HB 1399

1
A bill to be entitled
2An act relating to regulation of building inspection
3professionals; creating pt. XV of ch. 468, F.S., relating
4to regulation of home inspectors; providing a purpose;
5providing exemptions; providing definitions; authorizing
6the Department of Business and Professional Regulation to
7establish fees; limiting fee amounts; providing for a home
8inspector licensure examination; providing qualifications
9to take the licensure examination; providing requirements
10for the department to certify and license home inspectors;
11providing for licensure by endorsement; requiring
12continuing education for license renewal; providing
13criteria for continuing education; providing for
14inactivation of licenses; requiring the department to
15establish fees for the reactivation and renewal of
16inactive licenses; providing for certification of
17partnerships and corporations offering home inspection
18services; requiring a certificate of authorization for
19certain persons and entities practicing home inspection
20services; providing for prohibitions and penalties;
21providing grounds for disciplinary proceedings;
22authorizing the department to impose specified penalties;
23requiring home inspectors to provide a specified
24disclosure to consumers; requiring home inspectors to
25maintain a specified insurance policy; requiring home
26inspectors to provide a written report to homeowners upon
27completion of each home inspection; providing content
28requirements for home inspection reports; authorizing
29certain persons to qualify for home inspection licensure
30notwithstanding the requirements of this part; creating
31pt. XVI of ch. 468, F.S., relating to regulation of mold
32remediators and mold assessors; providing a purpose;
33providing exemptions; providing definitions; authorizing
34the department to establish fees; limiting fee amounts;
35providing for a mold assessor and mold remediator
36licensure examination; providing qualifications to take
37the licensure examinations; providing requirements for the
38department to certify and license home inspectors;
39providing for licensure by endorsement; requiring
40continuing education for license renewal; providing
41criteria for continuing education; providing for
42inactivation of licenses; requiring the department to
43establish fees for the reactivation and renewal of
44inactive licenses; providing for certification of
45partnerships and corporations offering mold assessment or
46mold remediation services; requiring a certificate of
47authorization for certain persons and entities practicing
48home inspection services; providing for liability of
49licensed mold assessors or mold remediators in certain
50circumstances; providing for prohibitions and penalties;
51providing grounds for disciplinary proceedings;
52authorizing the department to impose specified penalties;
53requiring mold assessors and mold remediators to maintain
54specified insurance policies; providing requirements for
55contracts to perform mold assessment or mold remediation;
56authorizing certain persons to qualify for mold assessment
57and mold remediation licensure notwithstanding the
58requirements of this part; creating pt. XVII of ch. 468,
59F.S., relating to the regulation of wind mitigation
60assessors; providing definitions; authorizing the
61Department of Business and Professional Regulation to
62certify and license wind mitigation assessors; providing
63licensure qualifications; providing exemptions; providing
64prohibitions and penalties; requiring wind mitigation
65assessors to maintain a specified insurance policy;
66providing that wind mitigation assessors are not required
67to provide certain estimates; providing an effective date.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Part XV of chapter 468, Florida Statutes,
72consisting of sections 468.83, 468.831, 468.8311, 468.8312,
73468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,
74468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,
75is created to read:
76     468.83  Purpose.--The Legislature recognizes that there is
77a need to require the licensing of home inspectors and to ensure
78that consumers of home inspection services can rely on the
79competence of home inspectors, as determined by educational and
80experience requirements and testing. Therefore, the Legislature
81deems it necessary in the interest of the public welfare to
82regulate home inspectors in this state.
83     468.831  Exemptions.--A person is not required to comply
84with this part when acting within his or her authorized scope of
85practice, except when such person holds himself or herself out
86for hire to the public as a "certified home inspector,"
87"registered home inspector," "licensed home inspector," "home
88inspector," "professional home inspector," or any combination
89thereof stating or implying licensure under this part if he or
90she is one or more of the following:
91     (1)  A contractor licensed under chapter 489.
92     (2)  An architect licensed under chapter 481.
93     (3)  An engineer licensed under chapter 471.
94     (4)  A building code administrator, plans examiner, or
95building code inspector licensed under part XII of chapter 468.
96     (5)  A certified real estate appraiser, licensed real
97estate appraiser, or registered real estate appraiser licensed
98under part II of chapter 475.
99     (6)  A home inspector whose report is being provided to,
100and is solely for the benefit of, the Federal Housing
101Administration or the Veterans Administration.
102     (7)  A home inspector conducting inspections for wood-
103destroying organisms on behalf of a licensee under chapter 482.
104     (8)  A firesafety inspector certified under s. 633.081.
105     (9)  An insurance adjuster licensed under part VI of
106chapter 626.
107     (10)  An officer appointed by the court.
108     (11)  A certified energy auditor performing an energy audit
109of any home or building conducted under chapter 366 or rules
110adopted by the Public Service Commission.
111     468.8311  Definitions.--As used in this part, the term:
112     (1)  "Department" means the Department of Business and
113Professional Regulation.
114     (2)  "Home" means any residential real property, or
115manufactured or modular home, which is a single-family dwelling,
116duplex, triplex, quadruplex, condominium unit, or cooperative
117unit. The term does not include the common areas of condominiums
118or cooperatives.
119     (3)  "Home inspector" means any person who provides or
120offers to provide home inspection services for a fee or other
121compensation.
