Senate Bill sb0590c3

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    Florida Senate - 2005              CS for CS for CS for SB 590

    By the Committees on General Government Appropriations;
    Commerce and Consumer Services; Regulated Industries; and
    Senator Bennett



    601-2230-05

  1                      A bill to be entitled

  2         An act relating to mold assessment and

  3         remediation; creating s. 489.1134, F.S.;

  4         providing educational requirements and

  5         procedural requirements for mold remediation

  6         certification; providing for discipline;

  7         requiring review of mold remediation training

  8         programs; requiring a person certified under

  9         this section to be present on certain job

10         sites; assigning responsibility for workforce

11         compliance; requiring compliance; providing

12         definitions; creating s. 501.933, F.S.;

13         providing definitions; providing requirements

14         for practice as a mold assessor; providing

15         exemptions; providing prohibited acts and

16         penalties; requiring that mold assessors

17         maintain liability insurance; providing that

18         mold assessors do not have a duty to provide

19         repair cost estimates; providing limitations;

20         providing for enforcement of violations;

21         creating s. 501.934, F.S.; providing

22         definitions; providing requirements for

23         practice as a noncontracting mold remediator;

24         providing exemptions; providing prohibited acts

25         and penalties; requiring that noncontracting

26         mold remediators maintain liability insurance;

27         providing limitations; providing for

28         enforcement of violations; providing an

29         effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2005              CS for CS for CS for SB 590
    601-2230-05




 1         Section 1.  Section 489.1134, Florida Statutes, is

 2  created to read:

 3         489.1134  Mold remediation certification.--

 4         (1)(a)  In addition to the certification or

 5  registration required to engage in business as a contractor

 6  under this part, any contractor who wishes to engage in

 7  business as a contractor with a focus or emphasis on mold or

 8  mold remediation that is not incidental to the scope of his or

 9  her license shall take the courses or the number of course

10  hours determined by the board. Such courses or course hours

11  may count as part of the contractor's continuing education

12  requirement and shall be given by an instructional facility or

13  teaching entity that has been approved by the board. Upon

14  successful completion of the course, courses, or course hours,

15  the instructional facility or teaching entity that has been

16  approved by the board shall report such completion to the

17  department and issue to the taker of the course a certificate

18  of completion, which shall be available for inspection by any

19  entity or person seeking to have the contractor engage in

20  business as a contractor with a focus or emphasis on mold or

21  mold remediation that is not incidental to the license of the

22  contractor.

23         (b)  Any other natural person who is employed by a

24  licensed contractor to provide work on mold or mold

25  remediation shall, as a prerequisite to his or her

26  authorization to provide such service, take a course approved

27  by the board.

28         (c)  It is the responsibility of the contractor

29  licensed under this part to ensure that members of his or her

30  workforce who are engaging in business as a contractor with a

31  focus or emphasis on mold or mold remediation that is not

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1  incidental to the scope of the contractor's license are in

 2  compliance with this section, and such contractor is subject

 3  to discipline under s. 489.129 for violation of this section.

 4         (d)  Training programs in mold remediation shall be

 5  reviewed annually by the board to ensure that programs have

 6  been provided equitably across the state.

 7         (e)  Periodically, the board shall review training

 8  programs in mold remediation for quality in content and

 9  instruction. The board shall also respond to complaints

10  regarding approved programs.

11         (2)(a)  A person qualified under paragraph (1)(a) must

12  be present on any job site at which a person is engaging in

13  business as a contractor with a focus or emphasis on mold or

14  mold remediation that is not incidental to the scope of his or

15  her license.

16         (b)  It is the responsibility of the licensed

17  contractor to ensure compliance with paragraph (a), and such

18  contractor is subject to discipline under s. 489.129 for

19  violation of this subsection.

20         (3)  No contractor shall hold himself or herself out as

21  emphasizing in mold or mold remediation unless the contractor

22  is in compliance with this section.

