CS/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 prohibitions and
49penalties; providing grounds for disciplinary proceedings;
50authorizing the department to impose specified penalties;
51requiring mold assessors and mold remediators to maintain
52specified insurance policies; providing requirements for
53contracts to perform mold assessment or mold remediation;
54authorizing certain persons to qualify for mold assessment
55and mold remediation licensure notwithstanding the
56requirements of this part; providing appropriations;
57providing an effective date.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Part XV of chapter 468, Florida Statutes,
62consisting of sections 468.83, 468.831, 468.8311, 468.8312,
63468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,
64468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,
65is created to read:
66     468.83  Purpose.--The Legislature recognizes that there is
67a need to require the licensing of home inspectors and to ensure
68that consumers of home inspection services can rely on the
69competence of home inspectors, as determined by educational and
70experience requirements and testing. Therefore, the Legislature
71deems it necessary in the interest of the public welfare to
72regulate home inspectors in this state.
73     468.831  Exemptions.--A person is not required to comply
74with this part when acting within his or her authorized scope of
75practice, except when such person holds himself or herself out
76for hire to the public as a "certified home inspector,"
77"registered home inspector," "licensed home inspector," "home
78inspector," "professional home inspector," or any combination
79thereof stating or implying licensure under this part if he or
80she is one or more of the following:
81     (1)  A contractor licensed under chapter 489.
82     (2)  An architect licensed under chapter 481.
83     (3)  An engineer licensed under chapter 471.
84     (4)  A building code administrator, plans examiner, or
85building code inspector licensed under part XII of chapter 468.
86     (5)  A certified real estate appraiser, licensed real
87estate appraiser, or registered real estate appraiser licensed
88under part II of chapter 475.
89     (6)  A home inspector whose report is being provided to,
90and is solely for the benefit of, the Federal Housing
91Administration or the Veterans Administration.
92     (7)  A home inspector conducting inspections for wood-
93destroying organisms on behalf of a licensee under chapter 482.
94     (8)  A home inspector conducting inspections for quality
95control and on behalf of a general contractor licensed under
96chapter 489.
97     (9)  A firesafety inspector certified under s. 633.081.
98     (10)  An insurance adjuster licensed under part VI of
99chapter 626.
100     (11)  An officer appointed by the court.
101     (12)  A person performing safety inspections of utility
102equipment in or on a home or building or other duties conducted
103by or for a utility under chapter 366 or rules adopted by the
104Public Service Commission.
105     (13)  A certified energy auditor performing an energy audit
106of any home or building or other duties conducted by or for a
107utility under chapter 366 or rules adopted by the Public Service
108Commission.
109     468.8311  Definitions.--As used in this part, the term:
110     (1)  "Department" means the Department of Business and
111Professional Regulation.
112     (2)  "Home" means any residential real property, or
113manufactured or modular home, which is a single-family dwelling,
114duplex, triplex, quadruplex, condominium unit, or cooperative
115unit. The term does not include the common areas of condominiums
116or cooperatives.
117     (3)  "Home inspector" means any person who provides or
118offers to provide home inspection services for a fee or other
119compensation.
120     (4)  "Home inspection services" means a limited visual
121examination of one or more of the following readily accessible
122installed systems and components of a home: the structure,
123electrical system, HVAC system, roof covering, plumbing system,
124interior components, exterior components, and site conditions
125that affect the structure, for the purposes of providing a
126written professional opinion of the condition of the home.
127     468.8312  Fees.--
128     (1)  The department, by rule, may establish fees to be paid
129for applications, examination, reexamination, licensing and
130renewal, inactive status application and reactivation of
131inactive licenses, recordkeeping, and applications for providers
132of continuing education. The department may also establish by
133rule a delinquency fee. Fees shall be based on department
134estimates of the revenue required to implement the provisions of
135this part. All fees shall be remitted with the appropriate
136application, examination, or license.
137     (2)  The initial application and examination fee shall not
138exceed $125 plus the actual per applicant cost to the department
139to purchase an examination, if the department chooses to
140purchase the examination. The examination fee shall be in an
141amount that covers the cost of obtaining and administering the
142examination and shall be refunded if the applicant is found
143ineligible to sit for the examination. The application fee shall
144be nonrefundable.
145     (3)  The initial license fee shall not exceed $200.
146     (4)  The fee for a certificate of authorization shall not
147exceed $125.
148     (5)  The biennial renewal fee shall not exceed $200.
149     (6)  The fee for licensure by endorsement shall not exceed
150$200.
