1 | The Insurance Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to building assessment and remediation; |
7 | creating pt. XV of ch. 468, F.S., relating to regulation |
8 | of mold assessment and mold remediation; providing |
9 | legislative intent; providing definitions; providing |
10 | requirements for practice of mold assessment or mold |
11 | remediation; providing exemptions; providing for |
12 | prohibited acts and penalties; providing insurance |
13 | requirements; providing for contracts to perform mold |
14 | assessment or mold remediation; providing a statute of |
15 | limitations; providing a grandfather clause; creating pt. |
16 | XVI of ch. 468, F.S., relating to regulation of home |
17 | inspection services; providing definitions; providing |
18 | requirements for practice; providing exemptions; providing |
19 | prohibited acts and penalties; requiring liability |
20 | insurance; exempting certain persons from duty to provide |
21 | repair cost estimates; providing a statute of limitations; |
22 | providing a grandfather clause; providing an effective |
23 | date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Part XV of chapter 468, Florida Statutes, |
28 | consisting of sections 468.83, 468.831, 468.832, 468.833, |
29 | 468.834, 468.835, 468.836, 468.837, and 468.838, is created to |
30 | read: |
31 | 468.83 Legislative intent.--It is the intent of the |
32 | Legislature pursuant to s. 11.62 that professions and |
33 | occupations covered by this part be regulated in a manner that |
34 | does not unnecessarily restrict entry into such professions or |
35 | occupations. The Legislature finds that this part provides a |
36 | measure of protection for homeowners by providing education, |
37 | experience, and testing requirements for persons in such |
38 | professions or occupations necessary to protect homeowners' |
39 | investments in their homes. |
40 | 468.831 Definitions.--As used in this part, the term: |
41 | (1) "Mold" means an organism of the class fungi that |
42 | causes disintegration of organic matter and produces spores, and |
43 | includes any spores, hyphae, and mycotoxins produced by mold. |
44 | (2) "Mold assessment" means: |
45 | (a) An investigation or survey of a dwelling or other |
46 | structure to provide the owner or occupant with information |
47 | regarding the presence, identification, or evaluation of mold; |
48 | (b) The development of a mold-management plan or mold- |
49 | remediation protocol; or |
50 | (c) The collection or analysis of a mold sample. |
51 | (3) "Mold assessor" means any person who performs or |
52 | directly supervises a mold assessment. |
53 | (4) "Mold remediation" means the removal, cleaning, |
54 | sanitizing, demolition, or other treatment, including preventive |
55 | activities, of mold or mold-contaminated matter that was not |
56 | purposely grown at that location; however, such removal, |
57 | cleaning, sanitizing, demolition, or other treatment, including |
58 | preventive activities, may not be work that requires a license |
59 | under chapter 489 unless performed by a person who is licensed |
60 | under that chapter or the work complies with that chapter. |
61 | (5) "Mold remediator" means any person who performs mold |
62 | remediation. A mold remediator may not perform any work that |
63 | requires a license under chapter 489 unless the mold remediator |
64 | is also licensed under that chapter or complies with that |
65 | chapter. |
66 | 468.832 Requirements for practice.-- |
67 | (1) A person shall not work as a mold assessor or mold |
68 | remediator unless he or she has evidence of, or works under the |
69 | direct supervision of a person who has evidence of, the |
70 | following: |
71 | (a)1. For a mold remediator, at least a 2-year degree in |
72 | microbiology, engineering, architecture, industrial hygiene, or |
73 | a related field of science from an accredited institution, along |
74 | with a minimum of 1 year of documented field experience in a |
75 | field related to mold remediation, or a high school diploma, a |
76 | GED, or the equivalent with a minimum of 2 years of documented |
77 | field experience in a field related to mold remediation. |
78 | 2. For a mold assessor, at least a 2-year degree in |
79 | microbiology, engineering, architecture, industrial hygiene, or |
80 | a related field of science from an accredited institution, along |
81 | with a minimum of 1 year of documented field experience in |
82 | conducting microbial sampling or investigations, or a high |
83 | school diploma, a GED, or the equivalent with a minimum of 2 |
84 | years of documented field experience in conducting microbial |
85 | sampling or investigations. |
86 | (b) A certification related to performing mold assessment |
87 | or mold remediation, respectively. Such certification may be |
88 | issued by a not-for-profit industry association, society, or |
89 | certification body or by a college or university that offers |
90 | mold assessment training or education. Qualified certification |
91 | programs shall be accredited by a nationally recognized |
92 | independent accrediting entity that sets programs and standards |
93 | that comply with American Society for Testing and Materials |
94 | Standard E1929-98, Standard Practice for Assessment of |
