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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to toxic mold protections; providing a 2
short title; creating s. 83.252, F.S.; requiring 3
commercial and industrial real property landlords to 4
provide certain written disclosures to tenants under 5
certain circumstances; providing requirements for such 6
disclosure; providing an exception; providing that 7
such landlords are not required to conduct certain 8
tests of dwelling units or buildings; requiring 9
tenants of commercial and industrial real property to 10
provide certain written notice to landlords under 11
certain circumstances; requiring tenants to make the 12
property available to certain persons for assessment 13
or remediation; providing requirements for landlords; 14
providing applicability; creating s. 83.253, F.S.; 15
requiring certain public entities to p rovide written 16
disclosure to occupants and prospective tenants of 17
buildings owned, leased, or operated by such public 18
entities; providing requirements for such disclosure; 19
providing an exception; creating s. 83.501, F.S.; 20
requiring residential landlords to provide certain 21
written disclosures to prospective and current tenants 22
under certain circumstances; providing requirements 23
for such disclosures; providing an exception; 24
providing that such landlords are not required to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conduct certain tests of dwelling un its or buildings; 26
providing construction; creating s. 381.0073, F.S.; 27
providing definitions; creating s. 381.00731, F.S.; 28
creating the Toxic Mold Protection Advisory Council 29
adjunct to the Department of Health; providing a 30
purpose; providing for membership , meetings, and 31
duties of the advisory council; requiring the advisory 32
council to submit a report to the State Surgeon 33
General, Governor, and Legislature by a specified 34
date; creating s. 381.00732, F.S.; requiring the 35
department to develop and adopt, in co nsultation with 36
the advisory council, permissible exposure limits to 37
molds for indoor environments; requiring the 38
department to consider certain criteria when 39
developing and adopting such limits; authorizing the 40
department to develop alternative permissibl e exposure 41
limits to molds applicable to certain facilities; 42
requiring the department to post a certain notice on 43
its public website; providing requirements for such 44
notice; authorizing the department to review and 45
consider adopting by reference informatio n prepared by 46
or on behalf of certain authoritative bodies for a 47
specified purpose; requiring the department to review 48
the adopted permissible exposure limits to molds 49
periodically and amend under certain circumstances; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requiring the department to submit a report to the 51
Governor and Legislature by a specified date; 52
requiring the department to adopt rules; creating s. 53
381.00733, F.S.; requiring the department to develop 54
and adopt, in consultation with the advisory council, 55
standards for assessing the health threat from 56
exposure to molds in indoor environments; requiring 57
the department to consider certain criteria when 58
developing and adopting such standards; authorizing 59
the department to develop alternative mold assessment 60
standards applicable to certain facil ities; requiring 61
the department to post a certain notice on its public 62
website; providing requirements for such notice; 63
authorizing the department to review and consider 64
adopting by reference information prepared by or on 65
behalf of certain authoritative bo dies for a specified 66
purpose; requiring the department to review the 67
adopted mold assessment standards periodically and 68
amend under certain circumstances; requiring the 69
department to submit a report to the Governor and 70
Legislature by a specified date; requ iring the 71
department to adopt rules; creating s. 381.00734, 72
F.S.; requiring the department to develop and adopt, 73
in consultation with the advisory council, guidelines 74
for identifying molds in indoor environments; 75
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providing requirements for such guidelines; requiring 76
the department to consider certain criteria when 77
developing and adopting such guidelines; prohibiting 78
the department from requiring a commercial and 79
industrial real property landlord, residential 80
landlord, or public entity to conduct certain tes ts of 81
dwelling units or buildings for a specified purpose; 82
requiring the department to post a certain notice on 83
its public website; providing requirements for such 84
notice; authorizing the department to review and 85
consider adopting by reference information prepared by 86
or on behalf of certain authoritative bodies for a 87
specified purpose; requiring the department to review 88
the adopted mold identification guidelines 89
periodically and amend under certain circumstances; 90
requiring the department to submit a report to the 91
Governor and Legislature by a specified date; 92
requiring the department to adopt rules; creating s. 93