122     (4)  "Home inspection services" means a limited visual
123examination of one or more of the readily accessible installed
124systems and components of a home, including the structure,
125electrical system, HVAC system, roof covering, plumbing system,
126interior components, exterior components, and site conditions
127that affect the structure, for the purposes of providing a
128written professional opinion of the condition of the home.
129     468.8312  Fees.--
130     (1)  The department, by rule, may establish fees to be paid
131for applications, examination, reexamination, licensing and
132renewal, inactive status application and reactivation of
133inactive licenses, recordkeeping, and applications for providers
134of continuing education. The department may also establish by
135rule a delinquency fee. Fees shall be based on department
136estimates of the revenue required to implement the provisions of
137this part. All fees shall be remitted with the appropriate
138application, examination, or license.
139     (2)  The initial application and examination fee shall not
140exceed $125 plus the actual per applicant cost to the department
141to purchase an examination, if the department chooses to
142purchase the examination. The examination fee shall be in an
143amount that covers the cost of obtaining and administering the
144examination and shall be refunded if the applicant is found
145ineligible to sit for the examination. The application fee shall
146be nonrefundable.
147     (3)  The initial license fee shall not exceed $200.
148     (4)  The fee for a certificate of authorization shall not
149exceed $125.
150     (5)  The biennial renewal fee shall not exceed $200.
151     (6)  The fee for licensure by endorsement shall not exceed
152$200.
153     (7)  The fee for application for inactive status or for
154reactivation of an inactive license shall not exceed $200.
155     (8)  The fee for applications from providers of continuing
156education may not exceed $500.
157     468.8313  Examinations.--
158     (1)  A person desiring to be licensed as a home inspector
159shall apply to the department to take a licensure examination.
160     (2)  An applicant shall be entitled to take the licensure
161examination for the purpose of determining whether he or she is
162qualified to practice in this state as a home inspector if the
163applicant is of good moral character and has satisfied the
164following requirements:
165     (a)  Has received a high school diploma or its equivalent.
166     (b)  Has completed a course of study of no less than 120
167hours that covers all of the following components of a home:
168structure, electrical system, HVAC system, roof covering,
169plumbing system, interior components, exterior components, and
170site conditions that affect the structure.
171     (3)  The department shall review and approve courses of
172study in home inspection.
173     (4)  The department may review and approve examinations by
174a nationally recognized entity that offers programs or sets
175standards that ensure competence as a home inspector.
176     (5)(a)  "Good moral character" means a personal history of
177honesty, fairness, and respect for the rights of others and for
178the laws of this state and nation.
179     (b)  The department may refuse to certify an applicant for
180failure to satisfy this requirement only if:
181     1.  There is a substantial connection between the lack of
182good moral character of the applicant and the professional
183responsibilities of a licensed home inspector; and
184     2.  The finding by the department of lack of good moral
185character is supported by clear and convincing evidence.
186     (c)  When an applicant is found to be unqualified for a
187license because of lack of good moral character, the department
188shall furnish the applicant a statement containing the findings
189of the department, a complete record of the evidence upon which
190the determination was based, and a notice of the rights of the
191applicant to a rehearing and appeal.
192     (6)  The department may adopt rules pursuant to ss.
193120.536(1) and 120.54 to implement the provisions of this
194section.
195     468.8314  Licensure.--
196     (1)  The department shall license any applicant who the
197department certifies is qualified to practice home inspection
198services.
199     (2)  The department shall certify for licensure any
200applicant who satisfies the requirements of s. 468.8313 and who
201has passed the licensing examination. The department may refuse
202to certify any applicant who has violated any of the provisions
203of s. 468.832.
204     (3)  The department shall certify as qualified for a
205license by endorsement an applicant who is of good moral
206character as determined in s. 468.8313; holds a valid license to
207practice home inspection services in another state or territory
208of the United States, whose educational requirements are
209substantially equivalent to those required by this part; and has
210passed a national, regional, state, or territorial licensing
211examination that is substantially equivalent to the examination
212required by this part.
213     (4)  The department shall not issue a license by
214endorsement to any applicant who is under investigation in
215another state for any act that would constitute a violation of
216this part or chapter 455 until such time as the investigation is
217complete and disciplinary proceedings have been terminated.
218     468.8315  Renewal of license.--
219     (1)  The department shall renew a license upon receipt of
220the renewal application and upon certification by the department
221that the licensee has satisfactorily completed the continuing
222education requirements of s. 468.8316.
223     (2)  The department shall adopt rules establishing a
224procedure for the biennial renewal of licenses.
225     468.8316  Continuing education.--
226     (1)  The department may not renew a license until the
227licensee submits proof satisfactory to the department that
228during the 2 years prior to his or her application for renewal
229the licensee has completed at least 14 hours of continuing
230education. Criteria and course content shall be approved by the
231department by rule.
232     (2)  The department may prescribe by rule additional
233continuing professional education hours, not to exceed 25
234percent of the total hours required, for failure to complete the
235hours required for renewal by the end of the reestablishment
236period.
237     468.8317  Inactive license.--
238     (1)  A licensee may request that his or her license be
239placed in an inactive status by making application to the
240department.
241     (2)  A license that has become inactive may be reactivated
242upon application to the department. The department may prescribe
243by rule continuing education requirements as a condition of
244reactivating a license. The continuing education requirements
245for reactivating a license may not exceed 14 hours for each year
246the license was inactive.
247     (3)  The department shall adopt rules relating to licenses
248which have become inactive and for the renewal of inactive
249licenses. The department shall prescribe by rule a fee not to
250exceed $50 for the reactivation of an inactive license and a fee
251not to exceed $50 for the renewal of an inactive license.