95 | Certification Programs for Environmental Professionals: |
96 | Accreditation Criteria, or the equivalent. |
97 | (2) A business entity may not provide or offer to provide |
98 | mold assessment or mold remediation services unless the business |
99 | entity satisfies all of the requirements of this part. |
100 | 468.833 Exemptions.-- |
101 | (1) The following persons are not required to comply with |
102 | this part with regard to any mold assessment: |
103 | (a) A residential property owner who performs mold |
104 | assessment on his or her own property. |
105 | (b) An owner or tenant, or a managing agent or employee of |
106 | an owner or tenant, who performs mold assessment on property |
107 | owned or leased by the owner or tenant. This exemption does not |
108 | apply if the managing agent or employee engages in the business |
109 | of performing mold assessment for the public. |
110 | (c) An employee of a licensee who performs mold assessment |
111 | while directly supervised by the mold assessor. |
112 | (d) Individuals or business organizations that are not |
113 | specifically engaged in mold assessment but are acting within |
114 | the scope of the respective licenses required under chapter 471, |
115 | part I of chapter 481, chapter 482, or chapter 489, are acting |
116 | on behalf of an insurer under part VI of chapter 626, or are |
117 | individuals in the manufactured housing industry who are |
118 | licensed under chapter 320. |
119 | (e) An authorized employee of the United States, this |
120 | state, or any municipality, county, or other political |
121 | subdivision, or public or private school, who meets the |
122 | requirements of s. 468.832 and who is conducting mold assessment |
123 | within the scope of that employment, as long as the employee |
124 | does not hold out for hire or otherwise engage in mold |
125 | assessment. |
126 | (2) The following persons are not required to comply with |
127 | this part with regard to any mold remediation: |
128 | (a) A residential property owner who performs mold |
129 | remediation on his or her own property. |
130 | (b) An owner or tenant, or a managing agent or employee of |
131 | an owner or tenant, who performs mold remediation on property |
132 | owned or leased by the owner or tenant so long as such |
133 | remediation is within the routine maintenance of a building |
134 | structure. This exemption does not apply if the managing agent |
135 | or employee engages in the business of performing mold |
136 | remediation for the public. |
137 | (c) An employee of a mold remediator while directly |
138 | supervised by the mold remediator. |
139 | (d) Individuals or business organizations that are not |
140 | specifically engaged in mold remediation but that are acting |
141 | within the scope of the respective licenses required under |
142 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
143 | are acting on behalf of an insurer under part VI of chapter 626, |
144 | or are individuals in the manufactured housing industry who are |
145 | licensed under chapter 320. |
146 | (e) An authorized employee of the United States, this |
147 | state, or any municipality, county, or other political |
148 | subdivision, or public or private school, who meets the |
149 | requirements of s. 468.832 and who is conducting mold |
150 | remediation within the scope of that employment, as long as the |
151 | employee does not hold out for hire or otherwise engage in mold |
152 | remediation. |
153 | 468.834 Prohibited acts; penalties.-- |
154 | (1) A mold assessor, a company that employs a mold |
155 | assessor, or a company that is controlled by a company that also |
156 | has a financial interest in a company employing a mold assessor |
157 | may not: |
158 | (a) Perform or offer to perform any mold assessment |
159 | without complying with the requirements of this part. |
160 | (b) Perform or offer to perform any mold remediation to a |
161 | structure on which the mold assessor or the mold assessor's |
162 | company provided a mold assessment within the last 12 months. |
163 | (c) Inspect for a fee any property in which the assessor |
164 | or the assessor's company has any financial or transfer |
165 | interest. |
166 | (d) Accept any compensation, inducement, or reward from a |
167 | mold remediator or mold remediator's company for the referral of |
168 | any business to the mold remediator or the mold remediator's |
169 | company. |
170 | (e) Offer any compensation, inducement, or reward to a |
171 | mold remediator or mold remediator's company for the referral of |
172 | any business from the mold remediator or the mold remediator's |
173 | company. |
174 | (f) Accept an engagement to make an omission of the |
175 | assessment or conduct an assessment in which the assessment |
176 | itself, or the fee payable for the assessment, is contingent |
177 | upon the conclusions of the assessment. |
178 | (2) A mold remediator, a company that employs a mold |
179 | remediator, or a company that is controlled by a company that |
180 | also has a financial interest in a company employing a mold |
181 | remediator may not: |
182 | (a) Perform or offer to perform any mold remediation |
183 | without complying with the requirements of this part. |
184 | (b) Perform or offer to perform any mold assessment as |
