Amendment
Bill No. 0315
Amendment No. 919825
CHAMBER ACTION
Senate House
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1Representative(s) Allen offered the following:
2
3     Amendment (with title amendment)
4     Between lines 15 and 16, insert:
5     Section 1.  Section 489.1134, Florida Statutes, is created
6to read:
7     489.1134  Mold remediation certification.--
8     (1)(a)  In addition to the certification or registration
9required to engage in business as a contractor under this part,
10any contractor who wishes to engage in business as a contractor
11with a focus or emphasis on mold or mold remediation that is not
12incidental to the scope of his or her license shall take the
13courses or the number of course hours determined by the board.
14Such courses or course hours may count as part of the
15contractor's continuing education requirement and shall be given
16by an instructional facility or teaching entity that has been
17approved by the board. Upon successful completion of the course,
18courses, or course hours the instructional facility or teaching
19entity that has been approved by the board, shall report such
20completion to the department and issue to the taker of the
21course a certificate of completion which shall be available for
22inspection by any entity or person seeking to have the
23contractor engage in business as a contractor with a focus or
24emphasis on mold or mold remediation that is not incidental to
25the license of the contractor.
26     (b)  Any other natural person who is employed by a licensed
27contractor to provide work on mold or mold remediation shall, as
28a prerequisite to his or her authorization to provide such
29service, take a course approved by the board.
30     (c)  It is the responsibility of the contractor licensed
31under this part to ensure that members of his or her workforce
32who are engaging in business as a contractor with a focus or
33emphasis on mold or mold remediation that is not incidental to
34the scope of the contractor's license are in compliance with
35this section, and such contractor is subject to discipline under
36s. 489.129 for violation of this section.
37     (d)  Training programs in mold remediation shall be
38reviewed annually by the board to ensure that programs have been
39provided equitably across the state.
40     (e)  Periodically, the board shall review training programs
41in mold remediation for quality in content and instruction. The
42board shall also respond to complaints regarding approved
43programs.
44     (2)(a)  A person qualified under paragraph (1)(a) must be
45present on any job site at which a person is engaging in
46business as a contractor with a focus or emphasis on mold or
47mold remediation that is not incidental to the scope of his or
48her license.
49     (b)  It is the responsibility of the licensed contractor to
50ensure compliance with paragraph (a), and such contractor is
51subject to discipline under s. 489.129 for violation of this
52subsection.
53     (3)  No contractor shall hold himself or herself out as
54emphasizing in mold or mold remediation unless the contractor is
55in compliance with this section.
56     (4)  The term "mold" means an organism of the class fungi
57that causes disintegration of organic matter and produces spores
58and includes any spores, hyphae, and mycotoxins produced by
59mold. The term "mold remediation" means the business as a
60contractor related to mold or mold-contaminated matter.
61     Section 2.  Section 501.933, Florida Statutes, is created
62to read:
63     501.933  Mold assessors; requirements; exemptions;
64prohibited acts and penalties; bond and insurance; limitations
65and enforcement.--
66     (1)  DEFINITIONS.--As used in this section, the term:
67     (a)  "Mold" means an organism of the class fungi that
68causes disintegration of organic matter and produces spores and
69includes any spores, hyphae, and mycotoxins produced by mold.
70     (b)  "Mold assessment" means:
71     1.  An inspection, investigation, or survey of a dwelling
72or other structure to provide the owner or occupant with
73information regarding the presence, identification, or
74evaluation of mold;
75     2.  The development of a mold-management plan or
76remediation protocol; or
77     3.  The collection or analysis of a mold sample.
78     (c)  "Mold assessor" means any person that performs or
79directly supervises a mold assessment.
80     (2)  REQUIREMENTS FOR PRACTICE.--
81     (a)  A person shall not work as a mold assessor unless he
82or she has evidence of, or works under the direct supervision of
83a person who has evidence of, a certification from either:
84     1.  A nonprofit organization with a focus on indoor air
85quality or industrial hygiene that meets each of the following
86criteria:
87     a.  Requires that a person may not obtain certification
88unless the person has at least a 2-year degree in a scientific
89or building science field and 3 years of documented experience
90from a qualified mold assessor, or requires a 4-year degree in a
91scientific or building science field;
92     b.  Requires the person to pass an examination testing
93knowledge related to mold and mold assessment; or
94     2.  A community college or university that offers mold
95assessment training or education.
96     (b)  A business entity may not provide or offer to provide
97mold assessment services unless the business entity satisfies
98all of the requirements of this section.
99     (3)  EXEMPTIONS.--The following persons are not required to
100comply with this section with regard to any mold assessment:
101     (a)  A residential property owner who performs mold
102assessment on his or her own property.
