Senate Bill sb2234c2

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    Florida Senate - 2007                    CS for CS for SB 2234

    By the Committees on Criminal Justice; Regulated Industries;
    and Senator Wise




    591-2507-07

  1                      A bill to be entitled

  2         An act relating to regulation of building

  3         inspection professionals; creating pt. XV of

  4         ch. 468, F.S., relating to regulation of home

  5         inspectors; providing a purpose; providing

  6         exemptions; providing definitions; authorizing

  7         the Department of Business and Professional

  8         Regulation to establish fees; limiting fee

  9         amounts; providing for a home inspector

10         licensure examination; providing qualifications

11         to take the licensure examination; providing

12         requirements for the department to certify and

13         license home inspectors; providing for

14         licensure by endorsement; requiring continuing

15         education for license renewal; providing

16         criteria for continuing education; providing

17         for inactivation of licenses; requiring the

18         department to establish fees for the

19         reactivation and renewal of inactive licenses;

20         providing for certification of partnerships and

21         corporations offering home inspection services;

22         requiring a certificate of authorization for

23         certain persons and entities practicing home

24         inspection services; providing for prohibitions

25         and penalties; providing grounds for

26         disciplinary proceedings; authorizing the

27         department to impose specified penalties;

28         requiring home inspectors to provide a

29         specified disclosure to consumers; requiring

30         home inspectors to maintain a specified

31         insurance policy; requiring home inspectors to

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 1         provide a written report to homeowners upon

 2         completion of each home inspection; providing

 3         content requirements for home inspection

 4         reports; authorizing certain persons to qualify

 5         for home inspection licensure notwithstanding

 6         the requirements of this part; creating pt. XVI

 7         of ch. 468, F.S., relating to regulation of

 8         mold remediators and mold assessors; providing

 9         a purpose; providing exemptions; providing

10         definitions; authorizing the department to

11         establish fees; limiting fee amounts; providing

12         for a mold assessor and mold remediator

13         licensure examination; providing qualifications

14         to take the licensure examinations; providing

15         requirements for the department to certify and

16         license home inspectors; providing for

17         licensure by endorsement; requiring continuing

18         education for license renewal; providing

19         criteria for continuing education; providing

20         for inactivation of licenses; requiring the

21         department to establish fees for the

22         reactivation and renewal of inactive licenses;

23         providing for certification of partnerships and

24         corporations offering mold assessment or mold

25         remediation services; requiring a certificate

26         of authorization for certain persons and

27         entities practicing home inspection services;

28         providing for prohibitions and penalties;

29         providing grounds for disciplinary proceedings;

30         authorizing the department to impose specified

31         penalties; requiring mold assessors and mold

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 1         remediators to maintain specified insurance

 2         policies; providing requirements for contracts

 3         to perform mold assessment or mold remediation;

 4         authorizing certain persons to qualify for mold

 5         assessment and mold remediation licensure

 6         notwithstanding the requirements of this part;

 7         authorizing additional positions and providing

 8         appropriations; providing an effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Part XV of chapter 468, Florida Statutes,

13  consisting of sections 468.83, 468.831, 468.8311, 468.8312,

14  468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,

15  468.8319, 468.832, 468.8321, 468.8322, 468.8323, and 468.8324,

16  is created to read:

17         468.83  Purpose.--The Legislature recognizes that there

18  is a need to require the licensing of home inspectors and to

19  ensure that consumers of home inspection services can rely on

20  the competence of home inspectors, as determined by

21  educational and experience requirements and testing.

22  Therefore, the Legislature deems it necessary in the interest

23  of the public welfare to regulate home inspectors in this

24  state.

25         468.831  Exemptions.--The following persons are not

26  required to comply with any provision of this part:

27         (1)  An authorized government employee of the United

28  states, this state, or any municipality, county, or other

29  political subdivision who is conducting home inspection

30  services within the scope of that employment, as long as the

31  

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 1  employee does not hold out for hire to the general public or

 2  otherwise engage in home inspection services.

 3         (2)  A person acting within his or her authorized scope

 4  of practice as licensed under federal, state, or local codes

 5  or statutes, except when such person holds himself or herself

 6  out for hire to the public as a "certified home inspector,"

 7  "registered home inspector," "licensed home inspector," "home

 8  inspector," "professional home inspector," or any combination

 9  thereof stating or implying licensure under this part.

10         (3)  An officer appointed by the court.

11         (4)  A person performing safety inspections of utility

12  equipment in or on a home or building or other duties

13  conducted by or for a utility under chapter 366 or rules

14  adopted by the Public Service Commission.

15         (5)  A certified energy auditor performing an energy

16  audit of any home or building or other duties conducted by or

17  for a utility under chapter 366 or rules adopted by the Public

18  Service Commission.

19         468.8311  Definitions.--As used in this part, the term:

20         (1)  "Department" means the Department of Business and

21  Professional Regulation.

22         (2)  "Home" means any residential real property, or

23  manufactured or modular home, which is a single-family

24  dwelling, duplex, triplex, quadruplex, condominium unit, or

25  cooperative unit. The term does not include the common areas

26  of condominiums or cooperatives.

