The purpose and effect of the proposed rules is to implement the regulations for Mold-Related Services, enacted in Chapter 468, Part XVI, Florida Statutes.

 

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

PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to implement the regulations for Mold-Related Services, enacted in Chapter 468, Part XVI, Florida Statutes.

SUMMARY: The proposed rules address the licensing and regulation of Mold-Related Services, enacted in Chapter 468, Part XVI, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.

A SERC has been prepared for the following rules: 61-31.101, 61-31.301, 61-31.302, 61-31.401, 61-31.402, 61-31.501, 61-31.602, and 61-31.604. The following is a Summary of the SERCs for the aforementioned rules.

• The rules are not likely to directly or indirectly have an adverse impact on economic growth; private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

• The rules are not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

• The rules are not likely to directly or indirectly increase regulatory costs, including any transaction costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

• The number of individuals and entities likely to be required to comply with the rules based on the number of licensed Home Inspectors over the last two years will be approximately 2000, active and inactive.
• The department will not incur any costs for implementing or enforcing the proposed rules.

• There will be no cost to any other state and local government entities of implementing the proposed rules.
• The total estimated costs to the licensees in a 5 year period is not in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

• The estimated number of small businesses that would be subject to the rules is greater than 5000.

• There is no small county or small city that will be impacted by the rules.

The remainder of the rules do not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rules.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 120.695, 455.2035, 455.217(1), 455.2177, 455.2178, 455.2179, 455.219, 455.2235(1), 455.224, 455.225(3), 455.2273, 468.8413(5), 468.8415(2), 468.8416, 468.8417, 468.8424 FS.

LAW IMPLEMENTED: 120.695, 455.203(1), 455.2123, 455.213, 455.217, 455.2177, 455.2178, 455.2179, 455.219, 455.2235, 455.224, 455.225, 455.227, 455.2273, 455.2281, 455.271, 468.8412, 468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8419, 468.842, 468.8421 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-31.101 License Requirements.

(1) For the purposes of department evaluation of applications:

(a) A degree in a “related field of science,” as required by Section 468.8413(2), F.S., includes a degree in any biology, chemistry, environmental, earth, or physical science.

(b) To establish “documented field experience,” as required by Section 468.8413(2), F.S., an applicant must submit 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-related services. 15 projects for each 12 month period equals one year of experience.

(c) To establish training in water (moisture intrusion), mold, and respiratory protection, an applicant must submit a certificate(s) of completion or verifiable documentation of completion of such training.

(2) The Department shall issue a license to an applicant who complies with subsection (3) or (4) and complies with the following:

(a) The requirements as set forth in Chapter 468, Part XVI, F.S.;

(b) Submits a completed form DBPR MRS 0701, “Application for Licensure” effective April 2013, adopted and incorporated herein by reference, which may be obtained by contacting the Mold Related Services Licensing Unit, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at _______________.

(c) Submits the following fees with the application:

1. Application fee of $125.00.

2. Licensure fee of $100.00.

3. Unlicensed Activity fee of $5.00.

(3) All applicants for licensure by examination must, in addition to the requirements of subsection (2):

(a) Provide proof of completion of education and/or experience requirements as required in Section 468.8413, F.S.

(b) Pass an examination as approved by the Department as described in Rule 61-30.103, F.A.C.

(3) All applicants for licensure by endorsement must, in addition to the requirements of subsection (2):

(a) Comply with the requirements set forth in Section 468.8414 (3) F.S.;

(b) Demonstrate that the applicant holds a valid license to practice mold assessment or mold remediation under the law of another state or territory of the United States, if the criteria for issuance of the licensee is substantially the same as the licensure criteria established by this Chpater 468, Part XVI, F.S. and the rules of the Department;

(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 61-30.103, F.A.C.;

(4) “Good Moral Character”:

(a) The following shall be considered evidence showing a lack of good moral character for which the department may deny a licensure application:

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 home inspector, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a 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 home inspector, not the particular relationship of any one of the violations to the professional responsibilities of a home inspector;

3. The presence of prior civil lawsuits decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of home inspectors or any related professions, such as construction or engineering. Such lawsuits 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;

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 home inspectors 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. Prior payment by check to the department of any fee when there are insufficient funds to pay the same, if the applicant, upon notification by the department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the department; and

6. Prior denial of licensure, registration, certification, or permit application by the Department or any Agency by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

7. Conviction of a crime as set forth in Section 775.16, F.S., pertaining to certain offenses involving controlled substances.

