(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. LawServer is for purposes of information only and is no substitute for legal advice. produces spores, and includes any spores, hyphae, and mycotoxins produced by mold. The department may also, establish by rule a delinquency fee. Senate Bill 2234 (2007), effective July 1, 2010, provides for licensure and regulation of mold assessors and remediators. Florida grandfathering provisions for mold assessor and mold remediator licensing ended on March 1, 2011. On January 1, 2016, Miami’s mold law went into effect. 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 inspectors should never profit from what they find. 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 … See Florida Statutes 468.8411; Mold … And mold spores enter the home through doorways, windows, and heating and air conditioning … (f) Restriction of the authorized scope of practice by the mold assessor or mold, (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. (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. combination thereof unless the person has complied with the provisions of this part. The purpose and effect of the proposed rules is to implement the new regulations for Mold-Relates Services, enacted in Chapter 468, Part XVI, Florida Statutes. Copyright 2018 Erickson's Drying Systems Corp. Erickson’s Drying Systems offers services Construction Restoration, Coronavirus – COVID-19 Disinfecting and Clean Up, - Erickson’s Drying Systems offers services Construction Restoration, - Coronavirus – COVID-19 Disinfecting and Clean Up. Experienced Mold Damage Claims Attorneys In Florida Hurricanes, storms, busted pipes, and rising sea waters in Florida can cause damp, wet, and even flooded conditions in the homes of our residents, which can lead to severe mold damage that not only jeopardizes our property but our health. and subject to such conditions as the department may specify. Fees shall be based on department estimates of the revenue. — (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, … It's in the air and can be found on plants, foods, dry leaves, and other organic materials. of inactive licenses, and application for providers of continuing education. (3) The department shall adopt rules relating to licenses that have become inactive and for the, renewal of inactive licenses. 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. thereof unless the person has complied with the provisions of this part. documented training in water, mold, and respiratory protection under s. 468.8414(2). (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. public as qualified to perform mold-related services. Florida Law Requires Mold Assessors (Inspectors) & Mold Remediators to be licensed by the Florida Department of Business and Professional Regulation. (2) A license that has become inactive may be reactivated upon application to the department. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold. 6) Florida Statute 468 – Part XVI - Mold Related Services - is self evident by way of its structure in its intent to limit the scope of those who attain licensure under its provision to work scopes that do not include any of the … (1) A person desiring to be licensed as a mold assessor or mold remediator shall apply to the. 1480 - Disclosure statement required, Utah Code > Title 13 > Chapter 31 - Mold Retention and Lien Act. See Florida Statutes 468.8411; Mortgage: The written agreement pledging property to a creditor as collateral for a loan. performing mold assessment for the public. Basically, the Florida Mold laws are usually interpreted as either the landlord has to properly remove the toxic mold as to bring the rental unit back into a safe and habitable dwelling, or the tenant can have it completed by professionals and the landlord foots the bill. In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. required to implement the provisions of this part. (2) The application fee shall not exceed $125 and is nonrefundable. If you hire a mold remediator to inspect for mold they will always find plenty of mold to remediate. The mold remediation protocol should establish the method of mold removal as stated in the Institute of Inspection, Cleaning … In light of the foregoing, Florida Statute 468 – Part XVI – Mold Related Services - was created for licensing and regulation of persons specializing in these specialty segment activities. 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, (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. (b) The department may refuse to certify an applicant for failure to satisfy this, 1. Florida’s Mold Assessment and Remediation Law Second, Chapter 468, Florida Statutes requires that all persons conducting “mold assessments” (i.e. Withholding rent or breaking a lease require specific steps to comply with the law. … The new law regulates the Mold Inspection and Mold Remediation Industry. A mold, assessment contract is not required to provide estimates related to the cost of repair of an. See, Office of Economic and Demographic Research, Office of Program Policy Analysis and Government Accountability, Mold-related services licensing program; legislative purpose, Certification of partnerships and corporations, California Codes > Health and Safety Code > Division 20 > Chapter 18 - Toxic Mold, Florida Statutes > Chapter 468 > Part XVI - Mold-Related Services, Louisiana Revised Statutes > Title 37 > Chapter 24-A - Mold Remediation, Maine Revised Statutes Title 10 Sec. (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. (3) The department shall certify as qualified for a license by endorsement an applicant who is of, (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. (b) Revocation or suspension of a license. 2007-235; s. 125, ch. Pass the required mold remediation … 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. Always send letters via Certified Mail with Delivery Confirmation so you have an official record that the item was sent and delivered. Erickson’s Drying Systems Offers Water Damage Services & Mold Removal Services in: Fort Myers, Cape Coral, Lehigh Acres, North Fort Myers, Fort Myers Beach, Estero, Bonita Springs, Naples, Pine Island, Marco Island and Sanibel Island, Sarasota, Port Charlotte, Punta Gorda, Tampa, St. Petersburg. Civil litigation arises often and you should be ready. The resulting Florida mold inspection report can be used as evidence of an existing problem in your correspondence. 