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.
Florida Statutes – Mold Remediation
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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.
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(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.
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(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.
Florida Statutes – Mold Remediation
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Note.
–Effective July 1, 2010.
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468.8415 Renewal of license.
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(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.
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(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.
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(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.
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(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.
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(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.
1
Note.
–Effective July 1, 2010.
1
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.
1
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.