Florida Licensing Bill - Action Soon

[Jay Schwartz]

OK Gang.

This is the FINAL WARNING> Get the phones and emails going. He MUST SIGN or VETO by Saturday June 30th. I doubt he will let it pass without a signature.

I spent several hours today speaking to many people inside and outside of our industry. Common Joe Public does not like this Bill.

Call Your Competition This Weekend. Let them know their business is at risk.

FABI convention this weekend? Anyone going? FABI gave Crist "Hero of the Year" in 2006.

[gporter]

They gave him the Lou Pearlman award.

[Doug Wall]

This is why Professional mold companies that have enough training and experience and insurance want the Gov to sign the bill.

Home inspector Additional Services:
Mold Inspection - $75.00
* Air Test - $60.00 each
Swab Test - $60.00 each
Tape Lift - $60.00 each
Carpet Test - $60.00 each

So many complain about "cheap" inexperienced, uninsured home inspectors with little training. How do you think the real mold inspectors feel?

3 to 4 weeks to become a home inspector
3 to 4 years to become a mold inspector
I'm glad someone in Tallahassee understands the difference.

You guys have a good weekend, we have to work.
Doug Wall
Radon & Mold Professionals

[Mathew Hawley]

3 - 4 years to become a mold inspector, come on. Do you have a microbiology degree and analize your own samples?

Doug do find high radon levels in your area?

Many people push mold when it's not needed.

[Doug Edwards, CMI]

A very good reason for why these two areas should never have been tied together under one bill.

[Doug Wall]

3 - 4 years to become a mold inspector, come on.
Do you have a microbiology degree and analize your own samples?
Doug do find high radon levels in your area?

Many people push mold when it's not needed.


Mathew,
I don’t feel you need a microbiology degree to perform mold inspections ( I don’t), but you do need adequate training. As for analyzing our own samples, well that’s foolish when there are so many qualified labs such as EMSL. They have analyzed thousands of samples for us and we do occasionally use other Labs. We do have one competitor that has their own lab, I have never understood their reasoning in doing so.
More to the point (I think) the inspector is not qualified:

• If mold inspector isn’t familiar with the ANSI approved IESO testing standards.
• If the mold inspector is not familiar with the IICRC S520 standard for mold remediation.
• If the “mold inspector” just gives the client a lab analysis report only for an inspection report.
• If the mold inspection report does not include source identification, scope of work, Lab analysis, infra red inspection, recommendations based on accepted industry standards.

I don’t have time to go on but taking a one or two day mold class and thinking you are qualified as a mold inspector is naïve in an industry that is evolving constantly.
You never have enough training in the mold business.
We have received certifications and training from
ESA, EAA, AmIAQC, EMSL,PRO LAB, BTS, and many more.
We take classes several times a year and would take more but our time is limited.
Every class you learn something new even in the Pro lab classes we also attend.

A (dumb) simple question for mold inspectors:
Do you ship your samples to the lab with every sample
in it’s own bag or do you put all your samples in one “baggie”?

We have worked with 50 to 60 home inspectors for several years now performing their radon tests and some mold inspections.
I see what they do and the consumer to often does not get what he thinks he pays for.
If you are just doing sampling to find out if an inspection is needed, say so. (read the ad for the Z-5, apparently few inspectors do)

When you advertise mold inspections you should know what you’re doing and prove it with a third party accreditation. Certification by the same group that trains you with no experience requirements ….
Well that’s why we need a mold law.

Ps Radon
We have performed around 13,000 to 14,000 radon tests
And yes we find elevated radon.
FL DOH keeps records all our tests.
FL DOH will tell you 1 out 4 homes tested
in Collier and Lee Country is elevated. That seems to be accurate. 1 out 7 in the rest of the state.
Houses rarely have elevated radon, but condo’s and High
Rises are about 40%(guess) elevated.

We have different opinions, but ask any of the inspectors
we work with, we never hesitate to help if we can.

Back to work
Doug Wall
www.radonmoldhelp.com

[Mathew Hawley]

Doug,

I do agree one can never stop learning and a 3 day class does not make anyone a mold expert.

Collecting mold samples and sending them to a lab does not take a mold expert in my opinion. I agree that the samples should be properly handled and shipped and that many do it incorrectly.

I also feel that some of these labs and inspectors are pushing mold sampling waaay to hard, too borderline unethical levels. Just my opinion though

Thanks for the radon info, thats very interesting. Take care

[John M. Acaron]

Doug Wall;
SO WHAT IS YOUR POINT? If the Home Inspectors you work with, does not have the necessary credentials nor training than there is no one else to blame or criticize than your mediocre company. Good for you if you deal with armatures and non qualify colleagues (Mold & HI).

