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John Lapotaire, CIEC Microshield

M.A.R.C. takes the HB 5007 fight to the Budget Conference

The Senate and House have begun the budget conference process in earnest.

Sen. Dennis Jones and Senator Steve Wise who had originally passed the legislation regarding the Mold Inspection and Remediation licensure statutes have All vowed to help us derail the requirements and the new grandfathering period. However we need to keep making contacts with those I listed.

I also attach for you the list of persons on the House and Senate Budget conference Committee and the House Natural Resources committee members who should also be contacted at this time.

Please email or send the suggested message which is attached.

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SAMPLE LETTER

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__________, 2011

Dear (insert name from below list here)

As you begin the conference process I am writing to you with my concerns regarding HB 5007. As a conforming bill, this bill would virtually eliminate the educational requirements for mold remediators and mold assessors. It would also grandfather mold assessors and remediators for an additional period of time allowing marginally qualified persons, as well as untrained Home Inspectors, to become licensed.

This bill as a streamlining of regulations has never been heard in the senate and leaves home owners and business owners open to the fraud and unprofessional practices experienced until the profession was regulated. With many drywall problems unresolved, now is not the time to leave the public unprotected.

Please oppose this bill or strike the mold assessor and remediation language from the bill.

Please contact me or Gene Adams at (850) 222-3533, our lobbyist, should you have any questions.

Cordially,

Senate Budget Subcommittee or General Government Appropriations

Hays, Alan (Chair)

324 Senate Office Building

Tallahassee, FL 32399

(850) 487-5014

Hays.alan.web@flsenate.gov

M.A.R.C. Update to HB 5007

M.A.R.C. Contributors and Florida Mold Professionals

As you know the Budget committee refused the House mold language in HB 5007 and sent it up the ladder to the committee chairs.

This weekend the Budget Committee Chairs have decided to send the HB 5007 Mold Amendment forward as it stands to the Committee Presiding Officers and then to the floor for a vote.

We need to now focus on sending emails and phone calls to the presiding officers. The message remains the same.

M.A.R.C. is still in need of your support both financially and through your emails. If you are not currently listed on the M.A.R.C. website as a supporter please go to the M.A.R.C. website www.MARCFL.com and fill out a contribution pledge to STOP the amendment of the Current Mold Licensing Law.

Please send this email out and ask all of your peers to do the same.

The email subject should be “No to HB 5007″


Dear Senator/Representitive

As the session continues I am writing to you with my concerns regarding HB 5007.

Please DO NOT Amend the Current Mold Licensing Law.

Training in water, mold, and respiratory protection are crucial to the safe and correct assessment and remediation of mold. The necessary training is in accordance with ANSI and OSHA.

American National Standard Institute Approved S500 – Standard and Reference Guide for Professional Water Damage Restoration

American National Standard Institute Approved S520 – Standard and Reference Guide for Mold Remediation

Occupational Safety and Health Administration OSHA’s Respiratory Protection Standard (29 CFR 1910.134 and 29 CFR 1926.103) OSHA is the main federal agency charged with the enforcement of safety and health legislation


Please oppose this bill.


Thank you.



Budget Committee

alexander.jd.web@flsenate.gov, negron.joe.web@flsenate.gov, altman.thad.web@flsenate.gov, benacquisto.lizbeth.web@flsenate.gov, bogdanoff.ellyn.web@flsenate.gov, fasano.mike.web@flsenate.gov,
flores.anitere.web@flsenate.gov, gaetz.don.web@flsenate.gov, hays.alan.web@flsenate.gov, joyner.arthenia.web@flsenate.gov,
lynn.evelyn.web@flsenate.gov,nmargolis.gwen.web@flsenate.gov,
montford.bill.web@flsenate.gov, rich.nan.web@flsenate.gov, richter.garrett.web@flsenate.gov, simmons.david.web@flsenate.gov,
siplin.gary.web@flsenate.gov, sobel.eleanor.web@flsenate.gov,
thrasher.john.web@flsenate.gov, wise.stephen.web@flsenate.gov

M.A.R.C.’s fight to preserve the Current Mold Licensing Law moves to the Florida Senate.

