| 1 | Representative(s) Zapata offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 73-369 and insert: |
| 5 | occupational safety, or a related field of science from an |
| 6 | accredited institution, along with a minimum of 1 year of |
| 7 | documented field experience in a field related to mold |
| 8 | remediation, or a high school diploma, a GED, or the equivalent |
| 9 | with a minimum of 2 years of documented field experience in a |
| 10 | field related to mold remediation. |
| 11 | 2. For a mold assessor, at least a 2-year degree in |
| 12 | microbiology, engineering, architecture, industrial hygiene, |
| 13 | occupational safety, or a related field of science from an |
| 14 | accredited institution, along with a minimum of 1 year of |
| 15 | documented field experience in conducting microbial sampling or |
| 16 | investigations, or a high school diploma, a GED, or the |
| 17 | equivalent with a minimum of 2 years of documented field |
| 18 | experience in conducting microbial sampling or investigations. |
| 19 | (b) A certification related to performing mold assessment |
| 20 | or mold remediation, respectively. Such certification may be |
| 21 | issued by a not-for-profit industry association, society, or |
| 22 | certification body or by a college or university that offers |
| 23 | mold assessment or mold remediation training or education, |
| 24 | respectively. Qualified certification programs shall be |
| 25 | accredited by a nationally recognized independent accrediting |
| 26 | entity that sets programs and standards that comply with |
| 27 | American Society for Testing and Materials Standard E1929-98, |
| 28 | Standard Practice for Assessment of Certification Programs for |
| 29 | Environmental Professionals: Accreditation Criteria, or the |
| 30 | equivalent. |
| 31 | (2) A business entity may not provide or offer to provide |
| 32 | mold assessment or mold remediation services unless the business |
| 33 | entity satisfies all of the requirements of this part. |
| 34 | 468.833 Exemptions.-- |
| 35 | (1) The following persons are not required to comply with |
| 36 | this part with regard to any mold assessment: |
| 37 | (a) A residential property owner who performs mold |
| 38 | assessment on his or her own property. |
| 39 | (b) A person who performs mold assessment on property |
| 40 | owned or leased by the person, the person's employer, or an |
| 41 | entity affiliated with the person's employer through common |
| 42 | ownership, or on property operated or managed by the person's |
| 43 | employer or an entity affiliated with the person's employer |
| 44 | through common ownership. This exemption does not apply if the |
| 45 | person, employer, or affiliated entity engages in the business |
| 46 | of performing mold assessment for the public. |
| 47 | (c) An employee of a mold assessor while directly |
| 48 | supervised by the mold assessor. |
| 49 | (d) Individuals or business organizations that are not |
| 50 | specifically engaged in mold assessment but are acting within |
| 51 | the scope of the respective licenses required under chapter 471, |
| 52 | part I of chapter 481, chapter 482, or chapter 489, are acting |
| 53 | on behalf of an insurer under part VI of chapter 626, or are |
| 54 | individuals in the manufactured housing industry who are |
| 55 | licensed under chapter 320. |
| 56 | (e) An authorized employee of the United States, this |
| 57 | state, or any municipality, county, or other political |
| 58 | subdivision, or public or private school, who meets the |
| 59 | requirements of s. 468.832 and who is conducting mold assessment |
| 60 | within the scope of that employment, as long as the employee |
| 61 | does not hold out for hire or otherwise engage in mold |
| 62 | assessment. |
| 63 | (2) The following persons are not required to comply with |
| 64 | this part with regard to any mold remediation: |
| 65 | (a) A residential property owner who performs mold |
| 66 | remediation on his or her own property. |
| 67 | (b) A person who performs mold remediation on property |
| 68 | owned or leased by the person, the person's employer, or an |
| 69 | entity affiliated with the person's employer through common |
| 70 | ownership, or on property operated or managed by the person's |
| 71 | employer or an entity affiliated with the person's employer |
| 72 | through common ownership. This exemption does not apply if the |
| 73 | person, employer, or affiliated entity engages in the business |
| 74 | of performing mold remediation for the public. |
| 75 | (c) An employee of a mold remediator while directly |
| 76 | supervised by the mold remediator. |
| 77 | (d) Individuals or business organizations that are not |
| 78 | specifically engaged in mold remediation but that are acting |
| 79 | within the scope of the respective licenses required under |
| 80 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
| 81 | are acting on behalf of an insurer under part VI of chapter 626, |
| 82 | or are individuals in the manufactured housing industry who are |
| 83 | licensed under chapter 320. |
