1 | The Business Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to mold remediation; creating s. |
7 | 489.1134, F.S.; providing educational requirements and |
8 | procedural requirements for mold remediation certification; |
9 | providing for discipline; requiring review of mold |
10 | remediation training programs; requiring a person certified |
11 | under this section to be present on certain job sites; |
12 | assigning responsibility for workforce compliance; |
13 | requiring compliance; providing definitions; providing an |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
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18 | Section 1. Section 489.1134, Florida Statutes, is created |
19 | to read: |
20 | 489.1134 Mold remediation certification.-- |
21 | (1)(a) In addition to the certification or registration |
22 | required to engage in business as a contractor under this part, |
23 | any contractor who wishes to engage in business as a contractor |
24 | with a focus or emphasis on mold or mold remediation that is not |
25 | incidental to the scope of his or her license shall take the |
26 | courses or the number of course hours determined by the board. |
27 | Such courses or course hours may count as part of the |
28 | contractor's continuing education requirement and shall be given |
29 | by an instructional facility or teaching entity that has been |
30 | approved by the board. Upon successful completion of the course, |
31 | courses, or course hours, the instructional facility or teaching |
32 | entity that has been approved by the board shall report such |
33 | completion to the department and issue to the taker of the |
34 | course a certificate of completion, which shall be available for |
35 | inspection by any entity or person seeking to have the |
36 | contractor engage in business as a contractor with a focus or |
37 | emphasis on mold or mold remediation that is not incidental to |
38 | the license of the contractor. |
39 | (b) Any other natural person who is employed by a licensed |
40 | contractor to provide work on mold or mold remediation shall, as |
41 | a prerequisite to his or her authorization to provide such |
42 | service, take a course approved by the board. |
43 | (c) It is the responsibility of the contractor licensed |
44 | under this part to ensure that members of his or her workforce |
45 | who are engaging in business as a contractor with a focus or |
46 | emphasis on mold or mold remediation that is not incidental to |
47 | the scope of the contractor's license are in compliance with |
48 | this section, and such contractor is subject to discipline under |
49 | s. 489.129 for violation of this section. |
50 | (d) Training programs in mold remediation shall be |
51 | reviewed annually by the board to ensure that programs have been |
52 | provided equitably across the state. |
53 | (e) Periodically, the board shall review training programs |
54 | in mold remediation for quality in content and instruction. The |
55 | board shall also respond to complaints regarding approved |
56 | programs. |
57 | (2)(a) A person qualified under paragraph (1)(a) must be |
58 | present on any job site at which a person is engaging in |
59 | business as a contractor with a focus or emphasis on mold or |
60 | mold remediation that is not incidental to the scope of his or |
61 | her license. |
62 | (b) It is the responsibility of the licensed contractor to |
63 | ensure compliance with paragraph (a), and such contractor is |
64 | subject to discipline under s. 489.129 for violation of this |
65 | subsection. |
66 | (3) No contractor shall hold himself or herself out as |
67 | emphasizing in mold or mold remediation unless the contractor is |
68 | in compliance with this section. |
69 | (4) The term "mold" means an organism of the class fungi |
70 | that causes disintegration of organic matter and produces spores |
71 | and includes any spores, hyphae, and mycotoxins produced by |
72 | mold. The term "mold remediation" means the business as a |
73 | contractor related to mold or mold-contaminated matter. |
74 | Section 2. This act shall take effect July 1, 2005. |