How do you select your medical doctor? Do you just go to a walking clinic and expect that an internal medicine doctor be a neuro-surgeon or a heart-surgeon... I do agree that you should not take samples and just provide to your client with just the lab results. At least, you should prepare your own report depicting the test procedure, area pictures, equipment use , condition of the day and so forth. Generalizing home inspectors and asking dumb questions does not prove your mediocre point.

Not all HI (s) falls in the category mediocre like such... I love how you display your certificates and membership in good standing (paid). It is like dream land. However, your missing your grade school and high school diplomas to complete your wrap sheet. Do you have a good conduct certificate, I would think that it will help a lot for the continue business success. If I were to display all the credentials, licensed, certifications and membership of my staff we will need several web sites. Displaying, certificates (paid), receipt it just done cut it. Good professional work, and result is what counts. Your charges should reflect professional work perform.

Very simple you hire a cheap inspector you get cheap results or zero. Result varied from inspector to inspector.

You should consider taking NACHI examination and if you can pass the exam than try to join the association just under $300.00. You will have the privilege to meet high end HI with great credentials and solid companies. We are not cheap by any means, we perform to high standards and we charge accordingly. I invite you to visit my web site, you may learn a few things, or you may use it as a reference when information if needed.

INSPECTED ONCE, INSPECTED RIGHT!

Good luck,

John M. Acaron, CHI, CMI
HOMEINSPECTORUSA
</IMG></IMG></IMG></IMG>

[Doug Wall]

John
many of the home inspectors that hire us are NACHI members.
Looked at your site it's pretty but I'm not impressed.
sorry
If our company is mediocre then we are excited to be mediocre.
Our old site is just where we put info, no real effort to dress it up or impress. We do get work from the net but our quality of work IS why we are busy. Since the site shows well on google in our area we're happy.

You seem tense, perhaps you need to relax.
Something I learned when I retired in 95 and started this hobby, radon and mold.
Glad to hear the new mold law won't affect you if it passes.
I wish you luck too, although I seldom rely on luck.
Doug Wall
Radon & Mold Professionals

[rgrizzle]

Just had this sent by my state rep. thought you all would like to see it. It is a summary of the bill, and some other info......