(b) The department shall consider any documentation provided by the applicant in determining the applicant’s good moral character. The following documentation may be provided by the applicant to the department to assist in the determination of moral character:

1. A statement from the applicant explaining the applicant’s criminal/unlawful conduct and the reason the applicant believes the Department should issue the license;

2. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred;

3. Documentation evidencing successful rehabilitation;

4. Recommendations from parole or probation officers who supervised the applicant;

5. Recommendations from the prosecuting attorney or sentencing judge;

6. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer;

7. Police reports or transcripts which reveal the underlying facts of the crime;

8. Documentation evidencing the conduct was an isolated occurrence contrary to the applicant’s normal pattern of behavior; and

9. Documentation evidencing community or civic activities with which the applicant has been associated. It is the applicant’s responsibility to provide such mitigating evidence to the department.

(c) If the applicant makes incomplete, misleading or false statements regarding material facts in applying, such action will establish the applicant’s lack of good moral character, and the application will be denied.

(d) If the department determines based on the evidence provided for in paragraph (4)(a) of this rule that the applicant does not possess good moral character, or the applicant has failed to provide documents to substantiate good moral character within the time limitations of Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the department that, through the submission of additional information or with additional time for investigation and verification, the applicant’s good moral character might be established.

(5) Any person desiring to change the status of his or her Mold-related license shall submit a completed Form DBPR MRS 0705, Maintenance Form effective April 2013, adopted and incorporated by reference, which may be obtained at ____________.

Rulemaking Authority 455.2035, 468.8413(5), 468.8424 FS. Law Implemented 455.213, 468.8413, 468.8414 FS. History–New ________.

 

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 _______________.

(2) For purposes of Section 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) Standards for approval of Mold Assessment examination and Mold Remediation examination:

(a) The examination is proctored; and

(b) The mold assessment examination covers 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 greater than 10 square feet.

(c) The mold remediator examination covers the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter greater than 10 square feet.

(4) The fees for examination and re-examination shall be determined by the vendor and paid by the applicant directly to the vendor providing the examination.

Rulemaking Authority 455.2035, 455.217(1), 468.8413(5), 468,8424 FS. Law Implemented 455.217, 468.8413 FS. History–New________.

 

61-31.301 Delinquent License.

(1) Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status.

(2) A licensee may convert a delinquent status license to active or inactive status by making a request in writing, remitting the applicable fee(s) as listed below, and complying with the continuing education requirements of Section 468.8416, F.S.

(3) Licensees who wish to convert a delinquent status license to active or inactive status must remit the following fees with their request to activate their license:

(a) Delinquent fee of $100.00;

(b) Past Due Renewal fee of $100.00;

(c) Past Unlicensed Activity fee of $5.00;

(d) Renewal fee of $100.00;

(e) Unlicensed Activity fee of $5.00.

(4) The failure of a delinquent status licensee to change the status of the license to active or inactive status before the expiration of the current licensure period shall render the license void without any further action by the department.

(5) A revoked or void license may not be renewed. Anyone with a revoked or void license who wishes to provide professional mold related services shall:

(a) Apply as though never before licensed, or

(b) Apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S and Rule 61-31.402, F.A.C.

Rulemaking Authority 455.2035, 468.8415(2), 468.8424 FS. Law Implemented 455.2281, 455.271, 468.8412, 468.8415, 468.8417 FS. History–New________.

