  An unlicensed person who violates subsection (1)
706	commits a misdemeanor of the first degree, punishable as
707	provided in s. 775.082 or s. 775.083.
708	(b)  An unlicensed person who commits a violation of
709	subsection (1) after having been previously found guilty of such
710	a violation commits a felony of the third degree, punishable as
711	provided in s. 775.082 or s. 775.083.
712	(c)  An unlicensed person who commits a violation of
713	subsection (1) during the existence of a state of emergency
714	declared by executive order of the Governor commits a felony of
715	the third degree, punishable as provided in s. 775.082 or s.
716	775.083.
717	(3)(a)  A licensed mold assessor or mold remediator may not
718	enter into an agreement, oral or written, whereby his or her
719	license number is used, or is to be used, by a person who is not
720	licensed as provided for in this part, or is used, or is to be
721	used, by a business organization that is not duly qualified as
722	provided for in this part, to engage in the business or act in
723	the capacity of a mold assessor or mold remediator.
724	(b)  A licensed mold assessor or mold remediator may not
725	knowingly allow his or her license number to be used by a person
726	who is not licensed as provided for in this part, or used by a
727	business organization that is not qualified as provided for in
728	this part, to engage in the business or act in the capacity of a
729	mold assessor or mold remediator.
730	Section 17.  Section 489.616, Florida Statutes, is created
731	to read:
732	489.616  Multiple services prohibited.--A registrant may
733	perform only one of the following activities on the same
734	project:
735	(1)  Mold or mold-related analysis or assessment; or
736	(2)  Mold remediation.
737	Section 18.  Section 489.617, Florida Statutes, is created
738	to read:
739	489.617  Notice and opportunity to repair.--Any action
740	brought alleging defects against a mold assessor or mold
741	remediator shall be governed by the provisions of chapter 558.
742	For purposes of application of chapter 558, in any action
743	brought against a mold assessor or mold remediator, the term
744	contractor includes mold assessors and mold remediators as
745	defined in s. 489.604(6) and (8), respectively, and the term
746	construction defect includes mold or fungal damages to property
747	or persons resulting from the activities of a mold assessor or
748	remediator. Notwithstanding the provisions of s. 558.004(12),
749	any subsequent judicial proceeding alleging such defects must be
750	brought within one year of the exhaustion of the remedies
751	available under chapter 558.
752	Section 19.  Subsection (2) of section 489.107, Florida
753	Statutes, is amended to read:
754	489.107  Construction Industry Licensing Board.--
755	(2)  The board shall consist of 19 18 members, of whom:
756	(a)  Four are primarily engaged in business as general
757	contractors;
758	(b)  Three are primarily engaged in business as building
759	contractors or residential contractors, however, at least one
760	building contractor and one residential contractor shall be
761	appointed;
762	(c)  One is primarily engaged in business as a roofing
763	contractor;
764	(d)  One is primarily engaged in business as a sheet metal
765	contractor;
766	(e)  One is primarily engaged in business as an air-
767	conditioning contractor;
768	(f)  One is primarily engaged in business as a mechanical
769	contractor;
770	(g)  One is primarily engaged in business as a pool
771	contractor;
772	(h)  One is primarily engaged in business as a plumbing
773	contractor;
774	(i)  One is primarily engaged in business as an underground
775	utility and excavation contractor;
776	(j)  One is primarily engaged in business as a mold
777	assessor or mold remediator;
778	(k)(j)  Two are consumer members who are not, and have
779	never been, members or practitioners of a profession regulated
780	by the board or members of any closely related profession; and
781	(l)(k)  Two are building officials of a municipality or
782	county.
783	Section 20.  If any provision of this act or its
784	application to any person or circumstance is held invalid, the
785	invalidity does not affect other provisions or applications of
786	the act which can be given effect without the invalid provision
787	or application, and to this end the provisions of this act are
788	severable.
789	Section 21.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.