The Florida Senate
PROFESSIONAL STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation
as of the latest date listed below.)
Prepared By: General Government Appropriations Committee
BILL: CS/CS/CS/SB 2234
INTRODUCER: General Government Appropriations Committee, Criminal
Justice Committee, Regulated
Industries Committee, and Senator Wise
SUBJECT: Regulation of Building Inspection Professionals
DATE: April 24, 2007
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sumner Imhof RI Fav/CS
2. Clodfelter Cannon CJ Fav/CS
3. Frederick DeLoach GA Fav/CS
4.
5.
6.
I. Summary:
This bill provides for the following:
Home Inspectors
The home inspector portion of the bill provides requirements for
practice or persons who engage
in home inspections that include:
* Establishing exemptions for governmental employees, certain licensed
persons acting within
the scope of their license and not holding themselves out to the public
as licensed home
inspectors, officers appointed by the courts, utility safety inspectors,
and certified energy
auditors.
* Establishing licensure fees and requirements. The bill provides that
the application and
examination fee shall be limited to $125, plus the per-applicant cost of
the examination to the
department. The examination fee is refundable if the applicant is
determined ineligible to sit
for the examination. The initial license fee and biennial renewal fee
may not exceed $200.
* Licensure requirements that include the completion of a 120 hour
course of study approved
by the department. The Department of Business and Professional
Regulation is authorized to
establish examination and licensing fees by rule.
* Providing for licensure by endorsement, continuing education
requirements, and the licensure
of corporations and partnerships. The bill specifies the personal
liabilities of corporate
officers, partners, agents, employees, and owners for negligence,
misconduct, or wrongful
acts.
REVISED:
BILL: CS/CS/CS/SB 2234 Page 2
* Establishing prohibited acts that are considered misdemeanors of the
first degree.
* Establishing prohibited acts that are subject to disciplinary action
by the department. There is
a maximum fine of $5,000 per violation.
* Providing that the department shall reissue the license of disciplined
home inspectors that
have complied with final orders.
* Providing for the disclosure of certain information to consumers prior
to the home inspector
contracting or commencing a home inspection.
* Requiring home inspectors to maintain a commercial general liability
policy in an amount
not less than $300,000.
* Establishing requirements for home inspection reports.
* Providing a grandfather clause that allows the department to issue to
mold assessors and
mold remediators, who meet certain conditions, licenses that would
expire on January 1,
2010.
The bill authorizes new positions and appropriates funds from department
trust funds to carry out
professional board activities and central administrative functions
required by the bill.
Mold
The mold assessor and mold remediator portion of the bill provides
requirements for practice or
persons who engage in business as a mold assessor or mold remediator
that include:
* Establishing definitions. The definition of mold assessment includes
specific process
requirements, which may or may not include laboratory analysis. The
conditions defined by
the Standard and Reference Guide for Professional Mold Remediation are
defined. The
definition of mold remediator specifies that mold remediators may not
perform work that
requires a license under chapter 489, F.S.
* Rule authority for application, examination, reexamination, licensing,
and renewal fees. The
application and examination fees each have a $125 cap, plus a per
applicant cost the
department may add to the examination fee if the department purchases
the examination. The
fee for an initial license and biennial license renewal may not exceed
$200.
* Establishing examination and licensure requirements. An applicant must
satisfy good moral
character requirements and satisfy certain education and experience
requirements. The
department is required to approve courses of study in mold assessment
and remediation.
* Providing for licensure by endorsement, renewals, and continuing
education requirements.
* Certification of partnerships and corporations.
* Establishes personal liability standards for individuals, partners,
officers, agents, and
employees.
* Establishing prohibited acts that are second degree misdemeanors for
first offenses, first
degree misdemeanors for second offenses, and third degree felonies for
third or subsequent
offenses.
* Establishing disciplinary offenses and penalties, including a maximum
fine of $5,000 per
count.
* Providing a grandfather clause that allows the department to issue to
home inspectors, who
meet certain conditions, licenses that would expire on January 1, 2010.
BILL: CS/CS/CS/SB 2234 Page 3
The Revenue Estimating Conference estimates that, for Fiscal Year
2007-2008, revenues
generated from license fees and application fees in accordance with this
will total $1,071,750.
The bill authorizes the appropriation of three full-time equivalent
positions and $196,161 to carry
out professional board activities and administrative functions provided
for in the bill.
This bill creates parts XV and XVI of chapter 468, Florida Statutes.
II. Present Situation:
Mold
Currently, there are companies in Florida that hold themselves out to be
mold assessors or mold
remediators or conduct mold related services. However, there are no
state guidelines or
educational requirements to be a mold assessor or mold remediator.
2006 Regular Session
Senate Bills 2670 by Senator Crist and 1046 by Senator Bennett both
addressed regulation of
mold assessment and mold remediation but both died in the Senate
Committee on Criminal
Justice. Senate Bill 2670 was amended and reported favorably as a
Committee Substitute by the
Senate Regulated Industries Committee to include home inspectors under
its purview. The bill
was very similar to the HB 315 that was vetoed by the Governor on June
22, 2005. SB 1046 was
a full licensure bill that was also reported favorably as a Committee
Substitute by the Senate
Regulated Industries Committee and favorably with one amendment by the
Senate Commerce
Committee.
2005 Regular Session
During the 2005 Regular Session, SB 590 by Senator Bennett was
introduced to provide for the
regulation of mold assessors and mold remediators under a new part IV of
ch. 489, F.S. It
provided for licensing by the Department of Business and Professional
Regulation through the
Construction Industry Licensing Board. The bill was substantially
amended in the General
Government Appropriations Committee to provide for certification of mold
assessors and mold
remediators, for insurance requirements, and for civil penalties under
the Florida Deceptive and
Unfair Trade Practices Act.1 The provisions of this bill were adopted as
an amendment to HB
315 by Representative Allen on the floor of the Senate.
Governor Bush vetoed House Bill 315 which sought to provide public
protection against the
possibility of fraudulent practices in the unregulated fields of home
inspection, mold assessment,
and mold remediation.
The Governor stated his concern that the bill would have unintended
consequences, including
putting some legitimate and responsible employees out of business. Since