151     (7)  The fee for application for inactive status or for
152reactivation of an inactive license shall not exceed $200.
153     (8)  The fee for applications from providers of continuing
154education may not exceed $500.
155     468.8313  Examinations.--
156     (1)  A person desiring to be licensed as a home inspector
157shall apply to the department to take a licensure examination.
158     (2)  An applicant shall be entitled to take the licensure
159examination for the purpose of determining whether he or she is
160qualified to practice in this state as a home inspector if the
161applicant is of good moral character and has satisfied the
162following requirements:
163     (a)  Has received a high school diploma or its equivalent.
164     (b)  Has completed a course of study of no less than 120
165hours that covers all of the following components of a home:
166structure, electrical system, HVAC system, roof covering,
167plumbing system, interior components, exterior components, and
168site conditions that affect the structure.
169     (3)  The department shall review and approve courses of
170study in home inspection.
171     (4)  The department may review and approve examinations by
172a nationally recognized entity that offers programs or sets
173standards that ensure competence as a home inspector.
174     (5)(a)  "Good moral character" means a personal history of
175honesty, fairness, and respect for the rights of others and for
176the laws of this state and nation.
177     (b)  The department may refuse to certify an applicant for
178failure to satisfy this requirement only if:
179     1.  There is a substantial connection between the lack of
180good moral character of the applicant and the professional
181responsibilities of a licensed home inspector; and
182     2.  The finding by the department of lack of good moral
183character is supported by clear and convincing evidence.
184     (c)  When an applicant is found to be unqualified for a
185license because of lack of good moral character, the department
186shall furnish the applicant a statement containing the findings
187of the department, a complete record of the evidence upon which
188the determination was based, and a notice of the rights of the
189applicant to a rehearing and appeal.
190     (6)  The department may adopt rules pursuant to ss.
191120.536(1) and 120.54 to implement the provisions of this
192section.
193     468.8314  Licensure.--
194     (1)  The department shall license any applicant who the
195department certifies is qualified to practice home inspection
196services.
197     (2)  The department shall certify for licensure any
198applicant who satisfies the requirements of s. 468.8313 and who
199has passed the licensing examination. The department may refuse
200to certify any applicant who has violated any of the provisions
201of s. 468.832.
202     (3)  The department shall certify as qualified for a
203license by endorsement an applicant who is of good moral
204character as determined in s. 468.8313; holds a valid license to
205practice home inspection services in another state or territory
206of the United States, whose educational requirements are
207substantially equivalent to those required by this part; and has
208passed a national, regional, state, or territorial licensing
209examination that is substantially equivalent to the examination
210required by this part.
211     (4)  The department shall not issue a license by
212endorsement to any applicant who is under investigation in
213another state for any act that would constitute a violation of
214this part or chapter 455 until such time as the investigation is
215complete and disciplinary proceedings have been terminated.
216     468.8315  Renewal of license.--
217     (1)  The department shall renew a license upon receipt of
218the renewal application and upon certification by the department
219that the licensee has satisfactorily completed the continuing
220education requirements of s. 468.8316.
221     (2)  The department shall adopt rules establishing a
222procedure for the biennial renewal of licenses.
223     468.8316  Continuing education.--
224     (1)  The department may not renew a license until the
225licensee submits proof satisfactory to the department that
226during the 2 years prior to his or her application for renewal
227the licensee has completed at least 14 hours of continuing
228education. Criteria and course content shall be approved by the
229department by rule.
230     (2)  The department may prescribe by rule additional
231continuing professional education hours, not to exceed 25
232percent of the total hours required, for failure to complete the
233hours required for renewal by the end of the reestablishment
234period.
235     468.8317  Inactive license.--
236     (1)  A licensee may request that his or her license be
237placed in an inactive status by making application to the
238department.
239     (2)  A license that has become inactive may be reactivated
240upon application to the department. The department may prescribe
241by rule continuing education requirements as a condition of
242reactivating a license. The continuing education requirements
243for reactivating a license may not exceed 14 hours for each year
244the license was inactive.
245     (3)  The department shall adopt rules relating to licenses
246which have become inactive and for the renewal of inactive
247licenses. The department shall prescribe by rule a fee not to
248exceed $200 for the reactivation of an inactive license and a
249fee not to exceed $200 for the renewal of an inactive license.
250     468.8318  Certification of corporations and partnerships.--
251     (1)  The department shall issue a certificate of
252authorization to a corporation or partnership offering home
253inspection services to the public if the corporation or
254partnership satisfies all of the requirements of this part.
