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.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 381.00731, Florida Statutes, is created
   15  to read:
   16         381.00731Toxic 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.