Susan E. McDonough; Petitioner seeks a Declaratory Statement from the Department with the following questions: (a) Are there any requirements or policies of the DBPR that would require Petitioner to utilize an accredited laboratory or method to ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-31.701Minimum Standards and Practices for Mold Assessors

NOTICE IS HEREBY GIVEN that DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION has received the petition for declaratory statement from Susan E. McDonough. The petition seeks the agency's opinion as to the applicability of Chapter 468, Part XVI, Florida Statutes, and Rule 61-31, Florida Administrative Code as it applies to the petitioner.

Petitioner seeks a Declaratory Statement from the Department with the following questions: (a) Are there any requirements or policies of the DBPR that would require Petitioner to utilize an accredited laboratory or method to analyze for samples of mold?; (b) Are there any requirements or policies of the DBPR to report the data in units commonly recognized by other licensed mold assessors?; (c) Does the fact the term “Mold Assessment” does not include the word “analyzes samples” imply that Petitioner, as a licensed mold assessor, cannot analyze the samples for mold?; (d) Since the Mycometer is not specific to fungi, as a licensed mold assessor, can the Petitioner use this method to analyze samples for mold? (e) Since the Mycometer is not specific to fungi and will not identify the type of mold present, as a licensed mold assessor, can Petitioner use the Mycometer to perform mold assessments? (f) Since the Mycometer is not specific to fungi, can Petitioner tell their clients the test results directly correlate to the number of fungal propagules including spores, hyphal fragments, and micro fragments?; and (g) Since the Mycometer is not specific to fungi, as a licensed mold assessor, can Petitioner advertise that Petitioner can provide mold assessments and provide results of testing rapidly thereby eliminating the time and costs associated with overnight shipping and the use of an accredited laboratory to analyze the samples collected by Petitioner?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Gauge Campbell, Administrative Assistant III, Department of Business and Professional Regulation, Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202, phone: [phone].

Please refer all comments to: Gauge Campbell, Administrative Assistant III, Department of Business and Professional Regulation, Office of the General Counsel, 2601 Blair Stone Road, Tallahassee, Florida 32399-2202 (phone: [phone]).

Responses, motions for leave to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this Notice.