255     (2)  The practice of or the offer to practice home
256inspection services by licensees through a corporation or
257partnership offering home inspection services to the public, or
258by a corporation or partnership offering such services to the
259public through licensees under this part as agents, employees,
260officers, or partners, is permitted subject to the provisions of
261this part, provided that all personnel of the corporation or
262partnership who act in its behalf as home inspectors in this
263state are licensed as provided by this part; and further
264provided that the corporation or partnership has been issued a
265certificate of authorization by the department as provided in
266this section. Nothing in this section shall be construed to
267allow a corporation to hold a license to practice home
268inspection services. No corporation or partnership shall be
269relieved of responsibility for the conduct or acts of its
270agents, employees, or officers by reason of its compliance with
271this section, nor shall any individual practicing home
272inspection services be relieved of responsibility for
273professional services performed by reason of his or her
274employment or relationship with a corporation or partnership.
275     (3)  For the purposes of this section, a certificate of
276authorization shall be required for a corporation, partnership,
277association, or person practicing under a fictitious name and
278offering home inspection services to the public; however, when
279an individual is practicing home inspection services in his or
280her own given name, he or she shall not be required to register
281under this section.
282     (4)  Each certificate of authorization shall be renewed
283every 2 years. Each partnership and corporation certified under
284this section shall notify the department within 1 month of any
285change in the information contained in the application upon
286which the certification is based.
287     (5)  Disciplinary action against a corporation or
288partnership shall be administered in the same manner and on the
289same grounds as disciplinary action against a licensed home
290inspector.
291     468.8319  Prohibitions; penalties.--
292     (1)  A home inspector, a company that employs a home
293inspector, or a company that is controlled by a company that
294also has a financial interest in a company employing a home
295inspector may not:
296     (a)  Practice or offer to practice home inspection services
297unless the person has complied with the provisions of this part;
298     (b)  Use the name or title "certified home inspector,"
299"registered home inspector," "licensed home inspector," "home
300inspector," "professional home inspector," or any combination
301thereof unless the person has complied with the provisions of
302this part;
303     (c)  Present as his or her own the license of another;
304     (d)  Knowingly give false or forged evidence to the
305department or an employee thereof;
306     (e)  Use or attempt to use a license that has been
307suspended or revoked;
308     (f)  Perform or offer to perform, prior to closing, for any
309additional fee, any repairs to a home on which the inspector or
310the inspector's company has prepared a home inspection report.
311This paragraph does not apply to a home warranty company that is
312affiliated with or retains a home inspector to perform repairs
313pursuant to a claim made under a home warranty contract;
314     (g)  Inspect for a fee any property in which the inspector
315or the inspector's company has any financial or transfer
316interest;
317     (h)  Offer or deliver any compensation, inducement, or
318reward to any broker or agent therefor for the referral of the
319owner of the inspected property to the inspector or the
320inspection company; or
321     (i)  Accept an engagement to make an omission or prepare a
322report in which the inspection itself, or the fee payable for
323the inspection, is contingent upon either the conclusions in the
324report, preestablished findings, or the close of escrow.
325     (2)  Any person who is found to be in violation of any
326provision of this section commits a misdemeanor of the first
327degree, punishable as provided in s. 775.082 or s. 775.083.
328     468.832  Disciplinary proceedings.--
329     (1)  The following acts constitute grounds for which the
330disciplinary actions in subsection (2) may be taken:
331     (a)  Violation of any provision of this part or s.
332455.227(1);
333     (b)  Attempting to procure a license to practice home
334inspection services by bribery or fraudulent misrepresentation;
335     (c)  Having a license to practice home inspection services
336revoked, suspended, or otherwise acted against, including the
337denial of licensure, by the licensing authority of another
338state, territory, or country;
339     (d)  Being convicted or found guilty of, or entering a plea
340of nolo contendere to, regardless of adjudication, a crime in
341any jurisdiction that directly relates to the practice of home
342inspection services or the ability to practice home inspection
343services;
344     (e)  Making or filing a report or record that the licensee
345knows to be false, willfully failing to file a report or record
346required by state or federal law, willfully impeding or
347obstructing such filing, or inducing another person to impede or
348obstruct such filing. Such reports or records shall include only
349those that are signed in the capacity of a licensed home
350inspector;
351     (f)  Advertising goods or services in a manner that is
352fraudulent, false, deceptive, or misleading in form or content;
353     (g)  Engaging in fraud or deceit, or of negligence,
354incompetency, or misconduct, in the practice of home inspection
355services;
356     (h)  Failing to perform any statutory or legal obligation
357placed upon a licensed home inspector; violating any provision
358of this chapter, a rule of the department, or a lawful order of
359the department previously entered in a disciplinary hearing; or
360failing to comply with a lawfully issued subpoena of the
361department; or
362     (i)  Practicing on a revoked, suspended, inactive, or
363delinquent license.