The Florida House approved HB 5005 that would end the licensure and regulation of 14 professions; luckily Mold Related Services were removed from that bill via the mold services amendment Bill HB5007. The Florida House did approved HB5007 that would amend the current Mold Licensing requirements Mold Related Services. Before the bill can become a law it still needs to make it through the Senate.

The house quickly moved the “Hot Potato” amendment bill through the House and left it in the hands of the Senate.

HB Bill 5007 amends 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.

Dan Pollock, M.A.R.C.’s voice on the hill, feels the Florida Senate may be unwilling to pass similar bills. The Palm Beach Post reported today that Sen. John Thrasher, R-St. Augustine, a former House Speaker, was hesitant to eliminate or reduce laws protecting Florida consumers. He was quoted as saying, "To me, even as a conservative Republican, I still think there is room for some regulation, particularly when it impacts on the public."

You can learn more about the bill and read it here: http://www.flsenate.gov/Session/Bill/2011/5007

HELP support the Mold Industry by Supporting M.A.R.C. Mold Assessment & Remediation Coalition of Florida

Go to the M.A.R.C. website and give your support by Contributing to the fight to keep our current Licensing Law.

M.A.R.C. Mold Assessment & Remediation Coalition  of Florida

Florida's Professionals - No Experience (or Education) Needed.

Florida Republicans have introduced H.B.5005 & 5007 to reduce or in most cases totally ELIMINATE ALL LICENSING & REGULATION

The key to the logic behind these mysterious bills is to discover WHICH specific item has been hidden in plain sight WITHIN the GROUP being deregulated that SOMEBODY thinks is worth selling the entire state down the river for.

The OTHER professions included in these bills represent, and have been successfully employed as, a diversionary smokescreen.

HB 5005 Relating to Deregulation of Professions and Occupations (2011 Session)

Deregulation of Professions and Occupations: Deletes provisions establishing Florida Board of Auctioneers & Motor Vehicle Repair Advisory Council, deletes provisions for regulation of yacht & ship brokers, auctioneers, talent agencies, athlete agents, persons practicing hair braiding, hair wrapping, or body wrapping, interior designers, professional fundraising consultants & solicitors, water vending machines & operators, health studios, ballroom dance studios, commercial telephone sellers & salespersons, movers & moving brokers, certain outdoor theaters, certain business opportunities, motor vehicle repair shops, sellers of travel, contracts with sales representatives involving commissions, & television picture tubes; revises name & membership of Board of Architecture; revises license classifications of public lodging establishments. Effective Date: July 1, 2011

04/07/11 HOUSE Read Third Time; Passed (Vote: 77 Yeas / 38 Nays);
Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conference

HB 5007 Relating to Reducing and Streamlining Regulations (2011 Session)

Reducing and Streamlining Regulations: Revises various provisions relating to professions & occupations regulated by DBPR or DOACS, including distribution of motor vehicle consumer's rights pamphlet; transfer of certain driver license information by DHSMV to DBPR; requirements for home inspectors, mold assessors & remediators, asbestos consultants & contractors & landscape architects; professional practice standards for real estate brokers & sales associates; criminal penalties for persons who violate orders or rules of Florida Real Estate Commission or Florida Real Estate Appraisal Board or persons who violate Florida Cosmetology Act or rules of Board of Cosmetology; continuing education requirements for reactivating licenses to practice certain regulated professions & occupations; licensure requirements for CPAs & firms; education requirements for licensed real estate brokers & sales associates; certification of business organizations practicing architecture or interior design; method of payment of certain fees; terminology for repossessor schools & training facilities; penalties for food safety violations committed by cottage food operations; exemptions for cottage food operations from food permitting requirements; regulation of public lodging & food service establishments & fire protection system contractors; department responsibility for Motor Vehicle Warranty Enforcement Act; & regulation of real estate appraisers & appraisal management companies. Effective Date: July 1, 2011

04/07/11 HOUSE Read Third Time; Passed (Vote: 80 Yeas / 38 Nays); Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conferenc.