the bill grandfathered
some home inspectors but did not provide for the grandfathering of
responsible and experienced
mold assessors and remediators, the Governor stated that this would
likely put employees and
1 Sections 501.201 - 501.213, F.S.
BILL: CS/CS/CS/SB 2234 Page 4
companies that cannot complete the bill's education and training
requirements by January 1,
2006, out of business.
The Governor stated that the bill was somewhat ambiguous and lacked
clear guidance to the
industry in some areas including a lack of clear educational and
examination requirements.
While the bill required training, the Governor stated that there were no
specifics regarding the
kind of curriculum and/or standards necessary for home inspectors, mold
assessors, or mold
remediators. The Governor further stated that the bill appeared to
arbitrarily require high school
and college degrees while presenting no clear reasons for the
requirements.
The Governor stated that there was some question about whether the
mold-specific insurance
policy required for mold assessors and a general liability insurance
policy with a mold insurance
pollution rider required for non-contracting mold remediators, both in
an amount not less than $1
million, would be available by the required date of October 1, 2005. The
Governor stated that
there was a further concern that this will have the unintended effect of
allowing insurers to deny
payments for mold claims under a homeowner policy if work on a home has
been performed by
a mold assessor or remediator.
The Governor stated that he agreed with the bill's sponsors that
additional consumer protection
was warranted in these fields. He directed the Secretary of the
Department of Business and
Professional Regulation to work with the various stakeholders during the
interim to develop
proposed legislation. The department conducted workshops on mold
assessment and remediation
and a workshop on home inspections.2 The workshops culminated in a
report issued on
February 2, 2006, regarding alternatives to licensure.3
2004 Regular Session
The Senate President approved an interim project to review mold
regulation during the 2004
interim. The staff report4 indicated that there has been a heightened
awareness of the effects of
exposure to mold. The report attributed the heightened awareness, in
part, to an increase in
litigation over mold related issues, the insurance companies responding
by limiting coverage for
mold damage, and hundreds of businesses (just in South Florida)
sprouting up and touting their
services as mold remediators.
According to a report issued by the Centers for Disease Control and
Prevention (CDC), molds
are ubiquitous in nature and grow almost anywhere indoors and outdoors.5
The report states that
more than 1,000 different kinds of indoor molds have been found in U.S.
homes. Mold spores are
easily spread because they are small, light-weight and able to survive a
long time and under most
conditions. Mold growth is stimulated by warm, damp, and humid
conditions.
2
http://www.myflorida.com/dbpr/os/hot_topics/home_inspec_mold_wkshop.shtm
l (last visited February 5, 2006).
3 The Department of Business and Professional Regulation issued a report
on February 2, 2006, entitled Alternatives to
Licensure Stakeholder Workshops on Home Inspectors and Mold Assessment
and Remediation.
4 Review of Mold Regulation, Report No. 2004-158, Committee on Regulated
Industries, Florida Senate, December 2003.
5 State of the Science on Molds and Human Health, Statement of Stephen
C. Redd, M.D., Chief, Air Pollution and Respiratory
Health Branch National Center for Environmental Health, July 18, 2002.
BILL: CS/CS/CS/SB 2234 Page 5
Mold is defined as a typical fungus which consists of a mass of
branched, tubular filaments
enclosed by a rigid cell wall. The filaments, called hyphae, branch
repeatedly into complicated
radially-expanding networks called mycelium, which makes up the body of
the typical fungus.
The mycelium grows by utilizing nutrients from the environment and, upon
reaching a certain
stage of maturity, forms - either directly or in special fruiting bodies
- reproductive cells called
spores.6
Toxic substances produced from the fungus are called "mycotoxins." They
occur in great
numbers and variety and the effects can include hallucination, skin
inflammation, severe liver
damage, hemorrhages, abortion, convulsions, neurological disturbances,
and death in livestock
and humans.7
The CDC is currently working with federal, state, local, and tribal
governments to investigate
and respond to mold-related problems. It has assisted the U.S.
Environmental Protection Agency
(EPA) Indoor Environments Division in the development of a guide for
mold remediation in
schools and large buildings and is developing a brief guide to mold for
homeowners.
An individual, company, or employee of the United States, state, city,
and county government
that engages or offers to engage in the business or profession of
performing any mold-related
activity for compensation is not regulated in the state. However,
engineers and persons engaging
in the business of pest control under chs. 471 and 482, F.S., who
perform mold-related activities
in the scope of their licensure, are regulated.
The regulation of construction contracting is governed by part I of ch.
489, F.S., and is
administered by the Construction Industry Licensing Board within the
Department of Business
and Professional Regulation. Contractors are divided into Division I and
II categories. Division I
contractors include general, building, and residential contractors.
Division II contractors are
those contractors typically referred to as "subcontractors" that include
professions such as
plumbing, mechanical, and air-conditioning contracting.
Licensed engineers practicing engineering is defined, in part, by s.
471.005, F.S., to mean a
person engaged in any service or creative work, the adequate performance
of which requires
engineering education, training and experience in the application of
special knowledge of the
mathematical, physical, and engineering sciences to such services,
insofar as they involve
safeguarding life, health, or property.
The United States Environmental Protection Agency has prepared
information to assist
individuals in determining when the mold situation may be handled
in-house by a person
responsible for building maintenance or when an outside contractor
should be contacted.8
6 Encyclopedia Brittanica website <
http://www.britannica.com/eb/article?tocId=57951 (last visited February
2, 2006).
7 Encyclopedia Brittanica website
http://www.britannica.com/eb/article?tocId=9054528 (last visited
February 2, 2006).
8 Mold Remediation in Schools and Commercial Buildings, U. S.
Environmental Protection Agency, Office of Air and
Radiation, Indoor Environments Division, EPA 402-K-01-001, March 2001,
http://www.cdc.gov/mold/default.htm (last
visited, February 2, 2006).
BILL: CS/CS/CS/SB 2234 Page 6
Home Inspectors
Current Florida law does not license or regulate the practice of home
inspectors. There are an
estimated 3,000 home inspection entities in Florida.9 Generally, the
home inspector provides an
inspection to a buyer just prior to the sale of the home. The home
inspector looks for visually
obvious problems with the home and reports any problems to the buyer who
may consider
having them corrected by the seller before closing the sale. A home