103     (b)  An owner or tenant, or a managing agent or employee of
104an owner or tenant, who performs mold assessment on property
105owned or leased by the owner or tenant. This exemption does not
106apply if the managing agent or employee engages in the business
107of performing mold assessment for the public.
108     (c)  An employee of a licensee who performs mold assessment
109while directly supervised by the mold assessor.
110     (d)  Individuals or business organizations licensed under
111chapter 471, part I of chapter 481, chapter 482, or chapter 489,
112or acting on behalf of an insurer under part VI of chapter 626,
113or individuals in the manufactured housing industry who are
114licensed under chapter 320, that are not specifically engaged in
115mold assessment, but that are acting within the scope of their
116respective licenses.
117     (e)  An authorized employee of the United States, this
118state, or any municipality, county, or other political
119subdivision, or public or private school, who meets the
120requirements of subsection (2) and who is conducting mold
121assessment within the scope of that employment, as long as the
122employee does not hold out for hire or otherwise engage in mold
123assessment.
124     (4)  PROHIBITED ACTS; PENALTIES.--
125     (a)  A mold assessor, a company that employs a mold
126assessor, or a company that is controlled by a company that also
127has a financial interest in a company employing a mold assessor
128may not:
129     1.  Perform or offer to perform any mold assessment without
130complying with the requirements of this section.
131     2.  Perform or offer to perform any mold remediation to a
132structure on which the mold assessor or the mold assessor's
133company provided a mold assessment within the last 12 months.
134     3.  Inspect for a fee any property in which the assessor or
135the assessor's company has any financial or transfer interest.
136     4.  Accept any compensation, inducement, or reward from a
137mold remediator or mold remediator's company for the referral of
138any business to the mold remediator or the mold remediator's
139company.
140     5.  Offer any compensation, inducement, or reward to a mold
141remediator or mold remediator's company for the referral of any
142business from the mold remediator or the mold remediator's
143company.
144     6.  Accept an engagement to make an omission of the
145assessment or conduct an assessment in which the assessment
146itself, or the fee payable for the assessment, is contingent
147upon the conclusions of the assessment.
148     (b)  Any person who violates any provision of this
149subsection commits:
150     1.  A misdemeanor of the second degree for a first
151violation, punishable as provided in s. 775.082 or s. 775.083.
152     2.  A misdemeanor of the first degree for a second
153violation, punishable as provided in s. 775.082 or s. 775.083.
154     3.  A felony of the third degree for a third or subsequent
155violation, punishable as provided in s. 775.082, s. 775.083, or
156s. 775.084.
157     (5)  INSURANCE.--A mold assessor must maintain a mold-
158mold-specific insurance policy in an amount of not less than $1
159million.
160     (6)  REPAIR COST ESTIMATES.--Mold assessors are not
161required to provide estimates related to the cost of repair of
162an assessed property.
163     (7)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
164at which an action to enforce an obligation, duty, or right
165arising under this section must be commenced.
166     (8)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
167section constitutes a deceptive and unfair trade practice,
168punishable as provided in part II of this chapter.
169     Section 3.  Section 501.934, Florida Statutes, is created
170to read:
171     501.934  Noncontracting mold remediators; requirements;
172exemptions; prohibited acts and penalties; bond and insurance;
173limitations and enforcement.--
174     (1)  DEFINITIONS.--As used in this section, the term:
175     (a)  "Mold" means an organism of the class fungi that
176causes disintegration of organic matter and produces spores and
177includes any spores, hyphae, and mycotoxins produced by mold.
178     (b)  "Noncontracting mold remediation" means the removal,
179cleaning, sanitizing, demolition, or other treatment, including
180preventive activities, of mold or mold-contaminated matter that
181was not purposely grown at that location; however, such removal,
182cleaning, sanitizing, demolition, or other treatment, including
183preventive activities, may not be work that requires a license
184under chapter 489 unless performed by a person who is licensed
185under that chapter or the work complies with that chapter.
186     (c)  "Noncontracting mold remediator" means any person that
187performs mold remediation. A noncontracting mold remediator may
188not perform any work that requires a license under chapter 489
189unless the noncontracting mold remediator is also licensed under
190that chapter or complies with that chapter.
191     (2)  REQUIREMENTS FOR PRACTICE.--
192     (a)  A person shall not work as a noncontracting mold
193remediator unless he or she has evidence of, or works under the
194direct supervision of a person who has evidence of, a
195certification from either:
196     1.  A nonprofit organization with a focus on mold
197remediation that meets each of the following criteria:
198     a.  Requires that a person has at least a high school
199diploma and at least 2 years' experience in a field related to
200mold remediation;
201     b.  Requires that a person has completed training related
202to mold and mold remediation; and
203     c.  Requires the person to pass an examination testing
204knowledge related to mold and mold remediation; or
205     2.  A community college or university that offers mold
206remediation training or education.
