Florida Mold Law update

[Douglas Wall]

Florida DBPR announces mold bill implementation
Mold Related Services

http://www.myflorida.com/dbpr/pro/mold/index.html
[last updated 7/15/09]
Senate Bill 2234, which provides for licensure and regulation of mold assessors and remediators, becomes effective on July 1, 2010. Senate Bill 2234 does not provide for a Board of Mold Assessors and Remediators. The program will be administered by the Department of Business and Professional Regulation. Prior to the effective date of the bill, the department will begin its implementation process, because rulemaking is necessary to establish education, examination and experience criteria.
Implementation: Over the summer, we will begin working with stakeholders to establish a regulatory structure for this profession. The department will work with its stakeholders to explore every feasible option, including certification examinations offered by nationally recognized organizations. Our desired goal is to have all requirements in place, including application forms and Web information, by July 1, 2010, so that we may begin accepting applications for licensure on that date. However, please bear in mind that the rulemaking process may be subject to challenges by interested parties that may require workshops or hearings. The department will ensure that all affected parties have ample opportunity for grandfathering or licensure prior to taking any enforcement activity.
Grandfathering: With regard to grandfathering, Section 468.8423, Florida Statutes, provides that persons who perform mold assessment or mold remediation “may qualify to be licensed by the department…if the person meets the licensure requirements of this part by July 1, 2010.” As written, there appears to be no clear distinction between a grandfather applicant and applicants who have no prior mold experience. Part of our work this summer will be to work with stakeholders to develop recommendations to the Legislature to clarify the standards applicable to businesses who have historically provided this service.
Enforcement: After the law becomes effective, the department will ensure that all affected parties have ample opportunity for grandfathering or licensure prior to taking any enforcement activity.

[Joseph Burkeson, CMI]

Doug,

In the original bill I believe there was an exemption for home inspectors regarding contamination of less than 20 square feet, has anything changed?

[Douglas Wall]

Florida now has the Mold statutes listed on their website:
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

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.

Latest rumor is the test used by the AmIAQC for their CMI (certified microbial investigator) will be bought by the state for the mold assessor license. Seems the IAQ has been working with the state on tests/training for over ten years. Just a rumor but makes sense to me.
340 days to go may get rid of the low ballers if they have to buy insurance.

[Nick Gromicko]

We'll soon be announcing ways InterNACHI will be able to help members acquire their licenses including providing documentation that demonstrates the length of time each member has been inspecting for mold.