HB 0161CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to building assessment and remediation;
7creating pt. XV of ch. 468, F.S., relating to regulation
8of mold assessment and mold remediation; providing
9legislative intent; providing definitions; providing
10requirements for practice of mold assessment or mold
11remediation; providing exemptions; providing for
12prohibited acts and penalties; providing insurance
13requirements; providing for contracts to perform mold
14assessment or mold remediation; providing a statute of
15limitations; providing a grandfather clause; creating pt.
16XVI of ch. 468, F.S., relating to regulation of home
17inspection services; providing definitions; providing
18requirements for practice; providing exemptions; providing
19prohibited acts and penalties; requiring liability
20insurance; exempting certain persons from duty to provide
21repair cost estimates; providing a statute of limitations;
22providing a grandfather clause; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Part XV of chapter 468, Florida Statutes,
28consisting of sections 468.83, 468.831, 468.832, 468.833,
29468.834, 468.835, 468.836, 468.837, and 468.838, is created to
30read:
31     468.83  Legislative intent.--It is the intent of the
32Legislature pursuant to s. 11.62 that professions and
33occupations covered by this part be regulated in a manner that
34does not unnecessarily restrict entry into such professions or
35occupations. The Legislature finds that this part provides a
36measure of protection for homeowners by providing education,
37experience, and testing requirements for persons in such
38professions or occupations necessary to protect homeowners'
39investments 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
42causes disintegration of organic matter and produces spores, and
43includes any spores, hyphae, and mycotoxins produced by mold.
44     (2)  "Mold assessment" means:
45     (a)  An investigation or survey of a dwelling or other
46structure to provide the owner or occupant with information
47regarding the presence, identification, or evaluation of mold;
48     (b)  The development of a mold-management plan or mold-
49remediation protocol; or
50     (c)  The collection or analysis of a mold sample.
51     (3)  "Mold assessor" means any person who performs or
52directly supervises a mold assessment.
53     (4)  "Mold remediation" means the removal, cleaning,
54sanitizing, demolition, or other treatment, including preventive
55activities, of mold or mold-contaminated matter that was not
56purposely grown at that location; however, such removal,
57cleaning, sanitizing, demolition, or other treatment, including
58preventive activities, may not be work that requires a license
59under chapter 489 unless performed by a person who is licensed
60under that chapter or the work complies with that chapter.
61     (5)  "Mold remediator" means any person who performs mold
62remediation. A mold remediator may not perform any work that
63requires a license under chapter 489 unless the mold remediator
64is also licensed under that chapter or complies with that
65chapter.
66     468.832  Requirements for practice.--
67     (1)  A person shall not work as a mold assessor or mold
68remediator unless he or she has evidence of, or works under the
69direct supervision of a person who has evidence of, the
70following:
71     (a)1.  For a mold remediator, at least a 2-year degree in
72microbiology, engineering, architecture, industrial hygiene, or
73a related field of science from an accredited institution, along
74with a minimum of 1 year of documented field experience in a
75field related to mold remediation, or a high school diploma, a
76GED, or the equivalent with a minimum of 2 years of documented
77field experience in a field related to mold remediation.
78     2.  For a mold assessor, at least a 2-year degree in
79microbiology, engineering, architecture, industrial hygiene, or
80a related field of science from an accredited institution, along
81with a minimum of 1 year of documented field experience in
82conducting microbial sampling or investigations, or a high
83school diploma, a GED, or the equivalent with a minimum of 2
84years of documented field experience in conducting microbial
85sampling or investigations.
86     (b)  A certification related to performing mold assessment
87or mold remediation, respectively. Such certification may be
88issued by a not-for-profit industry association, society, or
89certification body or by a college or university that offers
90mold assessment training or education. Qualified certification
91programs shall be accredited by a nationally recognized
92independent accrediting entity that sets programs and standards
93that comply with American Society for Testing and Materials
94Standard E1929-98, Standard Practice for Assessment of
95Certification Programs for Environmental Professionals:
96Accreditation Criteria, or the equivalent.