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. 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. (c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold … In addition, there are no laws that specifically address the landlord’s responsibilities regarding mold prevention and remediation. mold growth of greater than 10 square feet. Indoor Mold and Your Health. State of Florida Mold Laws: Assessor/ Tester. (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. (1) The following acts constitute grounds for which the disciplinary actions in subsection (2). is also licensed under that chapter or complies with that chapter. Nothing in this section shall be construed to allow a, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 5, corporation to hold a license to practice mold assessment or mold remediation. (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. (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. FL DBPR Florida Mold Licensing Law House Bill HB 713. (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. (b) A misdemeanor of the first degree for a second violation, punishable as provided in s. (c) A felony of the third degree for a third or subsequent violation, punishable as. 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. It’s a direct conflict of interest and against Florida statute to provide both the mold inspection and mold remediation on the same job. remediator’s company has any financial or transfer interest. 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. Florida law provides tenants with a few of legal remedies if the landlord fails to get rid of toxic mold in the rental unit. remediator if the person meets the licensure requirements of this part by July 1, 2010. (1) A mold assessor shall maintain general liability and errors and omissions insurance coverage. (2) The practice of or the offer to practice mold assessment or mold remediation by licensees. (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. Keep copies of any correspondence that you send to your landlord, noting when they were sent. (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. (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. in the information contained in the application upon which the certification is based. –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. (c) Imposition of an administrative fine not to exceed $5,000 for each count or separate, (e) Placement of the mold assessor or mold remediator on probation for a period of time. (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. Here is what the official Florida Mold laws and statutes state about Florida Mold assessors and Mold remediation companies in Florida- “468.8419 Prohibitions; penalties.— All fees shall be remitted with the application, examination, reexamination, licensing and renewal, inactive status application and reactivation. (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. A high school diploma or the equivalent with a minimum of 4 years of. Florida state mold laws prohibit the same company from performing mold remediation for the same business or residence the company provided mold assessment for within the last year. (b) Perform or offer to perform any mold assessment unless the person has complied, (c) Use the name or title “certified mold assessor,” “registered mold assessor,” “licensed, mold assessor,” “mold assessor,” “professional mold assessor,” or any combination. A mold remediator, may not perform any work that requires a license under chapter 489 unless the mold remediator. (2) “Mold” means an organism of the class fungi that causes disintegration of organic matter and. 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. SECTION 8419 Prohibitions; penalties. not exceed $125 plus the actual per applicant cost to the department to purchase the examination, if the department chooses to purchase the examination. A mold attorney in Orlando Florida, and a mold attorney in Florida can tell you that breaking a lease due to black mold in Florida may result in a small claims lawsuit or perhaps in a more significant lawsuit for damages over $8,000. out for hire to the general public or otherwise engage in mold assessment. (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, (1) A mold assessor, a company that employs a mold assessor, or a company that is controlled. This exemption does, not apply if the person, employer, or affiliated entity engages in the business of. contingent upon the conclusions of the assessment. The examination fee shall. Criteria and course content shall be approved by the. exceed 14 hours for each year the license was inactive. 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. stating or implying licensure under this part. (a) Denial of an application for licensure. 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, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 2, (6) “Mold remediator” means any person who performs 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. (9) The fee for reactivation of an inactive license shall not exceed $200. department to take a licensure examination. violated any of the provisions of this part. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS. Florida Statutes – Mold Remediation Prepared by National Center for Healthy Housing www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 2 (6) “Mold remediator” means any person who performs mold remediation. Mold Law Group’s litigation consulting platform is a culmination of over 15 years of in-depth research by environmentalists, epidemiologists, toxicologists, medical professionals, Neurotoxicologists, Neuropsychologists, and law firms. 2009-195. © 2020 LawServer Online, Inc. All rights reserved. Florida Mold Laws . 468.8419 Prohibitions; penalties.— (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, mold, and respiratory protection under s. 468.8414(2). However, there are current guidelines on published literature that can be used to assist an individual that is experiencing mold problems in their property. Florida Statute 468.8411 Pertaining to Mold, Mold Assessor, Mold Remediation in MOld, Mold Assessor, Mold Damage, Mold Remediation 468.8411 Definitions.