381.00735, F.S.; requiring the department to develop 94
and adopt, in consultation with the advisory council, 95
guidelines for remediating molds in indoor 96
environments; providing requirements for such 97
guidelines; requiring the department to consider 98
certain criteria when developing and adopting such 99
guidelines; prohibiting the department from requiring 100
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a commercial and industrial real property landlord, 101
residential landlord, or public entity to conduct 102
certain tests of dwelling units or buildings for a 103
specified purpose; requiring the department, in 104
consultation with the Florida Building Commission, to 105
develop a reporting form for building inspections; 106
requiring the department to post a certain notice on 107
its public website; providing requirements for such 108
notice; authorizing the department to review and 109
consider adopting by reference information prepared by 110
or on behalf of certain authoritative bodies for a 111
specified purpose; requiring the department to review 112
the adopted mold remediation guidelines periodically 113
and amend under certain circumstances; requiring the 114
department to make specified information available to 115
the public upon request and on its public we bsite; 116
requiring the department to develop and disseminate 117
certain educational materials and resources; requiring 118
the department to submit a report to the Governor and 119
Legislature by a specified date; requiring the 120
department to adopt rules; creating s. 381.00736, 121
F.S.; providing for enforcement of the permissible 122
exposure limits to molds, the mold assessment 123
standards, and certain disclosure requirements; 124
requiring the department, in consultation with the 125
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Department of Business and Professional Regulation, to 126
develop forms for the required disclosures and 127
establish penalties; prohibiting a penalty from being 128
assessed against a residential landlord under certain 129
circumstances; requiring the Department of Health to 130
adopt rules; creating s. 689.302, F.S.; requ iring a 131
seller or transferor of commercial and industrial real 132
property to provide a written disclosure to 133
prospective buyers within a specified timeframe under 134
certain circumstances; providing an exception; 135
providing construction; providing that a transfe ror to 136
a real estate contract or a listing or selling agent 137
is not liable under certain circumstances; providing 138
an effective date. 139
140
Be It Enacted by the Legislature of the State of Florida: 141
142
Section 1. This act may be cited as the "Toxic Mold 143
Protections Act." 144
Section 2. Section 83.252, Florida Statutes, is created to 145
read: 146
83.252 Commercial and industrial real properties; 147
disclosure and notice. — 148
(1) Except as otherwise provided in this section, a 149
commercial and industrial real property lan dlord shall provide 150
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written disclosure to prospective and current tenants when the 151
landlord knows that mold, both visible and invisible or hidden, 152
is present that affects, as defined in s. 381.0073, the dwelling 153
unit or the building and the mold either exc eeds the permissible 154
exposure limits to molds adopted pursuant to s. 381.00732 or 155
poses a health threat in accordance with the mold assessment 156
standards adopted pursuant to s. 381.00733. The written 157
disclosure must be provided to: 158
(a) Prospective tenants as soon as practicable and before 159
entering into a rental agreement. 160
(b) Current tenants in affected dwelling units and 161
buildings as soon as is reasonably practicable. 162
(2)(a) A commercial and industrial real property landlord 163
is exempt from providing w ritten disclosure to prospective 164
tenants as required in subsection (1) if the presence of mold 165
was remediated in accordance with the mold remediation 166
guidelines adopted pursuant to s. 381.00735. 167
(b) A commercial and industrial real property landlord is 168
not required to conduct air or surface tests of dwelling units 169
or buildings to determine whether the presence of mold exceeds 170
the permissible exposure limits to molds adopted pursuant to s. 171
381.00732. 172
(3) A tenant of a commercial and industrial real prope rty 173
who knows or is informed that mold is present in the building, 174
heating system, ventilating or air -conditioning system, or 175
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appurtenant structures, or that there is a condition of chronic 176
water intrusion or flood, shall inform the landlord in writing 177
of such knowledge within a reasonable period of time. The tenant 178
shall make the property available to the landlord or his or her 179
agents for appropriate assessment or remedial action as soon as 180
is reasonably practicable if the landlord is responsible for 181
maintenance of the property. This section does not affect any 182
existing duties and obligations of tenants and landlords under 183
this part. 184
(4) Commercial and industrial real property landlords who 185
