Mold SOP Hearing

The Mold Assessors/Remediators Standards of Practice hearing is scheduled for February 12, 2015, at 10:00 a.m. - 11:30 a.m.

You can request a copy of the agenda from Richard Morrision, at address provided in the notice of hearing. Gee, email address would have been nice.

This can be found at Admin weekly, then 61-31 search and should be the latest item.

The agenda is required to be placed on the DBPR Mold website at least 7 days before the hearing. Mold people need to be watching to let them know in case they forget to put on the Mold website.

Richard Haynes

Thanks Richard…appreciate the efforts as always

This is his email…from what I have saved

Richard.morrison@dbpr.state.fl.us

Thanks guys.

Here was the response I got from Richard

Mr. Hensel,
The agenda has not been set. However, when it is you may follow this link to find it at http://www.myfloridalicense.com/dbpr/pro/mold/index.html under Important Information (HOT TOPICS). I anticipate it will only list a few items to be on the agenda, for example:

I. Call to Order

II. Opening Remarks

III. Rule Discussion

• Chapter 61-31.701 Minimum Standards and Practices for Mold Assessors.

• Chapter 61-31.702 Minimum Standards and Practices for Mold Remediators.

IV. Closing Remarks

V. Adjournment

In addition, you may find the current proposed rules at https://www.flrules.org/gateway/result.asp or by going to the Florida Administrative Register (FAR) and searching for 61-31 and clicking on the proposed rule. There will be a new set of proposed rules that will be posted there after we have reviewed the comments on the currently posted rules. You will be able to find the updated rules at this same location in the Florida Administrative Register after our review.

There is little hope Florida will protect the consumer from the looks of things.

Some help here: http://www.marketwired.com/press-release/florida-property-casualty-association-opposes-dbprs-proposed-rules-61-31701-61-31702-1985328.htm#.VMF9xk2TMtg.

Interesting read. The article is clearly a slanted hit job for the insurance industry. The second paragraph blatantly jumps to the assumption the licensed mold assessors and remediators will automatically “artificially inflate” or add “unwarranted” costs to the bills. Clearly, this is a shot across the bow at DBPR to “correclty” write the rules for mold remediation and assessment in a way that protects the insurance industry’s profits- in the name of protecting the Florida Homeowner - of course.

Additionally,- and unfortunately, the FPCA completely misses the point on the conflict of interest issue. While they are correct that mold assessment and remediation (by licensed mold assessors and licensed mold remediators) should be separated, they failed to grasp the Div.1 contractors are exempt from mold assessor licensing and mold remediation licensing- (if I am not mistaken). With that said, Florida licensed contractors would be exempt from these rules for mold assessors and remediators and would be free from the burdens of those rules and ethics provisions to do whatever they want with respect to mold assessment and remediation. Perhaps the insurance industry lobby should take some lessons from the revered contractor lobby on how to protect their interests.

Cool. So cgc will be exempt from mold and hi?

Didn’t you get the memo?

While I am not an attorney or government official, nor a Florida Laws, Rules, Statutes, Declaratory Statements, etc… expert, and as such a common man, any opinions below should not be relied upon as law, I believe that the Construction Industry Licensing Board (a Division of DBPR-(Department of Business and Professional Regulation) has issued two Declaratory Statements (2011-049 Koning re- mold assessment and remediation and 2012-010 Koning re- home inspection). Those Declaratory statements would appear to the common man to exempt Florida Licensed Contractors (Div. 1 - of course) from the requirements of the mold remediation and assessors statutes and from the requirements of the home inspector licensing statutes. If that is in fact true and accurate, then a Florida Div. 1 contractor would not be bound by any standards of practice or ethics provisions enumerated in the mold and home inspector statutes when the Div.1 contractor is performing mold related services or home inspections- Provided the Div.1 contractor does not ALSO hold a mold license or home inspector license. As the contractor statute, if I am not mistaken, does not have ANY standards of practice or ethics provisions relating to mold related services or home inspection, then the Div.1 contractor would effectively have no measuring stick in which to be held accountable to when performing one of those services under the scope of his contractor’s license. I wish the home inspector’s had the juice that the contractor’s lobby has. Clearly, If I was a Florida Licensed Contractor, I would not want the liability exposure, standards of practice, and ethics provisions of the mold and home inspector licenses- especially since I can perform ALL of those services and make any repairs on anything that I inspect under the scope of the contractor’s license. Prudent contractors with savvy risk management skills would dump the mold and home inspector licenses as quickly as possible. The above article and position of the insurance industry organization would also seem to validate the logical position for dumping those licenses for the Div.1 contractor. Clearly, the insurance industry has a hard on for the professional mold assessors and remediators and will attempt to put up as many roadblocks for them in the statutes, laws, rules, edicts, etc… The Div.1 contractor working under the scope of his license (per the Koning Dec statements) has no such burdens. It is good to be a Div.1 contractor.

