Florida Statutes – Mold Remediation

Florida Statutes – Mold Remediation

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468.84 Legislative purpose.

–The Legislature finds it necessary in the interest of the public

safety and welfare, to prevent damage to real and personal property, to avert economic injury to

the residents of this state, and to regulate persons and companies that hold themselves out to the

public as qualified to perform mold-related services.

 

468.841 Exemptions.

 

(1) The following persons are not required to comply with any provisions of this part relating to

mold assessment:

(a) A residential property owner who performs mold assessment on his or her own

property.

(b) A person who performs mold assessment on property owned or leased by the person,

the person’s employer, or an entity affiliated with the person’s employer through common

ownership, or on property operated or managed by the person’s employer or an entity

affiliated with the person’s employer through common ownership. This exemption does

not apply if the person, employer, or affiliated entity engages in the business of

performing mold assessment for the public.

(c) An employee of a mold assessor while directly supervised by the mold assessor.

(d) Persons or business organizations acting within the scope of the respective licenses

required under chapter 471, part I of chapter 481, chapter 482, chapter 489, or part XV of

this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are

persons in the manufactured housing industry who are licensed under chapter 320, except

when any such persons or business organizations hold themselves out for hire to the

public as a “certified mold assessor,” “registered mold assessor,” “licensed mold

assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof

stating or implying licensure under this part.

(e) An authorized employee of the United States, this state, or any municipality, county,

or other political subdivision, or public or private school and who is conducting mold

assessment within the scope of that employment, as long as the employee does not hold

out for hire to the general public or otherwise engage in mold assessment.

 

468.8411 Definitions.

 

–As used in this part, the term:

(1) “Department” means the Department of Business and Professional Regulation.

(2) “Mold” means an organism of the class fungi that causes disintegration of organic matter and

produces spores, and includes any spores, hyphae, and mycotoxins produced by mold.

(3) “Mold assessment” means a process performed by a mold assessor that includes the physical

sampling and detailed evaluation of data obtained from a building history and inspection to

formulate an initial hypothesis about the origin, identity, location, and extent of amplification of

mold growth of greater than 10 square feet.

(4) “Mold assessor” means any person who performs or directly supervises a mold assessment.

(5) “Mold remediation” means the removal, cleaning, sanitizing, demolition, or other treatment,

including preventive activities, of mold or mold-contaminated matter of greater than 10 square

feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing,

demolition, or other treatment, including preventive activities, may not be work that requires a

license under chapter 489 unless performed by a person who is licensed under that chapter or the

work complies with that chapter.

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(6) “Mold remediator” means any person who performs mold remediation. A mold remediator

may not perform any work that requires a license under chapter 489 unless the mold remediator

is also licensed under that chapter or complies with that chapter.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8412 Fees.

(1) The department, by rule, may establish fees to be paid for application, examination,

reexamination, licensing and renewal, inactive status application and reactivation of inactive

licenses, and application for providers of continuing education. The department may also

establish by rule a delinquency fee. Fees shall be based on department estimates of the revenue

required to implement the provisions of this part. All fees shall be remitted with the application,

examination, reexamination, licensing and renewal, inactive status application and reactivation

of inactive licenses, and application for providers of continuing education.

(2) The application fee shall not exceed $125 and is nonrefundable. The examination fee shall

not exceed $125 plus the actual per applicant cost to the department to purchase the examination,

if the department chooses to purchase the examination. The examination fee shall be in an

amount that covers the cost of obtaining and administering the examination and shall be refunded

if the applicant is found ineligible to sit for the examination.

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

(4) The fee for an initial certificate of authorization shall not exceed $200.

(5) The fee for a biennial license renewal shall not exceed $400.

(6) The fee for a biennial certificate of authorization renewal shall not exceed $400.

(7) The fee for licensure by endorsement shall not exceed $200.

(8) The fee for application for inactive status shall not exceed $100.

(9) The fee for reactivation of an inactive license shall not exceed $200.

(10) The fee for applications from providers of continuing education may not exceed $500.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8413 Examinations.

(1) A person desiring to be licensed as a mold assessor or mold remediator shall apply to the

department to take a licensure examination.

(2) An applicant shall be entitled to take the licensure examination to practice in this state as a

mold assessor or mold remediator if the applicant is of good moral character and has satisfied

one of the following requirements:

(a) 1. For a mold remediator, at least a 2-year degree in microbiology, engineering,

architecture, industrial hygiene, occupational safety, or a related field of science

from an accredited institution and a minimum of 1 year of documented field

experience in a field related to mold remediation; or

2. A high school diploma or the equivalent with a minimum of 4 years of

documented field experience in a field related to mold remediation.

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

architecture, industrial hygiene, occupational safety, or a related field of science

from an accredited institution and a minimum of 1 year of documented field

experience in conducting microbial sampling or investigations; or

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2. A high school diploma or the equivalent with a minimum of 4 years of

documented field experience in conducting microbial sampling or investigations.

(3) The department shall review and approve courses of study in mold assessment and mold

remediation.