97     (2)  A business entity may not provide or offer to provide
98mold assessment or mold remediation services unless the business
99entity satisfies all of the requirements of this part.
100     468.833  Exemptions.--
101     (1)  The following persons are not required to comply with
102this part with regard to any mold assessment:
103     (a)  A residential property owner who performs mold
104assessment on his or her own property.
105     (b)  An owner or tenant, or a managing agent or employee of
106an owner or tenant, who performs mold assessment on property
107owned or leased by the owner or tenant. This exemption does not
108apply if the managing agent or employee engages in the business
109of performing mold assessment for the public.
110     (c)  An employee of a licensee who performs mold assessment
111while directly supervised by the mold assessor.
112     (d)  Individuals or business organizations that are not
113specifically engaged in mold assessment but are acting within
114the scope of the respective licenses required under chapter 471,
115part I of chapter 481, chapter 482, or chapter 489, are acting
116on behalf of an insurer under part VI of chapter 626, or are
117individuals in the manufactured housing industry who are
118licensed under chapter 320.
119     (e)  An authorized employee of the United States, this
120state, or any municipality, county, or other political
121subdivision, or public or private school, who meets the
122requirements of s. 468.832 and who is conducting mold assessment
123within the scope of that employment, as long as the employee
124does not hold out for hire or otherwise engage in mold
125assessment.
126     (2)  The following persons are not required to comply with
127this part with regard to any mold remediation:
128     (a)  A residential property owner who performs mold
129remediation on his or her own property.
130     (b)  An owner or tenant, or a managing agent or employee of
131an owner or tenant, who performs mold remediation on property
132owned or leased by the owner or tenant so long as such
133remediation is within the routine maintenance of a building
134structure. This exemption does not apply if the managing agent
135or employee engages in the business of performing mold
136remediation for the public.
137     (c)  An employee of a mold remediator while directly
138supervised by the mold remediator.
139     (d)  Individuals or business organizations that are not
140specifically engaged in mold remediation but that are acting
141within the scope of the respective licenses required under
142chapter 471, part I of chapter 481, chapter 482, or chapter 489,
143are acting on behalf of an insurer under part VI of chapter 626,
144or are individuals in the manufactured housing industry who are
145licensed under chapter 320.
146     (e)  An authorized employee of the United States, this
147state, or any municipality, county, or other political
148subdivision, or public or private school, who meets the
149requirements of s. 468.832 and who is conducting mold
150remediation within the scope of that employment, as long as the
151employee does not hold out for hire or otherwise engage in mold
152remediation.
153     468.834  Prohibited acts; penalties.--
154     (1)  A mold assessor, a company that employs a mold
155assessor, or a company that is controlled by a company that also
156has a financial interest in a company employing a mold assessor
157may not:
158     (a)  Perform or offer to perform any mold assessment
159without complying with the requirements of this part.
160     (b)  Perform or offer to perform any mold remediation to a
161structure on which the mold assessor or the mold assessor's
162company provided a mold assessment within the last 12 months.
163     (c)  Inspect for a fee any property in which the assessor
164or the assessor's company has any financial or transfer
165interest.
166     (d)  Accept any compensation, inducement, or reward from a
167mold remediator or mold remediator's company for the referral of
168any business to the mold remediator or the mold remediator's
169company.
170     (e)  Offer any compensation, inducement, or reward to a
171mold remediator or mold remediator's company for the referral of
172any business from the mold remediator or the mold remediator's
173company.
174     (f)  Accept an engagement to make an omission of the
175assessment or conduct an assessment in which the assessment
176itself, or the fee payable for the assessment, is contingent
177upon the conclusions of the assessment.
178     (2)  A mold remediator, a company that employs a mold
179remediator, or a company that is controlled by a company that
180also has a financial interest in a company employing a mold
181remediator may not:
182     (a)  Perform or offer to perform any mold remediation
183without complying with the requirements of this part.