185 | defined in s. 468.831. |
186 | (c) Remediate for a fee any property in which the mold |
187 | remediator or the mold remediator's company has any financial or |
188 | transfer interest. |
189 | (d) Accept any compensation, inducement, or reward from a |
190 | mold assessor or mold assessor's company for the referral of any |
191 | business from the mold assessor or the mold assessor's company. |
192 | (e) Offer any compensation, inducement, or reward to a |
193 | mold assessor or mold assessor's company for the referral of any |
194 | business from the mold assessor or the mold assessor's company. |
195 | (3) Any person who violates any provision of this section |
196 | commits: |
197 | (a) A misdemeanor of the second degree for a first |
198 | violation, punishable as provided in s. 775.082 or s. 775.083. |
199 | (b) A misdemeanor of the first degree for a second |
200 | violation, punishable as provided in s. 775.082 or s. 775.083. |
201 | (c) A felony of the third degree for a third or subsequent |
202 | violation, punishable as provided in s. 775.082, s. 775.083, or |
203 | s. 775.084. |
204 | 468.835 Insurance.-- |
205 | (1) Effective January 1, 2007, a mold assessor must |
206 | maintain general liability and errors and omissions insurance |
207 | coverage in an amount of not less than $250,000. |
208 | (2) Effective January 1, 2007, a mold remediator must |
209 | maintain general liability insurance policy in an amount of not |
210 | less than $500,000 that includes specific coverage for mold |
211 | related claims. |
212 | 468.836 Contracts.--A contract to perform mold assessment |
213 | or mold remediation must be in a document or electronic record, |
214 | signed or otherwise authenticated by the parties. A mold |
215 | assessment contract is not required to provide estimates related |
216 | to the cost of repair of an assessed property. A mold assessment |
217 | contract is not required to provide estimates. |
218 | 468.837 Statute of limitations.--Chapter 95 governs the |
219 | time at which an action to enforce an obligation, a duty, or a |
220 | right arising under this part must be commenced. |
221 | 468.838 Grandfather clause.--The provisions of this part |
222 | shall become effective upon becoming law and shall allow for a |
223 | period of 2 years after enactment in which persons currently |
224 | performing mold assessment or mold remediation as described |
225 | under this part have to complete the requirements of this part. |
226 | Section 2. Part XVI of chapter 468, Florida Statutes, |
227 | consisting of sections 468.841, 468.842, 468.843, 468.844, |
228 | 468.845, 468.846, 468.847, and 468.848, is created to read: |
229 | 468.841 Definitions.--As used in this part, the term: |
230 | (1) "Home" means any residential real property, or |
231 | manufactured or modular home, that is a single-family dwelling, |
232 | duplex, triplex, quadruplex, condominium unit, or cooperative |
233 | unit. The term does not include the common areas of condominiums |
234 | or cooperatives. |
235 | (2) "Home inspector" means any person who provides or |
236 | offers to provide a home inspection for a fee or other |
237 | compensation. |
238 | (3) "Home inspection" means a limited visual examination |
239 | of one or more of the readily accessible installed systems and |
240 | components of a home, including, but not limited to, the |
241 | structure, electrical system, HVAC system, roof covering, |
242 | plumbing system, interior components, exterior components, and |
243 | site conditions that affect the structure, for the purpose of |
244 | providing a written professional opinion of the condition of the |
245 | home. |
246 | 468.842 Requirements for practice.-- |
247 | (1) A person may not work as a home inspector unless he or |
248 | she: |
249 | (a) Has successfully completed a course of study of not |
250 | less than 80 hours, which requires a passing score on a |
251 | psychometrically valid examination in home inspections, and |
252 | which includes, but is not limited to, each of the following |
253 | components of a home: structure; electrical system; roof |
254 | covering; plumbing system; interior components; exterior |
255 | components; and site conditions that affect the structure, and |
256 | heating, ventilation, and cooling systems. Courses of study |
257 | prescribed under this section must be accredited by a nationally |
258 | recognized third-party independent accrediting entity that sets |
259 | programs and standards that ensure certificant competence. |
260 | (b) Annually completes 8 hours of continuing education |
261 | related to home inspections. |
262 | (c) Discloses to the consumer in writing prior to |
263 | contracting for or commencing a home inspection: |
264 | 1. That the home inspector meets the education and |
265 | examination requirements of this section. |
266 | 2. That the home inspector maintains the commercial |
267 | general liability insurance policy as required by this part. |
268 | 3. The scope and any exclusions of the home inspection. |
269 | 4. A statement of experience that includes either the |
270 | approximate number of home inspections the home inspector has |
271 | performed for a fee or the number of years of experience as a |
272 | home inspector. |
