HB 0117CS

CHAMBER ACTION




1The Insurance 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 assessment and remediation;
7creating s. 489.1134, F.S.; providing educational
8requirements and procedural requirements for mold
9remediation certification; providing for discipline;
10requiring review of mold remediation training programs;
11requiring a person certified under this section to be
12present on certain job sites; assigning responsibility for
13workforce compliance; requiring compliance; providing
14definitions; creating s. 501.933, F.S.; providing
15definitions; providing requirements for practice as a mold
16assessor; providing exemptions; providing prohibited acts
17and penalties; requiring that mold assessors maintain
18liability insurance; providing that mold assessors do not
19have a duty to provide repair cost estimates; providing
20limitations; providing for enforcement of violations;
21creating s. 501.934, F.S.; providing definitions;
22providing requirements for practice as a noncontracting
23mold remediator; providing exemptions; providing
24prohibited acts and penalties; requiring that
25noncontracting mold remediators maintain liability
26insurance; providing limitations; providing for
27enforcement of violations; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 489.1134, Florida Statutes, is created
32to read:
33     489.1134  Mold remediation certification.--
34     (1)(a)  In addition to the certification or registration
35required to engage in business as a contractor under this part,
36any contractor who wishes to engage in business as a contractor
37with a focus or emphasis on mold or mold remediation that is not
38incidental to the scope of his or her license shall take the
39courses or the number of course hours determined by the board.
40Such courses or course hours may count as part of the
41contractor's continuing education requirement and shall be given
42by an instructional facility or teaching entity that has been
43approved by the board. Upon successful completion of the course,
44courses, or course hours, the instructional facility or teaching
45entity that has been approved by the board shall report such
46completion to the department and issue to the taker of the
47course a certificate of completion, which shall be available for
48inspection by any entity or person seeking to have the
49contractor engage in business as a contractor with a focus or
50emphasis on mold or mold remediation that is not incidental to
51the license of the contractor.
52     (b)  Any other natural person who is employed by a licensed
53contractor to provide work on mold or mold remediation shall, as
54a prerequisite to his or her authorization to provide such
55service, take a course approved by the board.
56     (c)  It is the responsibility of the contractor licensed
57under this part to ensure that members of his or her workforce
58who are engaging in business as a contractor with a focus or
59emphasis on mold or mold remediation that is not incidental to
60the scope of the contractor's license are in compliance with
61this section, and such contractor is subject to discipline under
62s. 489.129 for violation of this section.
63     (d)  Training programs in mold remediation shall be
64reviewed annually by the board to ensure that programs have been
65provided equitably across the state.
66     (e)  Periodically, the board shall review training programs
67in mold remediation for quality in content and instruction. The
68board shall also respond to complaints regarding approved
69programs.
70     (2)(a)  A person qualified under paragraph (1)(a) must be
71present on any job site at which a person is engaging in
72business as a contractor with a focus or emphasis on mold or
73mold remediation that is not incidental to the scope of his or
74her license.
75     (b)  It is the responsibility of the licensed contractor to
76ensure compliance with paragraph (a), and such contractor is
77subject to discipline under s. 489.129 for violation of this
78subsection.
79     (3)  No contractor shall hold himself or herself out as
80emphasizing in mold or mold remediation unless the contractor is
81in compliance with this section.
82     (4)  The term "mold" means an organism of the class fungi
83that causes disintegration of organic matter and produces spores
84and includes any spores, hyphae, and mycotoxins produced by
85mold. The term "mold remediation" means the business as a
86contractor related to mold or mold-contaminated matter.
87     Section 2.  Section 501.933, Florida Statutes, is created
88to read:
89     501.933  Mold assessors; requirements; exemptions;
90prohibited acts and penalties; bond and insurance; limitations
91and enforcement.--
92     (1)  DEFINITIONS.--As used in this section, the term:
93     (a)  "Mold" means an organism of the class fungi that
94causes disintegration of organic matter and produces spores, and
95includes any spores, hyphae, and mycotoxins produced by mold.
96     (b)  "Mold assessment" means:
97     1.  An inspection, investigation, or survey of a dwelling
98or other structure to provide the owner or occupant with
99information regarding the presence, identification, or
100evaluation of mold;
101     2.  The development of a mold-management plan or
102remediation protocol; or
103     3.  The collection or analysis of a mold sample.
104     (c)  "Mold assessor" means any person that performs or
105directly supervises a mold assessment.