252     468.8318  Certification of corporations and partnerships.--
253     (1)  The department shall issue a certificate of
254authorization to a corporation or partnership offering home
255inspection services to the public if the corporation or
256partnership satisfies all of the requirements of this part.
257     (2)  The practice of or the offer to practice home
258inspection services by licensees through a corporation or
259partnership offering home inspection services to the public, or
260by a corporation or partnership offering such services to the
261public through licensees under this part as agents, employees,
262officers, or partners, is permitted subject to the provisions of
263this part, provided that all personnel of the corporation or
264partnership who act in its behalf as home inspectors in this
265state are licensed as provided by this part; and further
266provided that the corporation or partnership has been issued a
267certificate of authorization by the department as provided in
268this section. Nothing in this section shall be construed to
269allow a corporation to hold a license to practice home
270inspection services. No corporation or partnership shall be
271relieved of responsibility for the conduct or acts of its
272agents, employees, or officers by reason of its compliance with
273this section, nor shall any individual practicing home
274inspection services be relieved of responsibility for
275professional services performed by reason of his or her
276employment or relationship with a corporation or partnership.
277     (3)  For the purposes of this section, a certificate of
278authorization shall be required for a corporation, partnership,
279association, or person practicing under a fictitious name and
280offering home inspection services to the public; however, when
281an individual is practicing home inspection services in his or
282her own given name, he or she shall not be required to register
283under this section.
284     (4)  The fact that any licensed home inspector practices
285through a corporation or partnership shall not relieve the
286licensee from personal liability for negligence, misconduct, or
287wrongful acts committed by him or her. Partnerships and all
288partners shall be jointly and severally liable for the
289negligence, misconduct, or wrongful acts committed by their
290agents, employees, or partners while acting in a professional
291capacity. Any officer, agent, or employee of a business
292organization other than a partnership shall be personally liable
293and accountable only for negligent acts, wrongful acts, or
294misconduct committed by him or her or committed by any person
295under his or her direct supervision and control while rendering
296professional services on behalf of the business organization.
297The personal liability of a shareholder or owner of a business
298organization, in his or her capacity as shareholder or owner,
299shall be no greater than that of a shareholder-employee of a
300corporation incorporated under chapter 607. The business
301organization shall be liable up to the full value of its
302property for any negligent acts, wrongful acts, or misconduct
303committed by any of its officers, agents, or employees while the
304officers, agents, or employees are engaged on its behalf in the
305rendering of professional services.
306     (5)  Each certificate of authorization shall be renewed
307every 2 years. Each partnership and corporation certified under
308this section shall notify the department within 1 month of any
309change in the information contained in the application upon
310which the certification is based.
311     (6)  Disciplinary action against a corporation or
312partnership shall be administered in the same manner and on the
313same grounds as disciplinary action against a licensed home
314inspector.
315     468.8319  Prohibitions; penalties.--
316     (1)  A home inspector, a company that employs a home
317inspector, or a company that is controlled by a company that
318also has a financial interest in a company employing a home
319inspector may not:
320     (a)  Practice or offer to practice home inspection services
321unless the person has complied with the provisions of this part;
322     (b)  Use the name or title "certified home inspector,"
323"registered home inspector," "licensed home inspector," "home
324inspector," "professional home inspector," or any combination
325thereof unless the person has complied with the provisions of
326this part;
327     (c)  Present as his or her own the license of another;
328     (d)  Knowingly give false or forged evidence to the
329department or an employee thereof;
330     (e)  Use or attempt to use a license that has been
331suspended or revoked;
332     (f)  Perform or offer to perform, prior to closing, for any
333additional fee, any repairs to a home on which the inspector or
334the inspector's company has prepared a home inspection report.
335This paragraph does not apply to a home warranty company that is
336affiliated with or retains a home inspector to perform repairs
337pursuant to a claim made under a home warranty contract;
338     (g)  Inspect for a fee any property in which the inspector
339or the inspector's company has any financial or transfer
340interest;
341     (h)  Offer or deliver any compensation, inducement, or
342reward to any broker or agent therefor for the referral of the
343owner of the inspected property to the inspector or the
344inspection company; or
345     (i)  Accept an engagement to make an omission or prepare a
346report in which the inspection itself, or the fee payable for
347the inspection, is contingent upon either the conclusions in the
348report, preestablished findings, or the close of escrow.
349     (2)  Any person who is found to be in violation of any
350provision of this section commits a misdemeanor of the first
351degree, punishable as provided in s. 775.082 or s. 775.083.
352     468.832  Disciplinary proceedings.--
353     (1)  The following acts constitute grounds for which the
354disciplinary actions in subsection (2) may be taken:
355     (a)  Violation of any provision of this part or s.