 

61-31.302 Inactive, Active status.

(1) A licensee may request at renewal to place his or her license in an inactive status by making a request in writing and remitting the applicable fee(s) as listed below.

(2) Licensees who wish to convert an active status license to an inactive status license during the renewal period must remit the following fees with their request to activate their license:

(a) Change of Status: Set to Inactive fee of $100.00;

(b) Unlicensed Activity fee of $5.00.

(3) A licensee may apply to the department at a time other than during the renewal period, to change the status of their license by submitting form #DBPR MRS 0702, “Change of Status Application”, effective April 2013, adopted and incorporated herein by reference, which 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 licensee must remit the following fees to the department and comply with the continuing education requirements of Section 468.8416, F.S.:

(a) For licensees applying to change their licensure status from active to inactive, pay Change of Status: Set to Inactive fee of $100.00;

(b) For licensees applying to change their licensure status from inactive to active, pay Change of Status: Set to Active fee of $200.00.

Rulemaking Authority 455.2035, 468.8417(3), 468.8424 FS. Law Implemented 455.203(1), 455.2281, 455.271, 468.8412, 468.8417 FS. History–New_________.

 

61-31.401 License Renewal.

(1) A license shall be renewed biennially on or before July 31 of even numbered years.

(2) A licensee will renew a license, whether active or inactive, by paying a biennial license renewal fee of $100.00, an unlicensed activity fee of $5.00, and completing the continuing education as described in Section 468.8416, F.S.

(3) Failure to renew a license renders the license delinquent. Delinquent status may last one full renewal cycle. A delinquent license can be returned to active or inactive status by completing the required continuing education and paying the appropriate fees as described in Rule 61-31.301, F.A.C. If, at the end of the delinquent biennium, the license is not placed in active or inactive status, it becomes void.

Rulemaking Authority 455.2035, 468.8415(2), 468.8416 FS. Law Implemented 455.203(1), 455.271, 468.8415, 468.8416 FS. History–New________.

 

61-31.402 Discretionary Hardship Reinstatement of Void Licenses.

(1) A former licensee may apply to seek Department approval for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in subsections (2) and (3) of this rule.

(2) Complete the application DBPR MRS 0701 form, effective April 2013, incorporated herein by reference, as adopted in Rule 61-31.101, F.A.C. 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) The applicant shall complete 14 hours of approved continuing education and pay an application fee, licensure fee, and a delinquent fee as listed in Rule 61-31.301, F.A.C.

Rulemaking Authority 455.2035, 455.219, 468.8415, 468.8424 FS. Law Implemented 455.271 (6)(b), 455.213(1), 455.219, 468.8412, 468.8414, 468.8415 FS. History–New_________.

 

61-31.501 Continuing Education Provider Requirements.

(1) “Continuing Education Provider” means a person or legal entity who is registered pursuant to this rule chapter and who is responsible for conducting a continuing education course approved pursuant to this rule chapter. The continuing education provider is responsible for maintaining records for four years.

(2) Approval of Continuing Education Providers:

(a) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration. An apporoved education provider may renew the approval, whether active or inactive, by paying an Education Provider Biennial Approval Renewal fee of $250.00.

(b) An applicant who submits form DBPR MRS 0703, “Continuing Education Course Provider”, effective April 2013, incorporated herein by reference, which 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_______________. Applications for continuing education course provider approval must submit the Education Provider Approval fee of $250.00 with the application.

(c) Any applicant who applies to become a continuing education course provider will be approved as a course provider upon meeting applicable requirements.

(3) Continuing Education Course Provider Obligations:

(a) To maintain status as a continuing education provider, the provider must compy with the requirements of Sections 455.2177, 455.2178, and 455.2179, F.S.:

1. Require each licensee to complete the entire course or seminar in order to receive credit for the course.

2. Provide the Florida Department of Business and Professional Regulation provider number on all course advertisements.

3. Furnish each licensee with an individual certificate of attendance containing the licensee’s name, license number, provider name, provider number, course name, course number, date of the course completion and the total number of hours successfully completed in each subject.