106     (2)  REQUIREMENTS FOR PRACTICE.--
107     (a)  A person shall not work as a mold assessor unless he
108or she has evidence of, or works under the direct supervision of
109a person who has evidence of, a certification from either:
110     1.  A nonprofit organization with a focus on indoor air
111quality or industrial hygiene that meets each of the following
112criteria:
113     a.  Requires that a person may not obtain certification
114unless the person has at least a 2-year degree in a scientific
115or building science field and 3 years of documented experience
116from a qualified mold assessor, or requires a 4-year degree in a
117scientific or building science field.
118     b.  Requires the person to pass an examination testing
119knowledge related to mold and mold assessment; or
120     2.  A community college or university that offers mold
121assessment training or education.
122     (b)  A business entity may not provide or offer to provide
123mold assessment services unless the business entity satisfies
124all of the requirements of this section.
125     (3)  EXEMPTIONS.--The following persons are not required to
126comply with this section with regard to any mold assessment:
127     (a)  A residential property owner who performs mold
128assessment on his or her own property.
129     (b)  An owner or tenant, or a managing agent or employee of
130an owner or tenant, who performs mold assessment on property
131owned or leased by the owner or tenant. This exemption does not
132apply if the managing agent or employee engages in the business
133of performing mold assessment for the public.
134     (c)  An employee of a licensee who performs mold assessment
135while directly supervised by the mold assessor.
136     (d)  Individuals or business organizations licensed under
137chapter 471, part I of chapter 481, chapter 482, or chapter 489,
138or acting on behalf of an insurer under part VI of chapter 626,
139or individuals in the manufacturing housing industry who are
140licensed under chapter 320, that are not specifically engaged in
141mold assessment, but that are acting within the scope of their
142respective licenses.
143     (e)  An authorized employee of the United States, this
144state, or any municipality, county, or other political
145subdivision, or public or private school, who meets the
146requirements of subsection (2) and who is conducting mold
147assessment within the scope of that employment, as long as the
148employee does not hold out for hire or otherwise engage in mold
149assessment.
150     (4)  PROHIBITED ACTS; PENALTIES.--
151     (a)  A mold assessor, a company that employs a mold
152assessor, or a company that is controlled by a company that also
153has a financial interest in a company employing a mold assessor
154may not:
155     1.  Perform or offer to perform any mold assessment without
156complying with the requirements of this section.
157     2.  Perform or offer to perform any mold remediation to a
158structure on which the mold assessor or the mold assessor's
159company provided a mold assessment within the last 12 months.
160     3.  Inspect for a fee any property in which the assessor or
161the assessor's company has any financial or transfer interest.
162     4.  Accept any compensation, inducement, or reward from a
163mold remediator or mold remediator's company for the referral of
164any business to the mold remediator or the mold remediator's
165company.
166     5.  Offer any compensation, inducement, or reward to a mold
167remediator or mold remediator's company for the referral of any
168business from the mold remediator or the mold remediator's
169company.
170     6.  Accept an engagement to make an omission of the
171assessment or conduct an assessment in which the assessment
172itself, or the fee payable for the assessment, is contingent
173upon the conclusions of the assessment.
174     (b)  Any person who violates any provision of this
175subsection commits:
176     1.  A misdemeanor of the second degree for a first
177violation, punishable as provided in s. 775.082 or s. 775.083.
178     2.  A misdemeanor of the first degree for a second
179violation, punishable as provided in s. 775.082 or s. 775.083.
180     3.  A felony of the third degree for a third or subsequent
181violation, punishable as provided in s. 775.082, s. 775.083, or
182s. 775.084.
183     (5)  INSURANCE.--A mold assessor must maintain a mold-
184mold-specific insurance policy in an amount of not less than $1
185million.
186     (6)  REPAIR COST ESTIMATES.--Mold assessors are not
187required to provide estimates related to the cost of repair of
188an assessed property.
189     (7)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
190at which an action to enforce an obligation, duty, or right
191arising under this section must be commenced.
192     (8)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
193section constitutes a deceptive and unfair trade practice,
194punishable as provided in part II of this chapter.
195     Section 3.  Section 501.934, Florida Statutes, is created
196to read:
197     501.934  Noncontracting mold remediators; requirements;
198exemptions; prohibited acts and penalties; bond and insurance;
199limitations and enforcement.--
200     (1)  DEFINITIONS.--As used in this section, the term:
201     (a)  "Mold" means an organism of the class fungi that
202causes disintegration of organic matter and produces spores, and
203includes any spores, hyphae, and mycotoxins produced by mold.