| 84 | (e) An authorized employee of the United States, this |
| 85 | state, or any municipality, county, or other political |
| 86 | subdivision, or public or private school, who meets the |
| 87 | requirements of s. 468.832 and who is conducting mold |
| 88 | remediation within the scope of that employment, as long as the |
| 89 | employee does not hold out for hire or otherwise engage in mold |
| 90 | remediation. |
| 91 | 468.834 Prohibited acts; penalties.-- |
| 92 | (1) A mold assessor, a company that employs a mold |
| 93 | assessor, or a company that is controlled by a company that also |
| 94 | has a financial interest in a company employing a mold assessor |
| 95 | may not: |
| 96 | (a) Perform or offer to perform any mold assessment |
| 97 | without complying with the requirements of this part. |
| 98 | (b) Perform or offer to perform any mold remediation to a |
| 99 | structure on which the mold assessor or the mold assessor's |
| 100 | company provided a mold assessment within the last 12 months. |
| 101 | (c) Inspect for a fee any property in which the assessor |
| 102 | or the assessor's company has any financial or transfer |
| 103 | interest. |
| 104 | (d) Accept any compensation, inducement, or reward from a |
| 105 | mold remediator or mold remediator's company for the referral of |
| 106 | any business to the mold remediator or the mold remediator's |
| 107 | company. |
| 108 | (e) Offer any compensation, inducement, or reward to a |
| 109 | mold remediator or mold remediator's company for the referral of |
| 110 | any business from the mold remediator or the mold remediator's |
| 111 | company. |
| 112 | (f) Accept an engagement to make an omission of the |
| 113 | assessment or conduct an assessment in which the assessment |
| 114 | itself, or the fee payable for the assessment, is contingent |
| 115 | upon the conclusions of the assessment. |
| 116 | (2) A mold remediator, a company that employs a mold |
| 117 | remediator, or a company that is controlled by a company that |
| 118 | also has a financial interest in a company employing a mold |
| 119 | remediator may not: |
| 120 | (a) Perform or offer to perform any mold remediation |
| 121 | without complying with the requirements of this part. |
| 122 | (b) Perform or offer to perform any mold assessment as |
| 123 | defined in s. 468.831. |
| 124 | (c) Remediate for a fee any property in which the mold |
| 125 | remediator or the mold remediator's company has any financial or |
| 126 | transfer interest. |
| 127 | (d) Accept any compensation, inducement, or reward from a |
| 128 | mold assessor or mold assessor's company for the referral of any |
| 129 | business from the mold assessor or the mold assessor's company. |
| 130 | (e) Offer any compensation, inducement, or reward to a |
| 131 | mold assessor or mold assessor's company for the referral of any |
| 132 | business from the mold assessor or the mold assessor's company. |
| 133 | (3) Any person who violates any provision of this section |
| 134 | commits: |
| 135 | (a) A misdemeanor of the second degree for a first |
| 136 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 137 | (b) A misdemeanor of the first degree for a second |
| 138 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 139 | (c) A felony of the third degree for a third or subsequent |
| 140 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 141 | s. 775.084. |
| 142 | 468.835 Insurance.-- |
| 143 | (1) Effective January 1, 2007, a mold assessor must |
| 144 | maintain general liability and errors and omissions insurance |
| 145 | coverage in an amount of not less than $250,000. |
| 146 | (2) Effective January 1, 2007, a mold remediator must |
| 147 | maintain general liability insurance policy in an amount of not |
| 148 | less than $500,000 that includes specific coverage for mold |
| 149 | related claims. |
| 150 | 468.836 Contracts.--A contract to perform mold assessment |
| 151 | or mold remediation must be in a document or electronic record, |
| 152 | signed or otherwise authenticated by the parties. A mold |
| 153 | assessment contract is not required to provide estimates related |
| 154 | to the cost of repair of an assessed property. A mold assessment |
| 155 | contract is not required to provide estimates. |
| 156 | 468.837 Statute of limitations.--Chapter 95 governs the |
| 157 | time at which an action to enforce an obligation, a duty, or a |
| 158 | right arising under this part must be commenced. |
| 159 | 468.838 Grandfather clause.--The provisions of this part |
| 160 | shall become effective upon becoming law and shall allow for a |
| 161 | period of 2 years after enactment in which persons currently |
| 162 | performing mold assessment or mold remediation as described |
| 163 | under this part have to complete the requirements of this part. |
| 164 |
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| 165 | ======= T I T L E A M E N D M E N T ======= |
| 166 | Remove lines 15-22 and insert: |
| 167 | limitations; providing a grandfather clause; providing an |
| 168 | effective |