184     (b)  Perform or offer to perform any mold assessment as
185defined in s. 468.831.
186     (c)  Remediate for a fee any property in which the mold
187remediator or the mold remediator's company has any financial or
188transfer interest.
189     (d)  Accept any compensation, inducement, or reward from a
190mold assessor or mold assessor's company for the referral of any
191business from the mold assessor or the mold assessor's company.
192     (e)  Offer any compensation, inducement, or reward to a
193mold assessor or mold assessor's company for the referral of any
194business from the mold assessor or the mold assessor's company.
195     (3)  Any person who violates any provision of this section
196commits:
197     (a)  A misdemeanor of the second degree for a first
198violation, punishable as provided in s. 775.082 or s. 775.083.
199     (b)  A misdemeanor of the first degree for a second
200violation, punishable as provided in s. 775.082 or s. 775.083.
201     (c)  A felony of the third degree for a third or subsequent
202violation, punishable as provided in s. 775.082, s. 775.083, or
203s. 775.084.
204     468.835  Insurance.--
205     (1)  Effective January 1, 2007, a mold assessor must
206maintain general liability and errors and omissions insurance
207coverage in an amount of not less than $250,000.
208     (2)  Effective January 1, 2007, a mold remediator must
209maintain general liability insurance policy in an amount of not
210less than $500,000 that includes specific coverage for mold
211related claims.
212     468.836  Contracts.--A contract to perform mold assessment
213or mold remediation must be in a document or electronic record,
214signed or otherwise authenticated by the parties. A mold
215assessment contract is not required to provide estimates related
216to the cost of repair of an assessed property. A mold assessment
217contract is not required to provide estimates.
218     468.837  Statute of limitations.--Chapter 95 governs the
219time at which an action to enforce an obligation, a duty, or a
220right arising under this part must be commenced.
221     468.838  Grandfather clause.--The provisions of this part
222shall become effective upon becoming law and shall allow for a
223period of 2 years after enactment in which persons currently
224performing mold assessment or mold remediation as described
225under this part have to complete the requirements of this part.
226     Section 2.  Part XVI of chapter 468, Florida Statutes,
227consisting of sections 468.841, 468.842, 468.843, 468.844,
228468.845, 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
231manufactured or modular home, that is a single-family dwelling,
232duplex, triplex, quadruplex, condominium unit, or cooperative
233unit. The term does not include the common areas of condominiums
234or cooperatives.
235     (2)  "Home inspector" means any person who provides or
236offers to provide a home inspection for a fee or other
237compensation.
238     (3)  "Home inspection" means a limited visual examination
239of one or more of the readily accessible installed systems and
240components of a home, including, but not limited to, the
241structure, electrical system, HVAC system, roof covering,
242plumbing system, interior components, exterior components, and
243site conditions that affect the structure, for the purpose of
244providing a written professional opinion of the condition of the
245home.
246     468.842  Requirements for practice.--
247     (1)  A person may not work as a home inspector unless he or
248she:
249     (a)  Has successfully completed a course of study of not
250less than 80 hours, which requires a passing score on a
251psychometrically valid examination in home inspections, and
252which includes, but is not limited to, each of the following
253components of a home: structure; electrical system; roof
254covering; plumbing system; interior components; exterior
255components; and site conditions that affect the structure, and
256heating, ventilation, and cooling systems. Courses of study
257prescribed under this section must be accredited by a nationally
258recognized third-party independent accrediting entity that sets
259programs and standards that ensure certificant competence.
260     (b)  Annually completes 8 hours of continuing education
261related to home inspections.
262     (c)  Discloses to the consumer in writing prior to
263contracting for or commencing a home inspection:
264     1.  That the home inspector meets the education and
265examination requirements of this section.
266     2.  That the home inspector maintains the commercial
267general 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
270approximate number of home inspections the home inspector has
271performed for a fee or the number of years of experience as a
272home inspector.
