HB 0117

1	A bill to be entitled
2	An act relating to mold assessment and mold remediation;
3	creating pt. IV of ch. 489, F.S., entitled "Mold
4	Assessment and Mold Remediation"; providing legislative
5	purpose; providing scope of part; providing exemptions;
6	defining terms; providing for fees relating to licensure
7	of mold assessors and mold remediators; providing for
8	licensure examinations; requiring good moral character, as
9	specified; providing prerequisites to licensure; providing
10	for the licensure of business organizations; providing for
11	qualifying agents; providing for fees; providing
12	responsibilities of primary and secondary qualifying
13	agents and of financially responsible officers;
14	establishing requirements for continuing education;
15	providing that the Construction Industry Licensing Board
16	must approve training courses and training providers for
17	mold assessors and mold remediators; providing for
18	assessing penalties; providing for renewal of licensure;
19	providing for rulemaking; providing for reactivation of
20	licensure; providing for disciplinary proceedings;
21	establishing prohibitions; providing for penalties;
22	prohibiting performing more than one specified activity on
23	a given project; providing for notice and opportunity to
24	repair mold damage in accordance with the provisions of
25	ch. 558; providing a statute of limitations; amending s.
26	489.107, F.S.; adding to the board a member who is a mold
27	assessor or mold remediator; providing severability;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Part IV of chapter 489, Florida Statutes,
33	consisting of sections 489.601, 489.602, 489.603, 489.604,
34	489.605, 489.606, 489.607, 489.608, 489.609, 489.61, 489.611,
35	489.612, 489.613, 489.614, 489.615, 489.616, and 489.617, is
36	created and entitled "Mold Assessment and Mold Remediation."
37	Section 2.  Section 489.601, Florida Statutes, is created
38	to read:
39	489.601  Legislative purpose.--The Legislature finds it
40	necessary in the interest of the public health, safety, and
41	welfare in order to prevent damage to the real and personal
42	property of the residents of this state and to avert economic
43	injury to the residents of this state to regulate individuals
44	and companies that hold themselves out to the public as
45	qualified to perform mold-related activities.
46	Section 3.  Section 489.602, Florida Statutes, is created
47	to read:
48	489.602  Scope of part.--This part applies only to
49	individuals and companies conducting mold assessment or mold
50	remediation for compensation.
51	Section 4.  Section 489.603, Florida Statutes, is created
52	to read:
53	489.603  Exemptions.--This part does not apply to:
54	(1)  Individuals or business organizations licensed under
55	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
56	or on behalf of an insurer under part VI of chapter 626, when
57	acting within the scope of their respective licenses.
58	(2)  An authorized employee of the United States, this
59	state, or any municipality, county, or other political
60	subdivision, public or private school, or private business
61	organization who has completed mold assessment or mold
62	remediation training courses approved by the board or a
63	certification program approved by the board and who is
64	conducting mold assessment or mold remediation within the scope
65	of that employment, as long as the employee does not hold out
66	for hire or otherwise engage in mold assessment or mold
67	remediation.
68	(3)  A full-time employee engaged in routine maintenance of
69	private buildings, structures, and facilities as long as the
70	employee does not hold out for hire or otherwise engage in mold
71	assessment or mold remediation.
72	Section 5.  Section 489.604, Florida Statutes, is created
73	to read:
74	489.604  Definitions.--As used in this part, the term:
75	(1)  "Board" means the Construction Industry Licensing
76	Board.
77	(2)  "Business organization" means any partnership,
78	corporation, business trust, joint venture, or other business
79	organization.
80	(3)  "Department" means the Department of Business and
81	Professional Regulation.
82	(4)  "Mold" means an organism of the class fungi that
83	causes disintegration of organic matter and produces spores. The
84	term "mold" also includes any spores, hyphae, and mycotoxins
85	produced by mold.
86	(5)  "Mold assessment" means:
87	(a)  An inspection, investigation, or survey of a dwelling
88	or other structure to provide the owner or occupant with
89	information regarding the presence, identification, or
90	evaluation of mold;
91	(b)  The development of a mold management plan or
92	remediation protocol; or
93	(c)  The collection or analysis of a mold sample.
94	(6)  "Mold assessor" means any person or business
95	organization that performs mold assessment.
96	(7)  "Mold remediation" means the removal, cleaning,
97	sanitizing, demolition, or other treatment, including preventive
98	activities, of mold or mold-contaminated matter that was not
99	purposely grown at that location.
