| 1 | A bill to be entitled |
| 2 | An act relating to regulation of building inspection |
| 3 | professionals; creating pt. XV of ch. 468, F.S., relating |
| 4 | to regulation of home inspectors; providing a purpose; |
| 5 | providing exemptions; providing definitions; authorizing |
| 6 | the Department of Business and Professional Regulation to |
| 7 | establish fees; limiting fee amounts; providing for a home |
| 8 | inspector licensure examination; providing qualifications |
| 9 | to take the licensure examination; providing requirements |
| 10 | for the department to certify and license home inspectors; |
| 11 | providing for licensure by endorsement; requiring |
| 12 | continuing education for license renewal; providing |
| 13 | criteria for continuing education; providing for |
| 14 | inactivation of licenses; requiring the department to |
| 15 | establish fees for the reactivation and renewal of |
| 16 | inactive licenses; providing for certification of |
| 17 | partnerships and corporations offering home inspection |
| 18 | services; requiring a certificate of authorization for |
| 19 | certain persons and entities practicing home inspection |
| 20 | services; providing for prohibitions and penalties; |
| 21 | providing grounds for disciplinary proceedings; |
| 22 | authorizing the department to impose specified penalties; |
| 23 | requiring home inspectors to provide a specified |
| 24 | disclosure to consumers; requiring home inspectors to |
| 25 | maintain a specified insurance policy; requiring home |
| 26 | inspectors to provide a written report to homeowners upon |
| 27 | completion of each home inspection; providing content |
| 28 | requirements for home inspection reports; authorizing |
| 29 | certain persons to qualify for home inspection licensure |
| 30 | notwithstanding the requirements of this part; creating |
| 31 | pt. XVI of ch. 468, F.S., relating to regulation of mold |
| 32 | remediators and mold assessors; providing a purpose; |
| 33 | providing exemptions; providing definitions; authorizing |
| 34 | the department to establish fees; limiting fee amounts; |
| 35 | providing for a mold assessor and mold remediator |
| 36 | licensure examination; providing qualifications to take |
| 37 | the licensure examinations; providing requirements for the |
| 38 | department to certify and license home inspectors; |
| 39 | providing for licensure by endorsement; requiring |
| 40 | continuing education for license renewal; providing |
| 41 | criteria for continuing education; providing for |
| 42 | inactivation of licenses; requiring the department to |
| 43 | establish fees for the reactivation and renewal of |
| 44 | inactive licenses; providing for certification of |
| 45 | partnerships and corporations offering mold assessment or |
| 46 | mold remediation services; requiring a certificate of |
| 47 | authorization for certain persons and entities practicing |
| 48 | home inspection services; providing for prohibitions and |
| 49 | penalties; providing grounds for disciplinary proceedings; |
| 50 | authorizing the department to impose specified penalties; |
| 51 | requiring mold assessors and mold remediators to maintain |
| 52 | specified insurance policies; providing requirements for |
| 53 | contracts to perform mold assessment or mold remediation; |
| 54 | authorizing certain persons to qualify for mold assessment |
| 55 | and mold remediation licensure notwithstanding the |
| 56 | requirements of this part; providing appropriations; |
| 57 | providing an effective date. |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
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| 61 | Section 1. Part XV of chapter 468, Florida Statutes, |
| 62 | consisting of sections 468.83, 468.831, 468.8311, 468.8312, |
| 63 | 468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318, |
| 64 | 468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324, |
| 65 | is created to read: |
| 66 | 468.83 Purpose.--The Legislature recognizes that there is |
| 67 | a need to require the licensing of home inspectors and to ensure |
| 68 | that consumers of home inspection services can rely on the |
| 69 | competence of home inspectors, as determined by educational and |
| 70 | experience requirements and testing. Therefore, the Legislature |
| 71 | deems it necessary in the interest of the public welfare to |
| 72 | regulate home inspectors in this state. |
| 73 | 468.831 Exemptions.--A person is not required to comply |
| 74 | with this part when acting within his or her authorized scope of |
| 75 | practice, except when such person holds himself or herself out |
| 76 | for hire to the public as a "certified home inspector," |
| 77 | "registered home inspector," "licensed home inspector," "home |
| 78 | inspector," "professional home inspector," or any combination |
| 79 | thereof stating or implying licensure under this part if he or |
| 80 | she 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 |
| 85 | building code inspector licensed under part XII of chapter 468. |
| 86 | (5) A certified real estate appraiser, licensed real |
| 87 | estate appraiser, or registered real estate appraiser licensed |
| 88 | under part II of chapter 475. |
| 89 | (6) A home inspector whose report is being provided to, |
| 90 | and is solely for the benefit of, the Federal Housing |
| 91 | Administration or the Veterans Administration. |
| 92 | (7) A home inspector conducting inspections for wood- |
| 93 | destroying organisms on behalf of a licensee under chapter 482. |
| 94 | (8) A home inspector conducting inspections for quality |
| 95 | control and on behalf of a general contractor licensed under |
| 96 | chapter 489. |
| 97 | (9) A firesafety inspector certified under s. 633.081. |
| 98 | (10) An insurance adjuster licensed under part VI of |
| 99 | chapter 626. |
| 100 | (11) An officer appointed by the court. |
| 101 | (12) A person performing safety inspections of utility |
| 102 | equipment in or on a home or building or other duties conducted |
| 103 | by or for a utility under chapter 366 or rules adopted by the |
| 104 | Public Service Commission. |
| 105 | (13) A certified energy auditor performing an energy audit |
| 106 | of any home or building or other duties conducted by or for a |
| 107 | utility under chapter 366 or rules adopted by the Public Service |
