| 1 | The Insurance 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 assessment and remediation; |
| 7 | creating s. 489.1134, F.S.; providing educational |
| 8 | requirements and procedural requirements for mold |
| 9 | remediation certification; providing for discipline; |
| 10 | requiring review of mold remediation training programs; |
| 11 | requiring a person certified under this section to be |
| 12 | present on certain job sites; assigning responsibility for |
| 13 | workforce compliance; requiring compliance; providing |
| 14 | definitions; creating s. 501.933, F.S.; providing |
| 15 | definitions; providing requirements for practice as a mold |
| 16 | assessor; providing exemptions; providing prohibited acts |
| 17 | and penalties; requiring that mold assessors maintain |
| 18 | liability insurance; providing that mold assessors do not |
| 19 | have a duty to provide repair cost estimates; providing |
| 20 | limitations; providing for enforcement of violations; |
| 21 | creating s. 501.934, F.S.; providing definitions; |
| 22 | providing requirements for practice as a noncontracting |
| 23 | mold remediator; providing exemptions; providing |
| 24 | prohibited acts and penalties; requiring that |
| 25 | noncontracting mold remediators maintain liability |
| 26 | insurance; providing limitations; providing for |
| 27 | enforcement of violations; providing an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
|
| 31 | Section 1. Section 489.1134, Florida Statutes, is created |
| 32 | to read: |
| 33 | 489.1134 Mold remediation certification.-- |
| 34 | (1)(a) In addition to the certification or registration |
| 35 | required to engage in business as a contractor under this part, |
| 36 | any contractor who wishes to engage in business as a contractor |
| 37 | with a focus or emphasis on mold or mold remediation that is not |
| 38 | incidental to the scope of his or her license shall take the |
| 39 | courses or the number of course hours determined by the board. |
| 40 | Such courses or course hours may count as part of the |
| 41 | contractor's continuing education requirement and shall be given |
| 42 | by an instructional facility or teaching entity that has been |
| 43 | approved by the board. Upon successful completion of the course, |
| 44 | courses, or course hours, the instructional facility or teaching |
| 45 | entity that has been approved by the board shall report such |
| 46 | completion to the department and issue to the taker of the |
| 47 | course a certificate of completion, which shall be available for |
| 48 | inspection by any entity or person seeking to have the |
| 49 | contractor engage in business as a contractor with a focus or |
| 50 | emphasis on mold or mold remediation that is not incidental to |
| 51 | the license of the contractor. |
| 52 | (b) Any other natural person who is employed by a licensed |
| 53 | contractor to provide work on mold or mold remediation shall, as |
| 54 | a prerequisite to his or her authorization to provide such |
| 55 | service, take a course approved by the board. |
| 56 | (c) It is the responsibility of the contractor licensed |
| 57 | under this part to ensure that members of his or her workforce |
| 58 | who are engaging in business as a contractor with a focus or |
| 59 | emphasis on mold or mold remediation that is not incidental to |
| 60 | the scope of the contractor's license are in compliance with |
| 61 | this section, and such contractor is subject to discipline under |
| 62 | s. 489.129 for violation of this section. |
| 63 | (d) Training programs in mold remediation shall be |
| 64 | reviewed annually by the board to ensure that programs have been |
| 65 | provided equitably across the state. |
| 66 | (e) Periodically, the board shall review training programs |
| 67 | in mold remediation for quality in content and instruction. The |
| 68 | board shall also respond to complaints regarding approved |
| 69 | programs. |
| 70 | (2)(a) A person qualified under paragraph (1)(a) must be |
| 71 | present on any job site at which a person is engaging in |
| 72 | business as a contractor with a focus or emphasis on mold or |
| 73 | mold remediation that is not incidental to the scope of his or |
| 74 | her license. |
| 75 | (b) It is the responsibility of the licensed contractor to |
| 76 | ensure compliance with paragraph (a), and such contractor is |
| 77 | subject to discipline under s. 489.129 for violation of this |
