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 |
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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. |