| 108 | Commission. |
| 109 | 468.8311 Definitions.--As used in this part, the term: |
| 110 | (1) "Department" means the Department of Business and |
| 111 | Professional Regulation. |
| 112 | (2) "Home" means any residential real property, or |
| 113 | manufactured or modular home, which is a single-family dwelling, |
| 114 | duplex, triplex, quadruplex, condominium unit, or cooperative |
| 115 | unit. The term does not include the common areas of condominiums |
| 116 | or cooperatives. |
| 117 | (3) "Home inspector" means any person who provides or |
| 118 | offers to provide home inspection services for a fee or other |
| 119 | compensation. |
| 120 | (4) "Home inspection services" means a limited visual |
| 121 | examination of one or more of the following readily accessible |
| 122 | installed systems and components of a home: the structure, |
| 123 | electrical system, HVAC system, roof covering, plumbing system, |
| 124 | interior components, exterior components, and site conditions |
| 125 | that affect the structure, for the purposes of providing a |
| 126 | written professional opinion of the condition of the home. |
| 127 | 468.8312 Fees.-- |
| 128 | (1) The department, by rule, may establish fees to be paid |
| 129 | for applications, examination, reexamination, licensing and |
| 130 | renewal, inactive status application and reactivation of |
| 131 | inactive licenses, recordkeeping, and applications for providers |
| 132 | of continuing education. The department may also establish by |
| 133 | rule a delinquency fee. Fees shall be based on department |
| 134 | estimates of the revenue required to implement the provisions of |
| 135 | this part. All fees shall be remitted with the appropriate |
| 136 | application, examination, or license. |
| 137 | (2) The initial application and examination fee shall not |
| 138 | exceed $125 plus the actual per applicant cost to the department |
| 139 | to purchase an examination, if the department chooses to |
| 140 | purchase the examination. The examination fee shall be in an |
| 141 | amount that covers the cost of obtaining and administering the |
| 142 | examination and shall be refunded if the applicant is found |
| 143 | ineligible to sit for the examination. The application fee shall |
| 144 | be nonrefundable. |
| 145 | (3) The initial license fee shall not exceed $200. |
| 146 | (4) The fee for a certificate of authorization shall not |
| 147 | exceed $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 |
| 152 | reactivation of an inactive license shall not exceed $200. |
| 153 | (8) The fee for applications from providers of continuing |
| 154 | education may not exceed $500. |
| 155 | 468.8313 Examinations.-- |
| 156 | (1) A person desiring to be licensed as a home inspector |
| 157 | shall apply to the department to take a licensure examination. |
| 158 | (2) An applicant shall be entitled to take the licensure |
| 159 | examination for the purpose of determining whether he or she is |
| 160 | qualified to practice in this state as a home inspector if the |
| 161 | applicant is of good moral character and has satisfied the |
| 162 | following 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 |
| 165 | hours that covers all of the following components of a home: |
| 166 | structure, electrical system, HVAC system, roof covering, |
| 167 | plumbing system, interior components, exterior components, and |
| 168 | site conditions that affect the structure. |
| 169 | (3) The department shall review and approve courses of |
| 170 | study in home inspection. |
| 171 | (4) The department may review and approve examinations by |
| 172 | a nationally recognized entity that offers programs or sets |
| 173 | standards that ensure competence as a home inspector. |
| 174 | (5)(a) "Good moral character" means a personal history of |
| 175 | honesty, fairness, and respect for the rights of others and for |
| 176 | the laws of this state and nation. |
| 177 | (b) The department may refuse to certify an applicant for |
| 178 | failure to satisfy this requirement only if: |
| 179 | 1. There is a substantial connection between the lack of |
| 180 | good moral character of the applicant and the professional |
| 181 | responsibilities of a licensed home inspector; and |
| 182 | 2. The finding by the department of lack of good moral |
| 183 | character is supported by clear and convincing evidence. |
| 184 | (c) When an applicant is found to be unqualified for a |
| 185 | license because of lack of good moral character, the department |
| 186 | shall furnish the applicant a statement containing the findings |
| 187 | of the department, a complete record of the evidence upon which |
| 188 | the determination was based, and a notice of the rights of the |
| 189 | applicant to a rehearing and appeal. |
| 190 | (6) The department may adopt rules pursuant to ss. |
| 191 | 120.536(1) and 120.54 to implement the provisions of this |
| 192 | section. |
| 193 | 468.8314 Licensure.-- |
| 194 | (1) The department shall license any applicant who the |
| 195 | department certifies is qualified to practice home inspection |
| 196 | services. |
| 197 | (2) The department shall certify for licensure any |
| 198 | applicant who satisfies the requirements of s. 468.8313 and who |
| 199 | has passed the licensing examination. The department may refuse |
| 200 | to certify any applicant who has violated any of the provisions |
| 201 | of s. 468.832. |
| 202 | (3) The department shall certify as qualified for a |
| 203 | license by endorsement an applicant who is of good moral |
| 204 | character as determined in s. 468.8313; holds a valid license to |
| 205 | practice home inspection services in another state or territory |
| 206 | of the United States, whose educational requirements are |
| 207 | substantially equivalent to those required by this part; and has |
| 208 | passed a national, regional, state, or territorial licensing |
| 209 | examination that is substantially equivalent to the examination |
| 210 | required by this part. |
| 211 | (4) The department shall not issue a license by |
| 212 | endorsement to any applicant who is under investigation in |
| 213 | another state for any act that would constitute a violation of |
| 214 | this part or chapter 455 until such time as the investigation is |