364     (2)  When the department finds any home inspector guilty of
365any of the grounds set forth in subsection (1), it may enter an
366order imposing one or more of the following penalties:
367     (a)  Denial of an application for licensure.
368     (b)  Revocation or suspension of a license.
369     (c)  Imposition of an administrative fine not to exceed
370$5,000 for each count or separate offense.
371     (d)  Issuance of a reprimand.
372     (e)  Placement of the home inspector on probation for a
373period of time and subject to such conditions as the department
374may specify.
375     (f)  Restriction of the authorized scope of practice by the
376home inspector.
377     (3)  In addition to any other sanction imposed under this
378part, in any final order that imposes sanctions, the department
379may assess costs related to the investigation and prosecution of
380the case.
381     468.8321  Disclosures.--Prior to contracting for or
382commencing a home inspection, a home inspector shall provide to
383the consumer a copy of his or her license to practice home
384inspection services in this state and a written disclosure that
385contains the scope and any exclusions of the home inspection.
386     468.8322  Insurance.--A home inspector shall maintain a
387commercial general liability insurance policy in an amount of
388not less than $300,000.
389     468.8323  Home inspection report.--Upon completion of each
390home inspection for compensation, the home inspector shall
391provide a written report prepared for the client.
392     (1)  The home inspector shall report:
393     (a)  On those systems and components inspected that, in the
394professional opinion of the inspector, are significantly
395deficient or are near the end of their service lives.
396     (b)  If self-evident, a reason why the system or component
397reported under paragraph (a) is significantly deficient or near
398the end of its service life.
399     (c)  Any systems and components that were present at the
400time of the inspection but were not inspected, and a reason they
401were not inspected.
402     (2)  A home inspector is not required to provide estimates
403related to the cost of repair of an inspected property.
404     468.8324  Grandfather clause.--Until January 1, 2009,
405notwithstanding any other provision of this part, a person may
406qualify to be licensed by the department as a home inspector if
407he or she:
408     (1)  Has received a high school diploma or its equivalent;
409     (2)  Has been engaged in the practice of home inspection
410for compensation for at least 3 years prior to the effective
411date of this part;
412     (3)  Is of good moral character as defined in s. 468.8313;
413and
414     (4)  Has not committed any acts which would be grounds for
415disciplinary actions had the person been licensed under this
416part.
417     Section 2.  Part XVI of chapter 468, Florida Statutes,
418consisting of sections 468.84, 468.841, 468.8411, 468.8412,
419468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,
420468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is created
421to read:
422     468.84  Legislative purpose.--The Legislature finds it
423necessary in the interest of the public safety and welfare, to
424prevent damage to the real and personal property, to avert
425economic injury to the residents of this state, and to regulate
426persons and companies that hold themselves out to the public as
427qualified to perform mold-related services.
428     468.841  Exemptions.--
429     (1)  The following persons are not required to comply with
430any provisions of this part relating to mold assessment:
431     (a)  A residential property owner who performs mold
432assessment on his or her own property.
433     (b)  A person who performs mold assessment on property
434owned or leased by the person, the person's employer, or an
435entity affiliated with the person's employer through common
436ownership, or on property operated or managed by the person's
437employer or an entity affiliated with the person's employer
438through common ownership. This exemption does not apply if the
439person, employer, or affiliated entity engages in the business
440of performing mold assessment for the public.
441     (c)  An employee of a mold assessor while directly
442supervised by the mold assessor.
443     (d)  Persons or business organizations acting within the
444scope of the respective licenses required under chapter 471,
445part I of chapter 481, chapter 482, or chapter 489, are acting
446on behalf of an insurer under part VI of chapter 626, or are
447persons in the manufactured housing industry who are licensed
448under chapter 320, except when any such persons or business
449organizations hold themselves out for hire to the public as a
450"certified mold assessor," "registered mold assessor," "licensed
451mold assessor," "mold assessor," "professional mold assessor,"
452or any combination thereof stating or implying licensure under
453this part.
454     (e)  An authorized employee of the United States, this
455state, or any municipality, county, or other political
456subdivision, or public or private school and who is conducting
457mold assessment within the scope of that employment, as long as
458the employee does not hold out for hire to the general public or
459otherwise engage in mold assessment.