100	(8)  "Mold remediator" means any person or business
101	organization that performs mold remediation.
102	(9)  "Primary qualifying agent" means a person who
103	possesses the requisite skill, knowledge, and experience, and
104	has the responsibility, to supervise, direct, manage, and
105	control the mold assessment or mold remediation activities of
106	the business organization with which he or she is connected; who
107	has the responsibility to supervise, direct, manage, and control
108	mold assessment or mold remediation activities; and whose
109	technical and personal qualifications have been determined by
110	investigation and examination as provided in this part, as
111	attested by the department.
112	(10)  "Secondary qualifying agent" means a person who
113	possesses the requisite skill, knowledge, and experience, and
114	has the responsibility, to supervise, direct, manage, and
115	control mold assessment and mold remediation activities, and
116	whose technical and personal qualifications have been determined
117	by investigation and examination as provided in this part, as
118	attested by the department.
119	Section 6.  Section 489.605, Florida Statutes, is created
120	to read:
121	489.605  Fees.--The board shall, by rule, establish
122	reasonable fees to be paid for applications, examinations,
123	licensing and renewal, recordmaking, and recordkeeping. Fees for
124	application, initial licensure, license renewal, or license
125	reactivation for mold assessors or mold remediators may not
126	exceed $500 per applicant. The board may, by rule, establish
127	late renewal penalty fees, in an amount not to exceed the
128	initial licensure fee.
129	Section 7.  Section 489.606, Florida Statutes, is created
130	to read:
131	489.606  Examination.--
132	(1)  A person who desires to be licensed as a mold assessor
133	or mold remediator must apply to the department for licensure.
134	(2)  An applicant may take the licensure examination to
135	practice in this state as a mold assessor or mold remediator if
136	the applicant is of good moral character, is a graduate of an
137	approved course of study in mold assessment or mold remediation,
138	and has a specific experience record as prescribed by rule.
139	(3)  The board shall adopt rules providing for the review
140	and approval of mold assessment and mold remediation training
141	programs. The board may adopt rules providing for the acceptance
142	of the approval and accreditation of schools and courses of
143	study by nationally accepted accreditation organizations.
144	(4)(a)  "Good moral character" means a personal history of
145	honesty, fairness, and respect for the rights of others and for
146	the laws of this state and nation.
147	(b)  The board may refuse to certify an applicant for
148	failure to satisfy this requirement only if:
149	1.  The board finds that there is a substantial connection
150	between the lack of good moral character of the applicant and
151	the professional responsibilities of a mold assessor or mold
152	remediator; and
153	2.  This finding is supported by clear and convincing
154	evidence.
155	(c)  If an applicant is found to be unqualified for a
156	license because of a lack of good moral character, the board
157	must furnish to the applicant a statement containing the
158	findings of the board, a complete record of the evidence upon
159	which the determination was based, and a notice of the rights of
160	the applicant to a rehearing and appeal.
161	Section 8.  Section 489.607, Florida Statutes, is created
162	to read:
163	489.607  Licensure.--The department shall license any
164	applicant who the board certifies is qualified to practice mold
165	assessment or mold remediation and who:
166	(1)  Pays the initial licensing fee;
167	(2)  Submits with the application for licensure as a mold
168	assessor or a mold remediator evidence that he or she has
169	successfully completed the board-approved courses as prescribed
170	by rule;
171	(3)  Provides evidence of financial stability; and
172	(4)(a)  Passes a department-approved examination of
173	qualifications and knowledge relating to mold assessment and
174	mold remediation; or
175	(b)  In lieu of passing a department-approved examination,
176	shows proof that he or she has been certified by an organization
177	that requires the same testing and examination as the department
178	requires.
179	Section 9.  Section 489.608, Florida Statutes, is created
180	to read:
181	489.608  Licensure of business organizations; qualifying
182	agents.--
183	(1)  If an individual proposes to engage in mold
184	remediation or mold assessment in that individual's own name,
185	the license may be issued only to that individual.
186	(2)(a)  If the applicant proposes to engage in mold
187	remediation or mold assessment as a business organization in any
188	name other than the applicant's legal name, the business
189	organization must apply for licensure through a qualifying agent
190	or the individual applicant must apply for licensure under the
191	fictitious name.
192	(b)  The application must state the name of the business
193	organization and of each of its partners, the name of the
194	corporation and of each of its officers and directors and the
195	name of each of its stockholders who is also an officer or
196	director, the name of the business trust and of each of its
197	trustees, or the name of such other business organization and of
198	each of its members.