273 | (2) A business entity may not provide or offer to provide |
274 | home inspection services unless each of the home inspectors |
275 | employed by the business entity satisfies all the requirements |
276 | of this part. |
277 | (3) A business entity may not use, in connection with the |
278 | name or signature of the business entity, the title "home |
279 | inspectors" to describe the business entity's services unless |
280 | each of the home inspectors employed by the business entity |
281 | satisfies all the requirements of this part. |
282 | 468.843 Exemptions.--The following persons are not |
283 | required to comply with this part when acting within the scope |
284 | of practice authorized by such license, except when such persons |
285 | are conducting, producing, disseminating, or charging a fee for |
286 | a home inspection or otherwise operating within the scope of |
287 | this part: |
288 | (1) A construction contractor licensed under chapter 489. |
289 | (2) An architect licensed under chapter 481. |
290 | (3) An engineer licensed under chapter 471. |
291 | (4) A building code administrator, plans examiner, or |
292 | building code inspector licensed under part XII of chapter 468. |
293 | (5) A certified real estate appraiser, licensed real |
294 | estate appraiser, or registered real estate appraiser licensed |
295 | under part II of chapter 475. |
296 | (6) An inspector whose report is being provided to, and is |
297 | solely for the benefit of, the Federal Housing Administration or |
298 | the Veterans Administration. |
299 | (7) An inspector conducting inspections for wood- |
300 | destroying organisms on behalf of a licensee under chapter 482. |
301 | (8) A firesafety inspector certified under s. 633.081. |
302 | (9) An insurance adjuster licensed under part VI of |
303 | chapter 626. |
304 | (10) An officer appointed by the court. |
305 | (11) A master septic tank contractor licensed under part |
306 | III of chapter 489. |
307 | (l2) A certified energy auditor performing an energy audit |
308 | of any home or building conducted under chapter 366 or rules |
309 | adopted by the Public Service Commission. |
310 | (13) A mobile home manufacturer, dealer, or installer |
311 | regulated or licensed under chapter 320 and any employees or |
312 | agents of the manufacturer, dealer, or installer. |
313 | 468.844 Prohibited acts; penalties.-- |
314 | (1) A home inspector, a company that employs a home |
315 | inspector, or a company that is controlled by a company that has |
316 | a financial interest in a company employing a home inspector may |
317 | not: |
318 | (a) Perform or offer to perform, prior to closing, for any |
319 | additional fee, any repairs to a home on which the inspector or |
320 | the inspector's company has prepared a home inspection report. |
321 | This paragraph does not apply to a home warranty company that is |
322 | affiliated with or retains a home inspector to perform repairs |
323 | pursuant to a claim made under a home warranty contract. |
324 | (b) Inspect for a fee any property in which the inspector |
325 | or the inspector's company has any financial or transfer |
326 | interest. |
327 | (c) Offer or deliver any compensation, inducement, or |
328 | reward to the owner of the inspected property, or any broker or |
329 | agent therefor, for the referral of any business to the |
330 | inspector or the inspector's company. |
331 | (d) Accept an engagement to make an omission or prepare a |
332 | report in which the inspection itself, or the fee payable for |
333 | the inspection, is contingent upon the conclusions in the |
334 | report, the preestablished findings, or the close of escrow. |
335 | (2) Any person who violates any provision of this section |
336 | commits: |
337 | (a) A misdemeanor of the second degree for a first |
338 | violation, punishable as provided in s. 775.082 or s. 775.083. |
339 | (b) A misdemeanor of the first degree for a second |
340 | violation, punishable as provided in s. 775.082 or s. 775.083. |
341 | (c) A felony of the third degree for a third or subsequent |
342 | violation, punishable as provided in s. 775.082, s. 775.083, or |
343 | s. 775.084. |
344 | 468.845 Insurance.--A home inspector must maintain a |
345 | commercial general liability insurance policy in an amount of |
346 | not less that $300,000. |
347 | 468.846 Repair cost estimates.--Home inspectors are not |
348 | required to provide estimates related to the cost of repair of |
349 | an inspected property. |
350 | 468.847 Statute of limitations.--Chapter 95 governs when |
351 | an action to enforce an obligation, duty, or right arising under |
352 | this part must be commenced. |
353 | 468.848 Grandfather clause.--Until January 1, 2008, |
354 | notwithstanding any other provision of this part, a person who |
355 | meets the following criteria may work as a home inspector: |
356 | (1) Has successfully completed high school or its |
357 | equivalent or has been in the business of home inspection |
358 | services for at least 5 years. |
359 | (2) Has been engaged in the practice of home inspection |
360 | for compensation for at least 3 years prior to January 1, 2007. |
361 | (3) Has performed of not fewer than 250 home inspections |
362 | for compensation. |
363 | Section 3. This act shall take effect July 1, 2006. |