| 215 | complete and disciplinary proceedings have been terminated. |
| 216 | 468.8315 Renewal of license.-- |
| 217 | (1) The department shall renew a license upon receipt of |
| 218 | the renewal application and upon certification by the department |
| 219 | that the licensee has satisfactorily completed the continuing |
| 220 | education requirements of s. 468.8316. |
| 221 | (2) The department shall adopt rules establishing a |
| 222 | procedure for the biennial renewal of licenses. |
| 223 | 468.8316 Continuing education.-- |
| 224 | (1) The department may not renew a license until the |
| 225 | licensee submits proof satisfactory to the department that |
| 226 | during the 2 years prior to his or her application for renewal |
| 227 | the licensee has completed at least 14 hours of continuing |
| 228 | education. Criteria and course content shall be approved by the |
| 229 | department by rule. |
| 230 | (2) The department may prescribe by rule additional |
| 231 | continuing professional education hours, not to exceed 25 |
| 232 | percent of the total hours required, for failure to complete the |
| 233 | hours required for renewal by the end of the reestablishment |
| 234 | period. |
| 235 | 468.8317 Inactive license.-- |
| 236 | (1) A licensee may request that his or her license be |
| 237 | placed in an inactive status by making application to the |
| 238 | department. |
| 239 | (2) A license that has become inactive may be reactivated |
| 240 | upon application to the department. The department may prescribe |
| 241 | by rule continuing education requirements as a condition of |
| 242 | reactivating a license. The continuing education requirements |
| 243 | for reactivating a license may not exceed 14 hours for each year |
| 244 | the license was inactive. |
| 245 | (3) The department shall adopt rules relating to licenses |
| 246 | which have become inactive and for the renewal of inactive |
| 247 | licenses. The department shall prescribe by rule a fee not to |
| 248 | exceed $200 for the reactivation of an inactive license and a |
| 249 | fee 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 |
| 252 | authorization to a corporation or partnership offering home |
| 253 | inspection services to the public if the corporation or |
| 254 | partnership satisfies all of the requirements of this part. |
| 255 | (2) The practice of or the offer to practice home |
| 256 | inspection services by licensees through a corporation or |
| 257 | partnership offering home inspection services to the public, or |
| 258 | by a corporation or partnership offering such services to the |
| 259 | public through licensees under this part as agents, employees, |
| 260 | officers, or partners, is permitted subject to the provisions of |
| 261 | this part, provided that all personnel of the corporation or |
| 262 | partnership who act in its behalf as home inspectors in this |
| 263 | state are licensed as provided by this part; and further |
| 264 | provided that the corporation or partnership has been issued a |
| 265 | certificate of authorization by the department as provided in |
| 266 | this section. Nothing in this section shall be construed to |
| 267 | allow a corporation to hold a license to practice home |
| 268 | inspection services. No corporation or partnership shall be |
| 269 | relieved of responsibility for the conduct or acts of its |
| 270 | agents, employees, or officers by reason of its compliance with |
| 271 | this section, nor shall any individual practicing home |
| 272 | inspection services be relieved of responsibility for |
| 273 | professional services performed by reason of his or her |
| 274 | employment or relationship with a corporation or partnership. |
| 275 | (3) For the purposes of this section, a certificate of |
| 276 | authorization shall be required for a corporation, partnership, |
| 277 | association, or person practicing under a fictitious name and |
| 278 | offering home inspection services to the public; however, when |
| 279 | an individual is practicing home inspection services in his or |
| 280 | her own given name, he or she shall not be required to register |
| 281 | under this section. |
| 282 | (4) Each certificate of authorization shall be renewed |
| 283 | every 2 years. Each partnership and corporation certified under |
| 284 | this section shall notify the department within 1 month of any |
| 285 | change in the information contained in the application upon |
| 286 | which the certification is based. |
| 287 | (5) Disciplinary action against a corporation or |
| 288 | partnership shall be administered in the same manner and on the |
| 289 | same grounds as disciplinary action against a licensed home |
| 290 | inspector. |
| 291 | 468.8319 Prohibitions; penalties.-- |
| 292 | (1) A home inspector, a company that employs a home |
| 293 | inspector, or a company that is controlled by a company that |
| 294 | also has a financial interest in a company employing a home |
| 295 | inspector may not: |
| 296 | (a) Practice or offer to practice home inspection services |
| 297 | unless 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 |
| 300 | inspector," "professional home inspector," or any combination |
| 301 | thereof unless the person has complied with the provisions of |
| 302 | this part; |
| 303 | (c) Present as his or her own the license of another; |
| 304 | (d) Knowingly give false or forged evidence to the |
| 305 | department or an employee thereof; |
| 306 | (e) Use or attempt to use a license that has been |
| 307 | suspended or revoked; |
| 308 | (f) Perform or offer to perform, prior to closing, for any |
| 309 | additional fee, any repairs to a home on which the inspector or |
| 310 | the inspector's company has prepared a home inspection report. |
| 311 | This paragraph does not apply to a home warranty company that is |
| 312 | affiliated with or retains a home inspector to perform repairs |
| 313 | pursuant to a claim made under a home warranty contract; |
| 314 | (g) Inspect for a fee any property in which the inspector |
| 315 | or the inspector's company has any financial or transfer |
| 316 | interest; |
| 317 | (h) Offer or deliver any compensation, inducement, or |
| 318 | reward to any broker or agent therefor for the referral of the |
| 319 | owner of the inspected property to the inspector or the |
| 320 | inspection company; or |