207     (b)  A business entity may not provide or offer to provide
208mold remediation services unless the business entity satisfies
209all of the requirements of this section.
210     (3)  EXEMPTIONS.--The following persons are not required to
211comply with this section with regard to any noncontracting mold
212remediation:
213     (a)  A residential property owner who performs
214noncontracting mold remediation on his or her own property.
215     (b)  An owner or tenant, or a managing agent or employee of
216an owner or tenant, who performs noncontracting mold remediation
217on property owned or leased by the owner or tenant so long as
218such remediation is within the routine maintenance of a building
219structure. This exemption does not apply if the managing agent
220or employee engages in the business of performing noncontracting
221mold remediation for the public.
222     (c)  An employee of a licensee who performs noncontracting
223mold remediation while directly supervised by the noncontracting
224mold remediator.
225     (d)  Individuals or business organizations licensed under
226chapter 471, part I of chapter 481, chapter 482, or chapter 489,
227or acting on behalf of an insurer under part VI of chapter 626,
228or individuals in the manufactured housing industry who are
229licensed under chapter 320, that are not specifically engaged in
230mold remediation, but that are acting within the scope of their
231respective licenses.
232     (e)  An authorized employee of the United States, this
233state, or any municipality, county, or other political
234subdivision, or public or private school, who meets the
235requirements of subsection (2) and who is conducting mold
236remediation within the scope of that employment, as long as the
237employee does not hold out for hire or otherwise engage in mold
238remediation.
239     (4)  PROHIBITED ACTS; PENALTIES.--
240     (a)  A noncontracting mold remediator, a company that
241employs a noncontracting mold remediator, or a company that is
242controlled by a company that also has a financial interest in a
243company employing a noncontracting mold remediator may not:
244     1.  Perform or offer to perform any mold remediation
245without complying with the requirements of this section.
246     2.  Perform or offer to perform any mold assessment as
247defined in s. 501.933.
248     3.  Remediate for a fee any property in which the
249noncontracting mold remediator or the noncontracting mold
250remediator's company has any financial or transfer interest.
251     4.  Accept any compensation, inducement, or reward from a
252mold assessor or mold assessor's company for the referral of any
253business from the mold assessor or the mold assessor's company.
254     5.  Offer any compensation, inducement, or reward to a mold
255assessor or mold assessor's company for the referral of any
256business from the mold assessor or the mold assessor's company.
257     (b)  Any person who violates any provision of this
258subsection commits:
259     1.  A misdemeanor of the second degree for a first
260violation, punishable as provided in s. 775.082 or s. 775.083.
261     2.  A misdemeanor of the first degree for a second
262violation, punishable as provided in s. 775.082 or s. 775.083.
263     3.  A felony of the third degree for a third or subsequent
264violation, punishable as provided in s. 775.082, s. 775.083, or
265s. 775.084.
266     (5)  INSURANCE.--A noncontracting mold remediator shall
267maintain a general liability insurance policy with a mold
268insurance pollution rider in an amount of not less than $1
269million.
270     (6)  STATUTE OF LIMITATIONS.--Chapter 95 governs the time
271at which an action to enforce an obligation, duty, or right
272arising under this section must be commenced.
273     (7)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
274section constitutes a deceptive and unfair trade practice,
275punishable as provided in part II of this chapter.
276
277================ T I T L E  A M E N D M E N T =============
278     Remove line 6 and insert:
279An act relating to home inspection services; creating s.
280489.1134, F.S.; providing educational requirements and
281procedural requirements for mold remediation certification;
282providing for discipline; requiring review of mold remediation
283training programs; requiring a person certified under this
284section to be present on certain job sites; assigning
285responsibility for workforce compliance; requiring compliance;
286providing definitions; creating s. 501.933, F.S.; providing
287definitions; providing requirements for practice as a mold
288assessor; providing exemptions; providing prohibited acts and
289penalties; requiring that mold assessors maintain liability
290insurance; providing that mold assessors do not have a duty to
291provide repair cost estimates; providing limitations; providing
292for enforcement of violations; creating s. 501.934, F.S.;
293providing definitions; providing requirements for practice as a
294noncontracting mold remediator; providing exemptions; providing
295prohibited acts and penalties; requiring that noncontracting
296mold remediators maintain liability insurance; providing
297limitations; providing for enforcement of violations; creating
298s.


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