Senate Bill 2234, which provides for licensure and regulation of mold assessors and remediators, becomes effective on July 1, 2010. Senate Bill 2234 does not provide for a Board of Mold Assessors and Remediators. The program will be administered by the Department of Business and Professional Regulation. Prior to the effective date of the bill, the department will begin its implementation process, because rulemaking is necessary to establish education, examination and experience criteria.
Implementation: Over the summer, we will begin working with stakeholders to establish a regulatory structure for this profession. The department will work with its stakeholders to explore every feasible option, including certification examinations offered by nationally recognized organizations. Our desired goal is to have all requirements in place, including application forms and Web information, by July 1, 2010, so that we may begin accepting applications for licensure on that date. However, please bear in mind that the rulemaking process may be subject to challenges by interested parties that may require workshops or hearings. The department will ensure that all affected parties have ample opportunity for grandfathering or licensure prior to taking any enforcement activity.
Grandfathering: With regard to grandfathering, Section 468.8423, Florida Statutes, provides that persons who perform mold assessment or mold remediation “may qualify to be licensed by the department…if the person meets the licensure requirements of this part by July 1, 2010.” As written, there appears to be no clear distinction between a grandfather applicant and applicants who have no prior mold experience. Part of our work this summer will be to work with stakeholders to develop recommendations to the Legislature to clarify the standards applicable to businesses who have historically provided this service.
Enforcement: After the law becomes effective, the department will ensure that all affected parties have ample opportunity for grandfathering or licensure prior to taking any enforcement activity.