4. Resolve reporting conflicts with the licensee by the expiration date of the training course.

5. Report one education credit for each hour of classroom or interactive distance learning instruction. An “hour of classroom or interactive distance learning instruction” requires no less than fifty (50) minutes of instruction or participation.

6. Any changes in the course provider name, address or telephone number must be submitted in writing to the department, within 30 days of such change.

(b) The continuing education provider shall not offer any training courses if the provider status is expired or under discipline.

(c) If the continuing education provider status is revoked by the department, the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration.

(d) The department retains the right and authority to audit and/or monitor programs and review records and course materials given by any continuing education provider approved pursuant to this rule. The department shall reject individual programs given by a continuing education provider if the provider disseminates any false or misleading information in connection with the educational programs, or if the continuing education provider fails to conform to and abide by the rules of the department.

Rulemaking Authority 455.2035, 455.2177, 455.2178, 455.2179 FS. Law Implemented 455.2123, 455.2177, 455.2178, 455.2179 FS. History– New________.

 

61-31.505 Approval of Continuing Education Courses.

(1) Education courses shall be valid for purposes of the licensure and education requirements only if such courses have received prior approval from the Mold-Related Services Licensing Program.

(2) The department’s approval of an education course will be valid for two years when the following requirements are met:

(a) An application must be submitted using form DBPR MRS 704, “Application for Continuing Education Course Approval or Renewal, effective April 2013, incorporated herein by reference. 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 _______________.

(b) The course provider shall submit to the department the following for approval before the course is offered: the application adopted in paragraph (a), a detailed course outline describing the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of assessing or remediating mold as defined in Section 468.8411, F.S.

(c) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, and the name and qualifications of all instructors.

(3) A course provider making application to offer interactive distance learning must submit documents indicating the following:

(a) The means by which the course will demonstrate interactivity between the student and course provider within a maximum of 24 hours, which promotes student involvement, and demonstrates that the course measures learning and addresses comprehension of content at regular intervals.

(b) The means by which the course provider is able to monitor student enrollment, participation and course completion.

(c) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course.

(d) The means by which the provider will assure qualified instructor(s) will be available to answer questions and provide students with necessary support during the course.

(e) That the student will be required to complete a statement at the beginning and end of the course indicating that he/she personally completed each module/session of instruction.

(f) The means by which the course provider will verify student identification.

(4) The following criteria shall be considered when approving continuing education courses:

(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 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;

(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.

(5) Instructors:

(a) All instructors must hold active or inactive licenses as mold assessors or mold remediators; and

(b) Providers may not use instructors who are currently suspended or revoked due to disciplinary action against their license.

(6) Education courses must address mold related subjects and shall not involve the promotion or sale of any products.

(7) Any substantive changes made to approved courses, must be approved by the department before the changed course can be offered. Course approval shall be rescinded by the department if such notification is not made or the changes fail to otherwise conform to this rule.

(8) Course approvals shall be automatically rescinded if the provider status expires or is rescinded by disciplinary action or otherwise.

Rulemaking Authority 455.2035, 468.8424 FS. Law Implemented 455.213(6), 455.2178, 455.2179,468.8413(3), 468.8416 FS. History–New________.

 

61-31.602 Disciplinary Guidelines.

(1) Whenever the department finds a licensee guilty of violating a provision of Chapter 455, F.S. or Chapter 468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed. The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:

 

Statutory Violation

Description of Violation (This description is a general summary).

Penalty Range for First Violation.

Penalty Range for Subsequent Violation.

(a) Violation of: 468.842(1)(a), or 455.227(1)(q), F.S.

Violation of any provision of Chapter 468, Part XVI or 455.227(1)

Fine up to $1000; Plus Reprimand, Probation, or Suspension.

Fine up to $5000; Plus Probation, Suspension, or Revocation.