| 78 | subsection. |
| 79 | (3) No contractor shall hold himself or herself out as |
| 80 | emphasizing in mold or mold remediation unless the contractor is |
| 81 | in compliance with this section. |
| 82 | (4) The term "mold" means an organism of the class fungi |
| 83 | that causes disintegration of organic matter and produces spores |
| 84 | and includes any spores, hyphae, and mycotoxins produced by |
| 85 | mold. The term "mold remediation" means the business as a |
| 86 | contractor related to mold or mold-contaminated matter. |
| 87 | Section 2. Section 501.933, Florida Statutes, is created |
| 88 | to read: |
| 89 | 501.933 Mold assessors; requirements; exemptions; |
| 90 | prohibited acts and penalties; bond and insurance; limitations |
| 91 | and enforcement.-- |
| 92 | (1) DEFINITIONS.--As used in this section, the term: |
| 93 | (a) "Mold" means an organism of the class fungi that |
| 94 | causes disintegration of organic matter and produces spores, and |
| 95 | includes any spores, hyphae, and mycotoxins produced by mold. |
| 96 | (b) "Mold assessment" means: |
| 97 | 1. 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 | 2. The development of a mold-management plan or |
| 102 | remediation protocol; or |
| 103 | 3. The collection or analysis of a mold sample. |
| 104 | (c) "Mold assessor" means any person that performs or |
| 105 | directly supervises a mold assessment. |
| 106 | (2) REQUIREMENTS FOR PRACTICE.-- |
| 107 | (a) A person shall not work as a mold assessor unless he |
| 108 | or she has evidence of, or works under the direct supervision of |
| 109 | a person who has evidence of, a certification from either: |
| 110 | 1. A nonprofit organization with a focus on indoor air |
| 111 | quality or industrial hygiene that meets each of the following |
| 112 | criteria: |
| 113 | a. Requires that a person may not obtain certification |
| 114 | unless the person has at least a 2-year degree in a scientific |
| 115 | or building science field and 3 years of documented experience |
| 116 | from a qualified mold assessor, or requires a 4-year degree in a |
| 117 | scientific or building science field. |
| 118 | b. Requires the person to pass an examination testing |
| 119 | knowledge related to mold and mold assessment; or |
| 120 | 2. A community college or university that offers mold |
| 121 | assessment training or education. |
| 122 | (b) A business entity may not provide or offer to provide |
| 123 | mold assessment services unless the business entity satisfies |
| 124 | all of the requirements of this section. |
| 125 | (3) EXEMPTIONS.--The following persons are not required to |
| 126 | comply with this section with regard to any mold assessment: |
| 127 | (a) A residential property owner who performs mold |
| 128 | assessment on his or her own property. |
| 129 | (b) An owner or tenant, or a managing agent or employee of |
| 130 | an owner or tenant, who performs mold assessment on property |
| 131 | owned or leased by the owner or tenant. This exemption does not |
| 132 | apply if the managing agent or employee engages in the business |
| 133 | of performing mold assessment for the public. |
| 134 | (c) An employee of a licensee who performs mold assessment |
| 135 | while directly supervised by the mold assessor. |
| 136 | (d) Individuals or business organizations licensed under |
| 137 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
| 138 | or acting on behalf of an insurer under part VI of chapter 626, |
| 139 | or individuals in the manufacturing housing industry who are |
| 140 | licensed under chapter 320, that are not specifically engaged in |
| 141 | mold assessment, but that are acting within the scope of their |
| 142 | respective licenses. |
| 143 | (e) An authorized employee of the United States, this |
| 144 | state, or any municipality, county, or other political |
| 145 | subdivision, or public or private school, who meets the |
| 146 | requirements of subsection (2) and who is conducting mold |
| 147 | assessment within the scope of that employment, as long as the |
| 148 | employee does not hold out for hire or otherwise engage in mold |
| 149 | assessment. |
| 150 | (4) PROHIBITED ACTS; PENALTIES.-- |
| 151 | (a) A mold assessor, a company that employs a mold |
| 152 | assessor, or a company that is controlled by a company that also |
| 153 | has a financial interest in a company employing a mold assessor |
| 154 | may not: |