inspector is not required to
report to the customer possible conflicts of interest and is under no
obligation to maintain the
confidentiality of a home inspection report.
The existence and level of home inspector regulation varies from state
to state.10 For example,
Georgia law requires home inspectors to provide written documents to
customers containing
certain information, including the scope of the inspection, the
structural elements and systems to
be inspected, that the inspection is a visual inspection, and that the
home inspector will notify, in
writing, the person on whose behalf such inspection is being made of any
defects noted during
the inspection.11 In Alabama the rules require individuals performing
home inspections to be
licensed by the Alabama Building Commission.12 The Alabama Standards of
Practice and Code
of Ethics are adopted from the American Society of Home Inspectors
(ASHI) Standards of
Practice and Code of Ethics.13 The Alabama law also outlines educational
and experience
requirements to become licensed, sets license fees and insurance
requirements, and defines
penalties under which licensure may be suspended or revoked.14 Louisiana
created the
"Louisiana Home Inspectors Licensing Act" in 1999. It creates a state
board within the
Department of Economic Development and requires the board to establish
minimum
qualification for licensing .15
2006 Regular Session
As originally introduced, SB 2670 by Senator Crist provided for the
practice of home inspection
services under a new s. 501.935, F.S. The bill provided definitions of
terms and established
requirements for the practice of home inspection services. It provided
exemptions for certain
persons from the provisions of the bill and it prohibited certain acts.
The bill required home
inspectors to maintain liability insurance and provided for the
enforcement of violations as a
deceptive and unfair trade practice. The bill was amended in the Senate
Regulated Industries
Committee to include provisions dealing with mold assessment and mold
remediation.
2005 Regular Session
During the 2005 Regular Session, SB 1830 by Senator Argenziano was
introduced to provide for
the regulation of home inspectors under a new s. 501.935, F.S. It
provided for statements of
9 The Department of Business and Professional Regulation obtained this
information from the Florida Association of
Building Inspectors.
10 The National Association of Certified Home Inspectors (NACHI) reports
that there are at least 17 states that license home
inspectors.
11 Ga. Code Unann. s. 8-3-331 (2001).
12 Alabama Building Commission, Alabama Home Inspectors Registration
Program, Chapter 170-x-24-.03.
13 Id. at Chapter 170-x-25-02.
14 Al. Code s. 34-14B-1 - 9 (1975).
15 Chapter 17-A of Title 37, La. Code.
BILL: CS/CS/CS/SB 2234 Page 7
practice to be established by the Department of Business and
Professional Regulation. The bill
provided for licensure for professional home inspectors. It provided
eligibility criteria that
included courses of study and examination requirements. The bill
provided for exemptions and a
grandfathering provision. It prohibited certain acts and provided for
licensing fees. It required a
general liability insurance policy in the amount of $300,000, prohibited
home inspectors from
providing cost estimates, provided reciprocity, and established
continuing education
requirements. It provided that violations of the provisions of the act
constituted a deceptive and
unfair trade practice under part II of ch. 501, F.S.16
The bill was substantially amended in the Senate Regulated Industries
Committee to delete
provisions providing for an advisory council, licensure requirements,
administrative complaints
and discipline, fees, continuing education, and reciprocity with other
states. It provided that
home inspectors were not regulated by any state agency, but that
violations of the section could
be actionable as an unfair and deceptive trade practice under part II of
ch. 501, F.S. It provided
for exemptions for certain licensed professionals, requirements for
liability insurance, training,
continuing education requirements, and restrictions on the use of the
term "home inspector." It
provided for criminal penalties for certain violations of the section.
The bill was amended on the floor of the Senate to add the certification
of mold assessors and
mold remediators. The companion bill, HB 315 was passed that included
the certification for
both professions.
Sunrise Analysis
Section 11.62, F.S., sets forth the criteria for the legislative review
of proposed regulation of
unregulated functions. It provides that the intent of the Legislature is
not to regulate a profession
unless:
* It is necessary to protect the public health, safety, or welfare from
significant and discernible
harm or damage and that the police power be exercised only to the extent
necessary for that
purpose.
* Regulation does not unnecessarily restrict entry into the practice of
the profession or
occupation or adversely affect the availability of the professional or
occupational services to
the public.
The section requires that the Legislature consider five factors in
determining whether to regulate
a profession or occupation:
* Whether the unregulated practice of the profession or occupation will
substantially harm or
endanger the public health, safety, or welfare, and whether the
potential for harm is
recognizable and not remote.
* Whether the practice of the profession or occupation requires
specialized skill or training,
and whether that skill or training is readily measurable or quantifiable
so that examination or
training requirements would reasonably assure initial and continuing
professional or
occupational ability.
16 Florida Deceptive and Unfair Trade Practices Act, ss.
501.201-501.213, F.S.
BILL: CS/CS/CS/SB 2234 Page 8
* Whether the regulation will have an unreasonable effect on job
creation or job retention in
the state or will place unreasonable restrictions on the ability of
individuals who seek to
practice or who are practicing a given profession or occupation to find
employment.
* Whether the public is or can be effectively protected by other means.
* Whether the overall cost-effectiveness and economic impact of the
proposed regulation,
including the indirect costs to consumers, will be favorable.
The Senate Regulated Industries Committee sent Sunrise Questionnaires to
interested groups on
regulation of mold remediation and assessment and home inspectors.17
Provided are some of the
responses of the proponents of mold remediator and assessor regulation
and home inspector
regulation.
* The National Association of Home Inspectors (NAHI) claimed that there
is real danger in
having unregulated home inspectors due to the increased risk associated
with buying and
selling a home, continually increasing home values in Florida, level of
homes being bought
and sold, the complexity of systems and components of a home and the
inability of realtors to
advise clients on specific systems and components of a home.
* NAHI claims that there are approximately 3,000 to 3,500 individuals or
businesses that
would be subject to regulation.
* Proponents of home inspector regulation cited to a 1994 House of
Representatives Study
which concluded that there was a need for regulation of home inspectors.
The 1994 study
estimated that were 600-1000 persons practicing home inspection. The
