October 20, 2019
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       Florida Senate - 2010                                     SB 500
       By Senator Aronberg
       27-00266-10                                            2010500__
    1                        A bill to be entitled                      
    2         An act relating to reactive drywall mitigation;
    3         creating part XVII of ch. 468, F.S.; creating the
    4         Reactive Drywall Mitigation Act; defining terms;
    5         specifying exemptions from the act; prohibiting a
    6         person from performing an inspection or preparing a
    7         plan for the removal of reactive drywall or removing
    8         reactive drywall and damaged items unless the person
    9         is employed by a licensed reactive drywall mitigation
   10         business; specifying prerequisites for licensure by
   11         the Department of Business and Professional Regulation
   12         as a reactive drywall mitigation business; providing
   13         for the renewal of a license; authorizing the
   14         department to establish fees by rule for application,
   15         examination, reexamination, and licensing and license
   16         renewal; specifying grounds and sanctions in
   17         disciplinary actions; authorizing the department to
   18         assess costs; requiring the department to adopt by
   19         rule standards for reactive drywall mitigation;
   20         authorizing the department to approve by rule criteria
   21         for drywall mitigation courses and providers;
   22         providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Part XVII of chapter 468, Florida Statutes,
   27  consisting of sections 468.85, 468.851, 468.852, 468.853,
   28  468.854, 468.855, 468.856, 468.857, 468.858, and 468.859, is
   29  created to read:
   30         468.85 Short title.—This part may be cited as the “Reactive
   31  Drywall Mitigation Act.”
   32         468.851 Definitions.—As used in this part, the term:
   33         (1) “Applicant” means a business seeking a license under
   34  this part.
   35         (2) “Department” means the Department of Business and
   36  Professional Regulation.
   37         (3) “Reactive drywall” means drywall that emits sulfur or
   38  strontium compounds that react with copper or other metals
   39  commonly found in building materials and appliances.
   40         (4) “Reactive drywall mitigation” means conducting an
   41  inspection for the presence of or preparing a plan for the
   42  removal of reactive drywall, or removing reactive drywall and
   43  items damaged by reactive drywall from a building.
   44         (5) “Reactive drywall mitigation business” means a business
   45  engaged in reactive drywall mitigation.
   46         468.852 Exemptions.—The following persons are not required
   47  to comply with any provisions of this part:
   48         (1)A residential property owner who conducts reactive
   49  drywall mitigation on his or her own property.
   50         (2)A person who conducts reactive drywall mitigation on
   51  property owned or leased by the person, the person’s employer,
   52  or an entity affiliated with the person’s employer through
   53  common ownership, or on property operated or managed by the
   54  person’s employer or an entity affiliated with the person’s
   55  employer through common ownership. This exemption does not apply
   56  if the person, employer, or affiliated entity performs reactive
   57  drywall mitigation for the public.
   58         (3)An employee of a reactive drywall mitigation business
   59  while performing duties under the direction of the business.
   60         (4)Persons or business organizations acting within the
   61  scope of the respective licenses required under chapter 471,
   62  chapter 489, or part XV of this chapter, except when any such
   63  persons or business organizations hold themselves out for hire
   64  to the public as a “certified reactive drywall mitigation
   65  business,” “registered reactive drywall mitigation business,”
   66  “licensed reactive drywall mitigation business,” “reactive
   67  drywall assessor,” “professional reactive drywall assessor,” or
   68  any combination thereof stating or implying licensure under this
   69  part.
   70         (5)An authorized employee of the United States, this
   71  state, a municipality, county, or other political subdivision,
   72  or a public or private school who is performing reactive drywall
   73  mitigation within the scope of that employment, as long as the
   74  employee does not hold himself or herself out for hire to the
   75  public as performing or otherwise perform reactive drywall
   76  mitigation.
   77         468.853 License required.—A person may not perform reactive
   78  drywall mitigation unless the person is employed by a licensed
   79  reactive drywall mitigation business.
   80         468.854 License application.—A business seeking to be
   81  licensed as a reactive drywall mitigation business must:
   82         (1) Pay the initial licensing fee.
   83         (2) Provide proof that the owner or operator of the
   84  business has satisfactorily completed courses or passed
   85  examinations on reactive drywall mitigation required by the
   86  department as a prerequisite to licensure.
   87         (3) Provide evidence of financial responsibility.
   88         468.855 Renewal of license.—
   89         (1) The department shall renew a license upon receipt of
   90  the renewal application fee and upon certification by the
   91  department that the licensee has completed any continuing
   92  education required by the department.
   93         (2) The department shall adopt rules establishing a
   94  procedure for the biennial renewal of licenses.
   95         468.856 Fees.—
   96         (1)The department may establish by rule fees to be paid
   97  for application, examination, reexamination, licensing and
   98  renewal of licensure, and maintenance of licenses on inactive
   99  status and reactivation of licenses. The department may also
  100  establish by rule a delinquency fee. Fees shall be based on
  101  department estimates of the revenue required to administer the
  102  provisions of this part. All fees shall be remitted with the
  103  application for licensing and license renewal, inactive status,
  104  and reactivation of inactive licenses.