| 155 | 1. Perform or offer to perform any mold assessment without |
| 156 | complying with the requirements of this section. |
| 157 | 2. Perform or offer to perform any mold remediation to a |
| 158 | structure on which the mold assessor or the mold assessor's |
| 159 | company provided a mold assessment within the last 12 months. |
| 160 | 3. Inspect for a fee any property in which the assessor or |
| 161 | the assessor's company has any financial or transfer interest. |
| 162 | 4. Accept any compensation, inducement, or reward from a |
| 163 | mold remediator or mold remediator's company for the referral of |
| 164 | any business to the mold remediator or the mold remediator's |
| 165 | company. |
| 166 | 5. Offer any compensation, inducement, or reward to a mold |
| 167 | remediator or mold remediator's company for the referral of any |
| 168 | business from the mold remediator or the mold remediator's |
| 169 | company. |
| 170 | 6. Accept an engagement to make an omission of the |
| 171 | assessment or conduct an assessment in which the assessment |
| 172 | itself, or the fee payable for the assessment, is contingent |
| 173 | upon the conclusions of the assessment. |
| 174 | (b) Any person who violates any provision of this |
| 175 | subsection commits: |
| 176 | 1. A misdemeanor of the second degree for a first |
| 177 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 178 | 2. A misdemeanor of the first degree for a second |
| 179 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 180 | 3. A felony of the third degree for a third or subsequent |
| 181 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 182 | s. 775.084. |
| 183 | (5) INSURANCE.--A mold assessor must maintain a mold- |
| 184 | mold-specific insurance policy in an amount of not less than $1 |
| 185 | million. |
| 186 | (6) REPAIR COST ESTIMATES.--Mold assessors are not |
| 187 | required to provide estimates related to the cost of repair of |
| 188 | an assessed property. |
| 189 | (7) STATUTE OF LIMITATIONS.--Chapter 95 governs the time |
| 190 | at which an action to enforce an obligation, duty, or right |
| 191 | arising under this section must be commenced. |
| 192 | (8) ENFORCEMENT OF VIOLATIONS.--Any violation of this |
| 193 | section constitutes a deceptive and unfair trade practice, |
| 194 | punishable as provided in part II of this chapter. |
| 195 | Section 3. Section 501.934, Florida Statutes, is created |
| 196 | to read: |
| 197 | 501.934 Noncontracting mold remediators; requirements; |
| 198 | exemptions; prohibited acts and penalties; bond and insurance; |
| 199 | limitations and enforcement.-- |
| 200 | (1) DEFINITIONS.--As used in this section, the term: |
| 201 | (a) "Mold" means an organism of the class fungi that |
| 202 | causes disintegration of organic matter and produces spores, and |
| 203 | includes any spores, hyphae, and mycotoxins produced by mold. |
| 204 | (b) "Noncontracting mold remediation" means the removal, |
| 205 | cleaning, sanitizing, demolition, or other treatment, including |
| 206 | preventive activities, of mold or mold-contaminated matter that |
| 207 | was not purposely grown at that location; however, such removal, |
| 208 | cleaning, sanitizing, demolition, or other treatment, including |
| 209 | preventive activities, may not be work that requires a license |
| 210 | under chapter 489 unless performed by a person who is licensed |
| 211 | under that chapter or the work complies with that chapter. |
| 212 | (c) "Noncontracting mold remediator" means any person that |
| 213 | performs mold remediation. A noncontracting mold remediator may |
| 214 | not perform any work that requires a license under chapter 489 |
| 215 | unless the noncontracting mold remediator is also licensed under |
| 216 | that chapter or complies with that chapter. |
| 217 | (2) REQUIREMENTS FOR PRACTICE.-- |
| 218 | (a) A person shall not work as a noncontracting mold |
| 219 | remediator unless he or she has evidence of, or works under the |
| 220 | direct supervision of a person who has evidence of, a |
| 221 | certification from either: |
| 222 | 1. An organization with a focus on mold remediation that |
| 223 | meets each of the following criteria: |
| 224 | a. Requires that a person has at least a high school |
| 225 | diploma and at least 2 years' experience in a field related to |
| 226 | mold remediation; |
| 227 | b. Requires that a person has completed training related |
| 228 | to mold and mold remediation; and |