199	1.  The application for primary qualifying agent must
200	include an affidavit on a form provided by the department which
201	attests that the applicant's signature is required on all
202	checks, drafts, or payments, regardless of the form of payment,
203	made by the business organization, and that the applicant has
204	final approval authority for all work performed by the business
205	organization.
206	2.  The application for financially responsible officer
207	must include an affidavit on a form provided by the department
208	which attests that the applicant's signature is required on all
209	checks, drafts, or payments, regardless of the form of payment,
210	made by the business organization, and that the applicant has
211	authority to act for the business organization in all financial
212	matters.
213	3.  The application for secondary qualifying agent must
214	include an affidavit on a form provided by the department which
215	attests that the applicant has authority to supervise all mold
216	assessment or mold remediation work performed by the business
217	organization as provided in s. 489.609(2).
218	(c)  As a prerequisite to the issuance of a license under
219	this section, the applicant must submit:
220	1.  An affidavit on a form provided by the department which
221	attests that the applicant has obtained workers' compensation
222	insurance as required by chapter 440, public liability
223	insurance, and property damage insurance, in amounts determined
224	by board rule. Such insurance shall include coverage for an
225	applicant's failure to properly perform mold assessment or mold
226	remediation. The department shall, by rule, establish a
227	procedure to verify the accuracy of such affidavits based upon a
228	random sample method.
229	2.  Evidence of financial responsibility. The board shall
230	adopt rules to determine financial responsibility which specify
231	grounds on which the department may deny licensure. Such
232	criteria must include, but need not be limited to, credit
233	history and limits of bondability and credit.
234
235	Continuing proof of all insurance coverages referenced in this
236	paragraph shall be a requisite condition to maintaining a
237	license issued under this part.
238	(d)  A joint venture, including a joint venture composed of
239	qualified business organizations, is a separate and distinct
240	organization that must be qualified in accordance with
241	department rules.
242	(e)  A license that is issued upon application of a
243	business organization must be in the name of the business
244	organization, and the name of the qualifying agent must be noted
245	thereon. If there is a change in any information that is
246	required to be stated on the application, the business
247	organization shall, within 45 days after the change occurs, mail
248	the correct information to the department.
249	(f)  The applicant must furnish evidence of statutory
250	compliance if a fictitious name is used, notwithstanding s.
251	865.09(7).
252	(3)  The qualifying agent must be licensed under this part
253	in order for the business organization to be licensed. If the
254	qualifying agent ceases to be affiliated with the business
255	organization, the agent must so inform the department. In
256	addition, if the qualifying agent is the only licensed
257	individual affiliated with the business organization, the
258	business organization must notify the department of the
259	termination of the qualifying agent, and the business
260	organization has 60 days after the termination of the qualifying
261	agent's affiliation with the business organization in which to
262	employ another qualifying agent. The business organization may
263	not engage in mold assessment or mold remediation until a
264	qualifying agent is employed, unless the department has granted
265	a temporary nonrenewable license to the financially responsible
266	officer, the president, a partner, or, in the case of a limited
267	partnership, the general partner, who assumes all
268	responsibilities of a primary qualifying agent for the business
269	organization. This temporary license allows the business
270	organization to proceed only with incomplete contracts.
271	(4)(a)  The qualifying agent shall inform the department in
272	writing if the agent proposes to engage in mold assessment or
273	mold remediation in the agent's own name or in affiliation with
274	another business organization, and the agent or the new business
275	organization shall supply the same information to the department
276	as is required of an initial applicant under this part.
277	(b)  Upon a favorable determination by the board, after
278	investigation of the financial responsibility, credit, and
279	business reputation of the qualifying agent and the new business
280	organization, the board shall issue, without any examination, a
281	new license in the business organization's name, and the name of
282	the qualifying agent must be noted thereon.
283	(5)(a)  Each mold assessor or mold remediator shall affix
284	the mold assessor's or mold remediator's signature and license
285	number to each document prepared or approved for use by the
286	licensee which is related to any mold assessment or mold
287	remediation project and filed for public record with a
288	governmental agency, and to any offer, bid, or contract
289	submitted to a client.
290	(b)  The license number of each mold assessor or mold
291	remediator must appear in any printed matter or any newspaper,
292	airwave transmission, phone directory, or other advertising
293	medium offering or related to mold assessment or mold
294	remediation, as provided by department rule.
