Florida's New Mold Law

GLE Associates, Inc. (GLE) is pleased to present the following information to clarify some of the key points of the State of Florida’s recently enacted laws governing the work of individuals performing Mold Assessments.

Enforcement Dates
Senate Bill 2234, enacted June 27, 2007 as Chapter 468, Part XVI, Florida Statutes, provided for licensure and regulation of mold assessors and remediators. Chapter 468, Part XVI, Florida Statutes, became effective July 1, 2010, and provided that the mold related services licensing program will be administered by the Department of Business and Professional Regulation (DBPR). The DBPR is responsible for licensure and enforcement of this profession.

Although the law became effective July 1, 2010, Florida House Bill 713 delayed unlicensed enforcement until July 1, 2011. The educational requirements and testing for this new profession were not available before July 1, 2010. Therefore, this delay will allow all initial applicants the necessary time to complete educational and experience requirements and testing to meet the licensure requirements. In addition, this delay will enable affected parties to identify any unintended consequences of the new legislation and present solutions during the 2011 Legislative Session.

Summary of the Law
According to 468.84, the legislature created within the DBPR the mold-related services licensing program. The Legislature found 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.

As part of these mold-related services, the Legislature defined two activities that would be subject to these regulations – mold assessors and mold remediators. This paper focuses on mold assessor requirements. In 468.8411, Definitions: A “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. And a “mold assessor” means any person who performs or directly supervises a mold assessment.

Educational requirements are outlined in 468.8413 Examinations. This section states that an applicant may practice in Florida as a mold assessor if he or she passes the required examination, is of good moral character, and completes one of the following requirements:

1. For a mold assessor, at least a 2-year associate of arts degree, or the equivalent, with at least 30 semester hours 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
2. A high school diploma or the equivalent with a minimum of 4 years of documented field experience in conducting microbial sampling or investigations.
According to 468.8414 Licensure, the DBPR shall license any applicant who the DBPR certifies is qualified to practice mold assessment. This means that each State Licensed Mold Assessor will have to be in possession of a State of Florida issued Mold Assessor license.

To ensure that Mold Assessors remain current, as this industry continues to develop, 468.8416 Continuing Education, requires for license renewal that the licensee submit satisfactory proof that during the 2 years prior to his or her application for renewal the licensee has completed at least 14 hours of continuing education. The continuing education criteria and course content shall be approved by the DBPR by rule.

Outlined in 468.8419 Prohibitions; penalties. 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.

Another important requirement of the new law includes 468.8421 Insurance, which states that a mold assessor shall maintain general liability and errors and omissions for both preliminary and postremediation mold assessment insurance coverage of at least $1 million.

As stated above, to ensure that Mold Assessors remain current, as this industry continues to develop, 468.8416 Continuing Education, requires for license renewal that the licensee submit satisfactory proof that during the 2 years prior to his or her application for renewal the licensee has completed at least 14 hours of continuing education. GLE is proud to announce that we have received Continuing Education Course approval from the State of Florida for two separate 8-hour continuing education classes. These two classes include one on Mold Assessment and one on Mold Remediation. GLE will keep you posted as we begin to offer these courses.

We trust that you will find the above information and useful and look forward to assisting you with any mold-related issues that you may encounter.

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