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Naples, Marco Island, Bonita Springs, Cape Coral and Fort Myers area Realtors and homeowners / homebuyers should know about the new Florida mold statutes (law) scheduled to be effective July 1, 2010.  Realtors and Homebuyers regularly hire home inspectors to perform mold assessment in Southwest Florida.  The new law clearly separates the home inspection business and mold inspection business in an effort to protect the consumer. 
  • Why would you hire someone who does not now meet even the insurance requirements of the new mold law ($1,000,000 liability and Errors and Omissions insurance)?
  • Why would hire a inspector with less than 4 years experience in mold assessment (required in new Florida law)?

Chinese Drywall inspections and Mold assessment / testing are environmental issues and not part of any "Standard of Practice" for home inspectors.  Many home inspector take a one or two day training class and become "certified mold inspectors".   According to the NOCA standard 1100 approved by the America National Standard Institute in Washington DC March, 2009,  they are not certified but only recieved a "certificate of completion".  

The acronym "Certified Mold Inspector"
is not recognized by the American National Standards Institute (ANSI). 

 http://theamericanacademyofpersonaltraining.blogspot.com/2009/03/hello-everyone-i-wanted-to-share-this.html  
info@noca.org
"FOR IMMEDIATE RELEASE:
NOCA 1100 - STANDARD FOR ASSESSMENT-BASED CERTIFICATE PROGRAMS RECEIVES APPROVAL AS AMERICAN NATIONAL STANDARD
WASHINGTON, DC (March 26, 2009) - The National Organization for Competency Assurance (NOCA) announced today that its recently published NOCA 1100 - Standard for Assessment-Based Certificate Programs (2009) received approval as an American National Standard by the American National Standard Institute (ANSI) Board of Standards Review.

"This is an extremely important development for the IAQ industry, given the fact that many IAQ organizations today offer "certifications" that do not qualify as such according the Standard 1100."   Page 12, IAQ newspaper April 2009  http://www.ieconnections.com/ 

A National Standard 1100 (NOCA) has recently been approved by ANSI that clarifies the difference between Indoor Air Quality professionals (including mold inspectors) that are "certified" professionals and those that are just "certificate holders" (completed a training course).

 According to the new national standard (NOCA 1100,Section 8) holders of assessment-based certificates may NOT use letters or acronyms behind their names, and they may NOT use the word "certified" in describing their credentials, such as "certified mold inspector". 

The new standard confirms and codifies three groups that have policies that qualify them as certification programs under the national Standard 1100.

1.      The American Board of Industrial Hygiene (ABIH) which offers the Certified Industrial Hygienist, CIH designation.

2.      The American Council for Accredited Certification, (ACAC) offers several designations including: Council-certified Indoor Environmentalist (CIE)

3.      The Board of Certified Safety Professionals which offers the Certified Safety Professional, CSP designation.

You can not just take a class and become "Certified" according to the new ANSI approved Standard 1100. 

Example of a approved Certification:  ACAC requires minimum 2 years of experience, board approval, and passing independent testing for certification as a "Certified Indoor Environmentalist".

Radon & Mold Professionals has more Board-Certified Indoor Environmentalists (CIE) on staff than any company in Southwest Florida.

Arkansas Mold Law for mold inspectors became effective January 1, 2010, seems they beat Florida in protecting consumers from unqualified mold inspectors.

Arkansas mold law:

http://docs.google.com/viewer?a=v&q=cache:sdVQo8_PasgJ:www.plantboard.org/plant_pdfs/Mold/Mold%2520Licensing%2520Information.pdf+arkansas+mold+inspection&hl=en&gl=us&sig=AHIEtbRxqzMlVVjoX1ji92jMN5WxHVQ95g

 

 New Florida Mold Law

In a effort to protect the citizens of Florida, Florida Governor Crist signed Mold / Inspection legislation (SB2234) into law. The new law will regulate the Mold Inspection industry and Home Inspection businesses and individuals.

Individuals will need a license and businesses will need to be certified.  The Florida Department of Business and Professional Regulation will handle the licensing and the company certifications.

 

 

Law and more info:

http://www.naplesmoldinspection.com/id12.html 

 

Mold bill became law July 1
By Joe Adams
Originally published on July 05, 2007
As mentioned in my previous column (Bill puts focus on mold inspections, June 7), the State of Florida has been grappling with the appropriate standards for licensing mold "assessors" and "remediators" since 2004.

http://www.news-press.com/apps/pbcs.dll/article?AID=/20070705/COLUMNISTS16/707050328/1014/BUSINESS

 

New Mold Laws - Central Florida News 13:  http://www.cfnews13.com/News/Local/2007/7/9/new_mold_laws.html
 
We applaud the Florida Governor and the FL Legislature for passing a respectable mold law.
 

One very important aspect concerning the new law is that the consumer should understand that Mold Inspections and Home Inspections are two different professions, with separate licenses and regulations.

interviewpic.JPG

Interview with sponsor of
New Florida Mold Law
Jeff Deuitch
Microbiologist
Administrator
The IAQ Forum
 
Stephen Wise. Senator Wise is the sponsor of the
bill which puts home inspectors and mold professionals
under license in Florida. This bill passed into law in 2007
thread:

Florida Department of Business and Professional Regulation  (DBPR)
Mold Related Services:


New Law provides for DBPR to certify and license home and mold inspectors, requires home inspectors provide specified disclosure statements and maintain specified insurance policies."

