Florida Statutes

Fla. Stat. § 468.8419 (2025)

Prohibitions; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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468.8419 Prohibitions; penalties.—

(1) A person may not:

(a) Effective July 1, 2011, perform or offer to perform any mold assessment unless the mold assessor has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(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 unless the person has complied with the provisions of this part.

(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. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold assessment and offers to perform the mold remediation, the contract for mold remediation provided to the homeowner discloses that he or she has the right to request competitive bids.

(e) Inspect for a fee any property in which the assessor or the assessor’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company.

(g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company.

(h) Accept an engagement to make an omission of the assessment or conduct an assessment in which the assessment itself, or the fee payable for the assessment, is contingent upon the conclusions of the assessment.

(2) A mold remediator, a company that employs a mold remediator, or a company that is controlled by a company that also has a financial interest in a company employing a mold remediator may not:

(a) Perform or offer to perform any mold remediation unless the remediator has documented training in water, mold, and respiratory protection under s. 468.8414(2).

(b) Perform or offer to perform any mold remediation unless the person has complied with the provisions of this part.

(c) Use the name or title “certified mold remediator,” “registered mold remediator,” “licensed mold remediator,” “mold remediator,” “professional mold remediator,” or any combination thereof unless the person has complied with the provisions of this part.

(d) Perform or offer to perform any mold assessment to a structure on which the mold remediator or the mold remediator’s company provided a mold remediation within the last 12 months. This paragraph does not apply to a certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the mold remediation and offers to perform the mold assessment, the contract for mold assessment provided to the homeowner discloses that he or she has the right to request competitive bids.

(e) Remediate for a fee any property in which the mold remediator or the mold remediator’s company has any financial or transfer interest.

(f) Accept any compensation, inducement, or reward from a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(g) Offer any compensation, inducement, or reward to a mold assessor or mold assessor’s company for the referral of any business from the mold assessor or the mold assessor’s company.

(3) Any person who violates any provision of this section commits:

(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.

(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.

(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) This section does not apply to unlicensed activity as described in ¹paragraph (1)(a), ¹paragraph (1)(b), or s. 455.228 that occurs before July 1, 2011.

History.—s. 3, ch. 2007-235; s. 124, ch. 2008-4; s. 29, ch. 2010-106; s. 21, ch. 2010-176.

¹Note.—As amended by s. 21, ch. 2010-176; the amendment by s. 29, ch. 2010-106, references “paragraphs (1)(a)-(d)” instead of “paragraph (1)(a), paragraph (1)(b).”

Arrestable Offenses under F.S. 468.8419

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§468.8419(3)HEALTH-SAFETYVIOLATE MOLD ASSESSOR LAW 2ND OFFM · 1st

§468.8419(3)HEALTH-SAFETYVIOLATE MOLD ASSESSOR LAW 3RD OFFF · 3rd

§468.8419(3)HEALTH-SAFETYVIOLATE MOLD ASSESSOR LAWM · 2nd

§468.8419(1a)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O TRAININGM · 2nd

§468.8419(1a)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O TRAINING 2ND OFFM · 1st

§468.8419(1a)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O TRAINING 3RD OFFF · 3rd

§468.8419(1b)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O LICENSEM · 2nd

§468.8419(1b)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O LICENSE 2ND OFFM · 1st