460     (2)  The following persons are not required to comply with
461any provisions of this part relating to mold remediation:
462     (a)  A residential property owner who performs mold
463remediation on his or her own property.
464     (b)  A person who performs mold remediation on property
465owned or leased by the person, the person's employer, or an
466entity affiliated with the person's employer through common
467ownership, or on property operated or managed by the person's
468employer or an entity affiliated with the person's employer
469through common ownership. This exemption does not apply if the
470person, employer, or affiliated entity engages in the business
471of performing mold remediation for the public.
472     (c)  An employee of a mold remediator while directly
473supervised by the mold remediator.
474     (d)  Persons or business organizations that are acting
475within the scope of the respective licenses required under
476chapter 471, part I of chapter 481, chapter 482, or chapter 489,
477are acting on behalf of an insurer under part VI of chapter 626,
478or are persons in the manufactured housing industry who are
479licensed under chapter 320, except when any such persons or
480business organizations hold themselves out for hire to the
481public as a "certified mold remediator," "registered mold
482remediator," "licensed mold remediator," "mold remediator,"
483"professional mold remediator," or any combination thereof
484stating or implying licensure under this part.
485     (e)  An authorized employee of the United States, this
486state, or any municipality, county, or other political
487subdivision, or public or private school and who is conducting
488mold remediation within the scope of that employment, as long as
489the employee does not hold out for hire to the general public or
490otherwise engage in mold remediation.
491     468.8411  Definitions.--As used in this part, the term:
492     (1)  "Department" means the Department of Business and
493Professional Regulation.
494     (2)  "Mold" means an organism of the class fungi that
495causes disintegration of organic matter and produces spores, and
496includes any spores, hyphae, and mycotoxins produced by mold.
497     (3)  "Mold assessment" means a process performed by a mold
498assessor that includes the physical sampling and detailed
499evaluation of data obtained from a building history and
500inspection to formulate an initial hypothesis about the origin,
501identity, location, and extent of amplification of mold growth
502of greater than 10 square feet.
503     (4)  "Mold assessor" means any person who performs or
504directly supervises a mold assessment.
505     (5)  "Mold remediation" means the removal, cleaning,
506sanitizing, demolition, or other treatment, including preventive
507activities, of mold or mold-contaminated matter of greater than
50810 square feet that was not purposely grown at that location;
509however, such removal, cleaning, sanitizing, demolition, or
510other treatment, including preventive activities, may not be
511work that requires a license under chapter 489 unless performed
512by a person who is licensed under that chapter or the work
513complies with that chapter.
514     (6)  "Mold remediator" means any person who performs mold
515remediation. A mold remediator may not perform any work that
516requires a license under chapter 489 unless the mold remediator
517is also licensed under that chapter or complies with that
518chapter.
519     468.8412  Fees.--
520     (1)  The department, by rule, may establish fees to be paid
521for application, examination, reexamination, licensing and
522renewal, inactive status application and reactivation of
523inactive licenses, and application for providers of continuing
524education. The department may also establish by rule a
525delinquency fee. Fees shall be based on department estimates of
526the revenue required to implement the provisions of this part.
527All fees shall be remitted with the application, examination,
528reexamination, licensing and renewal, inactive status
529application and reactivation of inactive licenses, and
530application for providers of continuing education.
531     (2)  The application fee shall not exceed $125 and is
532nonrefundable. The examination fee shall not exceed $125 plus
533the actual per applicant cost to the department to purchase the
534examination, if the department chooses to purchase the
535examination. The examination fee shall be in an amount that
536covers the cost of obtaining and administering the examination
537and shall be refunded if the applicant is found ineligible to
538sit for the examination.
539     (3)  The fee for an initial license shall not exceed $200.
540     (4)  The fee for an initial certificate of authorization
541shall not exceed $200.
542     (5)  The fee for a biennial license renewal shall not
543exceed $400.
544     (6)  The fee for a biennial certificate of authorization
545renewal shall not exceed $400.
546     (7)  The fee for licensure by endorsement shall not exceed
547$200.
548     (8)  The fee for application for inactive status shall not
549exceed $100.
550     (9)  The fee for reactivation of an inactive license shall
551not exceed $200.
552     (10)  The fee for applications from providers of continuing
553education may not exceed $500.
554     468.8413  Examinations.--
555     (1)  A person desiring to be licensed as a mold assessor or
556mold remediator shall apply to the department to take a
557licensure examination.
