HB 0117CS

CHAMBER ACTION




1The Business Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to mold remediation; creating s.
7489.1134, F.S.; providing educational requirements and
8procedural requirements for mold remediation certification;
9providing for discipline; requiring review of mold
10remediation training programs; requiring a person certified
11under this section to be present on certain job sites;
12assigning responsibility for workforce compliance;
13requiring compliance; providing definitions; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 489.1134, Florida Statutes, is created
19to read:
20     489.1134  Mold remediation certification.--
21     (1)(a)  In addition to the certification or registration
22required to engage in business as a contractor under this part,
23any contractor who wishes to engage in business as a contractor
24with a focus or emphasis on mold or mold remediation that is not
25incidental to the scope of his or her license shall take the
26courses or the number of course hours determined by the board.
27Such courses or course hours may count as part of the
28contractor's continuing education requirement and shall be given
29by an instructional facility or teaching entity that has been
30approved by the board. Upon successful completion of the course,
31courses, or course hours, the instructional facility or teaching
32entity that has been approved by the board shall report such
33completion to the department and issue to the taker of the
34course a certificate of completion, which shall be available for
35inspection by any entity or person seeking to have the
36contractor engage in business as a contractor with a focus or
37emphasis on mold or mold remediation that is not incidental to
38the license of the contractor.
39     (b)  Any other natural person who is employed by a licensed
40contractor to provide work on mold or mold remediation shall, as
41a prerequisite to his or her authorization to provide such
42service, take a course approved by the board.
43     (c)  It is the responsibility of the contractor licensed
44under this part to ensure that members of his or her workforce
45who are engaging in business as a contractor with a focus or
46emphasis on mold or mold remediation that is not incidental to
47the scope of the contractor's license are in compliance with
48this section, and such contractor is subject to discipline under
49s. 489.129 for violation of this section.
50     (d)  Training programs in mold remediation shall be
51reviewed annually by the board to ensure that programs have been
52provided equitably across the state.
53     (e)  Periodically, the board shall review training programs
54in mold remediation for quality in content and instruction. The
55board shall also respond to complaints regarding approved
56programs.
57     (2)(a)  A person qualified under paragraph (1)(a) must be
58present on any job site at which a person is engaging in
59business as a contractor with a focus or emphasis on mold or
60mold remediation that is not incidental to the scope of his or
61her license.
62     (b)  It is the responsibility of the licensed contractor to
63ensure compliance with paragraph (a), and such contractor is
64subject to discipline under s. 489.129 for violation of this
65subsection.
66     (3)  No contractor shall hold himself or herself out as
67emphasizing in mold or mold remediation unless the contractor is
68in compliance with this section.
69     (4)  The term "mold" means an organism of the class fungi
70that causes disintegration of organic matter and produces spores
71and includes any spores, hyphae, and mycotoxins produced by
72mold. The term "mold remediation" means the business as a
73contractor related to mold or mold-contaminated matter.
74Section 2.  This act shall take effect July 1, 2005.


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