| 321 | (i) Accept an engagement to make an omission or prepare a |
| 322 | report in which the inspection itself, or the fee payable for |
| 323 | the inspection, is contingent upon either the conclusions in the |
| 324 | report, preestablished findings, or the close of escrow. |
| 325 | (2) Any person who is found to be in violation of any |
| 326 | provision of this section commits a misdemeanor of the first |
| 327 | degree, 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 |
| 330 | disciplinary actions in subsection (2) may be taken: |
| 331 | (a) Violation of any provision of this part or s. |
| 332 | 455.227(1); |
| 333 | (b) Attempting to procure a license to practice home |
| 334 | inspection services by bribery or fraudulent misrepresentation; |
| 335 | (c) Having a license to practice home inspection services |
| 336 | revoked, suspended, or otherwise acted against, including the |
| 337 | denial of licensure, by the licensing authority of another |
| 338 | state, territory, or country; |
| 339 | (d) Being convicted or found guilty of, or entering a plea |
| 340 | of nolo contendere to, regardless of adjudication, a crime in |
| 341 | any jurisdiction that directly relates to the practice of home |
| 342 | inspection services or the ability to practice home inspection |
| 343 | services; |
| 344 | (e) Making or filing a report or record that the licensee |
| 345 | knows to be false, willfully failing to file a report or record |
| 346 | required by state or federal law, willfully impeding or |
| 347 | obstructing such filing, or inducing another person to impede or |
| 348 | obstruct such filing. Such reports or records shall include only |
| 349 | those that are signed in the capacity of a licensed home |
| 350 | inspector; |
| 351 | (f) Advertising goods or services in a manner that is |
| 352 | fraudulent, false, deceptive, or misleading in form or content; |
| 353 | (g) Engaging in fraud or deceit, or of negligence, |
| 354 | incompetency, or misconduct, in the practice of home inspection |
| 355 | services; |
| 356 | (h) Failing to perform any statutory or legal obligation |
| 357 | placed upon a licensed home inspector; violating any provision |
| 358 | of this chapter, a rule of the department, or a lawful order of |
| 359 | the department previously entered in a disciplinary hearing; or |
| 360 | failing to comply with a lawfully issued subpoena of the |
| 361 | department; or |
| 362 | (i) Practicing on a revoked, suspended, inactive, or |
| 363 | delinquent license. |
| 364 | (2) When the department finds any home inspector guilty of |
| 365 | any of the grounds set forth in subsection (1), it may enter an |
| 366 | order 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 |
| 373 | period of time and subject to such conditions as the department |
| 374 | may specify. |
| 375 | (f) Restriction of the authorized scope of practice by the |
| 376 | home inspector. |
| 377 | (3) In addition to any other sanction imposed under this |
| 378 | part, in any final order that imposes sanctions, the department |
| 379 | may assess costs related to the investigation and prosecution of |
| 380 | the case. |
| 381 | 468.8321 Disclosures.--Prior to contracting for or |
| 382 | commencing a home inspection, a home inspector shall provide to |
| 383 | the consumer a copy of his or her license to practice home |
| 384 | inspection services in this state and a written disclosure that |
| 385 | contains the scope and any exclusions of the home inspection. |
| 386 | 468.8322 Insurance.--A home inspector shall maintain a |
| 387 | commercial general liability insurance policy in an amount of |
| 388 | not less than $300,000. |
| 389 | 468.8323 Home inspection report.--Upon completion of each |
| 390 | home inspection for compensation, the home inspector shall |
| 391 | provide 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 |
| 394 | professional opinion of the inspector, are significantly |
| 395 | deficient or are near the end of their service lives. |
| 396 | (b) If self-evident, a reason why the system or component |
| 397 | reported under paragraph (a) is significantly deficient or near |
| 398 | the end of its service life. |
| 399 | (c) Any systems and components that were present at the |
| 400 | time of the inspection but were not inspected, and a reason they |
| 401 | were not inspected. |
| 402 | (2) A home inspector is not required to provide estimates |
| 403 | related to the cost of repair of an inspected property. |
| 404 | 468.8324 Grandfather clause.--Until January 1, 2009, |
| 405 | notwithstanding any other provision of this part, a person may |
| 406 | qualify to be licensed by the department as a home inspector if |
| 407 | he or she: |
| 408 | (1) Has received a high school diploma or its equivalent; |
| 409 | (2) Has been engaged in the practice of home inspection |
| 410 | for compensation for at least 3 years prior to the effective |
| 411 | date of this part; |
| 412 | (3) Is of good moral character as defined in s. 468.8313; |
| 413 | and |
| 414 | (4) Has not committed any acts which would be grounds for |
| 415 | disciplinary actions had the person been licensed under this |
| 416 | part. |
| 417 | Section 2. Part XVI of chapter 468, Florida Statutes, |
| 418 | consisting of sections 468.84, 468.841, 468.8411, 468.8412, |
| 419 | 468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418, |
| 420 | 468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is created |
| 421 | to read: |
| 422 | 468.84 Legislative purpose.--The Legislature finds it |
| 423 | necessary in the interest of the public safety and welfare, to |
| 424 | prevent damage to the real and personal property, to avert |
| 425 | economic injury to the residents of this state, and to regulate |
| 426 | persons and companies that hold themselves out to the public as |
| 427 | qualified to perform mold-related services. |
| 428 | 468.841 Exemptions.-- |
| 429 | (1) The following persons are not required to comply with |
| 430 | any provisions of this part relating to mold assessment: |
| 431 | (a) A residential property owner who performs mold |
| 432 | assessment on his or her own property. |
| 433 | (b) A person who performs mold assessment on property |
| 434 | owned or leased by the person, the person's employer, or an |
| 435 | entity affiliated with the person's employer through common |