356455.227(1);
357     (b)  Attempting to procure a license to practice home
358inspection services by bribery or fraudulent misrepresentation;
359     (c)  Having a license to practice home inspection services
360revoked, suspended, or otherwise acted against, including the
361denial of licensure, by the licensing authority of another
362state, territory, or country;
363     (d)  Being convicted or found guilty of, or entering a plea
364of nolo contendere to, regardless of adjudication, a crime in
365any jurisdiction that directly relates to the practice of home
366inspection services or the ability to practice home inspection
367services;
368     (e)  Making or filing a report or record that the licensee
369knows to be false, willfully failing to file a report or record
370required by state or federal law, willfully impeding or
371obstructing such filing, or inducing another person to impede or
372obstruct such filing. Such reports or records shall include only
373those that are signed in the capacity of a licensed home
374inspector;
375     (f)  Advertising goods or services in a manner that is
376fraudulent, false, deceptive, or misleading in form or content;
377     (g)  Engaging in fraud or deceit, or of negligence,
378incompetency, or misconduct, in the practice of home inspection
379services;
380     (h)  Failing to perform any statutory or legal obligation
381placed upon a licensed home inspector; violating any provision
382of this chapter, a rule of the department, or a lawful order of
383the department previously entered in a disciplinary hearing; or
384failing to comply with a lawfully issued subpoena of the
385department; or
386     (i)  Practicing on a revoked, suspended, inactive, or
387delinquent license.
388     (2)  When the department finds any home inspector guilty of
389any of the grounds set forth in subsection (1), it may enter an
390order imposing one or more of the following penalties:
391     (a)  Denial of an application for licensure.
392     (b)  Revocation or suspension of a license.
393     (c)  Imposition of an administrative fine not to exceed
394$1,000 for each count or separate offense.
395     (d)  Issuance of a reprimand.
396     (e)  Placement of the home inspector on probation for a
397period of time and subject to such conditions as the department
398may specify.
399     (f)  Restriction of the authorized scope of practice by the
400home inspector.
401     (3)  The department shall reissue the license of a
402disciplined home inspector upon certification that he or she has
403complied with all of the terms and conditions set forth in the
404final order.
405     468.8321  Disclosures.--Prior to contracting for or
406commencing a home inspection, a home inspector shall provide to
407the consumer:
408     (1)  A copy of his or her license to practice home
409inspection services in this state;
410     (2)  A written disclosure that contains the following
411information:
412     (a)  A statement of whether he or she maintains the
413liability insurance required by this part;
414     (b)  The scope and any exclusions of the home inspection;
415and
416     (c)  A statement of his or her experience that includes the
417number of years of experience he or she has as a home inspector.
418     468.8322  Insurance.--A home inspector shall maintain a
419commercial general liability insurance policy in an amount of
420not less than $300,000.
421     468.8323  Home inspection report.--Upon completion of each
422home inspection for compensation, the home inspector shall
423provide a written report prepared for the homeowner.
424     (1)  The home inspector shall report:
425     (a)  On those systems and components inspected that, in the
426professional opinion of the inspector, are significantly
427deficient or are near the end of their service lives.
428     (b)  A reason why, if not self-evident, the system or
429component reported under paragraph (a) is significantly
430deficient or near the end of its service life.
431     (c)  Any systems and components that were present at the
432time of the inspection but were not inspected, and a reason they
433were not inspected.
434     (2)  A home inspector is not required to provide estimates
435related to the cost of repair of an inspected property.
436     468.8324  Grandfather clause.--Until January 1, 2009,
437notwithstanding any other provision of this part, a person may
438qualify to be licensed by the department as a home inspector if
439he or she:
440     (1)  Has received a high school diploma or its equivalent;
441     (2)  Has been engaged in the practice of home inspection
442for compensation for at least 3 years prior to the effective
443date of this part;
444     (3)  Is of good moral character as defined in s. 468.8313;
445and
446     (4)  Has not committed any acts which would be grounds for
447disciplinary actions had the person been licensed under this
448part.
449     Section 2.  Part XVI of chapter 468, Florida Statutes,
450consisting of sections 468.84, 468.841, 468.8411, 468.8412,
451468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,
452468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is created
453to read:
454     468.84  Legislative purpose.--The Legislature finds it
455necessary in the interest of the public safety and welfare, to
456prevent damage to the real and personal property, to avert
457economic injury to the residents of this state, and to regulate
458persons and companies that hold themselves out to the public as
459qualified to perform mold-related services.
460     468.841  Exemptions.--
461     (1)  The following persons are not required to comply with
462any provisions of this part relating to mold assessment:
463     (a)  A residential property owner who performs mold
464assessment on his or her own property.
465     (b)  A person who performs mold assessment on property
466owned or leased by the person, the person's employer, or an
467entity affiliated with the person's employer through common
468ownership, or on property operated or managed by the person's
469employer or an entity affiliated with the person's employer
470through common ownership. This exemption does not apply if the
471person, employer, or affiliated entity engages in the business
472of performing mold assessment for the public.
473     (c)  An employee of a mold assessor while directly
474supervised by the mold assessor.
475     (d)  Persons or business organizations acting within the
476scope of the respective licenses required under chapter 471,
477part I of chapter 481, chapter 482, or chapter 489, are acting
478on behalf of an insurer under part VI of chapter 626, or are
479persons in the manufactured housing industry who are licensed
480under chapter 320, except when any such persons or business
481organizations hold themselves out for hire to the public as a
482"certified mold assessor," "registered mold assessor," "licensed
483mold assessor," "mold assessor," "professional mold assessor,"
484or any combination thereof stating or implying licensure under
485this part.
486     (e)  An authorized employee of the United States, this
487state, or any municipality, county, or other political
488subdivision, or public or private school and who is conducting
489mold assessment within the scope of that employment, as long as
490the employee does not hold out for hire to the general public or
491otherwise engage in mold assessment.
492     (2)  The following persons are not required to comply with
493any provisions of this part relating to mold remediation:
494     (a)  A residential property owner who performs mold
495remediation on his or her own property.