Got this today from NORMI for the next scheduled public workshop conference call.

RULE NOS.: RULE TITLES:
61-31.701 Minimum Standards and Practices for Mold Assessors
61-31.702 Minimum Standards and Practices for Mold Remediators
The Department of Business and Professional Regulation announces a hearing to which all persons are invited.
DATE AND TIME: February 26, 2015, 10:00 a.m.
PLACE: Telephone conference number: 1(888)670-3525, participant passcode: 2295006118, then #
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding the proposed language for minimum standards of practice rules for mold remediators and mold assessors (Proposed Rules 61-31.701 and 61-31.702, F.A.C.).

Nice, thnx for the summary

As of today, Monday February 9, 2015, 7:15 pm. Giving notice of the hearing and the agenda for Thursdays Mold SOP hearing is still not shown on DBPR’s Mold Website.

The (Hot Topic) item mentioned above links to a September 5, 2014 workshop.

Florida Statutes
120.525 Meetings, hearings, and workshops.—
(1) Except in the case of emergency meetings, each agency shall give notice of public meetings, hearings, and workshops by publication in the Florida Administrative Register and on the agency’s website not less than 7 days before the event. The notice shall include a statement of the general subject matter to be considered.
(2) An agenda shall be prepared by the agency in time to ensure that a copy of the agenda may be received at least 7 days before the event by any person in the state who requests a copy and who pays the reasonable cost of the copy. The agenda, along with any meeting materials available in electronic form excluding confidential and exempt information, shall be published on the agency’s website. The agenda shall contain the items to be considered in order of presentation. After the agenda has been made available, a change shall be made only for good cause, as determined by the person designated to preside, and stated in the record. Notification of such change shall be at the earliest practicable time.

I wonder if not giving notice and not posting the agenda on the Mold Website will invalidate anything that happens at the hearing?

Richard Haynes

After 14 years and thousands of mold jobs, like I said:

Richard, they cancelled the Feb 12th call. New date is Feb 26th, which I posted earlier.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NOS.: RULE TITLES:
61-31.701 Minimum Standards and Practices for Mold Assessors
61-31.702 Minimum Standards and Practices for Mold Remediators
The Mold-Related Services Licensing Program of the Department of Business and Professional Regulation announces the cancellation of a public meeting, which was formally scheduled as follows:
DATE AND TIME: February 12, 2015, 10:00 a.m. – 11:30 a.m. CANCELED
PLACE: Telephone conference number: 1(888)670-3525, participant passcode: 2295006118 then #
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding proposed language for Rules 61-31.701 and 61-31.702, F.A.C.
The Department of Business and Professional Regulation will be rescheduling this hearing at a time and place to be announced in a subsequent issue of the Florida Administrative Register.
For more information, you may contact: Richard Morrison, Executive Director, Mold-Related Services Licensing Program, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399.

I missed that about the February 12 meeting being CANCELED. My Bad.

My point is about whoever you obtained the information from. You should not have to ask anybody or go anywhere other than the Mold Website to find out about hearing/workshops/meetings.

If you want to go to the Florida Administrative Weekly to obtain information that’s ok, but the information is also required to be put on the Mold Website. To me that is where people should be checking for information. It seems easier to check for information on the Website. The same applies to the Home Inspector Website.

As of today at 4:00 pm there has not been anything put on the Mold Website about the original February 12th hearing, the hearing being canceled, or the new scheduled hearing date of February 26th.

Richard Haynes

Agreed. The right hand doesn’t know what the left hand is doing…typical.

Also agree. For example- I believe that there is a Declaratory Statement posted on the DBPR home inspection page indicating that it is OK for a home inspector to give kickbacks to insurance agents for referrals for insurance related inspections (The DMI Dec. statement if I am not mistaken). As of July of last year, the legislature passed law prohibiting kickbacks from anyone (even contractors :slight_smile: to insurance agents for referrals for insurance related inspections. See F.S. 627.711. I believe it is a disservice to the licensed home inspector who may rely on that Declaratory Statement (posted on the home inspector page of DBPR website) and give a kickback to an insurance agent and then find himself in violation of the law. It is ironic that the very Division of DBPR that said the home inspector could give the kickback would also be the one prosecuting the inspector for giving the kickback to the insurance agent.