23         (4)  The term "mold" means an organism of the class

24  fungi that causes disintegration of organic matter and

25  produces spores and includes any spores, hyphae, and

26  mycotoxins produced by mold. The term "mold remediation" means

27  the business as a contractor related to mold or

28  mold-contaminated matter.

29         Section 2.  Section 501.933, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1         501.933  Mold assessors; requirements; exemptions;

 2  prohibited acts and penalties; bond and insurance; limitations

 3  and enforcement.--

 4         (1)  DEFINITIONS.--As used in this section, the term:

 5         (a)  "Mold" means an organism of the class fungi that

 6  causes disintegration of organic matter and produces spores,

 7  and includes any spores, hyphae, and mycotoxins produced by

 8  mold.

 9         (b)  "Mold assessment" means:

10         1.  An inspection, investigation, or survey of a

11  dwelling or other structure to provide the owner or occupant

12  with information regarding the presence, identification, or

13  evaluation of mold;

14         2.  The development of a mold-management plan or

15  remediation protocol; or

16         3.  The collection or analysis of a mold sample.

17         (c)  "Mold assessor" means any person that performs or

18  directly supervises a mold assessment.

19         (2)  REQUIREMENTS FOR PRACTICE.--

20         (a)  A person shall not work as a mold assessor unless

21  he or she has evidence of, or works under the direct

22  supervision of a person who has evidence of, a certification

23  from either:

24         1.  A nonprofit organization with a focus on indoor air

25  quality or industrial hygiene that meets each of the following

26  criteria:

27         a.  Requires that a person may not obtain certification

28  unless the person has at least a 2-year degree in a scientific

29  or building science field and 3 years of documented experience

30  from a qualified mold assessor, or requires a 4-year degree in

31  a scientific or building science field.

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1         b.  Requires the person to pass an examination testing

 2  knowledge related to mold and mold assessment; or

 3         2.  A community college or university that offers mold

 4  assessment training or education.

 5         (b)  A business entity may not provide or offer to

 6  provide mold assessment services unless the business entity

 7  satisfies all of the requirements of this section.

 8         (3)  EXEMPTIONS.--The following persons are not

 9  required to comply with this section with regard to any mold

10  assessment:

11         (a)  A residential property owner who performs mold

12  assessment on his or her own property.

13         (b)  An owner or tenant, or a managing agent or

14  employee of an owner or tenant, who performs mold assessment

15  on property owned or leased by the owner or tenant. This

16  exemption does not apply if the managing agent or employee

17  engages in the business of performing mold assessment for the

18  public.

19         (c)  An employee of a licensee who performs mold

20  assessment while directly supervised by the mold assessor.

21         (d)  Individuals or business organizations licensed

22  under chapter 471, part I of chapter 481, chapter 482, or

23  chapter 489, or acting on behalf of an insurer under part VI

24  of chapter 626, or individuals in the manufactured housing

25  industry who are licensed under chapter 320, that are not

26  specifically engaged in mold assessment, but that are acting

27  within the scope of their respective licenses.

28         (e)  An authorized employee of the United States, this

29  state, or any municipality, county, or other political

30  subdivision, or public or private school, who meets the

31  requirements of subsection (2) and who is conducting mold

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1  assessment within the scope of that employment, as long as the

 2  employee does not hold out for hire or otherwise engage in

 3  mold assessment.

 4         (4)  PROHIBITED ACTS; PENALTIES.--

 5         (a)  A mold assessor, a company that employs a mold

 6  assessor, or a company that is controlled by a company that

 7  also has a financial interest in a company employing a mold

 8  assessor may not:

 9         1.  Perform or offer to perform any mold assessment

10  without complying with the requirements of this section.

11         2.  Perform or offer to perform any mold remediation to

12  a structure on which the mold assessor or the mold assessor's

13  company provided a mold assessment within the last 12 months.

14         3.  Inspect for a fee any property in which the

15  assessor or the assessor's company has any financial or

16  transfer interest.