496     (b)  A person who performs mold remediation on property
497owned or leased by the person, the person's employer, or an
498entity affiliated with the person's employer through common
499ownership, or on property operated or managed by the person's
500employer or an entity affiliated with the person's employer
501through common ownership. This exemption does not apply if the
502person, employer, or affiliated entity engages in the business
503of performing mold remediation for the public.
504     (c)  An employee of a mold remediator while directly
505supervised by the mold remediator.
506     (d)  Persons or business organizations that are acting
507within the scope of the respective licenses required under
508chapter 471, part I of chapter 481, chapter 482, or chapter 489,
509are acting on behalf of an insurer under part VI of chapter 626,
510or are persons in the manufactured housing industry who are
511licensed under chapter 320, except when any such persons or
512business organizations hold themselves out for hire to the
513public as a "certified mold assessor," "registered mold
514assessor," "licensed mold assessor," "mold assessor,"
515"professional mold assessor," or any combination thereof stating
516or implying licensure under this part.
517     (e)  An authorized employee of the United States, this
518state, or any municipality, county, or other political
519subdivision, or public or private school and who is conducting
520mold remediation within the scope of that employment, as long as
521the employee does not hold out for hire to the general public or
522otherwise engage in mold remediation.
523     468.8411  Definitions.--As used in this part, the term:
524     (1)  "Department" means the Department of Business and
525Professional Regulation.
526     (2)  "Mold" means an organism of the class fungi that
527causes disintegration of organic matter and produces spores, and
528includes any spores, hyphae, and mycotoxins produced by mold.
529     (3)  "Mold assessment" means a process performed by a mold
530assessor that includes the physical sampling and detailed
531evaluation of data obtained from a building history and
532inspection to formulate an initial hypothesis about the origin,
533identity, location, and extent of amplification of mold growth
534of greater than ten square feet.
535     (4)  "Mold assessor" means any person who performs or
536directly supervises a mold assessment.
537     (5)  "Mold remediation" means the removal, cleaning,
538sanitizing, demolition, or other treatment, including preventive
539activities, of mold or mold-contaminated matter that was not
540purposely grown at that location; however, such removal,
541cleaning, sanitizing, demolition, or other treatment, including
542preventive activities, may not be work that requires a license
543under chapter 489 unless performed by a person who is licensed
544under that chapter or the work complies with that chapter.
545     (6)  "Mold remediator" means any person who performs mold
546remediation. A mold remediator may not perform any work that
547requires a license under chapter 489 unless the mold remediator
548is also licensed under that chapter or complies with that
549chapter.
550     468.8412  Fees.--
551     (1)  The department, by rule, may establish fees to be paid
552for application, examination, reexamination, licensing and
553renewal, inactive status application and reactivation of
554inactive licenses, and application for providers of continuing
555education. The department may also establish by rule a
556delinquency fee. Fees shall be based on department estimates of
557the revenue required to implement the provisions of this part.
558All fees shall be remitted with the application, examination,
559reexamination, licensing and renewal, inactive status
560application and reactivation of inactive licenses, and
561application for providers of continuing education.
562     (2)  The application fee shall not exceed $125 and is
563nonrefundable. The examination fee shall not exceed $125 plus
564the actual per applicant cost to the department to purchase the
565examination, if the department chooses to purchase the
566examination. The examination fee shall be in an amount that
567covers the cost of obtaining and administering the examination
568and shall be refunded if the applicant is found ineligible to
569sit for the examination.
570     (3)  The fee for an initial license shall not exceed $200.
571     (4)  The fee for an initial certificate of authorization
572shall not exceed $200.
573     (5)  The fee for a biennial license renewal shall not
574exceed $400.
575     (6)  The fee for a biennial certificate of authorization
576renewal shall not exceed $400.
577     (7)  The fee for licensure by endorsement shall not exceed
578$200.
579     (8)  The fee for application for inactive status shall not
580exceed $100.
581     (9)  The fee for reactivation of an inactive license shall
582not exceed $200.
583     (10)  The fee for applications from providers of continuing
584education may not exceed $500.
585     468.8413  Examinations.--
586     (1)  A person desiring to be licensed as a mold assessor or
587mold remediator shall apply to the department to take a
588licensure examination.
589     (2)  An applicant shall be entitled to take the licensure
590examination to practice in this state as a mold assessor or mold
591remediator if the applicant is of good moral character and has
592satisfied one of the following requirements:
593     (a)1.  For a mold remediator, at least a 2-year degree in
594microbiology, engineering, architecture, industrial hygiene,
595occupational safety, or a related field of science from an
596accredited institution and a minimum of 1 year of documented
597field experience in a field related to mold remediation; or
598     2.  A high school diploma or the equivalent with a minimum
599of 4 years of documented field experience in a field related to
600mold remediation.
601     (b)1.  For a mold assessor, at least a 2-year degree in
602microbiology, engineering, architecture, industrial hygiene,
603occupational safety, or a related field of science from an
604accredited institution and a minimum of 1 year of documented
605field experience in conducting microbial sampling or
606investigations; or
607     2.  A high school diploma or the equivalent with a minimum
608of 4 years of documented field experience in conducting
609microbial sampling or investigations.
610     (3)  The department shall review and approve courses of
611study in mold assessment and mold remediation.
612     (4)(a)  Good moral character means a personal history of
613honesty, fairness, and respect for the rights of others and for
614the laws of this state and nation.
