| 1 | The Commerce Council 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 |
|
| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
|
| 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, |
| 73 | safety, or a related field of science from an accredited |
| 74 | institution, along with a minimum of 1 year of documented field |
| 75 | experience in a field related to mold remediation, or a high |
| 76 | school diploma, a GED, or the equivalent with a minimum of 2 |
| 77 | years of documented field experience in a field related to mold |
| 78 | remediation. |
| 79 | 2. For a mold assessor, at least a 2-year degree in |
| 80 | microbiology, engineering, architecture, industrial hygiene, |
| 81 | safety, or a related field of science from an accredited |
| 82 | institution, along with a minimum of 1 year of documented field |
| 83 | experience in conducting microbial sampling or investigations, |
| 84 | or a high school diploma, a GED, or the equivalent with a |
| 85 | minimum of 2 years of documented field experience in conducting |
| 86 | microbial sampling or investigations. |
| 87 | (b) A certification related to performing mold assessment |
| 88 | or mold remediation, respectively. Such certification may be |
| 89 | issued by a not-for-profit industry association, society, or |
| 90 | certification body or by a college or university that offers |
| 91 | mold assessment or mold remediation training or education, |
| 92 | respectively. Qualified certification programs shall be |
| 93 | accredited by a nationally recognized independent accrediting |
| 94 | entity that sets programs and standards that comply with |
| 95 | American Society for Testing and Materials Standard E1929-98, |
| 96 | Standard Practice for Assessment of Certification Programs for |
| 97 | Environmental Professionals: Accreditation Criteria, or the |
| 98 | equivalent. |
| 99 | (2) A business entity may not provide or offer to provide |
| 100 | mold assessment or mold remediation services unless the business |
| 101 | entity satisfies all of the requirements of this part. |
| 102 | 468.833 Exemptions.-- |
| 103 | (1) The following persons are not required to comply with |
| 104 | this part with regard to any mold assessment: |
| 105 | (a) A residential property owner who performs mold |
| 106 | assessment on his or her own property. |
| 107 | (b) A person who performs mold assessment on property |
| 108 | owned or leased by the person, the person's employer, or an |
| 109 | entity affiliated with the person's employer through common |
| 110 | ownership, or on property operated or managed by the person's |
| 111 | employer or an entity affiliated with the person's employer |
| 112 | through common ownership. This exemption does not apply if the |
| 113 | person, employer, or affiliated entity engages in the business |
| 114 | of performing mold assessment for the public. |
| 115 | (c) An employee of a mold assessor while directly |
| 116 | supervised by the mold assessor. |
| 117 | (d) Individuals or business organizations that are not |
| 118 | specifically engaged in mold assessment but are acting within |
| 119 | the scope of the respective licenses required under chapter 471, |
| 120 | part I of chapter 481, chapter 482, or chapter 489, are acting |
| 121 | on behalf of an insurer under part VI of chapter 626, or are |
| 122 | individuals in the manufactured housing industry who are |
| 123 | licensed under chapter 320. |
| 124 | (e) An authorized employee of the United States, this |
| 125 | state, or any municipality, county, or other political |
| 126 | subdivision, or public or private school, who meets the |
| 127 | requirements of s. 468.832 and who is conducting mold assessment |
| 128 | within the scope of that employment, as long as the employee |
| 129 | does not hold out for hire or otherwise engage in mold |
| 130 | assessment. |
| 131 | (2) The following persons are not required to comply with |
| 132 | this part with regard to any mold remediation: |
| 133 | (a) A residential property owner who performs mold |
| 134 | remediation on his or her own property. |
| 135 | (b) A person who performs mold remediation on property |
| 136 | owned or leased by the person, the person's employer, or an |
| 137 | entity affiliated with the person's employer through common |
| 138 | ownership, or on property operated or managed by the person's |
| 139 | employer or an entity affiliated with the person's employer |
| 140 | through common ownership. This exemption does not apply if the |
| 141 | person, employer, or affiliated entity engages in the business |
