Mold Remediators, Mitigators Licensing, Continuing Education Proposed New Rules Under Consideration
May 22, 2013
The Florida Department of Business and Professional Regulation (“DBPR”) issued a May 21, 2013 Notice on proposed Rules relating to licensing (initial and continuing requirements) and disciplinary procedures for those engaged in mold-related services under Chapter 468, Part XVI, Florida Statutes.
If requested within 21 days of the Notice, the DBPR will schedule a subsequent hearing.
The new law, which became effective in 2011, prohibits individuals and companies from performing mold remediation or mitigation services without carrying a license. Mold assessors must also be licensed.
To view the Notice, which includes the complete proposed Rule texts, click here.
The DBPR estimates that the number of individuals and entities likely to be required to be in compliance with the new regulations is based on the number of Florida home inspectors licensed during the last two years, which is approximately 2,000-both active and inactive. More than 5,000 small businesses are expected to be affected.
The DBPR’s overall database currently holds records on over 4,100 mold-related services licensees.
Declaratory Statement Issued
Shortly after the new mold-related services law became effective in 2011, the DBPR was petitioned by an individual Florida-licensed home inspector for a declaratory statement on whether a Florida-licensed home inspector could perform and advertise mold assessment services on areas measuring less than 10 square feet under certain circumstances.
In the DBPR’s declaratory statement, filed April 1, 2013, the agency affirmed that the Petitioner can inspect, sample and identify visible mold, assuming the visible mold discovered during the home inspection is less than 10 square feet in area. The DBPR also said the Petitioner could also advertise mold testing, sampling and inspections within the scope of his licensure as a home inspector, so long as he does not use the terms “certified mold assessor,” “registered mold assessor,” “licensed mold assessor,” “mold assessor,” “professional mold assessor,” or any combination thereof stating or implying licensure as a mold assessor.
Notably, the DBPR cautioned that its statement addresses only the Petitioner’s questions that apply to his own particular set of circumstances.
The DBPR’s April 1 declaratory statement is attached for review.
Should you have any questions or comments, please contact Colodny Fass& Webb.
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