273     (2)  A business entity may not provide or offer to provide
274home inspection services unless each of the home inspectors
275employed by the business entity satisfies all the requirements
276of this part.
277     (3)  A business entity may not use, in connection with the
278name or signature of the business entity, the title "home
279inspectors" to describe the business entity's services unless
280each of the home inspectors employed by the business entity
281satisfies all the requirements of this part.
282     468.843  Exemptions.--The following persons are not
283required to comply with this part when acting within the scope
284of practice authorized by such license, except when such persons
285are conducting, producing, disseminating, or charging a fee for
286a home inspection or otherwise operating within the scope of
287this 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
292building code inspector licensed under part XII of chapter 468.
293     (5)  A certified real estate appraiser, licensed real
294estate appraiser, or registered real estate appraiser licensed
295under part II of chapter 475.
296     (6)  An inspector whose report is being provided to, and is
297solely for the benefit of, the Federal Housing Administration or
298the Veterans Administration.
299     (7)  An inspector conducting inspections for wood-
300destroying 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
303chapter 626.
304     (10)  An officer appointed by the court.
305     (11)  A master septic tank contractor licensed under part
306III of chapter 489.
307     (l2)  A certified energy auditor performing an energy audit
308of any home or building conducted under chapter 366 or rules
309adopted by the Public Service Commission.
310     (13)  A mobile home manufacturer, dealer, or installer
311regulated or licensed under chapter 320 and any employees or
312agents of the manufacturer, dealer, or installer.
313     468.844  Prohibited acts; penalties.--
314     (1)  A home inspector, a company that employs a home
315inspector, or a company that is controlled by a company that has
316a financial interest in a company employing a home inspector may
317not:
318     (a)  Perform or offer to perform, prior to closing, for any
319additional fee, any repairs to a home on which the inspector or
320the inspector's company has prepared a home inspection report.
321This paragraph does not apply to a home warranty company that is
322affiliated with or retains a home inspector to perform repairs
323pursuant to a claim made under a home warranty contract.
324     (b)  Inspect for a fee any property in which the inspector
325or the inspector's company has any financial or transfer
326interest.
327     (c)  Offer or deliver any compensation, inducement, or
328reward to the owner of the inspected property, or any broker or
329agent therefor, for the referral of any business to the
330inspector or the inspector's company.
331     (d)  Accept an engagement to make an omission or prepare a
332report in which the inspection itself, or the fee payable for
333the inspection, is contingent upon the conclusions in the
334report, the preestablished findings, or the close of escrow.
335     (2)  Any person who violates any provision of this section
336commits:
337     (a)  A misdemeanor of the second degree for a first
338violation, punishable as provided in s. 775.082 or s. 775.083.
339     (b)  A misdemeanor of the first degree for a second
340violation, punishable as provided in s. 775.082 or s. 775.083.
341     (c)  A felony of the third degree for a third or subsequent
342violation, punishable as provided in s. 775.082, s. 775.083, or
343s. 775.084.
344     468.845  Insurance.--A home inspector must maintain a
345commercial general liability insurance policy in an amount of
346not less that $300,000.
347     468.846  Repair cost estimates.--Home inspectors are not
348required to provide estimates related to the cost of repair of
349an inspected property.
350     468.847  Statute of limitations.--Chapter 95 governs when
351an action to enforce an obligation, duty, or right arising under
352this part must be commenced.
353     468.848  Grandfather clause.--Until January 1, 2008,
354notwithstanding any other provision of this part, a person who
355meets the following criteria may work as a home inspector:
356     (1)  Has successfully completed high school or its
357equivalent or has been in the business of home inspection
358services for at least 5 years.
359     (2)  Has been engaged in the practice of home inspection
360for compensation for at least 3 years prior to January 1, 2007.
361     (3)  Has performed of not fewer than 250 home inspections
362for compensation.
363     Section 3.  This act shall take effect July 1, 2006.


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