HB 161

1
A bill to be entitled
2An act relating to building assessment and remediation;
3creating pt. XV of ch. 468, F.S., relating to regulation
4of mold assessment and mold remediation; providing
5legislative intent; providing definitions; providing
6requirements for practice of mold assessment or mold
7remediation; providing exemptions; providing for
8prohibited acts and penalties; providing insurance
9requirements; providing for contracts to perform mold
10assessment or mold remediation; providing a statute of
11limitations; providing a grandfather clause; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Part XV of chapter 468, Florida Statutes,
17consisting of sections 468.83, 468.831, 468.832, 468.833,
18468.834, 468.835, 468.836, 468.837, and 468.838, is created to
19read:
20     468.83  Legislative intent.--It is the intent of the
21Legislature pursuant to s. 11.62 that professions and
22occupations covered by this part be regulated in a manner that
23does not unnecessarily restrict entry into such professions or
24occupations. The Legislature finds that this part provides a
25measure of protection for homeowners by providing education,
26experience, and testing requirements for persons in such
27professions or occupations necessary to protect homeowners'
28investments in their homes.
29     468.831  Definitions.--As used in this part, the term:
30     (1)  "Mold" means an organism of the class fungi that
31causes disintegration of organic matter and produces spores, and
32includes any spores, hyphae, and mycotoxins produced by mold.
33     (2)  "Mold assessment" means:
34     (a)  An investigation or survey of a dwelling or other
35structure to provide the owner or occupant with information
36regarding the presence, identification, or evaluation of mold;
37     (b)  The development of a mold-management plan or mold-
38remediation protocol; or
39     (c)  The collection or analysis of a mold sample.
40     (3)  "Mold assessor" means any person who performs or
41directly supervises a mold assessment.
42     (4)  "Mold remediation" means the removal, cleaning,
43sanitizing, demolition, or other treatment, including preventive
44activities, of mold or mold-contaminated matter that was not
45purposely grown at that location; however, such removal,
46cleaning, sanitizing, demolition, or other treatment, including
47preventive activities, may not be work that requires a license
48under chapter 489 unless performed by a person who is licensed
49under that chapter or the work complies with that chapter.
50     (5)  "Mold remediator" means any person who performs mold
51remediation. A mold remediator may not perform any work that
52requires a license under chapter 489 unless the mold remediator
53is also licensed under that chapter or complies with that
54chapter.
55     468.832  Requirements for practice.--
56     (1)  A person shall not work as a mold assessor or mold
57remediator unless he or she has evidence of, or works under the
58direct supervision of a person who has evidence of, the
59following:
60     (a)1.  For a mold remediator, at least a 2-year degree in
61microbiology, engineering, architecture, industrial hygiene,
62occupational safety, or a related field of science from an
63accredited institution, along with a minimum of 1 year of
64documented field experience in a field related to mold
65remediation, or a high school diploma, a GED, or the equivalent
66with a minimum of 2 years of documented field experience in a
67field related to mold remediation.
68     2.  For a mold assessor, at least a 2-year degree in
69microbiology, engineering, architecture, industrial hygiene,
70occupational safety, or a related field of science from an
71accredited institution, along with a minimum of 1 year of
72documented field experience in conducting microbial sampling or
73investigations, or a high school diploma, a GED, or the
74equivalent with a minimum of 2 years of documented field
75experience in conducting microbial sampling or investigations.
76     (b)  A certification related to performing mold assessment
77or mold remediation, respectively. Such certification may be
78issued by a not-for-profit industry association, society, or
79certification body or by a college or university that offers
80mold assessment or mold remediation training or education,
81respectively. Qualified certification programs shall be
82accredited by a nationally recognized independent accrediting
83entity that sets programs and standards that comply with
84American Society for Testing and Materials Standard E1929-98,
85Standard Practice for Assessment of Certification Programs for
86Environmental Professionals: Accreditation Criteria, or the
87equivalent.
88     (2)  A business entity may not provide or offer to provide
89mold assessment or mold remediation services unless the business
90entity satisfies all of the requirements of this part.
91     468.833  Exemptions.--
92     (1)  The following persons are not required to comply with
93this part with regard to any mold assessment:
94     (a)  A residential property owner who performs mold
95assessment on his or her own property.
96     (b)  A person who performs mold assessment on property
97owned or leased by the person, the person's employer, or an
98entity affiliated with the person's employer through common
99ownership, or on property operated or managed by the person's
100employer or an entity affiliated with the person's employer
101through common ownership. This exemption does not apply if the
102person, employer, or affiliated entity engages in the business
103of performing mold assessment for the public.
104     (c)  An employee of a mold assessor while directly
105supervised by the mold assessor.
106     (d)  Individuals or business organizations that are not
107specifically engaged in mold assessment but are acting within
108the scope of the respective licenses required under chapter 471,
109part I of chapter 481, chapter 482, or chapter 489, are acting
110on behalf of an insurer under part VI of chapter 626, or are
111individuals in the manufactured housing industry who are
112licensed under chapter 320.