2010 update:  a couple of glitch bills are currently working their way thru the Florida House and Senate which will affect certain aspects of the new Florida Mold law.


Home Inspector Licensing law: F.S. 468.83-468.8324

Mold Inspector/Assessor Licensing Law: F.S. 468.84-468.8423

There are currently 4 bills in the 2010 legislative session that started yesterday that affect or modify the existing laws.

Senate Bill – SB 648 by Senator Bennett
Senate Bill- SB 1330 by Senator Fasano* DBPR backed
These bills can be viewed and tracked at:
www.flsenate.gov

House Bill- HB 663 by Rep. Aubuchon- similar to SB 648 Bennett
House Bill- HB 713 by Rep. Workman- similar to SB 1330-Fasano* DBPR backed
These bills can be viewed and tracked at:
www.myfloridahouse.gov

 

New Florida Mold Law:
also a copy of Florida mold Statutes bottom of this page

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

PART XVI

MOLD-RELATED SERVICES

468.84  Legislative purpose.

468.841  Exemptions.

468.8411  Definitions.

468.8412  Fees.

468.8413  Examinations.

468.8414  Licensure.

468.8415  Renewal of license.

468.8416  Continuing education.

468.8417  Inactive license.

468.8418  Certification of partnerships and corporations.

468.8419  Prohibitions; penalties.

468.842  Disciplinary proceedings.

468.8421  Insurance.

468.8422  Contracts.

468.8423  Grandfather clause.

1468.84  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.

History.--s. 3, ch. 2007-235.

1Note.--Effective July 1, 2010.

IAQA Government Affairs Update

Summary of Activity for June 2007

ATTN:  Douglas Wall

State legislative activity has slowed to a crawl with all but all but nine states having completed their 2007 sessions.  States remaining active are: California, Massachusetts, Michigan, New York, New Jersey, North Carolina, Ohio, Oregon, and Pennsylvania.  While there are some bills of interest to IAQA members in Massachusetts, New York and New Jersey, they do not appear too likely to pass. 

The big news that was reported earlier is that Florida Governor Charlie Crist signed a bill (SB 2234) that establishes a licensing program for mold assessors and remediators.  That bill has been in the making for three years and IAQA participated in a broad coalition that made positive changes to the original bill.  Bills of interest to IAQA members also passed in Colorado, Connecticut, Illinois, Minnesota and Maine.

 
EPAepa 

         Considering Bioaerosol Sampling

http://www.epa.gov/mold/moldcourse/chapter7/lesson2.html

 

"remember that a negative sampling report must not be used in place of a visual survey. Factors such as barometric pressure, inside and outside temperatures, activity levels, and humidity may dramatically reduce or increase the spore levels within a building. Air sampling for mold provides information on what was in the air only for the moment when the sampling occurred. It is important, therefore, that sampling not replace visual inspection."

Most Consumers will not be aware we will have mold regulations in the future, 2010.   

American Indoor Air Quality Council certifications are third party accredited.   AmIAQC requires at least two years experience to even apply for a certification  unlike the certifications from other training organization. 

Remember:
Under the new Florida mold Law  individuals will take 3 to 4 years to get a mold license.

News Article:

The News-Press: Real Estate

Here in Florida, mold and mildew have always been a factor in the construction ... Senate Bill 2234 was adopted by the Florida Legislature on May 3, 2007. ...
www.news-press.com/apps/pbcs.dll/article?

Click here: http://www.news-press.com/apps/pbcs.dll/article?AID=/20070607/RE/706070309/1032/COLUMNISTS

From Tallahassee to Jacksonville, Orlando, Miami even over to Naples consumers should be advised.
In Florida today, it appears we have hundreds of home inspectors collecting air samples, not following accepted industry testing standards (IESO) and determining a structure has a mold problem based soley on the lab analysis of those air samples.
 
YOU SHOULD NEVER DETERMINE IF A STRUCTURE HAS A MOLD"PROBLEM" BASED JUST ON LAB ANALYSIS ONLY.
 

Florida Mold Law

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/part16.htm&StatuteYear=2008&Title=-%3E2008-%3EChapter%20468-%3EPart%20XVI

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.841  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. (2)  The following persons are not required to comply with any provisions of this part relating to mold remediation: (a)  A residential property owner who performs mold remediation on his or her own property. (b)  A person who performs mold remediation 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 remediation for the public. (c)  An employee of a mold remediator while directly supervised by the mold remediator. (d)  Persons or business organizations that are 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 remediator," "registered mold remediator," "licensed mold remediator," "mold remediator," "professional mold remediator," 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 remediation 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 remediation. History.--s. 3, ch. 2007-235; s. 25, ch. 2008-240. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8411  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. (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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8412  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8413  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 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. 1Note.--Effective July 1, 2010.    
Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8414  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8415  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8416  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8417  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8418  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 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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter

1468.8419  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: (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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.842  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; (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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8421  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8422  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. 1Note.--Effective July 1, 2010.

 

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
1468.8423  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. History.--s. 3, ch. 2007-235. 1Note.--Effective July 1, 2010.

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