Florida Statute 468.8419 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

View Entire Chapter

F.S. 468.8419

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).”

F.S. 468.8419 on Google Scholar

F.S. 468.8419 on Casetext

Amendments to 468.8419

Arrestable Offenses / Crimes under Fla. Stat. 468.8419

Level: Degree
Misdemeanor/Felony: First/Second/Third

S468.8419 1a - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO TRAINING - M: S

S468.8419 1a - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO TRAINING 2ND OFF - M: F

S468.8419 1a - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO TRAINING 3RD OFF - F: T

S468.8419 1b - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO LICENSE - M: S

S468.8419 1b - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO LICENSE 2ND OFF - M: F

S468.8419 1b - HEALTH-SAFETY - PERFORM MOLD ASSESSMENT WO LICENSE 3RD OFF - F: T

S468.8419 1c - HEALTH-SAFETY - USE TITLE MOLD ASSESSOR WO COMPLY WITH LAW - M: S

S468.8419 1c - HEALTH-SAFETY - USE TITLE MOLD ASSESSOR WO COMPLY W LAW 2D OFF - M: F

S468.8419 1c - HEALTH-SAFETY - USE TITLE WO COMPLY W LAW 3RD SUBSQ OFF - F: T

S468.8419 1d - HEALTH-SAFETY - REMEDIATE IF ASSESSED W/IN PAST 12 MOS - M: S

S468.8419 1d - HEALTH-SAFETY - REMEDIATE IF ASSESSED W/IN PAST 12 MOS 2ND OFF - M: F

S468.8419 1d - HEALTH-SAFETY - REMEDIATE IF ASSESS PAST 12 MOS 3RD SUBSQ OFF - F: T

S468.8419 1e - HEALTH-SAFETY - ASSESSOR INSPECT IF HAVE FINANCIAL INTEREST - M: S

S468.8419 1e - HEALTH-SAFETY - INSPECT IF HAVE FINANCIAL INTEREST 2ND OFF - M: F

S468.8419 1e - HEALTH-SAFETY - INSPECT HAVE FINANCIAL INTEREST 3RD SUBSQ OFF - F: T

S468.8419 1f - HEALTH-SAFETY - ASSESSOR ACCEPT UNLAWFUL REFERRAL - M: S

S468.8419 1f - HEALTH-SAFETY - ACCEPT UNLAWFUL REFERRAL 2ND OFF - M: F

S468.8419 1f - HEALTH-SAFETY - ACCEPT UNLAWFUL REFERRAL 3RD SUBSQ OFF - F: T

S468.8419 1g - HEALTH-SAFETY - ASSESSOR OFFER UNLAWFUL REFERRAL - M: S

S468.8419 1g - HEALTH-SAFETY - OFFER UNLAWFUL REFERRAL 2ND OFF - M: F

S468.8419 1g - HEALTH-SAFETY - OFFER UNLAWFUL REFERRAL 3RD SUBSQ OFF - F: T

S468.8419 1h - HEALTH-SAFETY - ASSESSOR ACCEPT UNLAWFUL ENGAGEMENT - M: S

S468.8419 1h - HEALTH-SAFETY - ACCEPT UNLAWFUL ENGAGEMENT 2ND OFF - M: F

S468.8419 1h - HEALTH-SAFETY - ACCEPT UNLAWFUL ENGAGEMENT 3RD SUBSQ OFF - F: T

S468.8419 2a - HEALTH-SAFETY - REMEDIATOR WORK WO REQ TRAINING PROTECTION - M: S

S468.8419 2a - HEALTH-SAFETY - WORK WO REQ TRAINING PROTECTION 2ND OFF - M: F

S468.8419 2a - HEALTH-SAFETY - WORK WO REQ TRAINING PROTECTION 3RD SUBSQ OFF - F: T

S468.8419 2b - HEALTH-SAFETY - WORK WO COMPLIANCE WITH LAW - M: S

S468.8419 2b - HEALTH-SAFETY - WORK WO COMPLIANCE WITH LAW 2ND OFF - M: F

S468.8419 2b - HEALTH-SAFETY - WORK WO COMPLIANCE WITH LAW 3RD SUBSQ OFF - F: T

S468.8419 2c - HEALTH-SAFETY - REMEDIATOR USE TITLE WO COMPLIANCE W LAW - M: S

S468.8419 2c - HEALTH-SAFETY - USE TITLE WO COMPLIANCE W LAW 2ND OFF - M: F

S468.8419 2c - HEALTH-SAFETY - USE TITLE WO COMPLIANCE W LAW 3RD SUBSQ OFF - F: T

S468.8419 2d - HEALTH-SAFETY - PERFORM ASSESSMENT IF RECENTLY REMEDIATED - M: S

S468.8419 2d - HEALTH-SAFETY - PERFORM ASSESS IF RECENTLY REMEDIATED 2ND OFF - M: F

S468.8419 2d - HEALTH-SAFETY - PERFORM ASSESS IF RECENT REMED 3RD SUBSQ OFF - F: T

S468.8419 2e - HEALTH-SAFETY - REMEDIATE IF HAVE FINANCIAL INTEREST - M: S

S468.8419 2e - HEALTH-SAFETY - REMEDIATE IF HAVE FINANCIAL INTEREST 2ND OFF - M: F

S468.8419 2e - HEALTH-SAFETY - REMEDIATE IF FINANCE INTEREST 3RD SUBSQ OFF - F: T

S468.8419 2f - HEALTH-SAFETY - REMEDIATOR ACCEPT UNLAWFUL REFERRAL - M: S

S468.8419 2f - HEALTH-SAFETY - ACCEPT UNLAWFUL REFERRAL 2ND OFF - M: F

S468.8419 2f - HEALTH-SAFETY - ACCEPT UNLAWFUL REFERRAL 3RD SUBSQ OFF - F: T

S468.8419 2g - HEALTH-SAFETY - REMEDIATOR OFFER UNLAWFUL REFERRAL - M: S

S468.8419 2g - HEALTH-SAFETY - OFFER UNLAWFUL REFERRAL 2ND OFF - M: F

S468.8419 2g - HEALTH-SAFETY - OFFER UNLAWFUL REFERRAL 3RD SUBSQ OFF - F: T

S468.8419 3 - HEALTH-SAFETY - VIOLATE MOLD ASSESSOR LAW - M: S

S468.8419 3 - HEALTH-SAFETY - VIOLATE MOLD ASSESSOR LAW 2ND OFF - M: F

S468.8419 3 - HEALTH-SAFETY - VIOLATE MOLD ASSESSOR LAW 3RD OFF - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 468.8419

Total Results: 1

Incident365 Florida, LLC v. Ocean Pointe v. Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: and unlicensed mold remediation under section 468.8419, Florida Statutes. The Associations filed