| 229 | c. Requires the person to pass an examination testing |
| 230 | knowledge related to mold and mold remediation; or |
| 231 | 2. A community college or university that offers mold |
| 232 | remediation training or education. |
| 233 | (b) A business entity may not provide or offer to provide |
| 234 | mold remediation services unless the business entity satisfies |
| 235 | all of the requirements of this section. |
| 236 | (3) EXEMPTIONS.--The following persons are not required to |
| 237 | comply with this section with regard to any noncontracting mold |
| 238 | remediation: |
| 239 | (a) A residential property owner who performs |
| 240 | noncontracting mold remediation on his or her own property. |
| 241 | (b) An owner or tenant, or a managing agent or employee of |
| 242 | an owner or tenant, who performs noncontracting mold remediation |
| 243 | on property owned or leased by the owner or tenant so long as |
| 244 | such remediation is within the routine maintenance of a building |
| 245 | structure. This exemption does not apply if the managing agent |
| 246 | or employee engages in the business of performing noncontracting |
| 247 | mold remediation for the public. |
| 248 | (c) An employee of a licensee who performs noncontracting |
| 249 | mold remediation while directly supervised by the noncontracting |
| 250 | mold remediator. |
| 251 | (d) Individuals or business organizations licensed under |
| 252 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
| 253 | or acting on behalf of an insurer under part VI of chapter 626, |
| 254 | that are not specifically engaged in mold remediation, but that |
| 255 | are acting within the scope of their respective licenses. |
| 256 | (e) An authorized employee of the United States, this |
| 257 | state, or any municipality, county, or other political |
| 258 | subdivision, or public or private school, who meets the |
| 259 | requirements of subsection (2) and who is conducting mold |
| 260 | remediation within the scope of that employment, as long as the |
| 261 | employee does not hold out for hire or otherwise engage in mold |
| 262 | remediation. |
| 263 | (4) PROHIBITED ACTS; PENALTIES.-- |
| 264 | (a) A noncontracting mold remediator, a company that |
| 265 | employs a noncontracting mold remediator, or a company that is |
| 266 | controlled by a company that also has a financial interest in a |
| 267 | company employing a noncontracting mold remediator may not: |
| 268 | 1. Perform or offer to perform any mold remediation |
| 269 | without complying with the requirements of this section. |
| 270 | 2. Perform or offer to perform any mold assessment as |
| 271 | defined in s. 501.933. |
| 272 | 3. Remediate for a fee any property in which the |
| 273 | noncontracting mold remediator or the noncontracting mold |
| 274 | remediator's company has any financial or transfer interest. |
| 275 | 4. Accept any compensation, inducement, or reward from a |
| 276 | mold assessor or mold assessor's company for the referral of any |
| 277 | business from the mold assessor or the mold assessor's company. |
| 278 | 5. Offer any compensation, inducement, or reward to a mold |
| 279 | assessor or mold assessor's company for the referral of any |
| 280 | business from the mold assessor or the mold assessor's company. |
| 281 | (b) Any person who violates any provision of this |
| 282 | subsection commits: |
| 283 | 1. A misdemeanor of the second degree for a first |
| 284 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 285 | 2. A misdemeanor of the first degree for a second |
| 286 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 287 | 3. A felony of the third degree for a third or subsequent |
| 288 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 289 | s. 775.084. |
| 290 | (5) INSURANCE.--A noncontracting mold remediator shall |
| 291 | maintain a general liability insurance policy with a mold |
| 292 | insurance pollution rider in an amount of not less than $1 |
| 293 | million. |
| 294 | (6) STATUTE OF LIMITATIONS.--Chapter 95 governs the time |
| 295 | at which an action to enforce an obligation, duty, or right |
| 296 | arising under this section must be commenced. |
| 297 | (7) ENFORCEMENT OF VIOLATIONS.--Any violation of this |
| 298 | section constitutes a deceptive and unfair trade practice, |
| 299 | punishable as provided in part II of this chapter. |
| 300 | Section 4. This act shall take effect October 1, 2005. |