HB 5007 Relating to Reducing and Streamlining Regulations (2011 Session)

Reducing and Streamlining Regulations: Revises various provisions relating to professions & occupations regulated by DBPR or DOACS, including distribution of motor vehicle consumer's rights pamphlet; transfer of certain driver license information by DHSMV to DBPR; requirements for home inspectors, mold assessors & remediators, asbestos consultants & contractors & landscape architects; professional practice standards for real estate brokers & sales associates; criminal penalties for persons who violate orders or rules of Florida Real Estate Commission or Florida Real Estate Appraisal Board or persons who violate Florida Cosmetology Act or rules of Board of Cosmetology; continuing education requirements for reactivating licenses to practice certain regulated professions & occupations; licensure requirements for CPAs & firms; education requirements for licensed real estate brokers & sales associates; certification of business organizations practicing architecture or interior design; method of payment of certain fees; terminology for repossessor schools & training facilities; penalties for food safety violations committed by cottage food operations; exemptions for cottage food operations from food permitting requirements; regulation of public lodging & food service establishments & fire protection system contractors; department responsibility for Motor Vehicle Warranty Enforcement Act; & regulation of real estate appraisers & appraisal management companies. Effective Date: July 1, 2011

04/07/11 HOUSE Read Third Time; Passed (Vote: 80 Yeas / 38 Nays); Immediately Certified; Requests that the Senate pass the bill as passed by the House or agree to conference

When something doesn't smell right (and this one truly stinks) there's usually a reason.

And it often entails a LOT of money changing hands.

BOVO INTRODUCES DISASTROUS DEREGULATION BILL, HANDS OFF THE TICKING TIME BOMB, THEN PROMPTLY RESIGNS TO RUN FOR A LOWER OFFICE.

Representative Esteban L. Bovo, Jr. (R-FL) suddenly resigned in the middle of the lawmaking session to run for the Miami-Dade County Commission. Bovo’s unusual mid-session departure leaves the House a member short, though the GOP will still hold a comfortable two-thirds majority in the chamber. He represents a solidly Republican district.

A couple of his bills will be shepherded through the remaining weeks of the session by other Miami-Dade lawmakers.

Speaking of BOVO, HB 5005, the bill HE INTRODUCED to lower or ELIMINATE state regulations on more than 20 industries, has been shifted off to Rep. Dorothy Hukill, R-Port Orange, who chairs the House Economic Affairs Committee.

Bovo entered politics as an aide to two former state lawmakers and to former Hialeah Mayor Raul Martinez*. Bovo failed in his first bid for legislative office in 1992, eventually making it onto the Hialeah City Council, and he joined the House a decade later, in 2008.

*MIAMI, March 26, 1991— A jury in Federal District Court today found Mayor Raul Martinez of the Miami suburb of Hialeah guilty of racketeering and extortion in the sale of his votes and influence on zoning matters in return for about $1 million in cash or property from developers. Mayor Martinez, who has been suspended from office since the charges were brought against him last year, faces up to 120 years in prison and up to $1.5 million in fines.

Hialeah politics has a long, and admittedly rather colorful history of corruption.

His key achievement as a legislator, Bovo said, was bringing horse racing back to historic Hialeah Park.

Bovo used to work as the park’s marketing director and lobbyist. He now lobbies for Miami Children’s Hospital.

Bovo abruptly left his post as state House of Representatives legislator -- in the middle of the law-making session -- to run for the county commission seat vacated by former Commissioner Natacha Seijas, who was tossed out of office in the same recall election that also ousted county Mayor Carlos Alvarez.

This alone should raise some very large red flags as to his motives. People with political aspirations generally climb up, not down, as this man is doing.

The key to the logic behind these mysterious bills is to discover WHICH specific item has been hidden in plain sight WITHIN the GROUP being deregulated that SOMEBODY thinks is worth selling the entire state down the river for.