27         (3)  "Home inspector" means any person who provides or

28  offers to provide home inspection services for a fee or other

29  compensation.

30         (4)  "Home inspection services" means a limited visual

31  examination of one or more of the following readily accessible

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 1  installed systems and components of a home: the structure,

 2  electrical system, HVAC system, roof covering, plumbing

 3  system, interior components, exterior components, and site

 4  conditions that affect the structure, for the purposes of

 5  providing a written professional opinion of the condition of

 6  the home.

 7         468.8312  Fees.--

 8         (1)  The department, by rule, may establish fees to be

 9  paid for applications, examination, reexamination, licensing

10  and renewal, inactive status application and reactivation of

11  inactive licenses, recordkeeping, and applications for

12  providers of continuing education. The department may also

13  establish by rule a delinquency fee. Fees shall be based on

14  department estimates of the revenue required to implement the

15  provisions of this part. All fees shall be remitted with the

16  appropriate application, examination, or license.

17         (2)  The initial application and examination fee shall

18  not exceed $125 plus the actual per applicant cost to the

19  department to purchase an examination, if the department

20  chooses to purchase the examination. The examination fee shall

21  be in an amount that covers the cost of obtaining and

22  administering the examination and shall be refunded if the

23  applicant is found ineligible to sit for the examination. The

24  application fee shall be nonrefundable.

25         (3)  The initial license fee shall not exceed $200.

26         (4)  The fee for a certificate of authorization shall

27  not exceed $125.

28         (5)  The biennial renewal fee shall not exceed $200.

29         (6)  The fee for licensure by endorsement shall not

30  exceed $200.

31  

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 1         (7)  The fee for application for inactive status or for

 2  reactivation of an inactive license shall not exceed $200.

 3         (8)  The fee for applications from providers of

 4  continuing education may not exceed $500.

 5         468.8313  Examinations.--

 6         (1)  A person desiring to be licensed as a home

 7  inspector shall apply to the department to take a licensure

 8  examination.

 9         (2)  An applicant shall be entitled to take the

10  licensure examination for the purpose of determining whether

11  he or she is qualified to practice in this state as a home

12  inspector if the applicant is of good moral character and has

13  satisfied the following requirements:

14         (a)  Has received a high school diploma or its

15  equivalent.

16         (b)  Has completed a course of study of no less than

17  120 hours that covers all of the following components of a

18  home: structure, electrical system, HVAC system, roof

19  covering, plumbing system, interior components, exterior

20  components, and site conditions that affect the structure.

21         (3)  The department shall review and approve courses of

22  study in home inspection.

23         (4)  The department may review and approve examinations

24  by a nationally recognized entity that offers programs or sets

25  standards that ensure competence as a home inspector.

26         (5)(a)  "Good moral character" means a personal history

27  of honesty, fairness, and respect for the rights of others and

28  for the laws of this state and nation.

29         (b)  The department may refuse to certify an applicant

30  for failure to satisfy this requirement only if:

31  

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 1         1.  There is a substantial connection between the lack

 2  of good moral character of the applicant and the professional

 3  responsibilities of a licensed home inspector; and

 4         2.  The finding by the department of lack of good moral

 5  character is supported by clear and convincing evidence.

 6         (c)  When an applicant is found to be unqualified for a

 7  license because of lack of good moral character, the

 8  department shall furnish the applicant a statement containing

 9  the findings of the department, a complete record of the

10  evidence upon which the determination was based, and a notice

11  of the rights of the applicant to a rehearing and appeal.

12         (6)  The department may adopt rules pursuant to ss.

13  120.536(1) and 120.54 to implement the provisions of this

14  section.

15         468.8314  Licensure.--

16         (1)  The department shall license any applicant who the

17  department certifies is qualified to practice home inspection

18  services.

19         (2)  The department shall certify for licensure any

20  applicant who satisfies the requirements of s. 468.8313 and

21  who has passed the licensing examination. The department may

22  refuse to certify any applicant who has violated any of the

23  provisions of s. 468.832.

24         (3)  The department shall certify as qualified for a

25  license by endorsement an applicant who is of good moral

26  character as determined in s. 468.8313; holds a valid license

27  to practice home inspection services in another state or

28  territory of the United States, whose educational requirements

29  are substantially equivalent to those required by this part;

30  and has passed a national, regional, state, or territorial

31  

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 1  licensing examination that is substantially equivalent to the

 2  examination required by this part.

 3         (4)  The department shall not issue a license by

 4  endorsement to any applicant who is under investigation in

 5  another state for any act that would constitute a violation of

 6  this part or chapter 455 until such time as the investigation

 7  is complete and disciplinary proceedings have been terminated.

 8         468.8315  Renewal of license.--

 9         (1)  The department shall renew a license upon receipt

10  of the renewal application and upon certification by the

11  department that the licensee has satisfactorily completed the

12  continuing education requirements of s. 468.8316.

13         (2)  The department shall adopt rules establishing a

14  procedure for the biennial renewal of licenses.