615     (b)  The department may refuse to certify an applicant for
616failure to satisfy this requirement only if:
617     1.  There is a substantial connection between the lack of
618good moral character of the applicant and the professional
619responsibilities of a licensed mold assessor or mold remediator;
620and
621     2.  The finding by the department of lack of good moral
622character is supported by clear and convincing evidence.
623     (c)  When an applicant is found to be unqualified for a
624license because of a lack of good moral character, the
625department shall furnish the applicant a statement containing
626the findings of the department, a complete record of the
627evidence upon which the determination was based, and a notice of
628the rights of the applicant to a rehearing and appeal.
629     (5)  The department may adopt rules pursuant to ss.
630120.536(1) and 120.54 to implement the provisions of this
631section.
632     468.8414  Licensure.--
633     (1)  The department shall license any applicant who the
634department certifies is qualified to practice mold assessment or
635mold remediation.
636     (2)  The department shall certify for licensure any
637applicant who satisfies the requirements of s. 468.8413, who has
638passed the licensing examination, and who has documented
639training in water, mold, and respiratory protection. The
640department may refuse to certify any applicant who has violated
641any of the provisions of this part.
642     (3)  The department shall certify as qualified for a
643license by endorsement an applicant who is of good moral
644character and:
645     (a)  Is qualified to take the examination as set forth in
646s. 468.8413 and has passed a certification examination offered
647by a nationally recognized organization that certifies persons
648in the specialty of mold assessment or mold remediation that has
649been approved by the department as substantially equivalent to
650the requirements of this part and s. 455.217; or
651     (b)  Holds a valid license to practice mold assessment or
652mold remediation issued by another state or territory of the
653United States if the criteria for issuance of the license were
654substantially the same as the licensure criteria that is
655established by this part as determined by the department.
656     (4)  The department shall not issue a license by
657endorsement to any applicant who is under investigation in
658another state for any act that would constitute a violation of
659this part or chapter 455 until such time as the investigation is
660complete and disciplinary proceedings have been terminated.
661     468.8415  Renewal of license.--
662     (1)  The department shall renew a license upon receipt of
663the renewal application and fee and upon certification by the
664department that the licensee has satisfactorily completed the
665continuing education requirements of s. 468.8416.
666     (2)  The department shall adopt rules establishing a
667procedure for the biennial renewal of licenses.
668     468.8416  Continuing education.--
669     (1)  The department may not renew a license until the
670licensee submits proof satisfactory to it that during the 2
671years prior to his or her application for renewal the licensee
672has completed at least 14 hours of continuing education.
673Criteria and course content shall be approved by the department
674by rule.
675     (2)  The department may prescribe by rule additional
676continuing professional education hours, not to exceed 25
677percent of the total hours required, for failure to complete the
678hours required for renewal by the end of the renewal period.
679     468.8417  Inactive license.--
680     (1)  A licensee may request that his or her license be
681placed in an inactive status by making application to the
682department.
683     (2)  A license that has become inactive may be reactivated
684upon application to the department. The department may prescribe
685by rule continuing education requirements as a condition of
686reactivating a license. The continuing education requirements
687for reactivating a license may not exceed 14 hours for each year
688the license was inactive.
689     (3)  The department shall adopt rules relating to licenses
690that have become inactive and for the renewal of inactive
691licenses. The department shall prescribe by rule a fee not to
692exceed $50 for the reactivation of an inactive license and a fee
693not to exceed $50 for the renewal of an inactive license.
694     468.8418  Certification of partnerships and corporations.--
695     (1)  The department shall issue a certificate of
696authorization to a corporation or partnership offering mold
697assessment or mold remediation services to the public if the
698corporation or partnership satisfies all of the requirements of
699this part.
700     (2)  The practice of or the offer to practice mold
701assessment or mold remediation by licensees through a
702corporation or partnership offering mold assessment or mold
703remediation to the public, or by a corporation or partnership
704offering such services to the public through licensees under
705this part as agents, employees, officers, or partners, is
706permitted subject to the provisions of this part, provided that
707all personnel of the corporation or partnership who act on its
708behalf as mold assessors or mold remediators in this state are
709licensed as provided by this part, and, further, provided that
710the corporation or partnership has been issued a certificate of
711authorization by the department as provided in this section.
712Nothing in this section shall be construed to allow a
713corporation to hold a license to practice mold assessment or
714mold remediation. No corporation or partnership shall be
715relieved of responsibility for the conduct or acts of its
716agents, employees, or officers by reason of its compliance with
717this section, nor shall any individual practicing mold
718assessment or mold remediation be relieved of responsibility for
719professional services performed by reason of his or her
720employment or relationship with a corporation or partnership.
721     (3)  For the purposes of this section, a certificate of
722authorization shall be required for a corporation, partnership,
723association, or person practicing under a fictitious name,
724offering mold assessment or mold remediation; however, when an
725individual is practicing mold assessment or mold remediation
726under his or her own given name, he or she shall not be required
727to register under this section.
728     (4)  The fact that any licensed mold assessor or mold
729remediator practices through a corporation or partnership shall
730not relieve the licensee from personal liability for negligence,
731misconduct, or wrongful acts committed by him or her.
732Partnerships and all partners shall be jointly and severally
733liable for the negligence, misconduct, or wrongful acts
734committed by their agents, employees, or partners while acting
735in a professional capacity. Any officer, agent, or employee of a
736business organization other than a partnership shall be
737personally liable and accountable only for negligent acts,
738wrongful acts, or misconduct committed by him or her or
739committed by any person under his or her direct supervision and
740control while rendering professional services on behalf of the
741business organization. The personal liability of a shareholder
742or owner of a business organization, in his or her capacity as
743shareholder or owner, shall be no greater than that of a
744shareholder-employee of a corporation incorporated under chapter
745607. The business organization shall be liable up to the full
746value of its property for any negligent acts, wrongful acts, or
747misconduct committed by any of its officers, agents, or
748employees while they are engaged on its behalf in the rendering
749of professional services.