The OTHER professions included in these bills represent, and have been successfully employed as, a diversionary smokescreen.

Read more: http://www.miamiherald.com/2011/03/25/2134237/state-lawmaker-bovo-resigns-to.html#ixzz1J4yHfA39

BOVO's VOTING RECORD in Florida House of Representatives:

Current Office: State House
Current District: 110
Party: Republican

BiographicalVoting RecordIssue Positions
(Political Courage Test)Interest Group RatingsCampaign Finances

Business and Consumers

2010 Representative Bovo supported the interests of the Associated Industries of Florida 92 percent in 2010.

2010 Representative Bovo supported the interests of the Associated Industries of Florida - Lifetime 91 percent during their legislative career up until 2010.

2010 Representative Bovo supported the interests of the Florida Chamber of Commerce 87 percent in 2010.

2009 Representative Bovo supported the interests of the Associated Builders and Contractors 100 percent in 2009.

2009 Representative Bovo supported the interests of the Associated Industries of Florida 90 percent in 2009.

2009 Representative Bovo supported the interests of the Associated Industries of Florida - Lifetime 90 percent during their legislative career up until 2009.

2009 Representative Bovo supported the interests of the Florida Chamber of Commerce 75 percent in 2009.

Conservative

2009 Representative Bovo supported the interests of the Christian Coalition of Florida 78.6 percent in 2009.

Gun Issues

2010 In 2010 the National Rifle Association Political Victory Fund gave Representative Bovo a grade of A.

Labor

2009 Representative Bovo supported the interests of the Florida AFL-CIO 0 percent in 2009.

SOURCE: BOVO record: http://www.votesmart.org/issue_rating_category.php?can_id=73705

Palm Beach Post 04/08/11
House passes bills eliminating, reducing state licensing requirements for professions:

http://www.palmbeachpost.com/news/state/house-passes-bills-eliminating-reducing-state-licensing-requirements-1384356.html

Florida Mold Licensing Law Update!!!

As the Florida Mold Licensing Law grandfathering phase draws to a close and mold assessors scramble to submit their application for grandfathering our industry once again hit's the headlines.

February 16, 2011 House Bill 4171 submitted to the Florida House of Representatives, an attempt to repeal the current Florida mold related services legislation.

February 21, 2011 Orlando Mold Remediator Arrested, accused of running fraud scheme.

There is some controversy over the law and whether or not it will actually protect Florida citizens. I believe it's a good law and I believe it actually provides a means for Florida citizens to ensure that their mold remediator or mold assessor has met the minimum requirements of the state required to perform the services on their home. In addition it gives the citizens of Florida a means of either reporting or reviewing previously reported complaints regarding the mold remediators or mold assessors that they may hire.

This is the part of the law that is most beneficial to Florida’s citizens. If Floridians file enough complaints against any licensee for either mold remediation or mold assessment the state can revoke the remediators or assessors license. This is how the state actually uses licensing laws to protect the citizens. Clearly just meeting the minimum requirements of any state licensed doesn't mean that you're going to be the greatest general contractor, physician, or mold remediator. The ability to revoke a license fees license is the true power in the states licensing program.

This is truly providing Florida citizens protection against widespread scams and fraud perpetrated by mold remediators whom for years have falsified mold testing results in an effort to secure mold remediation jobs.

The issue of regulating the mold assessment and mold remediation industry has been in the headlines since 2007 when Gov. Crist signed Senate Bill 2234 into law. There have been many who have pushed to repeal the law feeling that there is no need to regulate the mold related services industry I would have to say that the headlines just this week show that we have a substantial need for regulation and mold related services industry.

Let's just review what has taken place in the state of Florida in the last seven days.

Wednesday of last week February 16th, 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 or mediators and mold assessors to obtain a state license.

Monday of this week February 21st, 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 remediation is and mold assessors to be licensed by the state.

Monday February 21st, the same day that Senator Norman filed SB 2214, the owner of an Orlando Mold Inspection and Remediation Business was Arrested on charges that he falsified testing records and defrauded customers, according to the Department of Environmental Protection.

