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  • Writer's pictureCorey Provencal

M.A.R.C. and all Florida Mold Professionals Defeat HB 5007!

What a difference the professionals in our industry can make when we come together with a common goal. 

When the initial house bill was introduced the outlook was daunting.  Many thought that we would simply be overrun by the out of state deep pockets making a run at our repealing our state licensing requirements. 

Not a chance.  Not in our state.  Quickly FABI, IEAQC, NORMI, and MARC came to gather to defeate the move to either repeal or amend our current Mold Professional Licensing Law.

The fight began in February of this year and ended just last night May 6th at 10:06pm.

Here is a quick re-cap of the fast paced legislation of the past four months.

February 16th, 2011 just 12 days before the current mold related services licensing law grandfather time period elapsed, Representative James W Grant, District 47, filed HB 4171 in an effort to repeal the current legislation requiring mold remediators and mold assessors to obtain a state license.

February 21st, 2011 just seven days before the grandfathering time period elapsed, Senator Bill Norman, District 12, filed SB 2214 a sister bill intended to repeal the current Mold Related Services provision requiring both mold remediators and mold assessors to be licensed by the state.

Let’s not forget the WHY the bills were filed; The Lobbying firm of Florida Capitol Advocates, which includes former Sen. John Grant, was hired by the founder of the franchise 1-800-Got-Mold, Jason Earle.  1-800-Got-Mold, Mycelium Holdings is a New Jersey based Franchise with no current franchises in Florida.

Florida Capitol Advocates (Dad former Sen. John Grant) lobbied (son) Representative James W Grant, District 47 who introduced the bill as HB 4171 February 16th.  Senator Norman filed the sister bill in the Senate SB 1244. February 21st.

Jason Earle stated in an email sent to me that his position regarding the repeal of the current mold licensing law are as follows. “the law would inhibit our ability to expand our business in a state which needs to create jobs, not restrict commerce. We are opposed to the educational and experiential prerequisites” Jason also stated “I made it clear that I’m in favor of regulation and enforcement in the mold industry.”

Well lucky for Mr. Earle we still have regulation in the Mold Industry!

HB 4171 and SB 1244 died in committee and never made it to the floor for a vote!

This was primarily due to the introduction of HB 5005 and HB 5007.

March 15th, 2011 The introduction of PCB BCAS 11-01 (proposed committee bill) is being heard tomorrow morning in the House Business & Consumer Services Subcommittee.

This is the introduction of a proposed Bill that is “An act relating to the deregulation of professions and occupations; amending s. 20.165, F.S.;”

March 15th, 2011 CS/HB 5005 – Deregulation of Professions and Occupations, GENERAL BILL   by Economic Affairs Committee and Business & Consumer Affairs Subcommittee and Hukill.

May 6th, 2011 Failed to Pass as amended by Conference Committee Report; YEAS 6 NAYS 32 on Friday, May 06, 2011 9:51 PM

March 15th, 2011 CS/HB 5007 – Reducing and Streamlining Regulations, Mold Related services removed from HB 5005 via HB 5007.

HB Bill 5007 would amend the current Florida Mold Licensing Law by:

  1. Eliminating the education language requiring advanced education and would only require an applicant to possesses a high school diploma or its equivalent.

  2. Eliminating any documented training in water, mold, and respiratory protection and would only require an applicant to pass the current approved licensing examination.

  3. Eliminating the requirement of an applicant passing a certification examination offered by a nationally recognized organization and adds the phrase “or state”

  4. Eliminates the training in water, mold, and respiratory protection requirement in section 468.8419 Prohibitions: penalties.-

  5. Reduces the applicants experience requirement of 3 years to 1 year.

  6. Reduces the number of mold assessments or remediation invoices prepared by the applicant from 40 to 10.

These proposed amendments to the current licensing law would reduce the license to nothing more than a tax on the industry.

May 6th, 2011 HB 5007 Failed to Pass as amended by Conference Committee Report; YEAS 18 NAYS 21 on Friday, May 06, 2011 10:06 PM

The efforts to prevent the repeal and amendment of the current Mold Licensing Law seemed endless and overwhelming at times. 

If it were not for the combined efforts of the Mold Professionals from across the State which included, Industry Suppliers, Laboratories, Professional Organizations, Private Corporations, as well as Individual Mold Assessors and Remediators I’m convinced we would have either no licensing law or no education and experience requirements for a license.

I want to personally thank

  1. Our M.A.R.C Lobbyist Dan Pollock of Pollock & Associates.

  2. Harvey Gordon of IEAQC and Lobbyist, Gene Adams of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

  3. Bill Hunter of FABI Florida Home Inspectors Council, and Lobbyist Wayne Bertsch, ,

  4. Doug Hoffman of NORMI,

  5. and all of the Florida Mold Professionals who took time to write emails and make phone calls.

This is a monumental shared success for Florida Mold Professionals and M.A.R.C. of Florida.

Thank You All

John P. Lapotaire, CIEC

M.A.R.C. of Florida

Below are some of the Political Cartoons used to get our message across to the Florida House and Senate. Enjoy.

John P. Lapotaire, CIEC •  Certified Indoor Environmental Consultant •  Microshield Environmental Services, LLC

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