15         468.8316  Continuing education.--

16         (1)  The department may not renew a license until the

17  licensee submits proof satisfactory to the department that

18  during the 2 years prior to his or her application for renewal

19  the licensee has completed at least 14 hours of continuing

20  education. Criteria and course content shall be approved by

21  the department by rule.

22         (2)  The department may prescribe by rule additional

23  continuing professional education hours, not to exceed 25

24  percent of the total hours required, for failure to complete

25  the hours required for renewal by the end of the

26  reestablishment period.

27         468.8317  Inactive license.--

28         (1)  A licensee may request that his or her license be

29  placed in an inactive status by making application to the

30  department.

31  

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 1         (2)  A license that has become inactive may be

 2  reactivated upon application to the department. The department

 3  may prescribe by rule continuing education requirements as a

 4  condition of reactivating a license. The continuing education

 5  requirements for reactivating a license may not exceed 14

 6  hours for each year the license was inactive.

 7         (3)  The department shall adopt rules relating to

 8  licenses which have become inactive and for the renewal of

 9  inactive licenses. The department shall prescribe by rule a

10  fee not to exceed $200 for the reactivation of an inactive

11  license and a fee not to exceed $200 for the renewal of an

12  inactive license.

13         468.8318  Certification of corporations and

14  partnerships.--

15         (1)  The department shall issue a certificate of

16  authorization to a corporation or partnership offering home

17  inspection services to the public if the corporation or

18  partnership satisfies all of the requirements of this part.

19         (2)  The practice of or the offer to practice home

20  inspection services by licensees through a corporation or

21  partnership offering home inspection services to the public,

22  or by a corporation or partnership offering such services to

23  the public through licensees under this part as agents,

24  employees, officers, or partners, is permitted subject to the

25  provisions of this part, provided that all personnel of the

26  corporation or partnership who act in its behalf as home

27  inspectors in this state are licensed as provided by this

28  part; and further provided that the corporation or partnership

29  has been issued a certificate of authorization by the

30  department as provided in this section. Nothing in this

31  section shall be construed to allow a corporation to hold a

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 1  license to practice home inspection services. No corporation

 2  or partnership shall be relieved of responsibility for the

 3  conduct or acts of its agents, employees, or officers by

 4  reason of its compliance with this section, nor shall any

 5  individual practicing home inspection services be relieved of

 6  responsibility for professional services performed by reason

 7  of his or her employment or relationship with a corporation or

 8  partnership.

 9         (3)  For the purposes of this section, a certificate of

10  authorization shall be required for a corporation,

11  partnership, association, or person practicing under a

12  fictitious name and offering home inspection services to the

13  public; however, when an individual is practicing home

14  inspection services in his or her own given name, he or she

15  shall not be required to register under this section.

16         (4)  Each certificate of authorization shall be renewed

17  every 2 years. Each partnership and corporation certified

18  under this section shall notify the department within 1 month

19  of any change in the information contained in the application

20  upon which the certification is based.

21         (5)  Disciplinary action against a corporation or

22  partnership shall be administered in the same manner and on

23  the same grounds as disciplinary action against a licensed

24  home inspector.

25         468.8319  Prohibitions; penalties.--

26         (1)  A home inspector, a company that employs a home

27  inspector, or a company that is controlled by a company that

28  also has a financial interest in a company employing a home

29  inspector may not:

30  

31  

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 1         (a)  Practice or offer to practice home inspection

 2  services unless the person has complied with the provisions of

 3  this part;

 4         (b)  Use the name or title "certified home inspector,"

 5  "registered home inspector," "licensed home inspector," "home

 6  inspector," "professional home inspector," or any combination

 7  thereof unless the person has complied with the provisions of

 8  this part;

 9         (c)  Present as his or her own the license of another;

10         (d)  Knowingly give false or forged evidence to the

11  department or an employee thereof;

12         (e)  Use or attempt to use a license that has been

13  suspended or revoked;

14         (f)  Perform or offer to perform, prior to closing, for

15  any additional fee, any repairs to a home on which the

16  inspector or the inspector's company has prepared a home

17  inspection report. This paragraph does not apply to a home

18  warranty company that is affiliated with or retains a home

19  inspector to perform repairs pursuant to a claim made under a

20  home warranty contract;

21         (g)  Inspect for a fee any property in which the

22  inspector or the inspector's company has any financial or

23  transfer interest;

24         (h)  Offer or deliver any compensation, inducement, or

25  reward to any broker or agent therefor for the referral of the

26  owner of the inspected property to the inspector or the

27  inspection company; or

28         (i)  Accept an engagement to make an omission or

29  prepare a report in which the inspection itself, or the fee

30  payable for the inspection, is contingent upon either the

31  

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 1  conclusions in the report, preestablished findings, or the

 2  close of escrow.

 3         (2)  Any person who is found to be in violation of any

 4  provision of this section commits a misdemeanor of the first

 5  degree, punishable as provided in s. 775.082 or s. 775.083.

 6         468.832  Disciplinary proceedings.--

 7         (1)  The following acts constitute grounds for which

 8  the disciplinary actions in subsection (2) may be taken:

 9         (a)  Violation of any provision of this part or s.