295	(6)  Each qualifying agent shall pay the department an
296	amount equal to the original fee for licensure of a new business
297	organization. If the qualifying agent for a business
298	organization desires to qualify additional business
299	organizations, the board shall require the agent to present
300	evidence of ability and financial responsibility of each such
301	organization. The issuance of such license is discretionary with
302	the board.
303	Section 10.  Section 489.609, Florida Statutes, is created
304	to read:
305	489.609  Responsibilities.--
306	(1)  A qualifying agent is a primary qualifying agent
307	unless he or she is a secondary qualifying agent under this
308	section.
309	(a)  All primary qualifying agents for a business
310	organization are jointly and equally responsible for supervision
311	of all operations of the business organization; for all field
312	work at all sites; and for financial matters, both for the
313	organization in general and for each specific job.
314	(b)  Upon approval by the board, a business organization
315	may designate a financially responsible officer for purposes of
316	licensure. A financially responsible officer shall be
317	responsible for all financial aspects of the business
318	organization and may not be designated as the primary qualifying
319	agent. The designated financially responsible officer shall
320	furnish evidence of his or her financial responsibility, credit,
321	and business reputation, or that of the business organization he
322	or she desires to qualify, as determined appropriate by the
323	board.
324	(c)  If a business organization has a licensed financially
325	responsible officer, the primary qualifying agent is responsible
326	for all mold assessment or mold remediation activities of the
327	business organization, both in general and for each specific
328	job.
329	(d)  The board shall adopt rules prescribing the
330	qualifications for financially responsible officers, including
331	net worth, cash, and bonding requirements. These qualifications
332	must be at least as extensive as the requirements for the
333	financial responsibility of qualifying agents.
334	(2)(a)  One of the qualifying agents for a business
335	organization that has more than one qualifying agent may be
336	designated as the sole primary qualifying agent for the business
337	organization by a joint agreement that is executed, on a form
338	provided by the board, by all qualifying agents for the business
339	organization.
340	(b)  The joint agreement must be submitted to the board for
341	approval. If the board determines that the joint agreement is in
342	good order, it must approve the designation and immediately
343	notify the qualifying agents of its approval. The designation
344	made by the joint agreement is effective upon receipt of the
345	notice by the qualifying agents.
346	(c)  The qualifying agent designated for a business
347	organization by a joint agreement is the sole primary qualifying
348	agent for the business organization, and all other qualifying
349	agents for the business organization are secondary qualifying
350	agents.
351	(d)  A designated sole primary qualifying agent has all the
352	responsibilities and duties of a primary qualifying agent,
353	notwithstanding that there are secondary qualifying agents for
354	specified jobs. The designated sole primary qualifying agent is
355	jointly and equally responsible with secondary qualifying agents
356	for field work supervision.
357	(e)  A secondary qualifying agent is responsible only for
358	any work for which he or she accepts responsibility.
359	(f)  A secondary qualifying agent is not responsible for
360	supervision of financial matters.
361	(3)(a)  A qualifying agent who has been designated by a
362	joint agreement as the sole primary qualifying agent for a
363	business organization may terminate this status by giving actual
364	notice to the business organization, to the board, and to all
365	secondary qualifying agents of his or her intention to terminate
366	this status. The notice to the board must include proof
367	satisfactory to the board that the qualifying agent has given
368	the notice required in this paragraph.
369	(b)  The status of the qualifying agent ceases upon the
370	designation of a new primary qualifying agent or 60 days after
371	satisfactory notice of termination has been provided to the
372	board, whichever occurs first.
373	(c)  If a new primary qualifying agent has not been
374	designated within 60 days, all secondary qualifying agents for
375	the business organization become primary qualifying agents
376	unless the joint agreement specifies that one or more of them
377	become sole qualifying agents under such circumstances, in which
378	case only the specified secondary qualifying agents become sole
379	qualifying agents.
380	(d)  Any change in the status of a qualifying agent is
381	prospective only. A qualifying agent is not responsible for his
382	or her predecessor's actions but is responsible, even after a
383	change in status, for matters for which he or she was
384	responsible while in a particular status.
385	Section 11.  Section 489.61, Florida Statutes, is created
386	to read:
387	489.61  Continuing education.--
388	(1)  A licensee must annually complete 15 hours of
389	continuing education courses as prescribed by board rule.
390	(2)  The courses required under this section must be
391	offered and provided by mold training providers licensed under
392	this part and must be approved by the board.
393	(3)  The licensee must submit proof of compliance with the
394	continuing education requirements along with the licensee's
395	application for license renewal.