(4) (a) Good moral character means a personal history of honesty, fairness, and respect for

the rights of others and for the laws of this state and nation.

(b) The department may refuse to certify an applicant for failure to satisfy this

requirement only if:

1. There is a substantial connection between the lack of good moral character of

the applicant and the professional responsibilities of a licensed mold assessor or

mold remediator; and

2. The finding by the department of lack of good moral character is supported by

clear and convincing evidence.

(c) When an applicant is found to be unqualified for a license because of a lack of good

moral character, the department shall furnish the applicant a statement containing the

findings of the department, a complete record of the evidence upon which the

determination was based, and a notice of the rights of the applicant to a rehearing and

appeal.

(5) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the

provisions of this section.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8414 Licensure.

(1) The department shall license any applicant who the department certifies is qualified to

practice mold assessment or mold remediation.

(2) The department shall certify for licensure any applicant who satisfies the requirements of s.

468.8413, who has passed the licensing examination, and who has documented training in water,

mold, and respiratory protection. The department may refuse to certify any applicant who has

violated any of the provisions of this part.

(3) The department shall certify as qualified for a license by endorsement an applicant who is of

good moral character and:

(a) Is qualified to take the examination as set forth in s. 468.8413 and has passed a

certification examination offered by a nationally recognized organization that certifies

persons in the specialty of mold assessment or mold remediation that has been approved

by the department as substantially equivalent to the requirements of this part and s.

455.217; or

(b) Holds a valid license to practice mold assessment or mold remediation issued by

another state or territory of the United States if the criteria for issuance of the license

were substantially the same as the licensure criteria that is established by this part as

determined by the department.

(4) The department shall not issue a license by endorsement to any applicant who is under

investigation in another state for any act that would constitute a violation of this part or chapter

455 until such time as the investigation is complete and disciplinary proceedings have been

terminated.

 

History.

 

–s. 3, ch. 2007-235.

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Note.

–Effective July 1, 2010.

 

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468.8415 Renewal of license.

(1) The department shall renew a license upon receipt of the renewal application and fee and

upon certification by the department that the licensee has satisfactorily completed the continuing

education requirements of s. 468.8416.

(2) The department shall adopt rules establishing a procedure for the biennial renewal of

licenses.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8416 Continuing education.

(1) The department may not renew a license until the licensee submits proof satisfactory to it

that during the 2 years prior to his or her application for renewal the licensee has completed at

least 14 hours of continuing education. Criteria and course content shall be approved by the

department by rule.

(2) The department may prescribe by rule additional continuing professional education hours,

not to exceed 25 percent of the total hours required, for failure to complete the hours required for

renewal by the end of the renewal period.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8417 Inactive license.

(1) A licensee may request that his or her license be placed in an inactive status by making

application to the department.

(2) A license that has become inactive may be reactivated upon application to the department.

The department may prescribe by rule continuing education requirements as a condition of

reactivating a license. The continuing education requirements for reactivating a license may not

exceed 14 hours for each year the license was inactive.

(3) The department shall adopt rules relating to licenses that have become inactive and for the

renewal of inactive licenses. The department shall prescribe by rule a fee not to exceed $200 for

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

license.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8418 Certification of partnerships and corporations.

(1) The department shall issue a certificate of authorization to a corporation or partnership

offering mold assessment or mold remediation services to the public if the corporation or

partnership satisfies all of the requirements of this part.

(2) The practice of or the offer to practice mold assessment or mold remediation by licensees

through a corporation or partnership offering mold assessment or mold remediation to the public,

or by a corporation or partnership offering such services to the public through licensees under

this part as agents, employees, officers, or partners, is permitted subject to the provisions of this

part, provided that the corporation or partnership has been issued a certificate of authorization by

the department as provided in this section. Nothing in this section shall be construed to allow a

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corporation to hold a license to practice mold assessment or mold remediation. No corporation or

partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, or

officers by reason of its compliance with this section, nor shall any individual practicing mold

assessment or mold remediation be relieved of responsibility for professional services performed

by reason of his or her employment or relationship with a corporation or partnership.

(3) For the purposes of this section, a certificate of authorization shall be required for a

corporation, partnership, association, or person practicing under a fictitious name, offering mold

assessment or mold remediation; however, when an individual is practicing mold assessment or

mold remediation under his or her own given name, he or she shall not be required to register

under this section.

(4) Each certificate of authorization shall be renewed every 2 years. Each partnership and

corporation certified under this section shall notify the department within 1 month of any change

in the information contained in the application upon which the certification is based.

(5) Disciplinary action against a corporation or partnership shall be administered in the same

manner and on the same grounds as disciplinary action against a licensed mold assessor or mold

remediator.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8419 Prohibitions; penalties.

(1) A mold assessor, a company that employs a mold assessor, or a company that is controlled

by a company that also has a financial interest in a company employing a mold assessor may not:

(a) Perform or offer to perform any mold assessment unless the mold assessor has

documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Perform or offer to perform any mold assessment unless the person has complied

with the provisions of this part.

