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