17         4.  Accept any compensation, inducement, or reward from

18  a mold remediator or mold remediator's company for the

19  referral of any business to the mold remediator or the mold

20  remediator's company.

21         5.  Offer any compensation, inducement, or reward to a

22  mold remediator or mold remediator's company for the referral

23  of any business from the mold remediator or the mold

24  remediator's company.

25         6.  Accept an engagement to make an omission of the

26  assessment or conduct an assessment in which the assessment

27  itself, or the fee payable for the assessment, is contingent

28  upon the conclusions of the assessment.

29         (b)  Any person who violates any provision of this

30  subsection commits:

31  

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1         1.  A misdemeanor of the second degree for a first

 2  violation, punishable as provided in s. 775.082 or s. 775.083.

 3         2.  A misdemeanor of the first degree for a second

 4  violation, punishable as provided in s. 775.082 or s. 775.083.

 5         3.  A felony of the third degree for a third or

 6  subsequent violation, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         (5)  INSURANCE.--A mold assessor must maintain a

 9  mold-specific insurance policy in an amount of not less than

10  $1 million.

11         (6)  REPAIR COST ESTIMATES.--Mold assessors are not

12  required to provide estimates related to the cost of repair of

13  an assessed property.

14         (7)  STATUTE OF LIMITATIONS.--Chapter 95 governs the

15  time at which an action to enforce an obligation, duty, or

16  right arising under this section must be commenced.

17         (8)  ENFORCEMENT OF VIOLATIONS.--Any violation of this

18  section constitutes a deceptive and unfair trade practice,

19  punishable as provided in part II of this chapter.

20         Section 3.  Section 501.934, Florida Statutes, is

21  created to read:

22         501.934  Noncontracting mold remediators; requirements;

23  exemptions; prohibited acts and penalties; bond and insurance;

24  limitations and enforcement.--

25         (1)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Mold" means an organism of the class fungi that

27  causes disintegration of organic matter and produces spores,

28  and includes any spores, hyphae, and mycotoxins produced by

29  mold.

30         (b)  "Noncontracting mold remediation" means the

31  removal, cleaning, sanitizing, demolition, or other treatment,

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1  including preventive activities, of mold or mold-contaminated

 2  matter that was not purposely grown at that location; however,

 3  such removal, cleaning, sanitizing, demolition, or other

 4  treatment, including preventive activities, may not be work

 5  that requires a license under chapter 489 unless performed by

 6  a person who is licensed under that chapter or the work

 7  complies with that chapter.

 8         (c)  "Noncontracting mold remediator" means any person

 9  that performs mold remediation. A noncontracting mold

10  remediator may not perform any work that requires a license

11  under chapter 489 unless the noncontracting mold remediator is

12  also licensed under that chapter or complies with that

13  chapter.

14         (2)  REQUIREMENTS FOR PRACTICE.--

15         (a)  A person shall not work as a noncontracting mold

16  remediator unless he or she has evidence of, or works under

17  the direct supervision of a person who has evidence of, a

18  certification from either:

19         1.  A nonprofit organization with a focus on mold

20  remediation that meets each of the following criteria:

21         a.  Requires that a person has at least a high school

22  diploma and at least 2 years' experience in a field related to

23  mold remediation;

24         b.  Requires that a person has completed training

25  related to mold and mold remediation; and

26         c.  Requires the person to pass an examination testing

27  knowledge related to mold and mold remediation; or

28         2.  A community college or university that offers mold

29  remediation training or education.

30  

31  

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1         (b)  A business entity may not provide or offer to

 2  provide mold remediation services unless the business entity

 3  satisfies all of the requirements of this section.

 4         (3)  EXEMPTIONS.--The following persons are not

 5  required to comply with this section with regard to any

 6  noncontracting mold remediation:

 7         (a)  A residential property owner who performs

 8  noncontracting mold remediation on his or her own property.