| 436 | ownership, or on property operated or managed by the person's |
| 437 | employer or an entity affiliated with the person's employer |
| 438 | through common ownership. This exemption does not apply if the |
| 439 | person, employer, or affiliated entity engages in the business |
| 440 | of performing mold assessment for the public. |
| 441 | (c) An employee of a mold assessor while directly |
| 442 | supervised by the mold assessor. |
| 443 | (d) Persons or business organizations acting within the |
| 444 | scope of the respective licenses required under chapter 471, |
| 445 | part I of chapter 481, chapter 482, or chapter 489, are acting |
| 446 | on behalf of an insurer under part VI of chapter 626, or are |
| 447 | persons in the manufactured housing industry who are licensed |
| 448 | under chapter 320, except when any such persons or business |
| 449 | organizations hold themselves out for hire to the public as a |
| 450 | "certified mold assessor," "registered mold assessor," "licensed |
| 451 | mold assessor," "mold assessor," "professional mold assessor," |
| 452 | or any combination thereof stating or implying licensure under |
| 453 | this part. |
| 454 | (e) An authorized employee of the United States, this |
| 455 | state, or any municipality, county, or other political |
| 456 | subdivision, or public or private school and who is conducting |
| 457 | mold assessment within the scope of that employment, as long as |
| 458 | the employee does not hold out for hire to the general public or |
| 459 | otherwise engage in mold assessment. |
| 460 | (2) The following persons are not required to comply with |
| 461 | any provisions of this part relating to mold remediation: |
| 462 | (a) A residential property owner who performs mold |
| 463 | remediation on his or her own property. |
| 464 | (b) A person who performs mold remediation on property |
| 465 | owned or leased by the person, the person's employer, or an |
| 466 | entity affiliated with the person's employer through common |
| 467 | ownership, or on property operated or managed by the person's |
| 468 | employer or an entity affiliated with the person's employer |
| 469 | through common ownership. This exemption does not apply if the |
| 470 | person, employer, or affiliated entity engages in the business |
| 471 | of performing mold remediation for the public. |
| 472 | (c) An employee of a mold remediator while directly |
| 473 | supervised by the mold remediator. |
| 474 | (d) Persons or business organizations that are acting |
| 475 | within the scope of the respective licenses required under |
| 476 | chapter 471, part I of chapter 481, chapter 482, or chapter 489, |
| 477 | are acting on behalf of an insurer under part VI of chapter 626, |
| 478 | or are persons in the manufactured housing industry who are |
| 479 | licensed under chapter 320, except when any such persons or |
| 480 | business organizations hold themselves out for hire to the |
| 481 | public as a "certified mold remediator," "registered mold |
| 482 | remediator," "licensed mold remediator," "mold remediator," |
| 483 | "professional mold remediator," or any combination thereof |
| 484 | stating or implying licensure under this part. |
| 485 | (e) An authorized employee of the United States, this |
| 486 | state, or any municipality, county, or other political |
| 487 | subdivision, or public or private school and who is conducting |
| 488 | mold remediation within the scope of that employment, as long as |
| 489 | the employee does not hold out for hire to the general public or |
| 490 | otherwise engage in mold remediation. |
| 491 | 468.8411 Definitions.--As used in this part, the term: |
| 492 | (1) "Department" means the Department of Business and |
| 493 | Professional Regulation. |
| 494 | (2) "Mold" means an organism of the class fungi that |
| 495 | causes disintegration of organic matter and produces spores, and |
| 496 | includes any spores, hyphae, and mycotoxins produced by mold. |
| 497 | (3) "Mold assessment" means a process performed by a mold |
| 498 | assessor that includes the physical sampling and detailed |
| 499 | evaluation of data obtained from a building history and |
| 500 | inspection to formulate an initial hypothesis about the origin, |
| 501 | identity, location, and extent of amplification of mold growth |
| 502 | of greater than 10 square feet. |
| 503 | (4) "Mold assessor" means any person who performs or |
| 504 | directly supervises a mold assessment. |
| 505 | (5) "Mold remediation" means the removal, cleaning, |
| 506 | sanitizing, demolition, or other treatment, including preventive |
| 507 | activities, of mold or mold-contaminated matter of greater than |
| 508 | 10 square feet that was not purposely grown at that location; |
| 509 | however, such removal, cleaning, sanitizing, demolition, or |
| 510 | other treatment, including preventive activities, may not be |
| 511 | work that requires a license under chapter 489 unless performed |
| 512 | by a person who is licensed under that chapter or the work |
| 513 | complies with that chapter. |
| 514 | (6) "Mold remediator" means any person who performs mold |
| 515 | remediation. A mold remediator may not perform any work that |
| 516 | requires a license under chapter 489 unless the mold remediator |
| 517 | is also licensed under that chapter or complies with that |
| 518 | chapter. |
| 519 | 468.8412 Fees.-- |
| 520 | (1) The department, by rule, may establish fees to be paid |
| 521 | for application, examination, reexamination, licensing and |
| 522 | renewal, inactive status application and reactivation of |
| 523 | inactive licenses, and application for providers of continuing |
| 524 | education. The department may also establish by rule a |
| 525 | delinquency fee. Fees shall be based on department estimates of |
| 526 | the revenue required to implement the provisions of this part. |
| 527 | All fees shall be remitted with the application, examination, |
| 528 | reexamination, licensing and renewal, inactive status |
| 529 | application and reactivation of inactive licenses, and |
| 530 | application for providers of continuing education. |
| 531 | (2) The application fee shall not exceed $125 and is |
| 532 | nonrefundable. The examination fee shall not exceed $125 plus |
