Florida Senate - 2023 SB 912 By Senator Jones 34-00131B-23 2023912__ 1 A bill to be entitled 2 An act relating to the Toxic Mold Protection Advisory 3 Council; creating s. 381.00731, F.S.; defining terms; 4 creating the advisory council adjunct to the 5 Department of Health; providing for the purpose, 6 membership, meetings, and duties of the advisory 7 council; requiring the advisory council to submit an 8 annual report to the Governor, State Surgeon General, 9 and Legislature by a specified date; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 381.00731, Florida Statutes, is created 15 to read: 16 381.00731 Toxic Mold Protection Advisory Council.— 17 (1) As used in this section, the term: 18 (a) “Affected” means affected by a condition caused by the 19 presence of mold in a dwelling unit, a building, an appurtenant 20 structure, a common wall, a heating system, or a ventilating or 21 air-conditioning system which affects the indoor air quality of 22 the dwelling unit or building. 23 (b) “Building code enforcement official” means a licensed 24 building code administrator, building code inspector, or plans 25 examiner. 26 (c) “Department” means the Department of Health. 27 (d) “Indoor environment” means the affected dwelling unit 28 or affected commercial and industrial building. 29 (e) “Industrial hygienist” has the same meaning as in s. 30 501.937(3)(b). 31 (f) “Mold” means any form of multicellular fungi, 32 including, but not limited to, Cladosporium, Penicillium, 33 Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, 34 Mucor, and Stachybotrys chartarum, which lives on plant or 35 animal matter and in indoor environments and which is often 36 found in water-damaged building materials. 37 (g) “Public health officer” means a local health officer or 38 director of a county health department. 39 (2) The Toxic Mold Protection Advisory Council, an advisory 40 council as defined in s. 20.03(7), is created adjunct to the 41 department for the purpose of making recommendations and 42 advising and assisting the department in the development and 43 adoption of a public health education program and mold 44 identification, assessment, and remediation standards and 45 guidelines. 46 (3) The advisory council is composed of the following 47 members, appointed as follows: 48 (a) The following members appointed by the Secretary of 49 Business and Professional Regulation: 50 1. A person who is a building code enforcement official. 51 2. A person who is a mold assessment expert. 52 3. A person who is a mold abatement expert. 53 4. A person who is an industrial hygienist. 54 5. A person who represents an organization or association 55 that develops standards or certifications for the mold industry. 56 (b) The following members appointed by the State Surgeon 57 General: 58 1. A person who is a public health officer. 59 2. A person who has medical expertise on the adverse health 60 effects from exposure to molds. 61 (c) A person who represents an organization or association 62 advocating for insurers, appointed by the Chief Financial 63 Officer. 64 (d) A person who represents a school district, appointed by 65 the Commissioner of Education. 66 (e) A person who is an environmental health professional, 67 appointed by the Secretary of Environmental Protection. 68 (f) The following members appointed by the President of the 69 Senate: 70 1. Two persons who represent organizations or associations 71 advocating for affected consumers, including one person who 72 represents commercial and industrial tenants and one person who 73 represents residential tenants and homeowners. 74 2. From recommendations provided by the chair of the 75 standing committee of the Senate with jurisdiction over health 76 policy, a person who represents an organization or association 77 with expertise on the adverse health effects from exposure to 78 molds. 79 (g) A person who represents an organization or association 80 advocating for affected industries, including, but not limited 81 to, commercial and industrial building proprietors, managers, 82 and landlords; residential building proprietors, managers, and 83 landlords; builders; realtors; suppliers of building materials; 84 and suppliers of furnishings, appointed by the Speaker of the 85 House of Representatives. 86 (4)(a) The initial members of the advisory council must be 87 appointed by September 1, 2023. Each member must be appointed to 88 a 4-year term. However, in order to achieve staggered terms, 89 each of the initial members appointed pursuant to paragraphs 90 (3)(a), (b), and (c) must be appointed to a 2-year term and each 91 of the initial members appointed pursuant to paragraphs (3)(d), 92 (e), (f), and (g) must be appointed to a 4-year term. 93 (b) A vacancy on the advisory council must be filled in the 94 same manner as the original appointment. 95 (c) The advisory council shall elect a chair from among its 96 members. 97 (d) Members of the advisory council shall serve without 98 compensation and are not entitled to reimbursement for per diem 99 and travel expenses pursuant to s. 112.061. 100 (5)(a) The advisory council shall convene its first meeting 101 by October 1, 2023. Thereafter, the advisory council shall meet 102 upon the call of the chair or upon the request of a majority of 103 its members. 104 (b) Meetings may be conducted in person or by 105 teleconference or other electronic means. 106 (6) The advisory council shall make recommendations and 107 advise and assist the department regarding the development and 108 adoption of a public health education program for indoor 109 environments and of mold identification, assessment, and 110 remediation standards and guidelines. 111 (7) By February 1, 2024, and each February 1 thereafter, 112 the advisory council shall submit an annual report on its 113 progress in performing its duties under subsection (6) to the 114 Governor, the State Surgeon General, the President of the 115 Senate, and the Speaker of the House of Representatives. 116 Section 2. This act shall take effect July 1, 2023.