Fla. Admin. Code Ann. R. 61-31.101 - License Requirements

(1) For the purposes of department evaluation of applications:

(a) A degree in a "related field of science," as required by Section 468.8413(2), F.S., includes a degree in any biology, chemistry, environmental, earth, or physical science.

(b) To establish "documented field experience," as required by Section 468.8413(2), F.S., an applicant for licensure as a mold remediator must submit a list of fifteen (15) remediation projects performed, in whole or in part, by the applicant or proof of employment in mold remediation services. To establish "documented field experience," as required by Section 468.8413(2), F.S., an applicant for licensure as a mold assessor must submit a list of fifteen (15) mold assessment projects performed, in whole or in part, by the applicant or proof of employment in mold assessment services. 15 projects for each 12 month period equals one year of experience.

(c) To establish training in water (moisture intrusion), mold, and respiratory protection, an applicant must submit a certificate(s) of completion or verifiable documentation of completion of such training.

(d) To establish direct supervision as that term is used in Sections 468.841 and 468.8411(4), F.S., a licensed mold assessor and/or mold remediator shall direct and exercise control over the activities of a person under their supervision by being physically present at the job site or by utilizing interactive audio and video technology. The method of supervision used must be documented.

(2) The Department shall issue a license to an applicant who complies with subsection (3) or (4) and complies with the following:

(a) The requirements as set forth in Chapter 468, Part XVI, F.S.;

(b) Submits a completed form DBPR MRS 0701, "Application for Licensure," effective July 2023, adopted and incorporated herein by reference, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://www.flrules.org/Gateway/Reference.asp?No=Ref-17160.

(c) Submits the following fees with the application:

1. Application fee of $125.00.

2. Licensure fee of $100.00.

3. Unlicensed Activity fee of $5.00.

(d) Submits a complete set of electronic fingerprints through the following procedure:

1. Applicants can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the Department. Applicants shall provide the vender the Originating Agency Identification (ORI) number FL 924260Z when submitting fingerprints.

2. Livescan vendors approved by the Florida Department of Law Enforcement may be obtained at http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.

3. Applicants must provide accurate demographic information at the time the fingerprints are taken. The Department will not be able to process a submission that does not include a Social Security number.

a. Applicants shall clearly identify the profession for which they are seeking licensure and submit their fingerprints payment to the vendor.

4. Out of State applicants:

a. Applicants that live out of state may submit fingerprints by requesting a fingerprint card from the Department of Business and Professional Regulation.

b. Once the applicant receives the fingerprint card, the applicant may obtain fingerprints at a local enforcement office.

c. Prior to mailing the fingerprint card, applicants must log onto the Pearson VUE website at https://pearson.ibtfingerprint.com/ in order to submit the card and pay for ink card submission.

d. Upon successful completion, the applicant shall print the confirmation page.

e. Applicants shall mail the completed card and a copy of the confirmation page in a packet to: FLDBPR, Florida Fingerprinting Program, Prints Inc., 119 East Park Avenue, Tallahassee, FL 32301.

(3) All applicants for licensure by examination must, in addition to the requirements of subsection (2):

(a) Provide proof of completion of education and/or experience requirements as required in Section 468.8413, F.S.

(b) Pass an examination as approved by the Department as described in Rule 61-31.102, F.A.C.

(4) All applicants for licensure by endorsement must, in addition to the requirements of subsection (2):

(a) Comply with the requirements set forth in Section 468.8414(3), F.S.;

(b) Demonstrate that the applicant holds a valid license to practice mold assessment or mold remediation under the law of another state or territory of the United States, if the criteria for issuance of the licensee is substantially the same as the licensure criteria established by this Chapter 468, Part XVI, F.S. and the rules of the Department;

(c) Demonstrate that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an examination approved by the Department as required by Section 468.8413, F.S., and Rule 61-31.102, F.A.C.;

(5) "Good Moral Character":

(a) The following shall be considered evidence showing a lack of good moral character for which the Department may deny a licensure application:

1. A criminal history records check by the Florida Department of Law Enforcement indicating the applicant has pled guilty or nolo contendere to, or been found guilty of, regardless of adjudication, a crime that directly relates to the profession of mold remediation or mold assessment, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a mold remediator or mold assessor include, but are not limited to, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury;

2. A criminal history records check by the Florida Department of Law Enforcement which exhibits a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. It is the applicant's repeated flaunting of or ignoring the law that evidences a lack of the moral character needed to perform the duties and assume the responsibilities of a mold remediator or mold assessor, not the particular relationship of any one of the violations to the professional responsibilities of a mold remediator or mold assessor;

3. The presence of prior civil lawsuits decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of mold remediators or mold assessors or any related professions, such as construction or engineering. Such lawsuits include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

4. The presence of prior administrative actions taken against any of the applicant's prior or current professional licenses held in any jurisdiction, decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of mold remediator or mold assessor or any related professions, such as construction or engineering. Such administrative actions include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

5. Prior payment by check to the Department of any fee when there are insufficient funds to pay the same, if the applicant, upon notification by the Department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the Department; and

6. Prior denial of licensure, registration, certification, or permit application by the Department or any agency by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

7. Conviction of a crime as set forth in Section 775.16, F.S., pertaining to certain offenses involving controlled substances.

(b) The Department shall consider any documentation provided by the applicant in determining the applicant's good moral character. The following documentation may be provided by the applicant to the Department to assist in the determination of moral character:

1. A statement from the applicant explaining the applicant's criminal/unlawful conduct and the reason the applicant believes the Department should issue the license,

2. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred,

3. Documentation evidencing successful rehabilitation,

4. Recommendations from parole or probation officers who supervised the applicant,

5. Recommendations from the prosecuting attorney or sentencing judge,

6. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer,

7. Police reports or transcripts which reveal the underlying facts of the crime,

8. Documentation evidencing the conduct was an isolated occurrence contrary to the applicant's normal pattern of behavior; and,

9. Documentation evidencing community or civic activities with which the applicant has been associated. It is the applicant's responsibility to provide such mitigating evidence to the Department.

(c) If the applicant makes incomplete, misleading or false statements regarding material facts in applying, such action will establish the applicant's lack of good moral character, and the application will be denied.

(d) If the Department determines based on the evidence provided for in paragraph (4)(a) of this rule, that the applicant does not possess good moral character, or the applicant has failed to provide documents to substantiate good moral character within the time limitations of Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the Department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the department that, through the submission of additional information or with additional time for investigation and verification, the applicant's good moral character might be established.

(6) Any person desiring to change the status of his or her mold-related license shall submit a completed Form DBPR MRS 0705, Maintenance Form effective April 2013, adopted and incorporated by reference, which may be obtained at http://www.flrules.org/Gateway/Reference.asp?No=Ref-03684.

Notes

Fla. Admin. Code Ann. R. 61-31.101

Rulemaking Authority 455.2035, 468.8413(5), 468.8424 FS. Law Implemented 455.213, 559.79, 468.841, 468.8411, 468.8413, 468.8414 FS.

New 1-30-14, Amended by Florida Register Volume 40, Number 122, June 24, 2014 effective 7/8/2014, Amended by Florida Register Volume 47, Number 235, December 7, 2021 effective 12/20/2021, Amended by Florida Register Volume 50, Number 226, November 19, 2024 effective 12/3/2024.

New 1-30-14, Amended 7-8-14, 12-20-21.