  105         (2)The application fee may not exceed $125 and is
  106  nonrefundable.
  107         (3)The fee for an initial license may not exceed $200.
  108         (4) The fee for a biennial license renewal may not exceed
  109  $400.
  110         468.857 Disciplinary proceedings.—
  111         (1)The following acts constitute grounds for which the
  112  disciplinary actions in subsection (2) may be taken:
  113         (a)Violating any provision of this part or s. 455.227(1);
  114         (b)Attempting to procure a license as a reactive drywall
  115  mitigation business by bribery or fraudulent misrepresentation;
  116         (c)Having a license to perform reactive drywall mitigation
  117  or similar license revoked, suspended, or otherwise acted
  118  against, including the denial of licensure, by the licensing
  119  authority of another state, territory, or country;
  120         (d)Being convicted or found guilty of, or entering a plea
  121  of nolo contendere to, regardless of adjudication, a crime in
  122  any jurisdiction which directly relates to the practice of
  123  reactive drywall mitigation or the ability to practice reactive
  124  drywall mitigation;
  125         (e)Making or filing a report or record that the licensee
  126  knows to be false, willfully failing to file a report or record
  127  required by state or federal law, willfully impeding or
  128  obstructing such filing, or inducing another person to impede or
  129  obstruct such filing. Such reports or records include only those
  130  that are signed on behalf of a licensed reactive drywall
  131  mitigation business;
  132         (f)Advertising goods or services in a manner that is
  133  fraudulent, false, deceptive, or misleading in form or content;
  134         (g)Engaging in fraud or deceit, or negligence,
  135  incompetency, or misconduct, in performing reactive drywall
  136  mitigation;
  137         (h)Failing to perform any statutory or legal obligation
  138  placed upon a licensed reactive drywall remediation business;
  139  violating any provision of this chapter, a rule of the
  140  department, or a lawful order of the department previously
  141  entered in a disciplinary hearing; or failing to comply with a
  142  lawfully issued subpoena of the department; or
  143         (i)Performing reactive drywall mitigation under a revoked,
  144  suspended, inactive, or delinquent license.
  145         (2) If the department finds any business or person has
  146  engaged in conduct set forth in subsection (1), it may enter an
  147  order imposing one or more of the following penalties:
  148         (a)Denial of an application for licensure.
  149         (b)Revocation or suspension of a license.
  150         (c)Imposition of an administrative fine not to exceed
  151  $5,000 for each count or separate offense.
  152         (d) Issuance of a reprimand.
  153         (e) Placement of the reactive drywall mitigation business
  154  on probation for a period of time and subject to such conditions
  155  as the department may specify.
  156         (f) Restriction of the authorized scope of practice by the
  157  reactive drywall remediation business.
  158         (3)In addition to any other sanction imposed under this
  159  part, in any final order that imposes sanctions, the department
  160  may assess costs related to the investigation and prosecution of
  161  the case.
  162         468.858 Drywall mitigation standards.—The department shall
  163  adopt standards by rule for reactive drywall mitigation. The
  164  standards shall identify the fixtures, components, or contents
  165  of a structure which must be inspected as part of an inspection
  166  for reactive drywall. The department shall also develop
  167  standards or practices by rule which must be incorporated in a
  168  plan for the removal and disposal of reactive drywall and items
  169  damaged by emissions from reactive drywall.
  170         468.859 Approval of drywall mitigation courses and
  171  providers.—
  172         (1) The department shall approve training courses and the
  173  providers of such courses as are required under this part. The
  174  department shall also approve training courses and the providers
  175  of such courses who offer training for persons who are exempt
  176  from licensure under this part.
  177         (2)The department shall prescribe criteria by rule for
  178  approving training courses and course providers and may by rule
  179  modify the training required by this chapter.
  180         (3)The department may enter into agreements with other
  181  states for the reciprocal approval of training courses or
  182  training-course providers.
  183         (4)The department shall establish by rule reasonable fees
  184  in an amount not to exceed the cost of evaluation, approval, and
  185  recordmaking and recordkeeping of training courses and training
  186  course providers.
  187         (5)The department may impose any penalty against a
  188  training-course provider which it may impose against a licensee
  189  under this part or s. 455.227, may decline to approve courses,
  190  and may withdraw approval of courses proposed by a provider who
  191  has, or whose agent has, been convicted of, or pled guilty or
  192  nolo contendere to, or entered into a stipulation or consent
  193  agreement relating to, without regard to adjudication, any crime
  194  or administrative violation in any jurisdiction which involves
  195  fraud, deceit, or false or fraudulent representations made in
  196  the course of seeking approval of or providing training courses.
  197         Section 2. This act shall take effect January 1, 2011.

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