| 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: |
| 17 |
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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. |