| 142 | of performing mold remediation for the public. |
| 143 | (c) An employee of a mold remediator while directly |
| 144 | supervised by the mold remediator. |
| 145 | (d) Individuals or business organizations that are not |
| 146 | specifically engaged in mold remediation but that are acting |
| 147 | within the scope of the respective licenses required under |
| 148 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
| 149 | are acting on behalf of an insurer under part VI of chapter 626, |
| 150 | or are individuals in the manufactured housing industry who are |
| 151 | licensed under chapter 320. |
| 152 | (e) An authorized employee of the United States, this |
| 153 | state, or any municipality, county, or other political |
| 154 | subdivision, or public or private school, who meets the |
| 155 | requirements of s. 468.832 and who is conducting mold |
| 156 | remediation within the scope of that employment, as long as the |
| 157 | employee does not hold out for hire or otherwise engage in mold |
| 158 | remediation. |
| 159 | 468.834 Prohibited acts; penalties.-- |
| 160 | (1) A mold assessor, a company that employs a mold |
| 161 | assessor, or a company that is controlled by a company that also |
| 162 | has a financial interest in a company employing a mold assessor |
| 163 | may not: |
| 164 | (a) Perform or offer to perform any mold assessment |
| 165 | without complying with the requirements of this part. |
| 166 | (b) Perform or offer to perform any mold remediation to a |
| 167 | structure on which the mold assessor or the mold assessor's |
| 168 | company provided a mold assessment within the last 12 months. |
| 169 | (c) Inspect for a fee any property in which the assessor |
| 170 | or the assessor's company has any financial or transfer |
| 171 | interest. |
| 172 | (d) Accept any compensation, inducement, or reward from a |
| 173 | mold remediator or mold remediator's company for the referral of |
| 174 | any business to the mold remediator or the mold remediator's |
| 175 | company. |
| 176 | (e) Offer any compensation, inducement, or reward to a |
| 177 | mold remediator or mold remediator's company for the referral of |
| 178 | any business from the mold remediator or the mold remediator's |
| 179 | company. |
| 180 | (f) Accept an engagement to make an omission of the |
| 181 | assessment or conduct an assessment in which the assessment |
| 182 | itself, or the fee payable for the assessment, is contingent |
| 183 | upon the conclusions of the assessment. |
| 184 | (2) A mold remediator, a company that employs a mold |
| 185 | remediator, or a company that is controlled by a company that |
| 186 | also has a financial interest in a company employing a mold |
| 187 | remediator may not: |
| 188 | (a) Perform or offer to perform any mold remediation |
| 189 | without complying with the requirements of this part. |
| 190 | (b) Perform or offer to perform any mold assessment as |
| 191 | defined in s. 468.831. |
| 192 | (c) Remediate for a fee any property in which the mold |
| 193 | remediator or the mold remediator's company has any financial or |
| 194 | transfer interest. |
| 195 | (d) Accept any compensation, inducement, or reward from a |
| 196 | mold assessor or mold assessor's company for the referral of any |
| 197 | business from the mold assessor or the mold assessor's company. |
| 198 | (e) Offer any compensation, inducement, or reward to a |
| 199 | mold assessor or mold assessor's company for the referral of any |
| 200 | business from the mold assessor or the mold assessor's company. |
| 201 | (3) Any person who violates any provision of this section |
| 202 | commits: |
| 203 | (a) A misdemeanor of the second degree for a first |
| 204 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 205 | (b) A misdemeanor of the first degree for a second |
| 206 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 207 | (c) A felony of the third degree for a third or subsequent |
| 208 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 209 | s. 775.084. |
| 210 | 468.835 Insurance.-- |
| 211 | (1) Effective January 1, 2007, a mold assessor must |
| 212 | maintain general liability and errors and omissions insurance |
| 213 | coverage in an amount of not less than $250,000. |
| 214 | (2) Effective January 1, 2007, a mold remediator must |
| 215 | maintain general liability insurance policy in an amount of not |
| 216 | less than $500,000 that includes specific coverage for mold |
| 217 | related claims. |
| 218 | 468.836 Contracts.--A contract to perform mold assessment |
| 219 | or mold remediation must be in a document or electronic record, |