113     (e)  An authorized employee of the United States, this
114state, or any municipality, county, or other political
115subdivision, or public or private school, who meets the
116requirements of s. 468.832 and who is conducting mold assessment
117within the scope of that employment, as long as the employee
118does not hold out for hire or otherwise engage in mold
119assessment.
120     (2)  The following persons are not required to comply with
121this part with regard to any mold remediation:
122     (a)  A residential property owner who performs mold
123remediation on his or her own property.
124     (b)  A person who performs mold remediation on property
125owned or leased by the person, the person's employer, or an
126entity affiliated with the person's employer through common
127ownership, or on property operated or managed by the person's
128employer or an entity affiliated with the person's employer
129through common ownership. This exemption does not apply if the
130person, employer, or affiliated entity engages in the business
131of performing mold remediation for the public.
132     (c)  An employee of a mold remediator while directly
133supervised by the mold remediator.
134     (d)  Individuals or business organizations that are not
135specifically engaged in mold remediation but that are acting
136within the scope of the respective licenses required under
137chapter 471, part I of chapter 481, chapter 482, or chapter 489,
138are acting on behalf of an insurer under part VI of chapter 626,
139or are individuals in the manufactured housing industry who are
140licensed under chapter 320.
141     (e)  An authorized employee of the United States, this
142state, or any municipality, county, or other political
143subdivision, or public or private school, who meets the
144requirements of s. 468.832 and who is conducting mold
145remediation within the scope of that employment, as long as the
146employee does not hold out for hire or otherwise engage in mold
147remediation.
148     468.834  Prohibited acts; penalties.--
149     (1)  A mold assessor, a company that employs a mold
150assessor, or a company that is controlled by a company that also
151has a financial interest in a company employing a mold assessor
152may not:
153     (a)  Perform or offer to perform any mold assessment
154without complying with the requirements of this part.
155     (b)  Perform or offer to perform any mold remediation to a
156structure on which the mold assessor or the mold assessor's
157company provided a mold assessment within the last 12 months.
158     (c)  Inspect for a fee any property in which the assessor
159or the assessor's company has any financial or transfer
160interest.
161     (d)  Accept any compensation, inducement, or reward from a
162mold remediator or mold remediator's company for the referral of
163any business to the mold remediator or the mold remediator's
164company.
165     (e)  Offer any compensation, inducement, or reward to a
166mold remediator or mold remediator's company for the referral of
167any business from the mold remediator or the mold remediator's
168company.
169     (f)  Accept an engagement to make an omission of the
170assessment or conduct an assessment in which the assessment
171itself, or the fee payable for the assessment, is contingent
172upon the conclusions of the assessment.
173     (2)  A mold remediator, a company that employs a mold
174remediator, or a company that is controlled by a company that
175also has a financial interest in a company employing a mold
176remediator may not:
177     (a)  Perform or offer to perform any mold remediation
178without complying with the requirements of this part.
179     (b)  Perform or offer to perform any mold assessment as
180defined in s. 468.831.
181     (c)  Remediate for a fee any property in which the mold
182remediator or the mold remediator's company has any financial or
183transfer interest.
184     (d)  Accept any compensation, inducement, or reward from a
185mold assessor or mold assessor's company for the referral of any
186business from the mold assessor or the mold assessor's company.
187     (e)  Offer any compensation, inducement, or reward to a
188mold assessor or mold assessor's company for the referral of any
189business from the mold assessor or the mold assessor's company.
190     (3)  Any person who violates any provision of this section
191commits:
192     (a)  A misdemeanor of the second degree for a first
193violation, punishable as provided in s. 775.082 or s. 775.083.
194     (b)  A misdemeanor of the first degree for a second
195violation, punishable as provided in s. 775.082 or s. 775.083.
196     (c)  A felony of the third degree for a third or subsequent
197violation, punishable as provided in s. 775.082, s. 775.083, or
198s. 775.084.
199     468.835  Insurance.--
200     (1)  Effective January 1, 2007, a mold assessor must
201maintain general liability and errors and omissions insurance
202coverage in an amount of not less than $250,000.
203     (2)  Effective January 1, 2007, a mold remediator must
204maintain general liability insurance policy in an amount of not
205less than $500,000 that includes specific coverage for mold
206related claims.
207     468.836  Contracts.--A contract to perform mold assessment
208or mold remediation must be in a document or electronic record,
209signed or otherwise authenticated by the parties. A mold
210assessment contract is not required to provide estimates related
211to the cost of repair of an assessed property. A mold assessment
212contract is not required to provide estimates.
213     468.837  Statute of limitations.--Chapter 95 governs the
214time at which an action to enforce an obligation, a duty, or a
215right arising under this part must be commenced.
216     468.838  Grandfather clause.--The provisions of this part
217shall become effective upon becoming law and shall allow for a
218period of 2 years after enactment in which persons currently
219performing mold assessment or mold remediation as described
220under this part have to complete the requirements of this part.
221     Section 2.  This act shall take effect July 1, 2006.


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