License Requirements, Examination, Delinquent License, Inactive, Active Status, License Renewal, Discretionary Hardship Reinstatement of Null or Void Licenses, Department Approval of Education Providers, Approval of Courses, Disciplinary Guidelines, ...
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NOS.:RULE TITLES:
61-31.101License Requirements
61-31.102Examination
61-31.301Delinquent License
61-31.302Inactive, Active Status
61-31.401License Renewal
61-31.402Discretionary Hardship Reinstatement of Null or Void Licenses
61-31.501Department Approval of Education Providers
61-31.505Approval of Courses
61-31.602Disciplinary Guidelines
61-31.603Notice of Noncompliance
61-31.604Citations
61-31.605Mediation
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 99, May 21, 2013 issue of the Florida Administrative Register.
61-31.101 License Requirements.
(1) For the purposes of department evaluation of applications:
(a) No change.
(b) To establish “documented field experience,” as required by Section 468.8413(2), F.S., an applicant for licensure as a mold remediator must submit a list of fifteen (15) evidence of at least 15 mold assessments or remediation projects performed, in whole or in part, by the applicant or proof of employment in mold remediation mold-related services. To establish “documented field experience,” as required by Section 468.8413(2), F.S., an applicant for licensure as a mold assessor must submit a list of fifteen (15) mold assessment projects performed, in whole or in part, by the applicant or proof of employment in mold assessment services. 15 projects for each 12 month period equals one year of experience.
(c) No change.
(2)(a) through (c) no change.
(d) Submits a complete set of electronic fingerprints through the following procedure:
1. Applicants can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the department. Applicants shall provide the vender the Originating Agency Identification (ORI) number FL 924260Z when submitting fingerprints.
2. Livescan vendors approved by the Florida Department of Law Enforcement may be obtained at http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.
3. Applicants must provide accurate demographic information at the time the fingerprints are taken. The department will not be able to process a submission that does not include a Social Security number (except for AB&T customers that are not citizens of the United States).
a. Applicants shall clearly identify the profession for which they are seeking licensure and submit their fingerprints payment to the vendor.
4. Out of State applicants:
a. Applicants that live out of state may submit fingerprints by requesting a fingerprint card from the Department of Business and Professional Regulation.
b. Once the applicant receives the fingerprint card, the applicant may obtain fingerprints at a local enforcement office.
c. Prior to mailing the fingerprint card, applicants must log onto the Pearson VUE website at https://pearson.ibtfingerprint.com/ in order to submit the card and pay for ink card submission.
d. Upon successful completion, the applicant shall print the confirmation page.
e. Applicants shall mail the completed card and a copy of the confirmation page in a packet to: FLDBPR, Florida Fingerprinting Program, Prints Inc. 119 East Park Avenue, Tallahassee, FL 32301.
(3)(a) No change.
(b) Pass an examination as approved by the Department as described in Rule 61-31.102 61-30.103, F.A.C.
(4)(3)(a) through (b) No change.
(c) Demonstrate that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an examination approved by the department as required by Section 468.8413, F.S.and Rule 61-31.102 61-30.103, F.A.C.;
(5)(4) “Good Moral Character”:
(a)1. A criminal history records check by the Florida Department of Law Enforcement indicating the applicant has pled guilty or nolo contendere to, or been found guilty of, regardless of adjudication, a crime that directly relates to the profession of mold remediation or mold assessment home inspector, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a mold remediator or mold assessor home inspector include, but are not limited to, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury;
2. A criminal history records check by the Florida Department of Law Enforcement which exhibits a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. It is the applicant’s repeated flaunting of or ignoring the law that evidences a lack of the moral character needed to perform the duties and assume the responsibilities of a mold remediator or mold assessor home inspector, not the particular relationship of any one of the violations to the professional responsibilities of a mold remediator or mold assessor home inspector;
3. No change.
4. The presence of prior administrative actions taken against any of the applicant’s prior or current professional licenses held in any jurisdiction, decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of mold remediator or mold assessor home inspector or any related professions, such as construction or engineering. Such administrative actions include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;
5. through 7. No change.
(b) through (d) No change.
(6)(5) No change.
61-31.102 Examination.
(1) Any person desiring an initial license by examination as a mold assessor or remediator must pass one of the written examinations approved by the department for each license type, a list of which may be found at http://www.myfloridalicense.com/dbpr/pro/mold/approved_exams.html.
(2) For purposes of Section 468.8314 468.8313, F.S. “nationally recognized organization” means an organization that has national recognition in the mold assessment or mold remediation industry and certifies persons in the specialty of mold assessment or mold remediation pursuant to standards that have been approved by the department as substantially equivalent to the requirements of Chapter 468, Part XVI, F.S. and Section 455.217, F.S.
(3) through (4) No change.
Rulemaking Authority 455.2035, 455.217(1), 468.8413(5), 468.8424 FS. Law Implemented 455.217, 468.8413 FS. History– New ________.
61-31.402 Discretionary Hardship Reinstatement of Void Licenses.
(1) No change.
(2) Complete the application DBPR MRS 0701 form, effective April 2013, incorporated herein by reference, as adopted in Rule 61-31.101. The form may be obtained by contacting the department at the following address: Mold Related Services Licensing Unit, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at__________________. The application shall include a letter requesting reinstatement under this rule and documentation to establish illness or economic hardship including the nature and duration.
(3) No change.
61-31.505 Approval of Continuing Education Courses.
(1) through (3) No change.
(4)(a) Previous approval by the Construction Industry Licensing Board, the Board of Professional Engineers, the Board of Architecture and Interior Design, the Building Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board, so long as the courses pertain to mold-related services one or more of the eight components of a home;
(b) For Mold Assessment continuing education courses, course topics concerning 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, including water (moisture intrusion), mold and mold safety, and the standards of practice as set forth in Rules 61-31.701 and 61-31.702, F.A.C.;
(c) For Mold Remediation continuing education courses, course topics concerning 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, including water (moisture intrusion), mold and mold safety, and the standards of practice as set forth in Rules 61-31.701 and 61-31.702, F.A.C.
(5) through (8) No change.