| 533 | the actual per applicant cost to the department to purchase the |
| 534 | examination, if the department chooses to purchase the |
| 535 | examination. The examination fee shall be in an amount that |
| 536 | covers the cost of obtaining and administering the examination |
| 537 | and shall be refunded if the applicant is found ineligible to |
| 538 | sit 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 |
| 541 | shall not exceed $200. |
| 542 | (5) The fee for a biennial license renewal shall not |
| 543 | exceed $400. |
| 544 | (6) The fee for a biennial certificate of authorization |
| 545 | renewal 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 |
| 549 | exceed $100. |
| 550 | (9) The fee for reactivation of an inactive license shall |
| 551 | not exceed $200. |
| 552 | (10) The fee for applications from providers of continuing |
| 553 | education may not exceed $500. |
| 554 | 468.8413 Examinations.-- |
| 555 | (1) A person desiring to be licensed as a mold assessor or |
| 556 | mold remediator shall apply to the department to take a |
| 557 | licensure examination. |
| 558 | (2) An applicant shall be entitled to take the licensure |
| 559 | examination to practice in this state as a mold assessor or mold |
| 560 | remediator if the applicant is of good moral character and has |
| 561 | satisfied one of the following requirements: |
| 562 | (a)1. For a mold remediator, at least a 2-year degree in |
| 563 | microbiology, engineering, architecture, industrial hygiene, |
| 564 | occupational safety, or a related field of science from an |
| 565 | accredited institution and a minimum of 1 year of documented |
| 566 | field experience in a field related to mold remediation; or |
| 567 | 2. A high school diploma or the equivalent with a minimum |
| 568 | of 4 years of documented field experience in a field related to |
| 569 | mold remediation. |
| 570 | (b)1. For a mold assessor, at least a 2-year degree in |
| 571 | microbiology, engineering, architecture, industrial hygiene, |
| 572 | occupational safety, or a related field of science from an |
| 573 | accredited institution and a minimum of 1 year of documented |
| 574 | field experience in conducting microbial sampling or |
| 575 | investigations; or |
| 576 | 2. A high school diploma or the equivalent with a minimum |
| 577 | of 4 years of documented field experience in conducting |
| 578 | microbial sampling or investigations. |
| 579 | (3) The department shall review and approve courses of |
| 580 | study in mold assessment and mold remediation. |
| 581 | (4)(a) Good moral character means a personal history of |
| 582 | honesty, fairness, and respect for the rights of others and for |
| 583 | the laws of this state and nation. |
| 584 | (b) The department may refuse to certify an applicant for |
| 585 | failure to satisfy this requirement only if: |
| 586 | 1. There is a substantial connection between the lack of |
| 587 | good moral character of the applicant and the professional |
| 588 | responsibilities of a licensed mold assessor or mold remediator; |
| 589 | and |
| 590 | 2. The finding by the department of lack of good moral |
| 591 | character is supported by clear and convincing evidence. |
| 592 | (c) When an applicant is found to be unqualified for a |
| 593 | license because of a lack of good moral character, the |
| 594 | department shall furnish the applicant a statement containing |
| 595 | the findings of the department, a complete record of the |
| 596 | evidence upon which the determination was based, and a notice of |
| 597 | the rights of the applicant to a rehearing and appeal. |
| 598 | (5) The department may adopt rules pursuant to ss. |
| 599 | 120.536(1) and 120.54 to implement the provisions of this |
| 600 | section. |
| 601 | 468.8414 Licensure.-- |
| 602 | (1) The department shall license any applicant who the |
| 603 | department certifies is qualified to practice mold assessment or |
| 604 | mold remediation. |
| 605 | (2) The department shall certify for licensure any |
| 606 | applicant who satisfies the requirements of s. 468.8413, who has |
| 607 | passed the licensing examination, and who has documented |
| 608 | training in water, mold, and respiratory protection. The |
| 609 | department may refuse to certify any applicant who has violated |
| 610 | any of the provisions of this part. |
| 611 | (3) The department shall certify as qualified for a |
| 612 | license by endorsement an applicant who is of good moral |
| 613 | character and: |
| 614 | (a) Is qualified to take the examination as set forth in |
| 615 | s. 468.8413 and has passed a certification examination offered |
| 616 | by a nationally recognized organization that certifies persons |
| 617 | in the specialty of mold assessment or mold remediation that has |
| 618 | been approved by the department as substantially equivalent to |
| 619 | the requirements of this part and s. 455.217; or |
| 620 | (b) Holds a valid license to practice mold assessment or |
| 621 | mold remediation issued by another state or territory of the |
| 622 | United States if the criteria for issuance of the license were |
| 623 | substantially the same as the licensure criteria that is |
| 624 | established by this part as determined by the department. |
| 625 | (4) The department shall not issue a license by |
| 626 | endorsement to any applicant who is under investigation in |
| 627 | another state for any act that would constitute a violation of |
| 628 | this part or chapter 455 until such time as the investigation is |
| 629 | complete and disciplinary proceedings have been terminated. |
| 630 | 468.8415 Renewal of license.-- |
| 631 | (1) The department shall renew a license upon receipt of |
| 632 | the renewal application and fee and upon certification by the |
| 633 | department that the licensee has satisfactorily completed the |
| 634 | continuing education requirements of s. 468.8416. |
| 635 | (2) The department shall adopt rules establishing a |
| 636 | procedure for the biennial renewal of licenses. |
| 637 | 468.8416 Continuing education.-- |
| 638 | (1) The department may not renew a license until the |
| 639 | licensee submits proof satisfactory to it that during the 2 |
| 640 | years prior to his or her application for renewal the licensee |
| 641 | has completed at least 14 hours of continuing education. |