10  455.227(1);

11         (b)  Attempting to procure a license to practice home

12  inspection services by bribery or fraudulent

13  misrepresentation;

14         (c)  Having a license to practice home inspection

15  services revoked, suspended, or otherwise acted against,

16  including the denial of licensure, by the licensing authority

17  of another state, territory, or country;

18         (d)  Being convicted or found guilty of, or entering a

19  plea of nolo contendere to, regardless of adjudication, a

20  crime in any jurisdiction that directly relates to the

21  practice of home inspection services or the ability to

22  practice home inspection services;

23         (e)  Making or filing a report or record that the

24  licensee knows to be false, willfully failing to file a report

25  or record required by state or federal law, willfully impeding

26  or obstructing such filing, or inducing another person to

27  impede or obstruct such filing. Such reports or records shall

28  include only those that are signed in the capacity of a

29  licensed home inspector;

30  

31  

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 1         (f)  Advertising goods or services in a manner that is

 2  fraudulent, false, deceptive, or misleading in form or

 3  content;

 4         (g)  Engaging in fraud or deceit, or of negligence,

 5  incompetency, or misconduct, in the practice of home

 6  inspection services;

 7         (h)  Failing to perform any statutory or legal

 8  obligation placed upon a licensed home inspector; violating

 9  any provision of this chapter, a rule of the department, or a

10  lawful order of the department previously entered in a

11  disciplinary hearing; or failing to comply with a lawfully

12  issued subpoena of the department; or

13         (i)  Practicing on a revoked, suspended, inactive, or

14  delinquent license.

15         (2)  When the department finds any home inspector

16  guilty of any of the grounds set forth in subsection (1), it

17  may enter an order imposing one or more of the following

18  penalties:

19         (a)  Denial of an application for licensure.

20         (b)  Revocation or suspension of a license.

21         (c)  Imposition of an administrative fine not to exceed

22  $5,000 for each count or separate offense.

23         (d)  Issuance of a reprimand.

24         (e)  Placement of the home inspector on probation for a

25  period of time and subject to such conditions as the

26  department may specify.

27         (f)  Restriction of the authorized scope of practice by

28  the home inspector.

29         (3)  In addition to any other sanction imposed under

30  this part, in any final order that imposes sanctions, the

31  

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 1  department may assess costs related to the investigation and

 2  prosecution of the case.

 3         468.8321  Disclosures.--Prior to contracting for or

 4  commencing a home inspection, a home inspector shall provide

 5  to the consumer a copy of his or her license to practice home

 6  inspection services in this state and a written disclosure

 7  that contains the scope and any exclusions of the home

 8  inspection.

 9         468.8322  Insurance.--A home inspector shall maintain a

10  commercial general liability insurance policy in an amount of

11  not less than $300,000.

12         468.8323  Home inspection report.--Upon completion of

13  each home inspection for compensation, the home inspector

14  shall provide a written report prepared for the client.

15         (1)  The home inspector shall report:

16         (a)  On those systems and components inspected that, in

17  the professional opinion of the inspector, are significantly

18  deficient or are near the end of their service lives.

19         (b)  If self-evident, a reason why the system or

20  component reported under paragraph (a) is significantly

21  deficient or near the end of its service life.

22         (c)  Any systems and components that were present at

23  the time of the inspection but were not inspected, and a

24  reason they were not inspected.

25         (2)  A home inspector is not required to provide

26  estimates related to the cost of repair of an inspected

27  property.

28         468.8324  Grandfather clause.--Until January 1, 2009,

29  notwithstanding any other provision of this part, a person may

30  qualify to be licensed by the department as a home inspector

31  if he or she:

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 1         (1)  Has received a high school diploma or its

 2  equivalent;

 3         (2)  Has been engaged in the practice of home

 4  inspection for compensation for at least 3 years prior to the

 5  effective date of this part;

 6         (3)  Is of good moral character as defined in s.

 7  468.8313; and

 8         (4)  Has not committed any acts which would be grounds

 9  for disciplinary actions had the person been licensed under

10  this part.

11         Section 2.  Part XVI of chapter 468, Florida Statutes,

12  consisting of sections 468.84, 468.841, 468.8411, 468.8412,

13  468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,

14  468.8419, 468.842, 468.8421, 468.8422, and 468.8423, is

15  created to read:

16         468.84  Legislative purpose.--The Legislature finds it

17  necessary in the interest of the public safety and welfare, to

18  prevent damage to the real and personal property, to avert

19  economic injury to the residents of this state, and to

20  regulate persons and companies that hold themselves out to the

21  public as qualified to perform mold-related services.

22         468.841  Exemptions.--

23         (1)  The following persons are not required to comply

24  with any provisions of this part relating to mold assessment:

25         (a)  A residential property owner who performs mold

26  assessment on his or her own property.

27         (b)  A person who performs mold assessment on property

28  owned or leased by the person, the person's employer, or an

29  entity affiliated with the person's employer through common

30  ownership, or on property operated or managed by the person's

31  employer or an entity affiliated with the person's employer

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 1  through common ownership. This exemption does not apply if the

 2  person, employer, or affiliated entity engages in the business

 3  of performing mold assessment for the public.

 4         (c)  An employee of a mold assessor while directly

 5  supervised by the mold assessor.