396	Section 12.  Section 489.611, Florida Statutes, is created
397	to read:
398	489.611  Approval of mold assessor and mold remediator
399	training courses and providers.--
400	(1)  The board shall approve training courses and the
401	providers of such courses as are required under this part. The
402	board must also approve training courses and the providers of
403	such courses who offer training for persons who are exempt from
404	licensure under this part.
405	(2)  The board shall, by rule, prescribe criteria for
406	approving training courses and course providers and may, by
407	rule, modify the training required by this part.
408	(3)  The board may enter into agreements with other states
409	for the reciprocal approval of training courses or the providers
410	of training courses.
411	(4)  The board shall, by rule, establish reasonable fees in
412	an amount not to exceed the cost of evaluation, approval, and
413	recordmaking and recordkeeping of training courses and providers
414	of training courses.
415	(5)  The board may impose against a provider of training
416	courses any penalty that it may impose against a licensee under
417	this part or s. 455.227, may decline to approve courses, and may
418	withdraw approval of courses proposed by a provider who has, or
419	whose agent has, been convicted of, pled guilty or nolo
420	contendere to, or entered into a stipulation or consent
421	agreement relating to, without regard to adjudication, any crime
422	or administrative violation in any jurisdiction which involves
423	fraud, deceit, or false or fraudulent representations made in
424	the course of seeking approval of or providing training courses.
425	Section 13.  Section 489.612, Florida Statutes, is created
426	to read:
427	489.612  Renewal of license.--
428	(1)  The department shall renew a license upon receipt of
429	the renewal application and fee, upon proof of compliance with
430	the continuing education requirements of s. 489.61, and, if a
431	demonstration of competency is required by law or rule, upon
432	certification by the board that the licensee has satisfactorily
433	demonstrated his or her competence in mold assessment and mold
434	remediation.
435	(2)  The department shall adopt rules establishing a
436	procedure for the biennial renewal of licenses.
437	Section 14.  Section 489.613, Florida Statutes, is created
438	to read:
439	489.613  Reactivation.--
440	(1)  The board shall, by rule, prescribe continuing
441	education requirements for reactivating a license. The
442	continuing education requirements for reactivating a license for
443	a licensed mold assessor or mold remediator may not exceed 15
444	classroom hours for each year the license was inactive.
445	(2)  The board shall adopt rules relating to licenses that
446	have become inactive and for the renewal of inactive licenses.
447	The board shall, by rule, prescribe a fee not to exceed $50 for
448	the reactivation of an inactive license and a fee not to exceed
449	$50 for the renewal of an inactive license.
450	Section 15.  Section 489.614, Florida Statutes, is created
451	to read:
452	489.614  Disciplinary proceedings.--
453	(1)  The board may revoke, suspend, or deny the issuance or
454	renewal of a license; reprimand, censure, or place on probation
455	any mold assessor or mold remediator; require financial
456	restitution to a consumer; impose an administrative fine not to
457	exceed $5,000 per violation; require continuing education; or
458	assess costs associated with any investigation and prosecution,
459	if the mold assessor or mold remediator is found guilty of any
460	of the following acts:
461	(a)  Obtaining a license by fraud or misrepresentation.
462	(b)  Being convicted or found guilty of, or entering a plea
463	of nolo contendere to, regardless of adjudication, a crime in
464	any jurisdiction which directly relates to the practice of mold
465	assessment or mold remediation or the ability to practice mold
466	assessment or mold remediation.
467	(c)  Violating any provision of chapter 455.
468	(d)  Performing any act that assists a person or entity in
469	engaging in the prohibited unlicensed practice of mold
470	assessment or mold remediation, if the licensee knows or has
471	reasonable grounds to know that the person or entity is
472	unlicensed.
473	(e)  Knowingly combining or conspiring with an unlicensed
474	person by allowing his or her license to be used by the
475	unlicensed person with intent to evade any provision of this
476	part. If a licensee allows his or her license to be used by one
477	or more business organizations without having any active
478	participation in the operations, management, or control of the
479	business organizations, such an act constitutes prima facie
480	evidence of an intent to evade the provisions of this part.
481	(f)  Acting in the capacity of a mold assessor or mold
482	remediator under any license issued under this part except in
483	the name of the licensee as set forth on the issued license.