558     (2)  An applicant shall be entitled to take the licensure
559examination to practice in this state as a mold assessor or mold
560remediator if the applicant is of good moral character and has
561satisfied one of the following requirements:
562     (a)1.  For a mold remediator, at least a 2-year degree in
563microbiology, engineering, architecture, industrial hygiene,
564occupational safety, or a related field of science from an
565accredited institution and a minimum of 1 year of documented
566field experience in a field related to mold remediation; or
567     2.  A high school diploma or the equivalent with a minimum
568of 4 years of documented field experience in a field related to
569mold remediation.
570     (b)1.  For a mold assessor, at least a 2-year degree in
571microbiology, engineering, architecture, industrial hygiene,
572occupational safety, or a related field of science from an
573accredited institution and a minimum of 1 year of documented
574field experience in conducting microbial sampling or
575investigations; or
576     2.  A high school diploma or the equivalent with a minimum
577of 4 years of documented field experience in conducting
578microbial sampling or investigations.
579     (3)  The department shall review and approve courses of
580study in mold assessment and mold remediation.
581     (4)(a)  Good moral character means a personal history of
582honesty, fairness, and respect for the rights of others and for
583the laws of this state and nation.
584     (b)  The department may refuse to certify an applicant for
585failure to satisfy this requirement only if:
586     1.  There is a substantial connection between the lack of
587good moral character of the applicant and the professional
588responsibilities of a licensed mold assessor or mold remediator;
589and
590     2.  The finding by the department of lack of good moral
591character is supported by clear and convincing evidence.
592     (c)  When an applicant is found to be unqualified for a
593license because of a lack of good moral character, the
594department shall furnish the applicant a statement containing
595the findings of the department, a complete record of the
596evidence upon which the determination was based, and a notice of
597the rights of the applicant to a rehearing and appeal.
598     (5)  The department may adopt rules pursuant to ss.
599120.536(1) and 120.54 to implement the provisions of this
600section.
601     468.8414  Licensure.--
602     (1)  The department shall license any applicant who the
603department certifies is qualified to practice mold assessment or
604mold remediation.
605     (2)  The department shall certify for licensure any
606applicant who satisfies the requirements of s. 468.8413, who has
607passed the licensing examination, and who has documented
608training in water, mold, and respiratory protection. The
609department may refuse to certify any applicant who has violated
610any of the provisions of this part.
611     (3)  The department shall certify as qualified for a
612license by endorsement an applicant who is of good moral
613character and:
614     (a)  Is qualified to take the examination as set forth in
615s. 468.8413 and has passed a certification examination offered
616by a nationally recognized organization that certifies persons
617in the specialty of mold assessment or mold remediation that has
618been approved by the department as substantially equivalent to
619the requirements of this part and s. 455.217; or
620     (b)  Holds a valid license to practice mold assessment or
621mold remediation issued by another state or territory of the
622United States if the criteria for issuance of the license were
623substantially the same as the licensure criteria that is
624established by this part as determined by the department.
625     (4)  The department shall not issue a license by
626endorsement to any applicant who is under investigation in
627another state for any act that would constitute a violation of
628this part or chapter 455 until such time as the investigation is
629complete and disciplinary proceedings have been terminated.
630     468.8415  Renewal of license.--
631     (1)  The department shall renew a license upon receipt of
632the renewal application and fee and upon certification by the
633department that the licensee has satisfactorily completed the
634continuing education requirements of s. 468.8416.
635     (2)  The department shall adopt rules establishing a
636procedure for the biennial renewal of licenses.
637     468.8416  Continuing education.--
638     (1)  The department may not renew a license until the
639licensee submits proof satisfactory to it that during the 2
640years prior to his or her application for renewal the licensee
641has completed at least 14 hours of continuing education.
642Criteria and course content shall be approved by the department
643by rule.
644     (2)  The department may prescribe by rule additional
645continuing professional education hours, not to exceed 25
646percent of the total hours required, for failure to complete the
647hours required for renewal by the end of the renewal period.
648     468.8417  Inactive license.--
649     (1)  A licensee may request that his or her license be
650placed in an inactive status by making application to the
651department.
652     (2)  A license that has become inactive may be reactivated
653upon application to the department. The department may prescribe
654by rule continuing education requirements as a condition of
655reactivating a license. The continuing education requirements
656for reactivating a license may not exceed 14 hours for each year
657the license was inactive.
658     (3)  The department shall adopt rules relating to licenses
659that have become inactive and for the renewal of inactive
660licenses. The department shall prescribe by rule a fee not to
661exceed $200 for the reactivation of an inactive license and a
662fee not to exceed $200 for the renewal of an inactive license.