 6         (d)  Persons or business organizations acting within

 7  the scope of the respective licenses required under chapter

 8  471, part I of chapter 481, chapter 482, or chapter 489, are

 9  acting on behalf of an insurer under part VI of chapter 626,

10  or are persons in the manufactured housing industry who are

11  licensed under chapter 320, except when any such persons or

12  business organizations hold themselves out for hire to the

13  public as a "certified mold remediator," "registered mold

14  remediator," "licensed mold remediator," "mold remediator,"

15  "professional mold remediator," or any combination thereof

16  stating or implying licensure under this part.

17         (e)  An authorized employee of the United States, this

18  state, or any municipality, county, or other political

19  subdivision, or public or private school and who is conducting

20  mold assessment within the scope of that employment, as long

21  as the employee does not hold out for hire to the general

22  public or otherwise engage in mold assessment.

23         (2)  The following persons are not required to comply

24  with any provisions of this part relating to mold remediation:

25         (a)  A residential property owner who performs mold

26  remediation on his or her own property.

27         (b)  A person who performs mold remediation on property

28  owned or leased by the person, the person's employer, or an

29  entity affiliated with the person's employer through common

30  ownership, or on property operated or managed by the person's

31  employer or an entity affiliated with the person's employer

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 1  through common ownership. This exemption does not apply if the

 2  person, employer, or affiliated entity engages in the business

 3  of performing mold remediation for the public.

 4         (c)  An employee of a mold remediator while directly

 5  supervised by the mold remediator.

 6         (d)  Persons or business organizations that are acting

 7  within the scope of the respective licenses required under

 8  chapter 471, part I of chapter 481, chapter 482, or chapter

 9  489, are acting on behalf of an insurer under part VI of

10  chapter 626, or are persons in the manufactured housing

11  industry who are licensed under chapter 320, except when any

12  such persons or business organizations hold themselves out for

13  hire to the public as a "certified mold assessor," "registered

14  mold assessor," "licensed mold assessor," "mold assessor,"

15  "professional mold assessor," or any combination thereof

16  stating or implying licensure under this part.

17         (e)  An authorized employee of the United States, this

18  state, or any municipality, county, or other political

19  subdivision, or public or private school and who is conducting

20  mold remediation within the scope of that employment, as long

21  as the employee does not hold out for hire to the general

22  public or otherwise engage in mold remediation.

23         468.8411  Definitions.--As used in this part, the term:

24         (1)  "Department" means the Department of Business and

25  Professional Regulation.

26         (2)  "Mold" means an organism of the class fungi that

27  causes disintegration of organic matter and produces spores,

28  and includes any spores, hyphae, and mycotoxins produced by

29  mold.

30         (3)  "Mold assessment" means a process performed by a

31  mold assessor that includes the physical sampling and detailed

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 1  evaluation of data obtained from a building history and

 2  inspection to formulate an initial hypothesis about the

 3  origin, identity, location, and extent of amplification of

 4  mold growth of greater than ten square feet.

 5         (4)  "Mold assessor" means any person who performs or

 6  directly supervises a mold assessment.

 7         (5)  "Mold remediation" means the removal, cleaning,

 8  sanitizing, demolition, or other treatment, including

 9  preventive activities, of mold or mold-contaminated matter of

10  greater than ten square feet that was not purposely grown at

11  that location; however, such removal, cleaning, sanitizing,

12  demolition, or other treatment, including preventive

13  activities, may not be work that requires a license under

14  chapter 489 unless performed by a person who is licensed under

15  that chapter or the work complies with that chapter.

16         (6)  "Mold remediator" means any person who performs

17  mold remediation. A mold remediator may not perform any work

18  that requires a license under chapter 489 unless the mold

19  remediator is also licensed under that chapter or complies

20  with that chapter.

21         468.8412  Fees.--

22         (1)  The department, by rule, may establish fees to be

23  paid for application, examination, reexamination, licensing

24  and renewal, inactive status application and reactivation of

25  inactive licenses, and application for providers of continuing

26  education. The department may also establish by rule a

27  delinquency fee. Fees shall be based on department estimates

28  of the revenue required to implement the provisions of this

29  part. All fees shall be remitted with the application,

30  examination, reexamination, licensing and renewal, inactive

31  

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 1  status application and reactivation of inactive licenses, and

 2  application for providers of continuing education.

 3         (2)  The application fee shall not exceed $125 and is

 4  nonrefundable. The examination fee shall not exceed $125 plus

 5  the actual per applicant cost to the department to purchase

 6  the examination, if the department chooses to purchase the

 7  examination. The examination fee shall be in an amount that

 8  covers the cost of obtaining and administering the examination

 9  and shall be refunded if the applicant is found ineligible to

10  sit for the examination.

11         (3)  The fee for an initial license shall not exceed

12  $200.

13         (4)  The fee for an initial certificate of

14  authorization shall not exceed $200.

15         (5)  The fee for a biennial license renewal shall not

16  exceed $400.

17         (6)  The fee for a biennial certificate of

18  authorization renewal shall not exceed $400.

19         (7)  The fee for licensure by endorsement shall not

20  exceed $200.