204     (b)  "Noncontracting mold remediation" means the removal,
205cleaning, sanitizing, demolition, or other treatment, including
206preventive activities, of mold or mold-contaminated matter that
207was not purposely grown at that location; however, such removal,
208cleaning, sanitizing, demolition, or other treatment, including
209preventive activities, may not be work that requires a license
210under chapter 489 unless performed by a person who is licensed
211under that chapter or the work complies with that chapter.
212     (c)  "Noncontracting mold remediator" means any person that
213performs mold remediation. A noncontracting mold remediator may
214not perform any work that requires a license under chapter 489
215unless the noncontracting mold remediator is also licensed under
216that chapter or complies with that chapter.
217     (2)  REQUIREMENTS FOR PRACTICE.--
218     (a)  A person shall not work as a noncontracting mold
219remediator unless he or she has evidence of, or works under the
220direct supervision of a person who has evidence of, a
221certification from either:
222     1.  An organization with a focus on mold remediation that
223meets each of the following criteria:
224     a.  Requires that a person has at least a high school
225diploma and at least 2 years' experience in a field related to
226mold remediation;
227     b.  Requires that a person has completed training related
228to mold and mold remediation; and
229     c.  Requires the person to pass an examination testing
230knowledge related to mold and mold remediation; or
231     2.  A community college or university that offers mold
232remediation training or education.
233     (b)  A business entity may not provide or offer to provide
234mold remediation services unless the business entity satisfies
235all of the requirements of this section.
236     (3)  EXEMPTIONS.--The following persons are not required to
237comply with this section with regard to any noncontracting mold
238remediation:
239     (a)  A residential property owner who performs
240noncontracting mold remediation on his or her own property.
241     (b)  An owner or tenant, or a managing agent or employee of
242an owner or tenant, who performs noncontracting mold remediation
243on property owned or leased by the owner or tenant so long as
244such remediation is within the routine maintenance of a building
245structure. This exemption does not apply if the managing agent
246or employee engages in the business of performing noncontracting
247mold remediation for the public.
248     (c)  An employee of a licensee who performs noncontracting
249mold remediation while directly supervised by the noncontracting
250mold remediator.
251     (d)  Individuals or business organizations licensed under
252chapter 471, part I of chapter 481, chapter 482, or chapter 489,
253or acting on behalf of an insurer under part VI of chapter 626,
254that are not specifically engaged in mold remediation, but that
255are acting within the scope of their respective licenses.
256     (e)  An authorized employee of the United States, this
257state, or any municipality, county, or other political
258subdivision, or public or private school, who meets the
259requirements of subsection (2) and who is conducting mold
260remediation within the scope of that employment, as long as the
261employee does not hold out for hire or otherwise engage in mold
262remediation.
263     (4)  PROHIBITED ACTS; PENALTIES.--
264     (a)  A noncontracting mold remediator, a company that
265employs a noncontracting mold remediator, or a company that is
266controlled by a company that also has a financial interest in a
267company employing a noncontracting mold remediator may not:
268     1.  Perform or offer to perform any mold remediation
269without complying with the requirements of this section.
270     2.  Perform or offer to perform any mold assessment as
271defined in s. 501.933.
272     3.  Remediate for a fee any property in which the
273noncontracting mold remediator or the noncontracting mold
274remediator's company has any financial or transfer interest.
275     4.  Accept any compensation, inducement, or reward from a
276mold assessor or mold assessor's company for the referral of any
277business from the mold assessor or the mold assessor's company.
278     5.  Offer any compensation, inducement, or reward to a mold
279assessor or mold assessor's company for the referral of any
280business from the mold assessor or the mold assessor's company.
281     (b)  Any person who violates any provision of this
282subsection commits:
283     1.  A misdemeanor of the second degree for a first
284violation, punishable as provided in s. 775.082 or s. 775.083.
285     2.  A misdemeanor of the first degree for a second
286violation, punishable as provided in s. 775.082 or s. 775.083.
287     3.  A felony of the third degree for a third or subsequent
288violation, punishable as provided in s. 775.082, s. 775.083, or
289s. 775.084.
290     (5)  INSURANCE.--A noncontracting mold remediator shall
291maintain a general liability insurance policy with a mold
292insurance pollution rider in an amount of not less than $1
293million.
294     (6)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
295at which an action to enforce an obligation, duty, or right
296arising under this section must be commenced.
297     (7)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
298section constitutes a deceptive and unfair trade practice,
299punishable as provided in part II of this chapter.
300     Section 4.  This act shall take effect October 1, 2005.


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