| 220 | signed or otherwise authenticated by the parties. A mold |
| 221 | assessment contract is not required to provide estimates related |
| 222 | to the cost of repair of an assessed property. A mold assessment |
| 223 | contract is not required to provide estimates. |
| 224 | 468.837 Statute of limitations.--Chapter 95 governs the |
| 225 | time at which an action to enforce an obligation, a duty, or a |
| 226 | right arising under this part must be commenced. |
| 227 | 468.838 Grandfather clause.--The provisions of this part |
| 228 | shall become effective upon becoming law and shall allow for a |
| 229 | period of 2 years after enactment in which persons currently |
| 230 | performing mold assessment or mold remediation as described |
| 231 | under this part have to complete the requirements of this part. |
| 232 | Section 2. Part XVI of chapter 468, Florida Statutes, |
| 233 | consisting of sections 468.841, 468.842, 468.843, 468.844, |
| 234 | 468.845, 468.846, 468.847, and 468.848, is created to read: |
| 235 | 468.841 Definitions.--As used in this part, the term: |
| 236 | (1) "Home" means any residential real property, or |
| 237 | manufactured or modular home, that is a single-family dwelling, |
| 238 | duplex, triplex, quadruplex, condominium unit, or cooperative |
| 239 | unit. The term does not include the common areas of condominiums |
| 240 | or cooperatives. |
| 241 | (2) "Home inspector" means any person who provides or |
| 242 | offers to provide a home inspection for a fee or other |
| 243 | compensation. |
| 244 | (3) "Home inspection" means a limited visual examination |
| 245 | of one or more of the readily accessible installed systems and |
| 246 | components of a home, including, but not limited to, the |
| 247 | structure, electrical system, HVAC system, roof covering, |
| 248 | plumbing system, interior components, exterior components, and |
| 249 | site conditions that affect the structure, for the purpose of |
| 250 | providing a written professional opinion of the condition of the |
| 251 | home. |
| 252 | 468.842 Requirements for practice.-- |
| 253 | (1) A person may not work as a home inspector unless he or |
| 254 | she: |
| 255 | (a) Has successfully completed a course of study of not |
| 256 | less than 80 hours, which requires a passing score on a |
| 257 | psychometrically valid examination in home inspections, and |
| 258 | which includes, but is not limited to, each of the following |
| 259 | components of a home: structure; electrical system; roof |
| 260 | covering; plumbing system; interior components; exterior |
| 261 | components; and site conditions that affect the structure, and |
| 262 | heating, ventilation, and cooling systems. Courses of study |
| 263 | prescribed under this section must be accredited by a nationally |
| 264 | recognized third-party independent accrediting entity that sets |
| 265 | programs and standards that ensure competence as a home |
| 266 | inspector. |
| 267 | (b) Annually completes 8 hours of continuing education |
| 268 | related to home inspections. |
| 269 | (c) Discloses to the consumer in writing prior to |
| 270 | contracting for or commencing a home inspection: |
| 271 | 1. That the home inspector meets the education and |
| 272 | examination requirements of this section. |
| 273 | 2. That the home inspector maintains the commercial |
| 274 | general liability insurance policy as required by this part. |
| 275 | 3. The scope and any exclusions of the home inspection. |
| 276 | 4. A statement of experience that includes either the |
| 277 | approximate number of home inspections the home inspector has |
| 278 | performed for a fee or the number of years of experience as a |
| 279 | home inspector. |
| 280 | (2) A business entity may not provide or offer to provide |
| 281 | home inspection services unless each of the home inspectors |
| 282 | employed by the business entity satisfies all the requirements |
| 283 | of this part. |
| 284 | (3) A business entity may not use, in connection with the |
| 285 | name or signature of the business entity, the title "home |
| 286 | inspectors" to describe the business entity's services unless |
| 287 | each of the home inspectors employed by the business entity |
| 288 | satisfies all the requirements of this part. |
| 289 | 468.843 Exemptions.--The following persons are not |
| 290 | required to comply with this part when acting within the scope |
| 291 | of practice authorized by such license, except when such persons |
| 292 | are conducting, producing, disseminating, or charging a fee for |