663     468.8418  Certification of partnerships and corporations.--
664     (1)  The department shall issue a certificate of
665authorization to a corporation or partnership offering mold
666assessment or mold remediation services to the public if the
667corporation or partnership satisfies all of the requirements of
668this part.
669     (2)  The practice of or the offer to practice mold
670assessment or mold remediation by licensees through a
671corporation or partnership offering mold assessment or mold
672remediation to the public, or by a corporation or partnership
673offering such services to the public through licensees under
674this part as agents, employees, officers, or partners, is
675permitted subject to the provisions of this part, provided that
676the corporation or partnership has been issued a certificate of
677authorization by the department as provided in this section.
678Nothing in this section shall be construed to allow a
679corporation to hold a license to practice mold assessment or
680mold remediation. No corporation or partnership shall be
681relieved of responsibility for the conduct or acts of its
682agents, employees, or officers by reason of its compliance with
683this section, nor shall any individual practicing mold
684assessment or mold remediation be relieved of responsibility for
685professional services performed by reason of his or her
686employment or relationship with a corporation or partnership.
687     (3)  For the purposes of this section, a certificate of
688authorization shall be required for a corporation, partnership,
689association, or person practicing under a fictitious name,
690offering mold assessment or mold remediation; however, when an
691individual is practicing mold assessment or mold remediation
692under his or her own given name, he or she shall not be required
693to register under this section.
694     (4)  Each certificate of authorization shall be renewed
695every 2 years. Each partnership and corporation certified under
696this section shall notify the department within 1 month of any
697change in the information contained in the application upon
698which the certification is based.
699     (5)  Disciplinary action against a corporation or
700partnership shall be administered in the same manner and on the
701same grounds as disciplinary action against a licensed mold
702assessor or mold remediator.
703     468.8419  Prohibitions; penalties.--
704     (1)  A mold assessor, a company that employs a mold
705assessor, or a company that is controlled by a company that also
706has a financial interest in a company employing a mold assessor
707may not:
708     (a)  Perform or offer to perform any mold assessment unless
709the mold assessor has documented training in water, mold, and
710respiratory protection under s. 468.8414(2).
711     (b)  Perform or offer to perform any mold assessment unless
712the person has complied with the provisions of this part.
713     (c)  Use the name or title "certified mold assessor,"
714"registered mold assessor," "licensed mold assessor," "mold
715assessor," "professional mold assessor," or any combination
716thereof unless the person has complied with the provisions this
717part;
718     (d)  Perform or offer to perform any mold remediation to a
719structure on which the mold assessor or the mold assessor's
720company provided a mold assessment within the last 12 months.
721     (e)  Inspect for a fee any property in which the assessor
722or the assessor's company has any financial or transfer
723interest.
724     (f)  Accept any compensation, inducement, or reward from a
725mold remediator or mold remediator's company for the referral of
726any business to the mold remediator or the mold remediator's
727company.
728     (g)  Offer any compensation, inducement, or reward to a
729mold remediator or mold remediator's company for the referral of
730any business from the mold remediator or the mold remediator's
731company.
732     (h)  Accept an engagement to make an omission of the
733assessment or conduct an assessment in which the assessment
734itself, or the fee payable for the assessment, is contingent
735upon the conclusions of the assessment.
736     (2)  A mold remediator, a company that employs a mold
737remediator, or a company that is controlled by a company that
738also has a financial interest in a company employing a mold
739remediator may not:
740     (a)  Perform or offer to perform any mold remediation
741unless the remediator has documented training in water, mold,
742and respiratory protection under s. 468.8414(2).
743     (b)  Perform or offer to perform any mold remediation
744unless the person has complied with the provisions of this part.
745     (c)  Use the name or title "certified mold remediator,"
746"registered mold remediator," "licensed mold remediator," "mold
747remediator," "professional mold remediator," or any combination
748thereof unless the person has complied with the provisions of
749this part;
750     (d)  Perform or offer to perform any mold assessment to a
751structure on which the mold remediator or the mold remediator's
752company provided a mold remediation within the last 12 months.
753     (e)  Remediate for a fee any property in which the mold
754remediator or the mold remediator's company has any financial or
755transfer interest.
756     (f)  Accept any compensation, inducement, or reward from a
757mold assessor or mold assessor's company for the referral of any
758business from the mold assessor or the mold assessor's company.
759     (g)  Offer any compensation, inducement, or reward to a
760mold assessor or mold assessor's company for the referral of any
761business from the mold assessor or the mold assessor's company.
762     (3)  Any person who violates any provision of this section
763commits:
764     (a)  A misdemeanor of the second degree for a first
765violation, punishable as provided in s. 775.082 or s. 775.083.