§468.8419(1b)HEALTH-SAFETYPERFORM MOLD ASSESSMENT W/O LICENSE 3RD OFFF · 3rd

§468.8419(1c)HEALTH-SAFETYUSE TITLE MOLD ASSESSOR W/O COMPLY WITH LAWM · 2nd

§468.8419(1c)HEALTH-SAFETYUSE TITLE MOLD ASSESS W/O COMPLY W LAW 2ND OFFM · 1st

§468.8419(1c)HEALTH-SAFETYUSE TITLE W/O COMPLY W LAW 3RD SUBSQ OFFF · 3rd

§468.8419(1d)HEALTH-SAFETYREMEDIATE IF ASSESSED W/I PAST 12 MOSM · 2nd

§468.8419(1d)HEALTH-SAFETYREMEDIATE IF ASSESSED W/I PAST 12 MOS 2ND OFFM · 1st

§468.8419(1d)HEALTH-SAFETYREMEDIATE IF ASSESS PAST 12 MOS 3RD SUBSQ OFFF · 3rd

§468.8419(1e)HEALTH-SAFETYASSESSOR INSPECT IF HAVE FINANCIAL INTERESTM · 2nd

§468.8419(1e)HEALTH-SAFETYINSPECT IF HAVE FINANCIAL INTEREST 2ND OFFM · 1st

§468.8419(1e)HEALTH-SAFETYINSPECT HAVE FINANCIAL INTEREST 3RD SUBSQ OFFF · 3rd

§468.8419(1f)HEALTH-SAFETYACCEPT UNLAWFUL REFERRAL 3RD SUBSQ OFFF · 3rd

§468.8419(1f)HEALTH-SAFETYASSESSOR ACCEPT UNLAWFUL REFERRALM · 2nd

§468.8419(1f)HEALTH-SAFETYACCEPT UNLAWFUL REFERRAL 2ND OFFM · 1st

§468.8419(1g)HEALTH-SAFETYOFFER UNLAWFUL REFERRAL 3RD SUBSQ OFFF · 3rd

§468.8419(1g)HEALTH-SAFETYASSESSOR OFFER UNLAWFUL REFERRALM · 2nd

§468.8419(1g)HEALTH-SAFETYOFFER UNLAWFUL REFERRAL 2ND OFFM · 1st

§468.8419(1h)HEALTH-SAFETYASSESSOR ACCEPT UNLAWFUL ENGAGEMENTM · 2nd

§468.8419(1h)HEALTH-SAFETYACCEPT UNLAWFUL ENGAGEMENT 2ND OFFM · 1st

§468.8419(1h)HEALTH-SAFETYACCEPT UNLAWFUL ENGAGEMENT 3RD SUBSQ OFFF · 3rd

§468.8419(2a)HEALTH-SAFETYREMEDIATOR W/ORK W/O REQ TRAINING PROTECTIONM · 2nd

§468.8419(2a)HEALTH-SAFETYW/ORK W/O REQ TRAINING PROTECTION 2ND OFFM · 1st

§468.8419(2a)HEALTH-SAFETYWORK W/O REQ TRAINING PROTECTION 3RD SUBSQ OFFF · 3rd

§468.8419(2b)HEALTH-SAFETYW/ORK W/O COMPLIANCE WITH LAWM · 2nd

§468.8419(2b)HEALTH-SAFETYW/ORK W/O COMPLIANCE WITH LAW 2ND OFFM · 1st

§468.8419(2b)HEALTH-SAFETYW/ORK W/O COMPLIANCE WITH LAW 3RD SUBSQ OFFF · 3rd

§468.8419(2c)HEALTH-SAFETYUSE TITLE W/O COMPLIANCE W LAW 3RD SUBSQ OFFF · 3rd

§468.8419(2c)HEALTH-SAFETYREMEDIATOR USE TITLE W/O COMPLIANCE W LAWM · 2nd

§468.8419(2c)HEALTH-SAFETYUSE TITLE W/O COMPLIANCE W LAW 2ND OFFM · 1st

§468.8419(2d)HEALTH-SAFETYPERFORM ASSESS IF RECENT REMED 3RD SUBSQ OFFF · 3rd

§468.8419(2d)HEALTH-SAFETYPERFORM ASSESSMENT IF RECENTLY REMEDIATEDM · 2nd

§468.8419(2d)HEALTH-SAFETYPERFORM ASSESS IF RECENTLY REMEDIATED 2ND OFFM · 1st

§468.8419(2e)HEALTH-SAFETYREMEDIATE IF HAVE FINANCIAL INTERESTM · 2nd

§468.8419(2e)HEALTH-SAFETYREMEDIATE IF HAVE FINANCIAL INTEREST 2ND OFFM · 1st

§468.8419(2e)HEALTH-SAFETYREMEDIATE IF FINANCE INTEREST 3RD SUBSQ OFFF · 3rd

§468.8419(2f)HEALTH-SAFETYREMEDIATOR ACCEPT UNLAWFUL REFERRALM · 2nd

§468.8419(2f)HEALTH-SAFETYACCEPT UNLAWFUL REFERRAL 2ND OFFM · 1st

§468.8419(2f)HEALTH-SAFETYACCEPT UNLAWFUL REFERRAL 3RD SUBSQ OFFF · 3rd

§468.8419(2g)HEALTH-SAFETYREMEDIATOR OFFER UNLAWFUL REFERRALM · 2nd

§468.8419(2g)HEALTH-SAFETYOFFER UNLAWFUL REFERRAL 2ND OFFM · 1st

§468.8419(2g)HEALTH-SAFETYOFFER UNLAWFUL REFERRAL 3RD SUBSQ OFFF · 3rd

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Incident365 Florida, LLC v. Ocean Pointe v. Condo. Ass'n, Inc. (Fla. 3d DCA 2024).

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Incident365 Florida, LLC v. Ocean Pointe v. Condo. Ass'n, Inc. (Fla. 3d DCA 2024). · cites it 2× “128, Florida Statutes, and unlicensed mold remediation under section 468.8419, Florida Statutes. The Associations filed amended motions for summary judgment based on their affirmative defenses of unlicensed contracting and unlicensed mold remediation, asserting that each defense…”

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