know or have received notice that mold is present in the 186
building, heating system, ventilating or air -conditioning 187
system, or appurtenant structures, or that there is a condition 188
of chronic water intrusion or flood, have an affirmative duty, 189
within a reasonable period of time, to assess the presence of 190
mold or condition likely to result in the presence of mold and 191
conduct any necessary remediation. 192
(5) The requirements of this section do not apply to 193
properties where the tenant is contractually responsible for 194
maintenance of the property, including any remediation. How ever, 195
any tenant of a commercial and industrial real property who 196
knows or is informed that mold is present in the building, 197
heating system, ventilating or air -conditioning system, or 198
appurtenant structures, or that there is a condition of chronic 199
water intrusion or flood, and is responsible for maintenance of 200
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the property, shall inform the landlord in writing of such 201
knowledge as soon as is reasonably practicable and shall remedy 202
the condition in compliance with the terms of the rental 203
agreement. 204
Section 3. Section 83.253, Florida Statutes, is created to 205
read: 206
83.253 Properties owned, leased, or operated by public 207
entities; disclosure. — 208
(1) A public entity that owns, leases, or operates a 209
building shall provide written disclosure to all building 210
occupants and prospective tenants when the public entity knows, 211
or has reasonable cause to believe, that a condition of chronic 212
water intrusion or flood exists, or that mold, both visible and 213
invisible or hidden, is present that affects, as defined in s. 214
381.0073, the building or dwelling unit and the mold either 215
exceeds the permissible exposure limits to molds adopted 216
pursuant to s. 381.00732 or poses a health threat in accordance 217
with the mold assessment standards adopted pursuant to s. 218
381.00733. The written disclosure shall be provided to: 219
(a) Prospective tenants as soon as practicable and before 220
entering into a rental agreement. 221
(b) Current building occupants in affected dwelling units 222
or buildings as soon as is reasonably practicable. 223
(2) A public entity is exempt from providing written 224
disclosure to prospective tenants as required in subsection (1) 225
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if the presence of mold was remediated in accordance with the 226
mold remediation guidelines adopted pursuant to s. 381.00735. 227
Section 4. Section 83. 501, Florida Statutes, is created to 228
read: 229
83.501 Residential properties; disclosure. — 230
(1) Except as otherwise provided in this section, a 231
residential landlord shall provide written disclosure to 232
prospective and current tenants when the residential lan dlord 233
knows, or has reasonable cause to believe, that mold, both 234
visible and invisible or hidden, is present that affects, as 235
defined in s. 381.0073, the dwelling unit or the building and 236
the mold either exceeds the permissible exposure limits to molds 237
adopted pursuant to s. 381.00732 or poses a health threat in 238
accordance with the mold assessment standards adopted pursuant 239
to s. 381.00733. The written disclosure must be provided to: 240
(a) Prospective tenants before entering into a rental or 241
lease agreement. 242
(b) Current tenants in affected dwelling units and 243
buildings as soon as is reasonably practicable. 244
(2)(a) A residential landlord is exempt from providing 245
written disclosure to prospective tenants as required in 246
subsection (1) if the presence of mold was remediated in 247
accordance with the mold remediation guidelines adopted pursuant 248
to s. 381.00735. 249
(b) A residential landlord is not required to conduct air 250
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or surface tests of dwelling units or buildings to determine 251
whether the presence of mold exceed s the permissible exposure 252
limits to molds adopted pursuant to s. 381.00732. 253
(3) Residential landlords shall provide written disclosure 254
to prospective tenants of the potential health risks and the 255
health impact that may result from exposure to mold by 256
distributing educational materials and resources developed and 257
disseminated by the Department of Health pursuant to s. 258
381.00735. 259
(4)(a) This section does not relieve a seller, transferor, 260
lessor, agent, landlord, or tenant from any responsibility for 261
compliance with other requirements under state law. 262
(b) This section does not alter or modify any right, 263
remedy, or defense otherwise available under state law. 264
Section 5. Section 381.0073, Florida Statutes, is created 265
to read: 266
381.0073 Definitions. —For purposes of this section and ss. 267
381.00731-381.00736, the term: 268
(1) "Advisory council" means the Toxic Mold Protection 269
Advisory Council created pursuant to s. 381.00731. 270
(2) "Affect" means to cause a condition by the presence of 271
mold in a dwelling un it, building, appurtenant structures, 272