| 642 | Criteria and course content shall be approved by the department |
| 643 | by rule. |
| 644 | (2) The department may prescribe by rule additional |
| 645 | continuing professional education hours, not to exceed 25 |
| 646 | percent of the total hours required, for failure to complete the |
| 647 | hours 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 |
| 650 | placed in an inactive status by making application to the |
| 651 | department. |
| 652 | (2) A license that has become inactive may be reactivated |
| 653 | upon application to the department. The department may prescribe |
| 654 | by rule continuing education requirements as a condition of |
| 655 | reactivating a license. The continuing education requirements |
| 656 | for reactivating a license may not exceed 14 hours for each year |
| 657 | the license was inactive. |
| 658 | (3) The department shall adopt rules relating to licenses |
| 659 | that have become inactive and for the renewal of inactive |
| 660 | licenses. The department shall prescribe by rule a fee not to |
| 661 | exceed $200 for the reactivation of an inactive license and a |
| 662 | fee 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 |
| 665 | authorization to a corporation or partnership offering mold |
| 666 | assessment or mold remediation services to the public if the |
| 667 | corporation or partnership satisfies all of the requirements of |
| 668 | this part. |
| 669 | (2) The practice of or the offer to practice mold |
| 670 | assessment or mold remediation by licensees through a |
| 671 | corporation or partnership offering mold assessment or mold |
| 672 | remediation to the public, or by a corporation or partnership |
| 673 | offering such services to the public through licensees under |
| 674 | this part as agents, employees, officers, or partners, is |
| 675 | permitted subject to the provisions of this part, provided that |
| 676 | the corporation or partnership has been issued a certificate of |
| 677 | authorization by the department as provided in this section. |
| 678 | Nothing in this section shall be construed to allow a |
| 679 | corporation to hold a license to practice mold assessment or |
| 680 | mold remediation. No corporation or partnership shall be |
| 681 | relieved of responsibility for the conduct or acts of its |
| 682 | agents, employees, or officers by reason of its compliance with |
| 683 | this section, nor shall any individual practicing mold |
| 684 | assessment or mold remediation be relieved of responsibility for |
| 685 | professional services performed by reason of his or her |
| 686 | employment or relationship with a corporation or partnership. |
| 687 | (3) For the purposes of this section, a certificate of |
| 688 | authorization shall be required for a corporation, partnership, |
| 689 | association, or person practicing under a fictitious name, |
| 690 | offering mold assessment or mold remediation; however, when an |
| 691 | individual is practicing mold assessment or mold remediation |
| 692 | under his or her own given name, he or she shall not be required |
| 693 | to register under this section. |
| 694 | (4) Each certificate of authorization shall be renewed |
| 695 | every 2 years. Each partnership and corporation certified under |
| 696 | this section shall notify the department within 1 month of any |
| 697 | change in the information contained in the application upon |
| 698 | which the certification is based. |
| 699 | (5) Disciplinary action against a corporation or |
| 700 | partnership shall be administered in the same manner and on the |
| 701 | same grounds as disciplinary action against a licensed mold |
| 702 | assessor or mold remediator. |
| 703 | 468.8419 Prohibitions; penalties.-- |
| 704 | (1) A mold assessor, a company that employs a mold |
| 705 | assessor, or a company that is controlled by a company that also |
| 706 | has a financial interest in a company employing a mold assessor |
| 707 | may not: |
| 708 | (a) Perform or offer to perform any mold assessment unless |
| 709 | the mold assessor has documented training in water, mold, and |
| 710 | respiratory protection under s. 468.8414(2). |
| 711 | (b) Perform or offer to perform any mold assessment unless |
| 712 | the 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 |
| 715 | assessor," "professional mold assessor," or any combination |
| 716 | thereof unless the person has complied with the provisions this |
| 717 | part; |
| 718 | (d) Perform or offer to perform any mold remediation to a |
| 719 | structure on which the mold assessor or the mold assessor's |
| 720 | company provided a mold assessment within the last 12 months. |
| 721 | (e) Inspect for a fee any property in which the assessor |
| 722 | or the assessor's company has any financial or transfer |
| 723 | interest. |
| 724 | (f) Accept any compensation, inducement, or reward from a |
| 725 | mold remediator or mold remediator's company for the referral of |
| 726 | any business to the mold remediator or the mold remediator's |
| 727 | company. |
| 728 | (g) Offer any compensation, inducement, or reward to a |
| 729 | mold remediator or mold remediator's company for the referral of |
| 730 | any business from the mold remediator or the mold remediator's |
| 731 | company. |
| 732 | (h) Accept an engagement to make an omission of the |
| 733 | assessment or conduct an assessment in which the assessment |
| 734 | itself, or the fee payable for the assessment, is contingent |
| 735 | upon the conclusions of the assessment. |
| 736 | (2) A mold remediator, a company that employs a mold |
| 737 | remediator, or a company that is controlled by a company that |
| 738 | also has a financial interest in a company employing a mold |
| 739 | remediator may not: |
| 740 | (a) Perform or offer to perform any mold remediation |
| 741 | unless the remediator has documented training in water, mold, |
| 742 | and respiratory protection under s. 468.8414(2). |
| 743 | (b) Perform or offer to perform any mold remediation |
| 744 | unless 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 |
| 747 | remediator," "professional mold remediator," or any combination |
| 748 | thereof unless the person has complied with the provisions of |
| 749 | this part; |
| 750 | (d) Perform or offer to perform any mold assessment to a |
