Florida DBPR Clarification of the 10' Mold sampling debacle?

Has the DBPR ever released it statement?

I was just talking to John S about the last thread going quite. Looking forward to how the dbpr will set policy to comply to the law

Nothing to clarify. And it has nothing to do with the 10 square foot thing which has always been there.

Read lines 37 through 40 of http://www.flsenate.gov/Session/Bill/2011/0849/BillText/er/HTML

I got this put into a Bill quietly. If you watched the Florida forum, you’ll note that no one really knew about it. Had to be done stealth because the mold industry was fighting me from all sides (and still are) and they didn’t want licensed home inspectors to test for mold.

I think what happened is that the DBPR didn’t even know I did it until I pointed it out to them (only after it was passed and the Governor signed it).

I only had to point it out because the DBPR accidentally started telling some of our members that they couldn’t perform mold tests. The DBPR has since stopped doing that. :slight_smile:

Go Nick !!!

Hope it works and stays as you planned.

Changing law is my option of last resort.

I had thought the 10 square foot thing was clear enough. Apparently I was wrong. So I had to take it a step farther (or is it further)? LOL. Here: http://www.nachi.org/fartherfurther.htm

Anyway, lines 37 through 40 of http://www.flsenate.gov/Session/Bill/2011/0849/BillText/er/HTML are pretty clear now.

I’m also pretty happy about line 1811. InterNACHI’s free, online Wind Mitigation course is CILB-approved.

So, Nick,
Are you saying that Russell H. Needs to send a check to nachi nickles?:smiley:

No freakin way! I am not saying he is right or he is wrong. What I am saying is that as recent as about 1 month ago the Executive director placed on the DBPR website this…


Now please read it an tell me what you interpret it to say. Remember this was JUST put up within a month.

I am totally serious, please read it and tell me what it says to YOU. I read it one way and just curious on how others read it. Undert the “Needs a license” portion it is cut and dry.

Read it again slower Russell. The title of the page is:

It says you need a license (which you do). It doesn’t say you need a mold assessor’s license… because you don’t… at least you don’t any longer.

And if you did, the DBPR would have quickly issued an official statement saying so. We asked them to. They have refused, because such a statement would be false.

LMAO…are you serious? Read the heading. With your mentality then Mold Assesors can do home inspections because all license are interchangeable.

I mean typically when I look under the heading

Mold-Related Services Licensing Program

This page provides helpful information and examples about the types of services that must be performed by a DBPR-licensed individual or business
What services require a State of Florida license?

Mold Assessors and remediators

I tend to think its for mold professionals…But thats just me.


I say your wrong according to the DBPR website

I asked the DBPR to state that Home Inspectors COULD do mold testing and they have not. Does that mean I am right or wrong?

Here is the way I look at it. I go to the DBPR website and see what they say. I find it cut and dry, Nick does not.

I also look at it this way, if the state of Florida adopts the 2011 NEC code, does that mean we have to abide by it 100% or is there something called the AHJ, Authority Having Jurisdiction? My license is given to me by the Florida DBPR and I find them my AHJ, hence I go to their website and look at it as the AHJ. Doesn’t that make sense?

Nick will say that all DBPR licenses are interchangeable. Does that make sense?

When the DBPR states publically that HOME INSPECTORS can perform mold test, I will gladly pay $500 to NACHI nickles. He wants it that they no where it says they CANNOT, so I should pay. Not only is that wrong it does not pass the common sense test and with his mentality a Boxing, Kick Boxing, and martial arts professional can do mold testing because they hold a license from the DBPR. Is that not just plain silly?

Who do you get your license from? Follow what they say on their website and you will not go wrong.

Russell, I’d like you to relax. :slight_smile:

Have a beer and smoke a fat cigar…Write your check to NACHI Nickels & think about all the money you will save not having to keep up with the Mold Assessors License they sold you. LOL

Way to go! Putting out that fire with gasoline.

What he said.

I find it interesting that a homeowner can perform their own assessment and remediation without a license or training of any sort. So, can’t they:

  1. Assess they may have mold and order the HI to sample and deliver tests to them.
  2. Clean the area themselves.
  3. Have HI pull confirmation samples and deliver lab tests.
  4. Write themselves a report and deliver same report to no one.
  5. Project closed.

Here is the HI’s advertisement:

We can provide mold sampling/lab testing under the direction of any unlicensed Homeowner per Florida Statute. Testing by a Florida approved, licensed and insured lab.

All we need now is an approved Remediation SOP we can sell to the homeowner without any recourse to the HI. Based upon the results of the lab test, you should follow these recommended, but not all inclusive, procedures as follows…

Think I just solved this argument. Now, Nick and Russell should each write a $250 check to NN. If Nick concurs with my analysis, I’ll write a check for $50 to NN myself and I’ll give NN 10% of each mold sampling job I get for the next year.

What say ye boys?

Mr. Home owner, here is my pre inspection agreement and my temporary employment contact, please sign on the bottom and we can get your samples off to the lab ASAP.
Thank you:D

Licensed home inspectors can perform mold tests. By law… licensed home inspectors are exempt from complying with the provisions related to mold assessment.

This is what Nick is referring to, but has this provision been signed into law?

If not, then HIs require an assessor’s license.

[FONT=Arial]***468.841, F.S.; adding ***[/FONT]
[FONT=Arial]***licensed home inspectors to those who are exempt from ***[/FONT]
[FONT=Arial]***complying with provisions related to mold assessment; ***[/FONT]

If this has not been signed into law, the provisions related to mold assessment remain intact. The inference on the DPBR website is that an assessor for hire requires a license; this requirement is for EVERYONE performing assessments, including home inspectors, UNLESS they are exempt from the rule.

If home inspectors have yet to be added to the list of those who are exempt, the discussion is over.

It’s pretty black and white, actually. If there was not a need for this specific exemption, then the proposal to add said exemption would not be necessary (duh).

Apparently, it is…

468.841 Does not include that exemption.


There was a need for the specific exemption because:

  1. The ten foot thing was ambiguous.
  2. The DPPR apparently began interpreting the law in a manner not favorable to licensed home inspectors offering mold tests. The DBPR staff was telling licensing home inspectors that they needed a mold assessors license to test for mold. They have since stopped.