proponent states that
it is reasonable to assume that that number has grown since Florida's
population has grown
from 14.2 million in 1994 to 18.1 million in 2007. Permits for new
construction on single
family homes have increased from 120,000 in 1994 to 200,000 in 2006. The
proponent states
that these facts in addition to the increased number of hurricanes are
reasons for the increased
need of regulation.
* Concerned comments came from one home inspector who stated that in an
unregulated
profession of home inspectors the consumer realizes that it is a caveat
emptor (buyer beware)
environment. The danger arises when the state creates a low bar
regulation that lulls the
public into believing that all regulated home inspectors are qualified
when they have only
taken a 150 hour class. The inspector did state that successful passing
of tests with an
experience requirement might work if the right tests were used.
* Proponents of mold regulation stated that with the increased number of
hurricanes and storm
surges over the last several years there has been an increased
prevalence of mold in buildings
in Florida. Consumers are financially harmed due to the ability of
unscrupulous individuals
to overcharge for mold assessments or remediations.
Proponents of regulation of mold remediation and assessment claim that
reasonable regulation
will drive out unscrupulous or untrained persons who could harm the
public, and as a result, an
environment of trust will be created between the public and the
industry.
17 Copies of the questionnaires are on file in the Senate Regulated
Industries Committee.
BILL: CS/CS/CS/SB 2234 Page 9
III. Effect of Proposed Changes:
Home Inspectors
The bill provides for the licensure and regulation of private home
inspection services and creates
part XV of Chapter 468, F.S.
Exemptions
The bill establishes exemptions for:
* An authorized government employee of the United States, Florida, or
any municipality,
county or other political subdivision who conducts home inspections
within the scope of that
employment.
* A person acting within their authorized scope of practice as licensed
under federal, state, or
local codes or statutes, except when they hold themselves out for hire
to the public as a home
inspector.
* Officers appointed by the courts.
* Safety inspectors for utility companies under the Public Service
Commission jurisdiction.
* Certified energy auditors performing energy audits under ch. 366, F.S.
Definitions
"Home inspection services" is defined to mean a limited visual
examination of one or more of
the readily accessible installed systems and components of a home,
including the structure,
electrical system, HVAC system, roof covering, plumbing system, interior
components, exterior
components, and site conditions that affect the structure, for the
purpose of providing a written
professional opinion.
Fees
The bill establishes licensure fees and requirements. The application
and examination fee may
not exceed $125, plus the per-applicant cost to the department to
purchase the examination. The
examination fee is refundable if the applicant is determined ineligible
to sit for the examination.
The initial license fee, licensure by endorsement fee, change of status
application fees and
biennial renewal fee may not exceed $200. The fee for applications from
providers of continuing
education may not exceed $500.
The department states that this section does not make clear that the fee
is $125 for application
and examination.
Examinations
The bill provides examination requirements for licensure that include
the completion of a 120
hour course of study approved by the department that includes:
* Structure.
BILL: CS/CS/CS/SB 2234 Page 10
* Electrical system.
* HVAC system.
* Roof covering.
* Plumbing system.
* Interior components.
* Exterior components.
* Site conditions that affect the structure.
Licensure
To become a licensed home inspector a person can either pass the
licensure exam or receive a
license by endorsement from another state or territory of the United
States. It permits renewal of
a license upon proof that continuing education requirements have been
satisfactorily completed.
It allows for licenses to be placed on inactive status upon application
to the department. Upon
application and the prescribed fee (not to exceed $200) a license can be
reactivated.
Continuing Education
The bill provides for 14 hours of continuing education every two years
and allows the
department to prescribe by rule additional continuing education hours
not in excess of 25 percent
of the total hours required, for failure to complete the required hours
for renewal.
Certificates of Authority
It allows the department to issue certificates of authority to
corporations or partnerships that
practice or offer home inspection services to the public through their
licensed employees and
requires renewal every two years.
Prohibitions
It prohibits a licensee from:
* Practicing or offering home inspection services without being properly
licensed.
* Using the title "certified home inspector" or similar titles without
being licensed.
* Using the license of another.
* Knowingly giving false or forged evidence to the department.
* Using a suspended or revoked license.
* Offering to perform repairs prior to closing if the licensee prepared
the home inspection
report.
* Inspecting properties that the licensee or the licensee's company has
any financial interest in.
* Inducing a broker or agent to refer homeowners to the licensee or the
licensee's company.
* Falsifying a report for a fee.
Persons in violations of these provisions commit a first degree
misdemeanor, which is punishable
by up to a year imprisonment and a $1,000 fine.
BILL: CS/CS/CS/SB 2234 Page 11
The bill establishes prohibited acts that are subject to disciplinary
action by the department. It
allows the department to deny a licensure application, to suspend or
revoke a license, to issue
fines of not more than $5,000, to reprimand, to place on probation, and
to restrict the scope of
practice.
It provides that the department reissue the license of disciplined home
inspectors that have
complied with final orders.
Disclosures
The bill requires the home inspector to provide certain disclosures
before contracting or
commencing a home inspection. These include producing a copy of their
license and a disclosure
of whether they maintain the required liability insurance, scope and any
exclusions of the
inspection and a statement of their experience that includes the number
of years of experience.
Insurance
Home inspectors would be required to maintain a commercial general
liability policy in an
amount not less than $300,000 and establishes requirements for home
inspection reports.
Home Inspection Report
The bill requires a home inspection report on inspected systems and
components that are
significantly deficient or near the end of their service lives.
Grandfathering
The bill includes a grandfather clause that allows a person who performs
home inspection
services to qualify to be licensed by the department as a home inspector
if the person meets the
licensure requirements by July 1, 2010.
Mold Assessors and Remediators
The bill provides requirements for licensure and regulation of mold
assessment and remediation
and creates Part XVI of Chapter 468, F.S.
Exemptions
The bill establishes certain exemptions including:
* A residential property owner who performs mold assessment on his or
her own property.
* A person who performs mold assessment on property owned or leased by
that person, the
person's employer, or an affiliate of the employer as long as the
persons are not engaging in
the business of performing mold assessment for the public.
* A full-time employee engaged in routine maintenance of public and
private buildings,
structures, and facilities, which does not otherwise hold him/her out
for hire.
BILL: CS/CS/CS/SB 2234 Page 12
* Employees of mold assessors and remediators while directly supervised
by the mold assessor
or remediator.
* Division I and Division II contractors licensed under ch. 489, F.S.
* Engineers licensed under ch. 471, F.S.
* Architects and interior designers licensed under part I of ch. 481,
F.S.
* Pest control organizations and persons licensed pursuant to ch. 482,
F.S.
* Persons acting on behalf of an insurer pursuant to part VI of ch. 626,
F.S., when acting within
the scope of their licenses and not holding themselves out to the public
as mold assessors or
words to that effect.
* Individuals working in the manufactured housing industry licensed
under ch. 320, F.S.
* Authorized employees of the United States, the State of Florida, or
any municipality, county,
or other political subdivision, or public or private school.
Definitions
The bill establishes definitions. "Mold assessment" is the 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 ten square feet.
"Mold remediation" is defined to mean the removal, cleaning, sanitizing,
demolition, or other
treatment, including preventive activities of mold or mold-contaminated
matter of greater than
ten square feet that was not purposely grown at that location. It
specifies that mold remediators
may not perform work that requires a license under ch. 489, F.S.
Fees
The bill provides the department with rule authority for application,
examination, reexamination,
licensing, and renewal fees. The application and examination fees each
have a $125 cap, plus a
per applicant cost the department may add to the examination fee if the
department purchases the
examination. The fee for an initial license and certificate of
authorization may not exceed $200.
The biennial license renewal and certificate of authorization may not
exceed $400. The fee for
licensure by endorsement and reactivation of an inactive license may not
exceed $200. The fee
for application for inactive status may not exceed $100. The application
fee from providers of
continuing education may not exceed $500.
Examinations
An applicant must satisfy good moral character requirements and for a
mold remediator, have at
least a two-year degree in microbiology, engineering, architecture,
industrial hygiene,
occupational safety, or a related field of science from an accredited
institution and a minimum of
one year of document field experience in a field related to mold
remediation and satisfy certain
education and experience requirements.
A mold assessor must have at least a two year degree in microbiology,
engineering, architecture,
industrial hygiene, occupational safety, or a related field of science
from an accredited institution
BILL: CS/CS/CS/SB 2234 Page 13
and a minimum of one year of documented field experience in conducting
microbial sampling or
investigations and satisfy certain education and experience
requirements.
If the applicant satisfies all these requirements but is found to lack
good moral character the
department must provide a complete record of evidence on which the
determination was based.
Licensure
The bill provides that for a person to be licensed they must meet the
educational requirements, be
of good moral character and pass the licensing exam.
It allows for licensure by endorsement if the person:
* Has met the educational requirements;
* Is of good moral character;
* Has passed a certification examination offered by a nationally
recognized organization that
certifies persons in the specialty of mold assessment or mold
remediation which has been
approved by the department as substantially equivalent to the
requirements of this section
and s. 455.217; or
* Holds a valid license to practice mold assessment or mold remediation
by another state or
territory of the United States.
The bill provides for the certification of partnerships and
corporations, but specifies that a
corporation cannot hold a license to practice mold assessment or
remediation.
It establishes personal liability standards for individuals, partners,
officers, agents, and
employees.
It establishes prohibited acts that are second degree misdemeanors for
first offenses, first degree
misdemeanors for second offenses, and third degree felonies for third or
subsequent offenses. A
second degree misdemeanor is punishable by no more than 60 days
imprisonment and a $500
fine, a first degree misdemeanor is punishable by no more than a year
imprisonment and a $1000
fine, and a third degree felony is punishable by imprisonment not
exceeding five years and a
$5000 fine. Conviction of a felony also results in loss of civil rights.
It establishes disciplinary offenses and penalties, including a maximum
fine of $5,000 per count.
The bill does not authorize the department to assess costs associated
with investigation or
prosecution.
Insurance
The bill requires that mold assessors and remediators maintain general
liability and errors and
omissions insurance coverage in an amount of not less than $1 million.
BILL: CS/CS/CS/SB 2234 Page 14
Contracts
Contracts to perform mold assessment or mold remediation must be in
document or electronic
record, signed or otherwise authenticated by the parties. The contracts
are not required to provide
estimates.
Grandfathering
The bill includes a grandfather clause that allows the department to
license mold assessors or
remediators that meet licensure requirements by July 1, 2010.
Appropriation and Positions
The bill provides $196,161 from the General Revenue Fund and authorizes
three full-time
equivalent positions to carry out professional board activities and
administrative functions
provided for in the bill.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Persons seeking to meet the statutory requirements for practicing mold
assessment, mold
remediation, and home inspections will incur costs for licensing,
education and insurance.
C. Government Sector Impact:
According to the department, the Florida Association of Building
Inspectors estimates
that there could be as many as 3,000 home inspection entities in Florida
and at least 215
mold inspection applications (based on the number of mold assessors and
remediators in
Texas). The department states that the bill also requires the licensure
of each employee
BILL: CS/CS/CS/SB 2234 Page 15
performing inspection services and therefore the ultimate number of home
inspectors is
indeterminate. The Revenue Estimating Conference estimates that, for
Fiscal Year 2007-
2008, license fees and other application fees will generate a total
$1,071,750. The bill
authorizes the appropriation of three full-time equivalent positions and
$196,161 to carry
out professional board activities and administrative functions provided
for in the bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
This Senate Professional Staff Analysis does not reflect the intent or
official position of the bill's introducer or the Florida Senate.