766     (b)  A misdemeanor of the first degree for a second
767violation, punishable as provided in s. 775.082 or s. 775.083.
768     (c)  A felony of the third degree for a third or subsequent
769violation, punishable as provided in s. 775.082, s. 775.083, or
770s. 775.084.
771     468.842  Disciplinary proceedings.--
772     (1)  The following acts constitute grounds for which the
773disciplinary actions in subsection (2) may be taken:
774     (a)  Violation of any provision of this part or s.
775455.227(1);
776     (b)  Attempting to procure a license to practice mold
777assessment or mold remediation by bribery or fraudulent
778misrepresentations;
779     (c)  Having a license to practice mold assessment or mold
780remediation revoked, suspended, or otherwise acted against,
781including the denial of licensure, by the licensing authority of
782another state, territory, or country;
783     (d)  Being convicted or found guilty of, or entering a plea
784of nolo contendere to, regardless of adjudication, a crime in
785any jurisdiction that directly relates to the practice of mold
786assessment or mold remediation or the ability to practice mold
787assessment or mold remediation;
788     (e)  Making or filing a report or record that the licensee
789knows to be false, willfully failing to file a report or record
790required by state or federal law, willfully impeding or
791obstructing such filing, or inducing another person to impede or
792obstruct such filing. Such reports or records shall include only
793those that are signed in the capacity of a registered mold
794assessor or mold remediator;
795     (f)  Advertising goods or services in a manner that is
796fraudulent, false, deceptive, or misleading in form or content;
797     (g)  Engaging in fraud or deceit, or of negligence,
798incompetency, or misconduct, in the practice of mold assessment
799or mold remediation;
800     (h)  Failing to perform any statutory or legal obligation
801placed upon a licensed mold assessor or mold remediator;
802violating any provision of this chapter, a rule of the
803department, or a lawful order of the department previously
804entered in a disciplinary hearing; or failing to comply with a
805lawfully issued subpoena of the department; or
806     (i)  Practicing on a revoked, suspended, inactive, or
807delinquent license.
808     (2)  When the department finds any mold assessor or mold
809remediator guilty of any of the grounds set forth in subsection
810(1), it may enter an order imposing one or more of the following
811penalties:
812     (a)  Denial of an application for licensure.
813     (b)  Revocation or suspension of a license.
814     (c)  Imposition of an administrative fine not to exceed
815$5,000 for each count or separate offense.
816     (d)  Issuance of a reprimand.
817     (e)  Placement of the mold assessor or mold remediator on
818probation for a period of time and subject to such conditions as
819the department may specify.
820     (f)  Restriction of the authorized scope of practice by the
821mold assessor or mold remediator.
822     (3)  In addition to any other sanction imposed under this
823part, in any final order that imposes sanctions, the department
824may assess costs related to the investigation and prosecution of
825the case.
826     468.8421  Insurance.--
827     (1)  A mold assessor shall maintain general liability and
828errors and omissions insurance coverage in an amount of not less
829than $1,000,000.
830     (2)  A mold remediator shall maintain general liability
831insurance policy in an amount of not less than $1,000,000 that
832includes specific coverage for mold related claims.
833     468.8422  Contracts.--A contract to perform mold assessment
834or mold remediation shall be in a document or electronic record,
835signed or otherwise authenticated by the parties. A mold
836assessment contract is not required to provide estimates related
837to the cost of repair of an assessed property. A mold assessment
838contract is not required to provide estimates.
839     468.8423  Grandfather clause.--A person who performs mold
840assessment or mold remediation as defined in this part may
841qualify to be licensed by the department as a mold assessor or
842mold remediator if the person meets the licensure requirements
843of this part by July 1, 2008.
844     Section 3.  For fiscal year 2007-2008, two full-time
845equivalent positions and 65,044 in associated salary rate are
846authorized, and the sums of $100,371 in recurring funds and
847$8,959 in nonrecurring funds from the Professional Regulation
848Trust Fund of the Department of Business and Professional
849Regulation are hereby appropriated for the purpose of carrying
850out professional board activities related to this act. In
851addition, for fiscal year 2007-2008, one full-time equivalent
852position and 25,479 in associated salary rate are authorized,
853and the sums of $57,105 in recurring funds and $29,726 in
854nonrecurring funds from the Administrative Trust Fund of the
855Department of Business and Professional Regulation are hereby
856appropriated for the purpose of carrying out the central
857administrative functions provided in this act.
858     Section 4.  This act shall take effect October 1, 2007.


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