21         (8)  The fee for application for inactive status shall

22  not exceed $100.

23         (9)  The fee for reactivation of an inactive license

24  shall not exceed $200.

25         (10)  The fee for applications from providers of

26  continuing education may not exceed $500.

27         468.8413  Examinations.--

28         (1)  A person desiring to be licensed as a mold

29  assessor or mold remediator shall apply to the department to

30  take a licensure examination.

31  

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 1         (2)  An applicant shall be entitled to take the

 2  licensure examination to practice in this state as a mold

 3  assessor or mold remediator if the applicant is of good moral

 4  character and has satisfied one of the following requirements:

 5         (a)1.  For a mold remediator, at least a 2-year degree

 6  in microbiology, engineering, architecture, industrial

 7  hygiene, occupational safety, or a related field of science

 8  from an accredited institution and a minimum of 1 year of

 9  documented field experience in a field related to mold

10  remediation; or

11         2.  A high school diploma or the equivalent with a

12  minimum of 4 years of documented field experience in a field

13  related to mold remediation.

14         (b)1.  For a mold assessor, at least a 2-year degree in

15  microbiology, engineering, architecture, industrial hygiene,

16  occupational safety, or a related field of science from an

17  accredited institution and a minimum of 1 year of documented

18  field experience in conducting microbial sampling or

19  investigations; or

20         2.  A high school diploma or the equivalent with a

21  minimum of 4 years of documented field experience in

22  conducting microbial sampling or investigations.

23         (3)  The department shall review and approve courses of

24  study in mold assessment and mold remediation.

25         (4)(a)  Good moral character means a personal history

26  of honesty, fairness, and respect for the rights of others and

27  for the laws of this state and nation.

28         (b)  The department may refuse to certify an applicant

29  for failure to satisfy this requirement only if:

30         1.  There is a substantial connection between the lack

31  of good moral character of the applicant and the professional

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 1  responsibilities of a licensed mold assessor or mold

 2  remediator; and

 3         2.  The finding by the department of lack of good moral

 4  character is supported by clear and convincing evidence.

 5         (c)  When an applicant is found to be unqualified for a

 6  license because of a lack of good moral character, the

 7  department shall furnish the applicant a statement containing

 8  the findings of the department, a complete record of the

 9  evidence upon which the determination was based, and a notice

10  of the rights of the applicant to a rehearing and appeal.

11         (5)  The department may adopt rules pursuant to ss.

12  120.536(1) and 120.54 to implement the provisions of this

13  section.

14         468.8414  Licensure.--

15         (1)  The department shall license any applicant who the

16  department certifies is qualified to practice mold assessment

17  or mold remediation.

18         (2)  The department shall certify for licensure any

19  applicant who satisfies the requirements of s. 468.8413, who

20  has passed the licensing examination, and who has documented

21  training in water, mold, and respiratory protection. The

22  department may refuse to certify any applicant who has

23  violated any of the provisions of this part.

24         (3)  The department shall certify as qualified for a

25  license by endorsement an applicant who is of good moral

26  character and:

27         (a)  Is qualified to take the examination as set forth

28  in s. 468.8413 and has passed a certification examination

29  offered by a nationally recognized organization that certifies

30  persons in the specialty of mold assessment or mold

31  remediation that has been approved by the department as

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 1  substantially equivalent to the requirements of this part and

 2  s. 455.217; or

 3         (b)  Holds a valid license to practice mold assessment

 4  or mold remediation issued by another state or territory of

 5  the United States if the criteria for issuance of the license

 6  were substantially the same as the licensure criteria that is

 7  established by this part as determined by the department.

 8         (4)  The department shall not issue a license by

 9  endorsement to any applicant who is under investigation in

10  another state for any act that would constitute a violation of

11  this part or chapter 455 until such time as the investigation

12  is complete and disciplinary proceedings have been terminated.

13         468.8415  Renewal of license.--

14         (1)  The department shall renew a license upon receipt

15  of the renewal application and fee and upon certification by

16  the department that the licensee has satisfactorily completed

17  the continuing education requirements of s. 468.8416.

18         (2)  The department shall adopt rules establishing a

19  procedure for the biennial renewal of licenses.

20         468.8416  Continuing education.--

21         (1)  The department may not renew a license until the

22  licensee submits proof satisfactory to it that during the 2

23  years prior to his or her application for renewal the licensee

24  has completed at least 14 hours of continuing education.

25  Criteria and course content shall be approved by the

26  department by rule.

27         (2)  The department may prescribe by rule additional

28  continuing professional education hours, not to exceed 25

29  percent of the total hours required, for failure to complete

30  the hours required for renewal by the end of the renewal

31  period.

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 1         468.8417  Inactive license.--

 2         (1)  A licensee may request that his or her license be

 3  placed in an inactive status by making application to the

 4  department.

 5         (2)  A license that has become inactive may be

 6  reactivated upon application to the department. The department

 7  may prescribe by rule continuing education requirements as a

 8  condition of reactivating a license. The continuing education

 9  requirements for reactivating a license may not exceed 14

10  hours for each year the license was inactive.