BILL: CS/CS/CS/SB 2234 Page 17
VIII. Summary of Amendments:
None.
This Senate Professional Staff Analysis does not reflect the intent or
official position of the bill's introducer or the Florida Senate.

[gporter]

Originally Posted by Doug Wall

John
many of the home inspectors that hire us are NACHI members.
Looked at your site it's pretty but I'm not impressed.
sorry
If our company is mediocre then we are excited to be mediocre.
Our old site is just where we put info, no real effort to dress it up or impress. We do get work from the net but our quality of work IS why we are busy. Since the site shows well on google in our area we're happy.

You seem tense, perhaps you need to relax.
Something I learned when I retired in 95 and started this hobby, radon and mold.
Glad to hear the new mold law won't affect you if it passes.
I wish you luck too, although I seldom rely on luck.
Doug Wall
Radon & Mold Professionals

Hi DOUG WALL can you pat yourself on the back anymore

[Doug Wall]

Gary,
Yes , I am not a home inspector.

it's been fun boys, on to important things.
I'll leave you kids alone.
Bye
Doug Wall, CIE

[John Bowman]

Every time I see a loaf of bread, I see mold...

[Bruce M. Graham, III]

Hey Gary did Doug just take his ball and go home?

[gporter]

Originally Posted by bgraham

Hey Gary did Doug just take his ball and go home?

Yes he is a pro and we are just high school.