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Highlights of MOLD LAW -begins July 1, 2011 – Agents should know

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Services for Real Estate Pros with Radon & Mold Professionals

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0468/0468PartXVIContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20468-%3EPart%20XVI

  

Here are a few highlights about the new (2010) Florida mold assessor license that will be enforced by the Department of Business and Professional Regulation beginning July 1, 2011.

468.8419 Prohibitions; penalties.-

(1) A person may not:

(b) Effective July 1, 2011, perform or offer to perform any mold assessment unless the person has complied with the provisions of this part.

(c) Use the name or title "certified mold assessor," "registered mold assessor," "licensed mold assessor," "mold assessor," "professional mold assessor," or any combination thereof... (without a Mold Assessor License)  

(d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor's company provided a mold assessment within the last 12 months.

(h) Accept an engagement to make an omission of the assessment ...

(f)   Accept any compensation, inducement, or reward from a mold assessor...

Any person who violates any provision of this section commits:

•(a) A misdemeanor of the second degree for a first violation..

•(b) A misdemeanor of the first degree for a second violation...

•(c)    A felony of the third degree for a third or subsequent violation, ...  

468.8421 Insurance.-

(1) A mold assessor shall maintain general liability and errors and omissions for both preliminary and postremediation mold assessment insurance coverage of at least $1 million.  

468.8422 Contracts.-A contract to perform mold assessment or mold remediation shall be in a document or electronic record, signed or otherwise authenticated by the parties.

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In short, the mold inspector cannot find the mold and clean it up on the same job within 12 months.

Your mold assessor must identify the source of the problem, the extent and amplification of the mold along with the LOCATION of the mold.

Professionals will also write recommendations for cleanup based on nationally accepted industry standards such as the S-520 and S-500.

They should NOT tell you to just clean the AC.

Is this one called aiding and abetting unlicensed activities? 

"Aid, assist, procure, employ or advise unlicensed person or entity to practice profession contrary to Chapter 468,XVI, or 455, or rules of the department."

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