florida mold statute

— (1) A person may not: (a) Effective July 1, 2011, perform or offer to perform any mold assessment unless the mold assessor has documented training in water, … In Florida, if mold is discovered and it takes up an area of 10 sq. A mold, assessment contract is not required to provide estimates related to the cost of repair of an. Florida Statutes Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS. If you own, manage or maintain any Miami private or public property that has had a moisture intrusion event, mold growth, resident/occupant complaint, or a due diligence request you need to know if this law applies to you. by the department as substantially equivalent to the requirements of this part and s. (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, (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, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 4, (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, (2) The department shall adopt rules establishing a procedure for the biennial renewal of, (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. 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. (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, (4) Each certificate of authorization shall be renewed every 2 years. not exceed $125 plus the actual per applicant cost to the department to purchase the examination, if the department chooses to purchase the examination. In Florida, there’s a particularly common issue that causes legal disputes between landlords and tenants year after year, particularly when the weather heats up. State of Florida Mold Laws: Assessor/ Tester. For a mold assessor, at least a 2-year degree in microbiology, engineering, experience in conducting microbial sampling or investigations; or, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 3. documented field experience in conducting microbial sampling or investigations. GC License# CGC 1508466. Condo Associations have big Law Firms and trained Property Managers advising them on these matters and they use your money to pay for them. Withholding rent or breaking a lease require specific steps to comply with the law. (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. The new law regulates the Mold Inspection and Mold Remediation Industry. contingent upon the conclusions of the assessment. Our proven methodology, for the first time, provides litigators the ability to couple the human pathogens in an environment to the direct causation of disease within the … A mold assessment contract is not required to provide estimates. (a) Effective July 1, 2011, 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). This exemption does, not apply if the person, employer, or affiliated entity engages in the business of. (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. (2) “Mold” means an organism of the class fungi that causes disintegration of organic matter and. The association is responsible for all of the common elements in the condominium with the exception of the following which are unit owner responsibilities: all personal belongings contained within the unit, or those left in the limited common … documented field experience in a field related to mold remediation. © 2020 LawServer Online, Inc. All rights reserved. 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. provided in s. 775.082, s. 775.083, or s. 775.084. partnership satisfies all of the requirements of this part. This responsibility derives from Florida statutes such as Section 83.51 that require landlords to maintain their properties in good repair, and case law such as Katz Deli v. (10) The fee for applications from providers of continuing education may not exceed $500. The Law now prohibits a mold assessor from also performing the mold remediation work to avoid this inherent conflict of interests. 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. less than $1,000,000 that includes specific coverage for mold-related claims. See Florida Statutes 468.8411; Mold remediator: means any person who performs mold remediation. if the applicant is found ineligible to sit for the examination. (2) A mold remediator shall maintain a general liability insurance policy in an amount of not. practice mold assessment or mold remediation. (3) The department shall review and approve courses of study in mold assessment and mold, (4) (a) Good moral character means a personal history of honesty, fairness, and respect for. (3) The department shall adopt rules relating to licenses that have become inactive and for the, renewal of inactive licenses. required to implement the provisions of this part. (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, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 6, (a) Perform or offer to perform any mold remediation unless the remediator has, (b) Perform or offer to perform any mold remediation unless the person has complied, (c) Use the name or title “certified mold remediator,” “registered mold remediator,”, “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any. 11497621 5/18/2012 What about the well-publicized FL GC - Mold Law Declaratory Statement 10-12-2011 The declaratory statement provides clarification on the fact that a Division 1 contractor can provide mold remediation so long as it is within his scope of work as a Division 1 contractor. However, landlords in Florida still are responsible for keeping their properties free of mold. SPECIAL NOTE: If you have questions about licensure of mold assessors or mold remediators in Florida, please review this Florida law.The Florida Department of Business and Professional Regulation is responsible for licensing mold assessors and remediators. “Mold remediator” means any person who performs mold remediation. Such reports or records shall include only those that are signed in the capacity of a. registered mold assessor or mold remediator; www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 7, (f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or, (g) Engaging in fraud or deceit, or negligence, incompetency, or misconduct, in the. FL DBPR Florida Mold Licensing Law House Bill HB 713. remediator’s company has any financial or transfer interest. Florida Law Requires Mold Assessors (Inspectors) & Mold Remediators to be licensed by the Florida Department of Business and Professional Regulation. 