 9         (b)  An owner or tenant, or a managing agent or

10  employee of an owner or tenant, who performs noncontracting

11  mold remediation on property owned or leased by the owner or

12  tenant so long as such remediation is within the routine

13  maintenance of a building structure. This exemption does not

14  apply if the managing agent or employee engages in the

15  business of performing noncontracting mold remediation for the

16  public.

17         (c)  An employee of a licensee who performs

18  noncontracting mold remediation while directly supervised by

19  the noncontracting mold remediator.

20         (d)  Individuals or business organizations licensed

21  under chapter 471, part I of chapter 481, chapter 482, or

22  chapter 489, or acting on behalf of an insurer under part VI

23  of chapter 626, or individuals in the manufactured housing

24  industry who are licensed under chapter 320, that are not

25  specifically engaged in mold remediation, but that are acting

26  within the scope of their respective licenses.

27         (e)  An authorized employee of the United States, this

28  state, or any municipality, county, or other political

29  subdivision, or public or private school, who meets the

30  requirements of subsection (2) and who is conducting mold

31  remediation within the scope of that employment, as long as

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1  the employee does not hold out for hire or otherwise engage in

 2  mold remediation.

 3         (4)  PROHIBITED ACTS; PENALTIES.--

 4         (a)  A noncontracting mold remediator, a company that

 5  employs a noncontracting mold remediator, or a company that is

 6  controlled by a company that also has a financial interest in

 7  a company employing a noncontracting mold remediator may not:

 8         1.  Perform or offer to perform any mold remediation

 9  without complying with the requirements of this section.

10         2.  Perform or offer to perform any mold assessment as

11  defined in s. 501.933.

12         3.  Remediate for a fee any property in which the

13  noncontracting mold remediator or the noncontracting mold

14  remediator's company has any financial or transfer interest.

15         4.  Accept any compensation, inducement, or reward from

16  a mold assessor or mold assessor's company for the referral of

17  any business from the mold assessor or the mold assessor's

18  company.

19         5.  Offer any compensation, inducement, or reward to a

20  mold assessor or mold assessor's company for the referral of

21  any business from the mold assessor or the mold assessor's

22  company.

23         (b)  Any person who violates any provision of this

24  subsection commits:

25         1.  A misdemeanor of the second degree for a first

26  violation, punishable as provided in s. 775.082 or s. 775.083.

27         2.  A misdemeanor of the first degree for a second

28  violation, punishable as provided in s. 775.082 or s. 775.083.

29         3.  A felony of the third degree for a third or

30  subsequent violation, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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    Florida Senate - 2005              CS for CS for CS for SB 590
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 1         (5)  INSURANCE.--A noncontracting mold remediator shall

 2  maintain a general liability insurance policy with a mold

 3  insurance pollution rider in an amount of not less than $1

 4  million.

 5         (6)  STATUTE OF LIMITATIONS.--Chapter 95 governs the

 6  time at which an action to enforce an obligation, duty, or

 7  right arising under this section must be commenced.

 8         (7)  ENFORCEMENT OF VIOLATIONS.--Any violation of this

 9  section constitutes a deceptive and unfair trade practice,

10  punishable as provided in part II of this chapter.

11         Section 4.  This act shall take effect October 1, 2005.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                           CS/CS/SB 590

15                                 

16  This committee substitute

17  o    Creates section 489.1134, F.S., mold remediation
         certification, to provide guidelines to entities engaged
18       in mold or mold remediation.

19  o    Creates sections 501.933 and 501.934, F.S., to require
         certification in mold assessment or mold remediation.
20  
    o    Provides exemptions to the certification requirement to
21       specified groups and employees and residential property
         owners.
22  
    o    Requires a mold-specific insurance policy not less than
23       $1 million, and requires non-contracting mold remediators
         to maintain a liability insurance policy with a mold
24       pollution rider not less than $1 million.

25  o    Provides civil and criminal penalties for violations of
         the provisions relating to mold assessment and mold
26       remediation.

27  

28  

29  

30  

31  

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