(b) Violation of: 468.842(1)(b), or 455.227(1)(h), F.S.

Attempting to procure a license by bribery or fraudulent misrepresentations.

Fine up to $1000; Plus Reprimand, Probation, Suspension, Revocation, or Denial of License.

Fine up to $5000; Plus Probation, Suspension, Revocation, or Denial of License.

(c) Violation of: 468.842(1)(c), or 455.227(1)(f), F.S.

Having a license to practice mold assessment or mold remediation revoked, suspended, denied or acted against in another state, territory or country.

Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

(d) Violation of: 468.842(1)(d), or 455.227(1)(c), F.S.

Being convicted, found guilty, pleading nolo contendere to a crime, in any jurisdiction, that directly relates to the practice or ability to practice.

Fine up to $1000; Plus Reprimand, Suspension, or Revocation.

Fine up to $5000; Plus Revocation.

(e) Violation of: 468.842(1)(e), or 455.227(1)(l), F.S.

Making or filing a known false report, willfully failing to file a required record or report, willfully impeding or obstructing such filing.

Fine up to $1000; Plus Reprimand, Probation Suspension, or Revocation.

Fine up to $5000; Plus Revocation.

(f) Violation of: 468.842(1)(f)

Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

Fine up to $1000; Plus Reprimand, Probation, or Suspension .

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

(g) Violation of: 468.842(1)(g), F.S.

Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of mold assessment or remediation services.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

(h) Violation of: 468.842(1)(h), F.S.

Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or remediator; violating any provision of Chapter 468, Part XVI; violating an order of the department previously entered.

Fine up to $1000; Plus Reprimand, Probation, or Suspension.

Fine up to $5000; Plus Probation, Suspension, or Revocation.

(i) Violation of: 468.832(1)(i) , F.S.

Practicing on a revoked, suspended, inactive or delinquent license.

Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Probation, Suspension, or Revocation.

(j) Violation of: 455.227(1)(a), F.S.

Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee’s profession.

Fine up to $1000; Plus Reprimand, Probation, or Suspension.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

(k) Violation of: 455.227(1)(b), F.S.

Intentional violation of any administrative rule.

Fine up to $1000; Plus Reprimand, Probation, Suspension.

Fine up to $5000; Plus Suspension, Revocation.

(l) Violation of: 455.227(1)(g), F.S.

Having been found civilly liable for knowingly filing a false report or complaint against another licensee.

Fine up to $1000; Plus Reprimand, or Probation.

Fine up to $5000; Plus Suspension, or Revocation.

(m) Violation of: 455.227(1)(i), F.S.

Knowingly concealing information regarding violation of Chapter 468, Part XVI, or rules of the department.

Fine up to $1000; Plus Reprimand.

Fine up to $5000; Plus Probation, Suspension, or Revocation.

(n) Violation of: 455.227(1)(j), F.S.

Aiding, assisting, procuring, employing or advising unlicensed person or entity to practice profession contrary to Chapter 468,XVI, or 455, or rules of the department.

Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Suspension, or Revocation.

(o) Violation of: 455.227(1)(k) , F.S.

Failing to perform any statutory or legal obligation of licensee.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Suspension, or Revocation.

(p) Violation of: 455.227(1)(n), F.S.

Exercise influence on client for improper financial gain of licensee or third party.

Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5000; Plus Reprimand, Probation, Suspension, or Revocation.

(q) Violation of: 455.227(1)(o), F.S.

Practicing beyond the scope of license.

Fine up to $1000; Plus Reprimand, Probation.

Fine up to $5000; Plus Suspension.

(r) Violation of: 455.227(1)(p), F.S.

Accepting and performing or delegating responsibilities licensee knows or should know he or the delegee is not competent to perform.

Fine up to $1000; Plus Reprimand, or Probation.

Fine up to $5000; Plus Suspension, or Revocation.

(r) Violation of: 455.227(1)(r), F.S.

Interfering with an investigation, inspection or disciplinary proceeding.