(c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed

mold assessor,” “mold assessor,” “professional mold assessor,” or any combination

thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold remediation to a structure on which the mold

assessor or the mold assessor’s company provided a mold assessment within the last 12

months.

(e) Inspect for a fee any property in which the assessor or the assessor’s company has any

financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold remediator or mold

remediator’s company for the referral of any business to the mold remediator or the mold

remediator’s company.

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

remediator’s company for the referral of any business from the mold remediator or the

mold remediator’s company.

(h) Accept an engagement to make an omission of the assessment or conduct an

assessment in which the assessment itself, or the fee payable for the assessment, is

contingent upon the conclusions of the assessment.

(2) A mold remediator, a company that employs a mold remediator, or a company that is

controlled by a company that also has a financial interest in a company employing a mold

remediator may not:

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(a) Perform or offer to perform any mold remediation unless the remediator has

documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Perform or offer to perform any mold remediation unless the person has complied

with the provisions of this part.

(c) Use the name or title “certified mold remediator,” “registered mold remediator,”

“licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any

combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold assessment to a structure on which the mold

remediator or the mold remediator’s company provided a mold remediation within the

last 12 months.

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

remediator’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold assessor or mold

assessor’s company for the referral of any business from the mold assessor or the mold

assessor’s company.

(g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor’s

company for the referral of any business from the mold assessor or the mold assessor’s

company.

(3) Any person who violates any provision of this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s.

775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second violation, punishable as provided in s.

775.082 or s. 775.083.

(c) A felony of the third degree for a third or subsequent violation, punishable as

provided in s. 775.082, s. 775.083, or s. 775.084.

 

History.

 

–s. 3, ch. 2007-235; s. 124, ch. 2008-4.

 

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Note.

–Effective July 1, 2010.

 

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468.842 Disciplinary proceedings.

(1) The following acts constitute grounds for which the disciplinary actions in subsection (2)

may be taken:

(a) Violation of any provision of this part or s. 455.227(1);

(b) Attempting to procure a license to practice mold assessment or mold remediation by

bribery or fraudulent misrepresentations;

(c) Having a license to practice mold assessment or mold remediation revoked,

suspended, or otherwise acted against, including the denial of licensure, by the licensing

authority of another state, territory, or country;

(d) Being convicted or found guilty of, or entering a plea of nolo contendere to,

regardless of adjudication, a crime in any jurisdiction that directly relates to the practice

of mold assessment or mold remediation or the ability to practice mold assessment or

mold remediation;

(e) Making or filing a report or record that the licensee knows to be false, willfully

failing to file a report or record required by state or federal law, willfully impeding or

obstructing such filing, or inducing another person to impede or obstruct such filing.

Such reports or records shall include only those that are signed in the capacity of a

registered mold assessor or mold remediator;

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(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or

misleading in form or content;

(g) Engaging in fraud or deceit, or negligence, incompetency, or misconduct, in the

practice of mold assessment or mold remediation;

(h) Failing to perform any statutory or legal obligation placed upon a licensed mold

assessor or mold remediator; violating any provision of this chapter, a rule of the

department, or a lawful order of the department previously entered in a disciplinary

hearing; or failing to comply with a lawfully issued subpoena of the department; or

(i) Practicing on a revoked, suspended, inactive, or delinquent license.

(2) When the department finds any mold assessor or mold remediator guilty of any of the

grounds set forth in subsection (1), it may enter an order imposing one or more of the following

penalties:

(a) Denial of an application for licensure.

(b) Revocation or suspension of a license.

(c) Imposition of an administrative fine not to exceed $5,000 for each count or separate

offense.

(d) Issuance of a reprimand.

(e) Placement of the mold assessor or mold remediator on probation for a period of time

and subject to such conditions as the department may specify.

(f) Restriction of the authorized scope of practice by the mold assessor or mold

remediator.

(3) In addition to any other sanction imposed under this part, in any final order that imposes

sanctions, the department may assess costs related to the investigation and prosecution of the

case.

 

History.

 

–s. 3, ch. 2007-235; s. 125, ch. 2008-4; s. 52, ch. 2009-195.

 

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Note.

–Effective July 1, 2010.

 

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468.8421 Insurance.

(1) A mold assessor shall maintain general liability and errors and omissions insurance coverage

in an amount of not less than $1,000,000.

(2) A mold remediator shall maintain a general liability insurance policy in an amount of not

less than $1,000,000 that includes specific coverage for mold-related claims.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8422 Contracts.

–A contract to perform mold assessment or mold remediation shall be in a

document or electronic record, signed or otherwise authenticated by the parties. A mold

assessment contract is not required to provide estimates related to the cost of repair of an

assessed property. A mold assessment contract is not required to provide estimates.

 

History.

 

–s. 3, ch. 2007-235.

 

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Note.

–Effective July 1, 2010.

 

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468.8423 Grandfather clause.

–A person who performs mold assessment or mold remediation

as defined in this part may qualify to be licensed by the department as a mold assessor or mold

remediator if the person meets the licensure requirements of this part by July 1, 2010.

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