484	(g)  Committing mismanagement or misconduct in the practice
485	of mold assessment or mold remediation which causes financial
486	harm to a customer. Financial mismanagement or misconduct occurs
487	when:
488	1.  Valid liens have been recorded against the property of
489	a mold assessor's or mold remediator's customer for supplies or
490	services ordered by the mold assessor or mold remediator for the
491	customer's job; the mold assessor or mold remediator has
492	received funds from the customer to pay for the supplies or
493	services; and the mold assessor or mold remediator has not had
494	the liens removed from the property, by payment or by bond,
495	within 75 days after the date of such liens;
496	2.  The mold assessor or mold remediator has abandoned a
497	customer's job and the percentage of completion is less than the
498	percentage of the total contract price paid to the mold assessor
499	or mold remediator as of the time of abandonment, unless the
500	contractor is entitled to retain such funds under the terms of
501	the contract or refunds the excess funds within 30 days after
502	the date the job is abandoned; or
503	3.  The mold assessor's or mold remediator's job has been
504	completed, and it is shown that the customer has had to pay more
505	for the contracted job than the original contract price, as
506	adjusted for subsequent change orders, unless the increase in
507	cost was the result of circumstances beyond the control of the
508	assessor or remediator, was the result of circumstances caused
509	by the customer, or was otherwise permitted by the terms of the
510	contract between the mold assessor or mold remediator and the
511	customer.
512	(h)  Being disciplined by a municipality or county for an
513	act or violation of this part.
514	(i)  Failing in any material respect to comply with this
515	part or violating a rule or lawful order of the department.
516	(j)  Abandoning a mold assessment or mold remediation
517	project in which the mold assessor or mold remediator is engaged
518	or under contract as a mold assessor or mold remediator. A
519	project is presumed abandoned after 20 days if the mold assessor
520	or mold remediator has terminated the project without just cause
521	and without proper notification to the owner, including the
522	reason for termination; if the mold assessor or mold remediator
523	has failed to reasonably secure the project to safeguard the
524	public while work is stopped; or if the mold assessor or mold
525	remediator fails to perform work without just cause for 20 days.
526	(k)  Signing a statement with respect to a project or
527	contract falsely indicating that the work is bonded; falsely
528	indicating that payment has been made for all subcontracted
529	work, labor, and materials which results in a financial loss to
530	the owner, purchaser, or mold assessor or mold remediator; or
531	falsely indicating that workers' compensation and public
532	liability insurance are provided.
533	(l)  Committing fraud or deceit in the practice of mold
534	assessment or mold remediation.
535	(m)  Committing incompetency or misconduct in the practice
536	of mold assessment or mold remediation.
537	(n)  Committing gross negligence, repeated negligence, or
538	negligence resulting in a significant danger to life or property
539	in the practice of mold assessment or mold remediation.
540	(o)  Failing to satisfy, within a reasonable time, the
541	terms of a civil judgment obtained against the licensee, or the
542	business organization qualified by the licensee, relating to the
543	practice of the licensee's profession.
544
545	For the purposes of this subsection, mold assessment or mold
546	remediation is considered to be commenced when the contract is
547	executed and the mold assessor or mold remediator has accepted
548	funds from the customer or lender.
549	(2)  If a mold assessor or mold remediator disciplined
550	under subsection (1) is a qualifying agent for a business
551	organization and the violation was performed in connection with
552	any mold assessment, mold assessment-related activities, mold
553	remediation, or mold remediation-related activities undertaken
554	by that business organization, the board may impose an
555	additional administrative fine not to exceed $5,000 per
556	violation against the business organization or against any
557	partner, officer, director, trustee, or member of the
558	organization if that person participated in the violation or
559	knew or should have known of the violation and failed to take
560	reasonable corrective action.
561	(3)  The board may, by rule, specify the acts or omissions
562	that constitute violations of this section.
563	(4)  In recommending penalties in any proposed recommended
564	final order, the department shall follow the penalty guidelines
565	established by the board by rule. The department shall advise
566	the administrative law judge of the appropriate penalty,
567	including mitigating and aggravating circumstances, and the
568	specific rule citation.
569	(5)  The board may not reinstate the license of, or cause a
570	license to be issued to, a person who or business organization
571	that the board has determined is unqualified or whose license
572	the board has suspended, until it is satisfied that the person
573	or business organization has complied with all the terms and
574	conditions set forth in the final order and is capable of
575	competently engaging in the business of mold assessment or mold
576	remediation.
577	(6)  The board may assess interest or penalties on all
578	fines imposed under this part against any person or business
579	organization that has not paid the imposed fine by the due date
580	established by rule or final order. Chapter 120 does not apply
581	to such assessment. Interest rates to be imposed must be
582	established by rule and may not be usurious.