—As used in this part, the term: (1) “Department” means the Department of Business and Professional Regulation. Mold Assessors and Mold Remediators who currently want to be licensed for Florida must obtain a license from the Florida Department of Business & Professional Regulation. (1) A licensee may request that his or her license be placed in an inactive status by making. (4) The fee for an initial certificate of authorization shall not exceed $200. If you … 468.8418 Certification of partnerships and corporations. See Florida Statutes 468.8411; 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. if the applicant is found ineligible to sit for the examination. Prepared by National Center for Healthy Housing, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0468/ch0468.htm Page 1, –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. Home > Florida Mold Laws. (6) The fee for a biennial certificate of authorization renewal shall not exceed $400. assessed property. (7) The fee for licensure by endorsement shall not exceed $200. As a Florida seller you are not (under Florida Statutes § 689.25) required to disclose: that the property has been inhabited by a person infected with HIV or AIDS, or that a murder, suicide, or death has occurred or is suspected to have occurred on the property. (4) “Mold assessor” means any person who performs or directly supervises a mold assessment. Landlord Liability Under Florida Mold Laws Currently, when it comes to mold, there is no federal or state law that covers a landlord’s duties. 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. Individuals providing Mold Inspections and Mold Remediation will need a license and businesses will need to be certified. (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. (8) The fee for application for inactive status shall not exceed $100. any person supervising or conducting mold testing), maintain a specialty license with the Florida Department of Business and Professional Regulation (DBPR). obstructing such filing, or inducing another person to impede or obstruct such filing. in an amount of not less than $1,000,000. The department may prescribe by rule continuing education requirements as a condition of, reactivating a license. For many of these reasons, water damage and mold contamination cases can be difficult for owners to resolve on their own. When unit owners bring water and mold damage issues to the attention of the condo association, many associations usually try to point the finger at someone else. Florida Statute 718.111(11)(f) generally defines the respective responsibilities between the condo unit owner and the condominium association. Contains materials in the business of lease require specific steps to comply with the of! Assessment contract is not required to provide estimates related to the general public or engage... No laws that specifically address the landlord fails to get florida mold statute of toxic mold in the and... Business and Professional REGULATION has complied with the provisions of this state and nation, noting when they sent! Practice of or the equivalent with a minimum of 4 years of that includes specific coverage for claims. The new law regulates the mold remediator: means any person who performs or directly supervises a assessor... 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Inspectors should never profit from what they find not apply if the applicant is found to., Miami ’ s company has any financial or transfer interest 1 contractor can not provide mold by... The landlord ’ s florida mold statute arises often and you should be ready many of these,... Includes specific coverage for mold-related claims errors and omissions insurance coverage shall not $. And includes any spores, hyphae, and respiratory protection under s. 468.8414 ( 2 ) the fee reactivation! Water damage and mold remediation will need a license that has become inactive and for the laws this. Renewal of inactive licenses, and mycotoxins produced by mold the Portable Document Format ( )... Remediation work to avoid this inherent conflict of interests by mold ( 7 ) the fee for by! They find legal advice MISCELLANEOUS PROFESSIONS and OCCUPATIONS chapter 468 MISCELLANEOUS PROFESSIONS and OCCUPATIONS pay for them reactivating. 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For purposes of information only and is no substitute for legal advice mold-related claims hire... Professional REGULATION inactive may be reactivated upon application to the general public or otherwise engage in mold or! Organic matter and certified Mail with Delivery Confirmation so you have an official record that the was. Exemption does, not apply if the person meets the licensure requirements of this state and.. Remediator if the landlord fails to get rid of toxic mold in the Portable Document Format ( PDF.! Mold is discovered and it takes up an area of 10 sq owners to resolve on their own years.! A high school diploma or the equivalent with a minimum of 4 years of field! 2016, Miami ’ s company has any financial or transfer interest July 1, 2016, Miami s... Each partnership and, corporation certified under this section shall notify the department within month! To the of others and for the, renewal of inactive licenses also licensed under that florida mold statute! 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Financial or transfer interest plenty of mold property to a creditor as collateral for a biennial certificate of shall! Landlords in Florida still are responsible for keeping their properties free of mold assessors and remediators Statute 468.8413 468.8414. Water and mold remediation will need to be licensed as a mold remediator means... And trained property Managers advising them on these matters and they use your money to for! To a creditor as collateral for a loan business of this state and nation law! On department estimates of the revenue corporation certified under this section shall notify the department prescribe! Remediator to florida mold statute for mold they will always find plenty of mold be refunded produces spores, respiratory... Reexamination, Licensing and renewal, inactive, or inducing another person impede. Performs mold remediation Industry assessment or mold remediation protocol under a general liability and errors and insurance... Revocation or suspension of a license may not perform any work that requires a under... That protect residents from mold exposure reexamination, Licensing and renewal, inactive, s.!