11         (3)  The department shall adopt rules relating to

12  licenses that have become inactive and for the renewal of

13  inactive licenses. The department shall prescribe by rule a

14  fee not to exceed $200 for the reactivation of an inactive

15  license and a fee not to exceed $200 for the renewal of an

16  inactive license.

17         468.8418  Certification of partnerships and

18  corporations.--

19         (1)  The department shall issue a certificate of

20  authorization to a corporation or partnership offering mold

21  assessment or mold remediation services to the public if the

22  corporation or partnership satisfies all of the requirements

23  of this part.

24         (2)  The practice of or the offer to practice mold

25  assessment or mold remediation by licensees through a

26  corporation or partnership offering mold assessment or mold

27  remediation to the public, or by a corporation or partnership

28  offering such services to the public through licensees under

29  this part as agents, employees, officers, or partners, is

30  permitted subject to the provisions of this part, provided

31  that the corporation or partnership has been issued a

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 1  certificate of authorization by the department as provided in

 2  this section. Nothing in this section shall be construed to

 3  allow a corporation to hold a license to practice mold

 4  assessment or mold remediation. No corporation or partnership

 5  shall be relieved of responsibility for the conduct or acts of

 6  its agents, employees, or officers by reason of its compliance

 7  with this section, nor shall any individual practicing mold

 8  assessment or mold remediation be relieved of responsibility

 9  for professional services performed by reason of his or her

10  employment or relationship with a corporation or partnership.

11         (3)  For the purposes of this section, a certificate of

12  authorization shall be required for a corporation,

13  partnership, association, or person practicing under a

14  fictitious name, offering mold assessment or mold remediation;

15  however, when an individual is practicing mold assessment or

16  mold remediation under his or her own given name, he or she

17  shall not be required to register under this section.

18         (4)  Each certificate of authorization shall be renewed

19  every 2 years. Each partnership and corporation certified

20  under this section shall notify the department within 1 month

21  of any change in the information contained in the application

22  upon which the certification is based.

23         (5)  Disciplinary action against a corporation or

24  partnership shall be administered in the same manner and on

25  the same grounds as disciplinary action against a licensed

26  mold assessor or mold remediator.

27         468.8419  Prohibitions; penalties.--

28         (1)  A mold assessor, a company that employs a mold

29  assessor, or a company that is controlled by a company that

30  also has a financial interest in a company employing a mold

31  assessor may not:

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 1         (a)  Perform or offer to perform any mold assessment

 2  unless the mold assessor has documented training in water,

 3  mold, and respiratory protection under s. 468.8414(2).

 4         (b)  Perform or offer to perform any mold assessment

 5  unless the person has complied with the provisions of this

 6  part.

 7         (c)  Use the name or title "certified mold assessor,"

 8  "registered mold assessor," "licensed mold assessor," "mold

 9  assessor," "professional mold assessor," or any combination

10  thereof unless the person has complied with the provisions

11  this part.

12         (d)  Perform or offer to perform any mold remediation

13  to a structure on which the mold assessor or the mold

14  assessor's company provided a mold assessment within the last

15  12 months.

16         (e)  Inspect for a fee any property in which the

17  assessor or the assessor's company has any financial or

18  transfer interest.

19         (f)  Accept any compensation, inducement, or reward

20  from a mold remediator or mold remediator's company for the

21  referral of any business to the mold remediator or the mold

22  remediator's company.

23         (g)  Offer any compensation, inducement, or reward to a

24  mold remediator or mold remediator's company for the referral

25  of any business from the mold remediator or the mold

26  remediator's company.

27         (h)  Accept an engagement to make an omission of the

28  assessment or conduct an assessment in which the assessment

29  itself, or the fee payable for the assessment, is contingent

30  upon the conclusions of the assessment.

31  

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 1         (2)  A mold remediator, a company that employs a mold

 2  remediator, or a company that is controlled by a company that

 3  also has a financial interest in a company employing a mold

 4  remediator may not:

 5         (a)  Perform or offer to perform any mold remediation

 6  unless the remediator has documented training in water, mold,

 7  and respiratory protection under s. 468.8414(2).

 8         (b)  Perform or offer to perform any mold remediation

 9  unless the person has complied with the provisions of this

10  part.

11         (c)  Use the name or title "certified mold remediator,"

12  "registered mold remediator," "licensed mold remediator,"

13  "mold remediator," "professional mold remediator," or any

14  combination thereof unless the person has complied with the

15  provisions of this part.

16         (d)  Perform or offer to perform any mold assessment to

17  a structure on which the mold remediator or the mold

18  remediator's company provided a mold remediation within the

19  last 12 months.

20         (e)  Remediate for a fee any property in which the mold

21  remediator or the mold remediator's company has any financial

22  or transfer interest.

23         (f)  Accept any compensation, inducement, or reward

24  from a mold assessor or mold assessor's company for the

25  referral of any business from the mold assessor or the mold

26  assessor's company.

27         (g)  Offer any compensation, inducement, or reward to a

28  mold assessor or mold assessor's company for the referral of

29  any business from the mold assessor or the mold assessor's

30  company.