583	(7)  The board may not issue a license, or a renewal
584	thereof, to any person or business organization that has been
585	assessed a fine, interest, or costs associated with
586	investigation and prosecution, or has been ordered to pay
587	restitution, until the fine, interest, or costs associated with
588	investigation and prosecution or restitution are paid in full or
589	until all terms and conditions of the final order have been
590	satisfied.
591	(8)  Any person licensed pursuant to this part who has had
592	his or her license revoked is ineligible to be a partner,
593	officer, director, or trustee of a business organization defined
594	by this section or to be employed in a managerial or supervisory
595	capacity for a 5-year period. The person is also ineligible to
596	reapply for licensure under this part for a period of 5 years
597	after the effective date of the revocation.
598	(9)  If a business organization or any of its partners,
599	officers, directors, trustees, or members is or has previously
600	been fined for violating subsection (2) the board may, on that
601	basis alone, revoke, suspend, place on probation, or deny
602	issuance of a license to a qualifying agent or financially
603	responsible officer of that business organization.
604	(10)(a)  Notwithstanding chapters 120 and 455, upon receipt
605	of a legally sufficient consumer complaint alleging a violation
606	of this part, the department may provide by rule for binding
607	arbitration between the complainant and the licensee, if:
608	1.  There is evidence that the complainant has suffered or
609	is likely to suffer monetary damages resulting from the
610	violation of this part;
611	2.  The licensee does not have a history of repeated or
612	similar violations;
613	3.  Reasonable grounds exist to believe that the public
614	interest will be better served by arbitration than by
615	disciplinary action; and
616	4.  The complainant and licensee have not previously
617	entered into private arbitration, and a civil court action based
618	on the same transaction has not been filed.
619	(b)  The licensee and the complainant may consent in
620	writing to binding arbitration within 15 days following
621	notification of this process by the department. The department
622	may suspend all action in the matter for 45 days when notice of
623	consent to binding arbitration is received by the department. If
624	the arbitration process is successfully concluded within the 60-
625	day period, the department may close the case file with a
626	notation of the disposition, and the licensee's record must
627	reflect only that a complaint was filed and resolved through
628	arbitration.
629	(c)  If a complaint meets the criteria for arbitration set
630	forth in paragraph (a) and the damages at issue are less than
631	$2,500, the department shall refer the complaint for mandatory
632	arbitration.
633	(d)  The arbitrator's order becomes a final order of the
634	board if not challenged by the complainant or the licensee
635	within 30 days after filing. The board's review of the
636	arbitrator's order operates in the manner of the review of
637	recommended orders pursuant to s. 120.57(1) and is not a de novo
638	review.
639	(11)  If an investigation of a mold assessor or mold
640	remediator is undertaken, the department shall promptly furnish
641	to the mold assessor or mold remediator or the mold assessor's
642	or mold remediator's attorney a copy of the complaint or
643	document that resulted in the initiation of the investigation.
644	The department shall make the complaint and supporting documents
645	available to the mold assessor or mold remediator. The complaint
646	or supporting documents must contain information regarding the
647	specific facts that serve as the basis for the complaint. The
648	mold assessor or mold remediator may submit a written response
649	to the information contained in the complaint or document within
650	20 days after service to the mold assessor or mold remediator of
651	the complaint or document. The mold assessor's or mold
652	remediator's written response must be considered by the probable
653	cause panel. The right to respond does not prohibit the issuance
654	of a summary emergency order if necessary to protect the public.
655	However, if the secretary, or the secretary's designee, and the
656	chair of the board or the chair of the probable cause panel
657	agree in writing that such notification would be detrimental to
658	the investigation, the department may withhold notification. The
659	department may conduct an investigation without notification to
660	a mold assessor or mold remediator if the act under
661	investigation is a criminal offense.
662	Section 16.  Section 489.615, Florida Statutes, is created
663	to read:
664	489.615  Prohibitions; penalties.--
665	(1)  A person may not:
666	(a)  Falsely hold himself or herself or a business
667	organization out as a licensee;
668	(b)  Falsely impersonate a licensee;
669	(c)  Present as his or her own the license of another;
670	(d)  Knowingly give false or forged evidence to the board
671	or a member thereof;
672	(e)  Use or attempt to use a license that has been
673	suspended or revoked;
674	(f)  Engage in the business or act in the capacity of a
675	mold assessor or mold remediator or advertise himself or herself
676	or a business organization as available to engage in the
677	business or act in the capacity of a mold assessor or mold
678	remediator without being duly licensed; or
679	(g)  Operate a business organization engaged in mold
680	assessment or mold remediation after 60 days following the
681	termination of its only qualifying agent without designating
682	another primary qualifying agent, except as provided in ss.