So the very same day that Sen. Bill Norman filed a bill to repeal the current licensing law the DEP Department of Environmental Protection arrest a mold remediator who was performing his own testing in an effort to secure mold remediation jobs.

This remediator faces charges of grand theft, insurance fraud, and violations of the RICO act.

This Mold Remediator he violated the current state legislation stating that he cannot provide mold remediation and assessment on the same job.

I find it hard to imagine that either Representative Grant or Senator Norman couldn't see the benefit of the current legislation and the overwhelming need to protect Florida citizens from fraudulent remediators who also perform their own assessment.

Maybe Representative Grant and Senator Norman need to review the legislative purpose of the current mold licensing legislation.

The Florida State Mold Law Legislative purpose.–The Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.

The Orlando mold remediator was arrested on charges that he falsified testing records and defrauded customers in an effort to secure more remediation jobs.

The current legislation would provide Florida citizens a means of reporting any questionable or fraudulent actions by either mold remediators or mold assessors. This provides both a means for future citizens to review complaints of any mold remediator or mold assessor they may want to hire.

Furthermore current legislation provides the state the power to revoke the license of any mold remediator or mold assessor based on the remediate her or assessor’s history of complaints as investigated and confirmed by the state.

The mold remediator arrested Monday by the DEP had more than 29 filed complaints, 29. Clearly you won't find any licensed professional in the state of Florida with 29 complaints lodged against them before the state of Florida revokes their license.

The current Florida mold related services legislation provides Florida citizens a means for reporting fraudulent acts committed by mold or mediators and mold assessors protecting their neighbors from fraudulent remediators and assessors. By requiring mold remediators and mold assessors to obtain a license we have provided a central location for our citizens to report fraudulent cases so they can be investigated by the state just as any other licensed professional the state of Florida. And just as any other licensed professional in the state of Florida that enough complaints are lodged in the state feels it necessary a license can be revoked.

DEP alleges the mold remediator, arrested an Orlando Monday, obtained samples that he told his clients would be tested, however, no testing occurred. Rather the remediator provided fictitious laboratory reports to clients that were extremely technical.

The mold remediator then offered assistance in performing “remediation,” for the mold problems — tearing out walls, carpet, flooring and cabinets — in order to remove the supposed mold.

This is the very reason that we have the current Florida mold related services legislation. The current licensing laws prevent mold remediate it from providing their own testing which prevents the number one scam in the mold related services industry, falsified mold testing.

I challenge both Representative Grant and Senator Norman to reread the following legislation and rethink the need to repeal a law that can have such an immediate affect protecting Florida citizens from unnecessary mold related services scams.

As of July 1, 2010 the state of Florida Prohibits anyone from performing or offering 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. 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). 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. 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. A mold remediator shall maintain a general liability insurance policy in an amount of not less than $1,000,000 that includes specific coverage for mold-related claims.

Mold Related Services Licensing Law Grandfathering

The requirements for grandfathering as amended by House Bill 713 include submission of an application to the department by March 1, 2011, whether postmarked or delivered by that date. Applicants must meet the following licensure requirements:

HB 4171 – Mold Related Services Filed Wednesday, February 16, 2011 2:41 PM

GENERAL BILL by Grant District 47

Mold-Related Services: Repeals provisions relating to DBPR's mold-related services licensing program, regulation of mold assessment & mold remediation, examination, licensure, continuing education, & discipline of mold assessors & mold remediators, & certification of corporations & partnerships offering mold assessment or mold remediation to public.

SB 1244: Mold-related Services Filed Monday, February 21, 2011

GENERAL BILL by Norman District 12

Mold-related Services; Repeals provisions relating to the mold-related services licensing program of the Department of Business and Professional Regulation, the regulation of mold assessment and mold remediation, the examination, licensure, continuing education, and discipline of mold assessors and mold remediators, and the certification of corporations and partnerships offering mold assessment or mold remediation to the public. Conforms provisions.