| 751 | structure on which the mold remediator or the mold remediator's |
| 752 | company provided a mold remediation within the last 12 months. |
| 753 | (e) Remediate for a fee any property in which the mold |
| 754 | remediator or the mold remediator's company has any financial or |
| 755 | transfer interest. |
| 756 | (f) Accept any compensation, inducement, or reward from a |
| 757 | mold assessor or mold assessor's company for the referral of any |
| 758 | business from the mold assessor or the mold assessor's company. |
| 759 | (g) Offer any compensation, inducement, or reward to a |
| 760 | mold assessor or mold assessor's company for the referral of any |
| 761 | business from the mold assessor or the mold assessor's company. |
| 762 | (3) Any person who violates any provision of this section |
| 763 | commits: |
| 764 | (a) A misdemeanor of the second degree for a first |
| 765 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 766 | (b) A misdemeanor of the first degree for a second |
| 767 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 768 | (c) A felony of the third degree for a third or subsequent |
| 769 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 770 | s. 775.084. |
| 771 | 468.842 Disciplinary proceedings.-- |
| 772 | (1) The following acts constitute grounds for which the |
| 773 | disciplinary actions in subsection (2) may be taken: |
| 774 | (a) Violation of any provision of this part or s. |
| 775 | 455.227(1); |
| 776 | (b) Attempting to procure a license to practice mold |
| 777 | assessment or mold remediation by bribery or fraudulent |
| 778 | misrepresentations; |
| 779 | (c) Having a license to practice mold assessment or mold |
| 780 | remediation revoked, suspended, or otherwise acted against, |
| 781 | including the denial of licensure, by the licensing authority of |
| 782 | another state, territory, or country; |
| 783 | (d) Being convicted or found guilty of, or entering a plea |
| 784 | of nolo contendere to, regardless of adjudication, a crime in |
| 785 | any jurisdiction that directly relates to the practice of mold |
| 786 | assessment or mold remediation or the ability to practice mold |
| 787 | assessment or mold remediation; |
| 788 | (e) Making or filing a report or record that the licensee |
| 789 | knows to be false, willfully failing to file a report or record |
| 790 | required by state or federal law, willfully impeding or |
| 791 | obstructing such filing, or inducing another person to impede or |
| 792 | obstruct such filing. Such reports or records shall include only |
| 793 | those that are signed in the capacity of a registered mold |
| 794 | assessor or mold remediator; |
| 795 | (f) Advertising goods or services in a manner that is |
| 796 | fraudulent, false, deceptive, or misleading in form or content; |
| 797 | (g) Engaging in fraud or deceit, or of negligence, |
| 798 | incompetency, or misconduct, in the practice of mold assessment |
| 799 | or mold remediation; |
| 800 | (h) Failing to perform any statutory or legal obligation |
| 801 | placed upon a licensed mold assessor or mold remediator; |
| 802 | violating any provision of this chapter, a rule of the |
| 803 | department, or a lawful order of the department previously |
| 804 | entered in a disciplinary hearing; or failing to comply with a |
| 805 | lawfully issued subpoena of the department; or |
| 806 | (i) Practicing on a revoked, suspended, inactive, or |
| 807 | delinquent license. |
| 808 | (2) When the department finds any mold assessor or mold |
| 809 | remediator guilty of any of the grounds set forth in subsection |
| 810 | (1), it may enter an order imposing one or more of the following |
| 811 | penalties: |
| 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 |
| 818 | probation for a period of time and subject to such conditions as |
| 819 | the department may specify. |
| 820 | (f) Restriction of the authorized scope of practice by the |
| 821 | mold assessor or mold remediator. |
| 822 | (3) In addition to any other sanction imposed under this |
| 823 | part, in any final order that imposes sanctions, the department |
| 824 | may assess costs related to the investigation and prosecution of |
| 825 | the case. |
| 826 | 468.8421 Insurance.-- |
| 827 | (1) A mold assessor shall maintain general liability and |
| 828 | errors and omissions insurance coverage in an amount of not less |
| 829 | than $1,000,000. |
| 830 | (2) A mold remediator shall maintain general liability |
| 831 | insurance policy in an amount of not less than $1,000,000 that |
| 832 | includes specific coverage for mold related claims. |
| 833 | 468.8422 Contracts.--A contract to perform mold assessment |
| 834 | or mold remediation shall be in a document or electronic record, |
| 835 | signed or otherwise authenticated by the parties. A mold |
| 836 | assessment contract is not required to provide estimates related |
| 837 | to the cost of repair of an assessed property. A mold assessment |
| 838 | contract is not required to provide estimates. |
| 839 | 468.8423 Grandfather clause.--A person who performs mold |
| 840 | assessment or mold remediation as defined in this part may |
| 841 | qualify to be licensed by the department as a mold assessor or |
| 842 | mold remediator if the person meets the licensure requirements |
| 843 | of this part by July 1, 2008. |
| 844 | Section 3. For fiscal year 2007-2008, two full-time |
| 845 | equivalent positions and 65,044 in associated salary rate are |
| 846 | authorized, and the sums of $100,371 in recurring funds and |
| 847 | $8,959 in nonrecurring funds from the Professional Regulation |
| 848 | Trust Fund of the Department of Business and Professional |
| 849 | Regulation are hereby appropriated for the purpose of carrying |
| 850 | out professional board activities related to this act. In |
| 851 | addition, for fiscal year 2007-2008, one full-time equivalent |
| 852 | position and 25,479 in associated salary rate are authorized, |
| 853 | and the sums of $57,105 in recurring funds and $29,726 in |
| 854 | nonrecurring funds from the Administrative Trust Fund of the |
| 855 | Department of Business and Professional Regulation are hereby |
| 856 | appropriated for the purpose of carrying out the central |
| 857 | administrative functions provided in this act. |
| 858 | Section 4. This act shall take effect October 1, 2007. |