683	489.608 and 489.609;
684
685	For purposes of this subsection, a person or business
686	organization operating on an inactive or suspended license is
687	considered unlicensed.
688	(2)(a)  An unlicensed person who violates subsection (1)
689	commits a misdemeanor of the first degree, punishable as
690	provided in s. 775.082 or s. 775.083.
691	(b)  An unlicensed person who commits a violation of
692	subsection (1) after having been previously found guilty of such
693	a violation commits a felony of the third degree, punishable as
694	provided in s. 775.082 or s. 775.083.
695	(c)  An unlicensed person who commits a violation of
696	subsection (1) during the existence of a state of emergency
697	declared by executive order of the Governor commits a felony of
698	the third degree, punishable as provided in s. 775.082 or s.
699	775.083.
700	(3)(a)  A licensed mold assessor or mold remediator may not
701	enter into an agreement, oral or written, whereby his or her
702	license number is used, or is to be used, by a person who is not
703	licensed as provided for in this part, or is used, or is to be
704	used, by a business organization that is not duly qualified as
705	provided for in this part, to engage in the business or act in
706	the capacity of a mold assessor or mold remediator.
707	(b)  A licensed mold assessor or mold remediator may not
708	knowingly allow his or her license number to be used by a person
709	who is not licensed as provided for in this part, or used by a
710	business organization that is not qualified as provided for in
711	this part, to engage in the business or act in the capacity of a
712	mold assessor or mold remediator.
713	Section 17.  Section 489.616, Florida Statutes, is created
714	to read:
715	489.616  Multiple services prohibited.--A licensee may
716	perform only one of the following activities on the same
717	project:
718	(1)  Mold or mold-related analysis or assessment; or
719	(2)  Mold remediation.
720	Section 18.  Section 489.617, Florida Statutes, is created
721	to read:
722	489.617  Notice and opportunity to repair.--Any action
723	brought alleging defects against a mold assessor or mold
724	remediator shall be governed by the provisions of chapter 558.
725	For purposes of application of chapter 558, in any action
726	brought against a mold assessor or mold remediator, the term
727	"contractor" includes mold assessors and mold remediators as
728	defined in s. 489.604(6) and (8), respectively, and the term
729	"construction defect" includes mold or fungal damages to
730	property or persons resulting from the activities of a mold
731	assessor or remediator. Notwithstanding the provisions of s.
732	558.004(10), any subsequent judicial proceeding alleging such
733	defects must be brought within 1 year after the exhaustion of
734	the remedies available under chapter 558.
735	Section 19.  Subsection (2) of section 489.107, Florida
736	Statutes, is amended to read:
737	489.107  Construction Industry Licensing Board.--
738	(2)  The board shall consist of 19 18 members, of whom:
739	(a)  Four are primarily engaged in business as general
740	contractors;
741	(b)  Three are primarily engaged in business as building
742	contractors or residential contractors, however, at least one
743	building contractor and one residential contractor shall be
744	appointed;
745	(c)  One is primarily engaged in business as a roofing
746	contractor;
747	(d)  One is primarily engaged in business as a sheet metal
748	contractor;
749	(e)  One is primarily engaged in business as an air-
750	conditioning contractor;
751	(f)  One is primarily engaged in business as a mechanical
752	contractor;
753	(g)  One is primarily engaged in business as a pool
754	contractor;
755	(h)  One is primarily engaged in business as a plumbing
756	contractor;
757	(i)  One is primarily engaged in business as an underground
758	utility and excavation contractor;
759	(j)  One is primarily engaged in business as a mold
760	assessor or mold remediator;
761	(k)(j)  Two are consumer members who are not, and have
762	never been, members or practitioners of a profession regulated
763	by the board or members of any closely related profession; and
764	(l)(k)  Two are building officials of a municipality or
765	county.
766	Section 20.  If any provision of this act or its
767	application to any person or circumstance is held invalid, the
768	invalidity does not affect other provisions or applications of
769	the act which can be given effect without the invalid provision
770	or application, and to this end the provisions of this act are
771	severable.
772	Section 21.  This act shall take effect October 1, 2005.

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