Bill Text: FL S0500 | 2010 | Regular Session | Introduced
Bill Title: Reactive Drywall Mitigation [CPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Regulated Industries [S0500 Detail]
Download: Florida-2010-S0500-Introduced.html
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. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 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.