750     (5)  Each certificate of authorization shall be renewed
751every 2 years. Each partnership and corporation certified under
752this section shall notify the department within 1 month of any
753change in the information contained in the application upon
754which the certification is based.
755     (6)  Disciplinary action against a corporation or
756partnership shall be administered in the same manner and on the
757same grounds as disciplinary action against a licensed mold
758assessor or mold remediator.
759     468.8419  Prohibitions; penalties.--
760     (1)  A mold assessor, a company that employs a mold
761assessor, or a company that is controlled by a company that also
762has a financial interest in a company employing a mold assessor
763may not:
764     (a)  Perform or offer to perform any mold assessment unless
765the mold assessor has documented training in water, mold, and
766respiratory protection under s. 468.8414(2).
767     (b)  Perform or offer to perform any mold assessment unless
768the person has complied with the provisions of this part.
769     (c)  Use the name or title "certified mold assessor,"
770"registered mold assessor," "licensed mold assessor," "mold
771assessor," "professional mold assessor," or any combination
772thereof unless the person has complied with the provisions this
773part;
774     (d)  Perform or offer to perform any mold remediation to a
775structure on which the mold assessor or the mold assessor's
776company provided a mold assessment within the last 12 months.
777     (e)  Inspect for a fee any property in which the assessor
778or the assessor's company has any financial or transfer
779interest.
780     (f)  Accept any compensation, inducement, or reward from a
781mold remediator or mold remediator's company for the referral of
782any business to the mold remediator or the mold remediator's
783company.
784     (g)  Offer any compensation, inducement, or reward to a
785mold remediator or mold remediator's company for the referral of
786any business from the mold remediator or the mold remediator's
787company.
788     (h)  Accept an engagement to make an omission of the
789assessment or conduct an assessment in which the assessment
790itself, or the fee payable for the assessment, is contingent
791upon the conclusions of the assessment.
792     (2)  A mold remediator, a company that employs a mold
793remediator, or a company that is controlled by a company that
794also has a financial interest in a company employing a mold
795remediator may not:
796     (a)  Perform or offer to perform any mold remediation
797unless the remediator has documented training in water, mold,
798and respiratory protection under s. 468.8414(2).
799     (b)  Perform or offer to perform any mold remediation
800unless the person has complied with the provisions of this part.
801     (c)  Use the name or title "certified mold remediator,"
802"registered mold remediator," "licensed mold remediator," "mold
803remediator," "professional mold remediator," or any combination
804thereof unless the person has complied with the provisions of
805this part;
806     (d)  Perform or offer to perform any mold assessment to a
807structure on which the mold remediator or the mold remediator's
808company provided a mold remediation within the last 12 months.
809     (e)  Remediate for a fee any property in which the mold
810remediator or the mold remediator's company has any financial or
811transfer interest.
812     (f)  Accept any compensation, inducement, or reward from a
813mold assessor or mold assessor's company for the referral of any
814business from the mold assessor or the mold assessor's company.
815     (g)  Offer any compensation, inducement, or reward to a
816mold assessor or mold assessor's company for the referral of any
817business from the mold assessor or the mold assessor's company.
818     (3)  Any person who violates any provision of this section
819commits:
820     (a)  A misdemeanor of the second degree for a first
821violation, punishable as provided in s. 775.082 or s. 775.083.
822     (b)  A misdemeanor of the first degree for a second
823violation, punishable as provided in s. 775.082 or s. 775.083.
824     (c)  A felony of the third degree for a third or subsequent
825violation, punishable as provided in s. 775.082, s. 775.083, or
826s. 775.084.
827     468.842  Disciplinary proceedings.--
828     (1)  The following acts constitute grounds for which the
829disciplinary actions in subsection (2) may be taken:
830     (a)  Violation of any provision of this part or s.
831455.227(1);
832     (b)  Attempting to procure a license to practice mold
833assessment or mold remediation by bribery or fraudulent
834misrepresentations;
835     (c)  Having a license to practice mold assessment or mold
836remediation revoked, suspended, or otherwise acted against,
837including the denial of licensure, by the licensing authority of
838another state, territory, or country;
839     (d)  Being convicted or found guilty of, or entering a plea
840of nolo contendere to, regardless of adjudication, a crime in
841any jurisdiction that directly relates to the practice of mold
842assessment or mold remediation or the ability to practice mold
843assessment or mold remediation;
844     (e)  Making or filing a report or record that the licensee
845knows to be false, willfully failing to file a report or record
846required by state or federal law, willfully impeding or
847obstructing such filing, or inducing another person to impede or
848obstruct such filing. Such reports or records shall include only
849those that are signed in the capacity of a registered mold
850assessor or mold remediator;
851     (f)  Advertising goods or services in a manner that is
852fraudulent, false, deceptive, or misleading in form or content;
853     (g)  Engaging in fraud or deceit, or of negligence,
854incompetency, or misconduct, in the practice of mold assessment
855or mold remediation;
856     (h)  Failing to perform any statutory or legal obligation
857placed upon a licensed mold assessor or mold remediator;
858violating any provision of this chapter, a rule of the
859department, or a lawful order of the department previously
860entered in a disciplinary hearing; or failing to comply with a
861lawfully issued subpoena of the department; or
862     (i)  Practicing on a revoked, suspended, inactive, or
863delinquent license.