31  

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 1         (3)  Any person who violates any provision of this

 2  section commits:

 3         (a)  A misdemeanor of the second degree for a first

 4  violation, punishable as provided in s. 775.082 or s. 775.083.

 5         (b)  A misdemeanor of the first degree for a second

 6  violation, punishable as provided in s. 775.082 or s. 775.083.

 7         (c)  A felony of the third degree for a third or

 8  subsequent violation, punishable as provided in s. 775.082, s.

 9  775.083, or s. 775.084.

10         468.842  Disciplinary proceedings.--

11         (1)  The following acts constitute grounds for which

12  the disciplinary actions in subsection (2) may be taken:

13         (a)  Violation of any provision of this part or s.

14  455.227(1);

15         (b)  Attempting to procure a license to practice mold

16  assessment or mold remediation by bribery or fraudulent

17  misrepresentations;

18         (c)  Having a license to practice mold assessment or

19  mold remediation revoked, suspended, or otherwise acted

20  against, including the denial of licensure, by the licensing

21  authority of another state, territory, or country;

22         (d)  Being convicted or found guilty of, or entering a

23  plea of nolo contendere to, regardless of adjudication, a

24  crime in any jurisdiction that directly relates to the

25  practice of mold assessment or mold remediation or the ability

26  to practice mold assessment or mold remediation;

27         (e)  Making or filing a report or record that the

28  licensee knows to be false, willfully failing to file a report

29  or record required by state or federal law, willfully impeding

30  or obstructing such filing, or inducing another person to

31  impede or obstruct such filing. Such reports or records shall

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 1  include only those that are signed in the capacity of a

 2  registered mold assessor or mold remediator;

 3         (f)  Advertising goods or services in a manner that is

 4  fraudulent, false, deceptive, or misleading in form or

 5  content;

 6         (g)  Engaging in fraud or deceit, or of negligence,

 7  incompetency, or misconduct, in the practice of mold

 8  assessment or mold remediation;

 9         (h)  Failing to perform any statutory or legal

10  obligation placed upon a licensed mold assessor or mold

11  remediator; violating any provision of this chapter, a rule of

12  the department, or a lawful order of the department previously

13  entered in a disciplinary hearing; or failing to comply with a

14  lawfully issued subpoena of the department; or

15         (i)  Practicing on a revoked, suspended, inactive, or

16  delinquent license.

17         (2)  When the department finds any mold assessor or

18  mold remediator guilty of any of the grounds set forth in

19  subsection (1), it may enter an order imposing one or more of

20  the following penalties:

21         (a)  Denial of an application for licensure.

22         (b)  Revocation or suspension of a license.

23         (c)  Imposition of an administrative fine not to exceed

24  $5,000 for each count or separate offense.

25         (d)  Issuance of a reprimand.

26         (e)  Placement of the mold assessor or mold remediator

27  on probation for a period of time and subject to such

28  conditions as the department may specify.

29         (f)  Restriction of the authorized scope of practice by

30  the mold assessor or mold remediator.

31  

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 1         (3)  In addition to any other sanction imposed under

 2  this part, in any final order that imposes sanctions, the

 3  department may assess costs related to the investigation and

 4  prosecution of the case.

 5         468.8421  Insurance.--

 6         (1)  A mold assessor shall maintain general liability

 7  and errors and omissions insurance coverage in an amount of

 8  not less than $1,000,000.

 9         (2)  A mold remediator shall maintain general liability

10  insurance policy in an amount of not less than $1,000,000 that

11  includes specific coverage for mold related claims.

12         468.8422  Contracts.--A contract to perform mold

13  assessment or mold remediation shall be in a document or

14  electronic record, signed or otherwise authenticated by the

15  parties. A mold assessment contract is not required to provide

16  estimates related to the cost of repair of an assessed

17  property. A mold assessment contract is not required to

18  provide estimates.

19         468.8423  Grandfather clause.--A person who performs

20  mold assessment or mold remediation as defined in this part

21  may qualify to be licensed by the department as a mold

22  assessor or mold remediator if the person meets the licensure

23  requirements of this part by July 1, 2008.

24         Section 3.  For the 2007-2008 fiscal year, two

25  full-time equivalent positions and 65,044 in associated salary

26  rate are authorized, and the sums of $100,371 in recurring

27  funds and $8,959 in nonrecurring funds from the Professional

28  Regulation Trust Fund of the Department of Business and

29  Professional Regulation are appropriated for the purpose of

30  carrying out professional board activities related to this

31  act. In addition, for the 2007-2008 fiscal year, one full-time

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 1  equivalent position and 25,479 in associated salary rate are

 2  authorized, and the sums of $57,105 in recurring funds and

 3  $29,726 in nonrecurring funds from the Administrative Trust

 4  Fund of the Department of Business and Professional Regulation

 5  are appropriated for the purpose of carrying out the central

 6  administrative functions provided in this act.

 7         Section 4.  This act shall take effect October 1, 2007.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                            CS/SB 2234

11                                 

12  Provides $196,161 from the General Revenue Fund and authorizes
    three full-time equivalent positions to carry out professional
13  board activities and administrative functions provided for in
    the bill.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

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31  

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