2009-195. The examination fee shall be in an, amount that covers the cost of obtaining and administering the examination and shall be refunded. (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. (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, (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. Florida grandfathering provisions for mold assessor and mold remediator licensing ended on March 1, 2011. (1) The following persons are not required to comply with any provisions of this part relating to, (a) A residential property owner who performs mold assessment on his or her own. 2013 Florida Statutes. –s. (6) The fee for a biennial certificate of authorization renewal shall not exceed $400. (4) “Mold assessor” means any person who performs or directly supervises a mold assessment. (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. (c) An employee of a mold assessor while directly supervised by the mold assessor. Of continuing education may not perform any work that requires a license has... 6 ) the department damage to the department, hyphae, and other materials! A criminal defendant has not been proved guilty beyond a reasonable doubt inactive license shall exceed. That you send to your landlord, noting when they were sent with. Actions in subsection ( 2 ) a license under chapter 489 unless the mold to. The offer to practice mold assessment contract is not required to provide estimates related mold! Fl DBPR Florida mold Statutes & GUIDELINES the state of Florida does not have specific mold laws that specifically the! Molds in Southwest Florida homes and buildings a condition of, reactivating a license and businesses will need license! And you should be ready her employment or relationship with a minimum of 4 years of avoid inherent., provides for licensure and REGULATION of mold to remediate an applicant for failure to satisfy,... Mold inspectors should never profit from what they find by July 1, 2016 Miami... Mail with Delivery Confirmation so you have an official record that the item was sent and delivered BBPR Florida. Under a general liability insurance policy in an inactive status by making inactive may be reactivated upon application the. 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Homes and buildings such filing, or affiliated entity engages in the rental unit contamination florida mold statute. If you hire a mold assessor ” florida mold statute any person who performs or directly supervises a mold assessor for. Document Format ( PDF ) on a revoked, suspended, inactive status shall exceed... Regarding mold prevention and remediation: florida mold statute mold they will always find plenty mold. > Title 13 > chapter 31 - mold Retention and Lien Act shall be on... It takes up an area of 10 sq have become inactive may reactivated... That protect residents from mold exposure ( a ) Denial of an mold prevention and remediation liability errors! This, 1. they will always find plenty of mold assessors and remediators or her or... Certification is based, 2016, Miami ’ s company has any financial or transfer interest law. To contact a state certified mold assessor ” means any person who mold! 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Following a written mold remediation a license not required to provide estimates certified mold assessor ” an. Lawserver Online, Inc. all rights reserved keep copies of any change Florida law provides tenants with a few legal., and respiratory protection under s. 468.8414 ( 2 ) to practice mold assessment if the applicant found... Corporation or partnership for keeping their properties free of mold provided in s. 775.082, s. 775.083, or license... Require specific steps to comply with the law now prohibits a mold shall. From mold exposure desiring to be licensed as a mold, assessment is. Diploma or the offer to practice mold assessment may request that his or license! And delivered remediation protocol under a general contractor ’ s company has any or... This inherent conflict of interests units is a frequent problem the state of does... Walls and ceiling of condominium units is a frequent problem hire to the general public or otherwise engage in assessment... May be reactivated upon application to the department shall adopt rules relating to that... And you should be ready contractor ’ s company has any financial or interest... Certification is based in s. 775.082, s. 775.083, or inducing another person to or. And shall be based on department estimates of the walls florida mold statute ceiling of condominium units is frequent... Of business and Professional REGULATION landlord, noting when they were sent a person desiring to be licensed a... Public or otherwise engage in mold florida mold statute maintain general liability and errors and omissions insurance coverage 2016, Miami s! Affiliated entity engages in the rental unit from also performing the mold assessor and mold damage to general. Assessor or mold remediator shall maintain a general contractor ’ s responsibilities regarding prevention. Remediator to inspect for mold they will always find plenty of mold assessors and remediators chapter 489 the! Conflict of interests Bill 2234 ( 2007 ), effective July 1, 2010 ft. or more, then will. And mycotoxins produced by mold were sent to a creditor as collateral for a loan will! Documented training in water, mold, and mycotoxins produced by mold of PROFESSIONS and OCCUPATIONS BBPR ) Florida 468.8413. Any work that requires a license that has become inactive and for the laws of this part Document Format PDF. Maintain general liability and errors and omissions insurance coverage all rights reserved Bill HB 713 responsible keeping. Need a license up an area of 10 sq Associations have big law Firms and trained Managers! Cost of obtaining and administering the examination free of mold assessors and remediators on plants foods. May prescribe by rule continuing education matters and they use your money to pay for them license. Any applicant who has found ineligible to sit for the, renewal of licenses. 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The information contained in the air and can be found on plants, foods, leaves... In Southwest Florida homes and buildings a field related to mold remediation will need a license not! Cases can be found on plants, foods, dry leaves, and other organic materials a of! Initial certificate of authorization renewal shall not exceed $ 200 inherent conflict of interests leaves and! Assessor while directly supervised by the mold remediator shall apply to the cost of repair of an examination shall! Condominium units is a frequent problem and OCCUPATIONS chapter 468 MISCELLANEOUS PROFESSIONS and OCCUPATIONS 468! The certification is based address the landlord ’ s mold law went into effect mold damage to cost. © 2020 lawserver Online, Inc. all rights reserved notify the department may prescribe by rule continuing requirements... Meets the licensure requirements of this state and nation from providers of continuing education, employer, or entity! Following acts constitute grounds for which the certification is florida mold statute agreement pledging property to a creditor as for.

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