864     (2)  When the department finds any mold assessor or mold
865remediator guilty of any of the grounds set forth in subsection
866(1), it may enter an order imposing one or more of the following
867penalties:
868     (a)  Denial of an application for licensure.
869     (b)  Revocation or suspension of a license.
870     (c)  Imposition of an administrative fine not to exceed
871$1,000 for each count or separate offense.
872     (d)  Issuance of a reprimand.
873     (e)  Placement of the mold assessor or mold remediator on
874probation for a period of time and subject to such conditions as
875the department may specify.
876     (f)  Restriction of the authorized scope of practice by the
877mold assessor or mold remediator.
878     (3)  The department shall reissue the license of a
879disciplined mold assessor or mold remediator upon certification
880that he or she has complied with all of the terms and conditions
881set forth in the final order.
882     468.8421  Insurance.--
883     (1)  A mold assessor shall maintain general liability and
884errors and omissions insurance coverage in an amount of not less
885than $1,000,000.
886     (2)  A mold remediator shall maintain general liability
887insurance policy in an amount of not less than $1,000,000 that
888includes specific coverage for mold related claims.
889     468.8422  Contracts.--A contract to perform mold assessment
890or mold remediation shall be in a document or electronic record,
891signed or otherwise authenticated by the parties. A mold
892assessment contract is not required to provide estimates related
893to the cost of repair of an assessed property. A mold assessment
894contract is not required to provide estimates.
895     468.8423  Grandfather clause.--A person who performs mold
896assessment or mold remediation as defined in this part may
897qualify to be licensed by the department as a mold assessor or
898mold remediator if the person meets the licensure requirements
899of this part by July 1, 2008.
900     Section 3.  Part XVII of chapter 468, Florida Statutes,
901consisting of sections 468.85, 468.851, 468.852, 468.853,
902468.854, and 468.855, is created to read:
903     468.85  Definitions.--As used in this part, the term:
904     (1)  "Department" means the Department of Business and
905Professional Regulation.
906     (2)  "Property" means any residential or commercial real
907property that is a single-family dwelling, duplex, triplex,
908quadruplex, condominium unit, or cooperative unit. The term does
909not include the common areas of condominiums or cooperatives.
910     (3)  "Wind mitigation assessor" means any person who for a
911fee or other compensation has been specially trained and
912licensed to render wind mitigation assessments under this part.
913     (4)  "Wind mitigation assessment" means a limited visual
914examination of the structure, roof covering, exterior
915components, and site conditions that affect the ability of the
916property to withstand the effects of gale-force winds for the
917purposes of providing a written professional opinion regarding
918any measures that may reasonably be taken by the owner to limit
919the damage such winds may cause to the property.
920     468.851  Licensure.--
921     (1)  The department shall license any applicant who the
922department certifies is qualified to practice wind mitigation
923assessment.
924     (2)  The department shall certify for licensure any person
925who satisfies the following requirements:
926     (a)  Completion of classroom instruction in products,
927designs, and construction techniques to improve the structural
928soundness of a property. The classroom criteria and required
929number of hours shall be approved by the Department of Financial
930Services;
931     (b)  Satisfactory completion of a background screening,
932using the level 2 standards set forth in chapter 435;
933     (c)  Satisfactory completion of a drug-screen test; and
934     (d)  Satisfactory results from a fingerprint-based criminal
935history check.
936     (3)  A business entity may not provide or offer to provide
937wind mitigation assessments or use the title "wind mitigation
938assessments" to describe the business entity's services, unless
939each of the wind mitigation assessors employed by the business
940entity are licensed under this part.
941     468.852  Exemptions.--A person is not required to comply
942with this part when acting within his or her authorized scope of
943practice, except when such person holds himself or herself out
944for hire to the public as a "wind mitigation assessor" or any
945similar term stating or implying licensure under this part if he
946or she is one or more of the following:
947     (1)  A contractor licensed under chapter 489.
948     (2)  An architect licensed under chapter 481.
949     (3)  An engineer licensed under chapter 471.
950     (4)  A building code administrator, plans examiner, or
951building code inspector licensed under part XII of chapter 468.
952     (5)  A certified real estate appraiser, licensed real
953estate appraiser, or registered real estate appraiser licensed
954under part XII of chapter 468.
955     468.853  Prohibited acts; penalties.--
956     (1)  A wind mitigation assessor or a company that employs a
957wind mitigation assessor may not:
958     (a)  Perform or offer to perform for a fee any mitigation
959to a home for which the specialist or the specialist's company
960has rendered a wind mitigation assessment.
961     (b)  Inspect for a fee any property in which the specialist
962or the specialist's company has any financial or transfer
963interest.
964     (2)  Any person who is found to be in violation of any
965provision of this section commits a misdemeanor of the first
966degree, punishable as provided in s. 775.082 or s. 775.083.
967     468.854  Insurance.--A wind mitigation assessor shall
968maintain a commercial general liability insurance policy in an
969amount of not less than $300,000.
970     468.855  Mitigation cost estimates.--Wind mitigation
971assessors are not required to provide estimates related to the
972cost of mitigation of an inspected property, except as provided
973in s. 215.5586.
974     Section 4.  This act shall take effect July 1, 2007.


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