Fine up to $1000; Plus Reprimand, Probation Suspension, or Denial of Licensure.

Fine up to $1000; Plus Suspension, Revocation, or Denial of Licensure.

 

(2) Additional Conditions which may be imposed through a final order:

(a) Licensee is placed on probation for a period of time as determined by the department;

(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;

(c) The licensee shall demonstrate compliance with all the conditions of the Final Order, prior to the lifting of probation;

(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the Final Order, not to exceed more than 14 hours of continuning education courses.

(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. History of previous violations of the practice act or the rules promulgated thereunder;

2. The magnitude and scope of the project and the damage inflicted upon the public;

3. Evidence of violations of professional practice acts in this or other jurisdictions which resulted in discipline by the regulatory authority;

4. Failure to attempt to correct the violation by the licensee;

5. Any other relevant aggravating circumstances.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

3. Restitution of any damages suffered by the licensee’s client;

4. Remedial steps taken by the licensee to avoid similar violations in the future;

5. Attempts by the licensee to correct the violation;

6. Any other relevant mitigating circumstances.

Rulemaking Authority 455.2035, 455.2273, 468.8424 FS. Law Implemented 455.227, 455.2273, 468.8419, 468.842 FS. History–New________.

 

61-31.603 Notice of Noncompliance.

(1) As an alternative to the provisions of Sections 455.255(1) and (2), F.S., the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation.

(2) A notice of non-compliance may be issued for the following minor violations:

(a) Offers to perform any mold assessment or remediation in violation of Section 468.8419(1)(b), F.S.

(b) Advertising goods or services in a manner that is fraudulent, false, deceptive or misleading in form or content in violation of Section 468.842(1)(f), F.S.

(3) This designation of minor violations for the purposes of Section 455.225(3), F.S., is limited to initial violations in which corrective action is commenced within 15 days of the department's issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, the licensee must move with due diligence to complete the corrective action. A violation for which the licensee fails to take corrective action within 15 days after notice shall no longer be deemed a minor violation and shall be treated as a citation violation, pursuant to Rule 61-31.604, F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the department from seeking full prosecution in such instances where aggravating circumstances are present which would preclude a minor violation dismissal.

Rulemaking Authority 455.2035, 455.225(3), 468.842(1)(f) FS. Law Implemented 120.695(1), 455.225, 468.8419, 468.842, 120.695(1) FS. History–New________.

 

61-31.604 Citations.

(1) The following violations may be resolved by the issuance of a citation pursuant to Section 455.224, F.S., and Chapter 61-31, F.A.C.

 

Violation	Fine
(a) Practice by an individual with an inactive or delinquent license, in violation of Section 468.842(1)(i), F.S.	$1,000.00
(b) Failure of a mold assessor to maintain at least $1 million general liability and errors-and-omissions insurance coverage for both preliminary and postremediation mold assessment, in violation of Section 468.8421, F.S.	$1,000.00
(c) Failure of a mold remediator to maintain at least $1 million general liability insurance coverage, in violation of Section 468.8421, F.S.	$1,000.00
(d) Failure to commence corrective action within 15 days of the department’s issuance of a notice of noncompliance, in violation of Rule 61-31.603, F.A.C.	$500.00

 

(2) In addition to the penalties specified above, the department may recover the costs of investigation associated with the citation.

(3) Citations shall be issued pursuant to this rule where no harm to consumers results from the violation.

Rulemaking Authority 455.2035, 455.224(2) FS. Law Implemented 455.224, 468.842, 468.8421 FS. History–New ________.

 

61-31.605 Mediation.

The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455.2235, F.S.:

(1) Section 468.842(1)(g), F.S., Committing fraud, deceit, negligence, incompetency or misconduct in the practice of mold related services.

(2) Section 468.842(1)(h), F.S., Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or remediator.

Rulemaking Authority 455.2035, 455.2235(1), 468.8424 FS. Law Implemented 455.2235, 468.842 FS. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2012