| 293 | a home inspection or otherwise operating within the scope of |
| 294 | this part: |
| 295 | (1) A construction contractor licensed under chapter 489. |
| 296 | (2) An architect licensed under chapter 481. |
| 297 | (3) An engineer licensed under chapter 471. |
| 298 | (4) A building code administrator, plans examiner, or |
| 299 | building code inspector licensed under part XII of chapter 468. |
| 300 | (5) A certified real estate appraiser, licensed real |
| 301 | estate appraiser, or registered real estate appraiser licensed |
| 302 | under part II of chapter 475. |
| 303 | (6) An inspector whose report is being provided to, and is |
| 304 | solely for the benefit of, the Federal Housing Administration or |
| 305 | the Veterans Administration. |
| 306 | (7) An inspector conducting inspections for wood- |
| 307 | destroying organisms on behalf of a licensee under chapter 482. |
| 308 | (8) A firesafety inspector certified under s. 633.081. |
| 309 | (9) An insurance adjuster licensed under part VI of |
| 310 | chapter 626. |
| 311 | (10) An officer appointed by the court. |
| 312 | (11) A master septic tank contractor licensed under part |
| 313 | III of chapter 489. |
| 314 | (l2) A certified energy auditor performing an energy audit |
| 315 | of any home or building conducted under chapter 366 or rules |
| 316 | adopted by the Public Service Commission. |
| 317 | (13) A mobile home manufacturer, dealer, or installer |
| 318 | regulated or licensed under chapter 320 and any employees or |
| 319 | agents of the manufacturer, dealer, or installer. |
| 320 | 468.844 Prohibited acts; penalties.-- |
| 321 | (1) A home inspector, a company that employs a home |
| 322 | inspector, or a company that is controlled by a company that has |
| 323 | a financial interest in a company employing a home inspector may |
| 324 | not: |
| 325 | (a) Perform or offer to perform, prior to closing, for any |
| 326 | additional fee, any repairs to a home on which the inspector or |
| 327 | the inspector's company has prepared a home inspection report. |
| 328 | This paragraph does not apply to a home warranty company that is |
| 329 | affiliated with or retains a home inspector to perform repairs |
| 330 | pursuant to a claim made under a home warranty contract. |
| 331 | (b) Inspect for a fee any property in which the inspector |
| 332 | or the inspector's company has any financial or transfer |
| 333 | interest. |
| 334 | (c) Offer or deliver any compensation, inducement, or |
| 335 | reward to the owner of the inspected property, or any broker or |
| 336 | agent therefor, for the referral of any business to the |
| 337 | inspector or the inspector's company. |
| 338 | (d) Accept an engagement to make an omission or prepare a |
| 339 | report in which the inspection itself, or the fee payable for |
| 340 | the inspection, is contingent upon the conclusions in the |
| 341 | report, the preestablished findings, or the close of escrow. |
| 342 | (2) Any person who violates any provision of this section |
| 343 | commits: |
| 344 | (a) A misdemeanor of the second degree for a first |
| 345 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 346 | (b) A misdemeanor of the first degree for a second |
| 347 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 348 | (c) A felony of the third degree for a third or subsequent |
| 349 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 350 | s. 775.084. |
| 351 | 468.845 Insurance.--A home inspector must maintain a |
| 352 | commercial general liability insurance policy in an amount of |
| 353 | not less that $300,000. |
| 354 | 468.846 Repair cost estimates.--Home inspectors are not |
| 355 | required to provide estimates related to the cost of repair of |
| 356 | an inspected property. |
| 357 | 468.847 Statute of limitations.--Chapter 95 governs when |
| 358 | an action to enforce an obligation, duty, or right arising under |
| 359 | this part must be commenced. |
| 360 | 468.848 Grandfather clause.--Until January 1, 2008, |
| 361 | notwithstanding any other provision of this part, a person who |
| 362 | meets the following criteria may work as a home inspector: |
| 363 | (1) Has successfully completed high school or its |
| 364 | equivalent or has been in the business of home inspection |
| 365 | services for at least 5 years. |
| 366 | (2) Has been engaged in the practice of home inspection |
| 367 | for compensation for at least 3 years prior to January 1, 2007. |
| 368 | (3) Has performed of not fewer than 250 home inspections |
| 369 | for compensation. |
| 370 | Section 3. This act shall take effect July 1, 2006. |