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.

That is the legislative purpose behind Florida’s new mold-related services law, which takes effect on July 1, 2010.

The new law, codified in Chapter 468 of the Florida Statutes, among other things, provides for the licensing of those performing mold-related services, establishes required insurance coverage, and sets forth a handful of prohibitions pertaining to the provision of mold-related services. The law was initially enacted in 2007, but amended in 2010. The following synopsis of specific areas of the law covers those provisions as amended, where applicable.

Are you a mold assessor? A mold remediator?
In the new law “mold assessment” is defined as “… 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.”

“Mold remediation” is defined as “… 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.”

As you can imagine, a “mold assessor” is “… any person who performs or directly supervises a mold assessment[,]” and a “mold remediator” is “… any person who performs mold remediation.” However, with respect to mold remediators, it is important to note that “[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.”

Licensing requirements.
The new law creates the “mold-related services licensing program.” The program, which will be administered by Florida’s Department of Business and Professional Regulation, will contain specific requirements for licensure, including passing an examination, being of good moral character, and satisfying certain education requirements. Both remediators and assessors will be required to have at least a 2-year associate of arts degree or equivalent, with at least 30 semester hours in specific areas, and a minimum of 1 year documented field experience. Those without the 2-year degree can qualify with only a high school degree or equivalent, if they have 4 years of documented field experience in their respective field. The application process will include fingerprinting, and both a state and FBI background check. A person may practice mold assessment or mold remediation through a corporation if they meet all of the requirements; however, corporations will not be allowed to hold a license.

Prohibitions and penalties.
The law includes a list of prohibited conduct, the violations of which carry criminal penalties, including felony charges for certain violations.

With respect to the prohibited conduct, a person violates the statute by:

• Performing (or offering to perform) any mold assessment without the required documented training in water, mold, and respiratory protection (effective July 1, 2011).
• Performing (or offering to perform) any mold assessment without first complying with the statute (effective July 1, 2011).
• Using the following titles without first complying with the statute: “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof.
• Performing or offering to perform 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.
• Charging a fee to inspect any property which the assessor (or the assessor’s company) has any financial or transfer interest.
• Accepting or offering any “compensation, inducement, or reward” from/to a mold remediator or mold remediator’s company for business referrals to/from the mold remediator or the mold remediator’s company.
• Agreeing to make an omission to an assessment, or conducting an assessment where the assessment (or payment for the assessment) is contingent on the conclusions of the assessment.

The legislation also includes a separate list of prohibited conduct directly pertaining to mold remediators, “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[.]” While the list is generally similar to that outlined above (except, of course, that it applies to remediation as opposed to assessment activities), it does not include any July 1, 2011 grace periods.

And be careful! Violations carry criminal penalties: a first violation is a second degree misdemeanor; a second violation is a first degree misdemeanor; and a third or subsequent violation is a third degree felony.

Required Insurance Coverage
The law requires mold assessors to maintain both general liability and errors and omissions coverage (for both preliminary and post-remediation mold assessment) of at least $1 million. Mold remediators are required to maintain general liability coverage of at least $1 million, “… that includes specific coverage for mold-related claims.”

Summary
As with any new law that impacts your business, become thoroughly familiar with it, and make sure that your business practices, including all of your marketing and signage, are compliant.

Please note: This post is not intended to be a complete analysis of this law. Do not use this post as a replacement for competent legal advice.  This post does not cover all aspects of this law, and should not be relied upon in any real-life situation.

For specific information about how this law impacts you, contact a qualified and licensed Florida attorney.