common wall, heating system, or ventilating or air -conditioning 273
system that affects the indoor air quality of the dwelling unit 274
or building. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) "Authoritative bodies" means any recognized national 276
or international entities with expertise in public health, mold 277
identification and remediation, or environmental health, 278
including, but not limited to, other states, the United States 279
Environmental Protection Agency, the World Health Organization, 280
the American Conference of Governmental Industrial Hygienists, 281
the Centers for Disease Control and Prevention, and the American 282
Industrial Hygiene Association. 283
(4) "Building code enforcement official" has the same 284
meaning as in s. 468.603(3). 285
(5) "Department" means the Departme nt of Health. 286
(6) "Indoor environment" means the affected dwelling unit 287
or affected commercial and industrial building. 288
(7) "Industrial hygienist" has the same meaning as in s. 289
501.937(3)(b). 290
(8) "Mold" means any form of multicellular fungi that 291
lives on plant or animal matter and in indoor environments, 292
including, but not limited to, Cladosporium, Penicillium, 293
Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, 294
Mucor, and Stachybotrys Chartarum, and is often found in water -295
damaged building materials. 296
(9) "Person" means an individual, corporation, company, 297
association, partnership, limited liability company, 298
municipality, public utility, or other public body or 299
institution. 300
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(10) "Public health officer" means a local health officer 301
or director of a county health department. 302
Section 6. Section 381.00731, Florida Statutes, is amended 303
to read: 304
381.00731 Toxic Mold Protection Advisory Council. — 305
(1) The Toxic Mold Protection Advisory Council, an 306
advisory council as defined in s. 20.03(7), is created adjunct 307
to the department for the purpose of making recommendations and 308
advising and assisting the department in the development and 309
adoption of permissible exposure limits to molds in indoor 310
environments and other mold identification, assessment, and 311
remediation standards and guidelines. 312
(2) The advisory council shall consist of 17 members as 313
follows: 314
(a) Two members who are public health officers, appointed 315
by the State Surgeon General. 316
(b) One member who is an environmental hea lth 317
professional, appointed by the State Surgeon General. 318
(c) One member who has expertise on the adverse health 319
effects from exposure to molds, appointed by the State Surgeon 320
General. 321
(d) One member who is a building code enforcement 322
official, appointed by the Secretary of Business and 323
Professional Regulation. 324
(e) One member who is a mold abatement expert, appointed 325
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by the Secretary of Business and Professional Regulation. 326
(f) Two members who are industrial hygienists, appointed 327
by the Secretary of Agriculture. 328
(g) One member who represents a large school district and 329
one member who represents a rural school district, appointed by 330
the Commissioner of Education. 331
(h) One member who represents an organization or 332
association advocating for insurers, appointed by the Chief 333
Financial Officer. 334
(i) One member who represents an organization or 335
association advocating for employees and one member who 336
represents an organization or association advocating for 337
employers, appointed by the Governor. 338
(j) Two members who represent an organization or 339
association advocating for affected consumers, including, but 340
not limited to, commercial and industrial tenants; residential 341
tenants; homeowners; environmental groups; and attorneys, 342
appointed by the President of the Senate. 343
(k) Two members who represent an organization or 344
association advocating for affected industries, including, but 345
not limited to, commercial and industrial building proprietors, 346
managers, and landlords; residential building proprietors, 347
managers, and landlords; builders; realtors; suppliers of 348
building materials; and suppliers of furnishings, appointed by 349
the Speaker of the House of Representatives. 350
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(3)(a) The initial members of the advisory council must be 351
appointed by September 1, 2022. Each me mber must be appointed to 352
a 4-year term. However, in order to achieve staggered terms, 353
eight of the initial members must be appointed to a 2 -year term 354
and nine of the initial members must be appointed to a 4 -year 355
term. 356
(b) A vacancy on the advisory counc il shall be filled in 357
the same manner as the original appointment. 358
(c) The advisory council shall elect a chair from among 359
its members. 360
(d) Members of the advisory council shall serve without 361
compensation and are not entitled to reimbursement for per d iem 362
and travel expenses pursuant to s. 112.061. 363
(4)(a) The advisory council shall convene its first 364
meeting by October 1, 2022. Thereafter, the advisory council may 365
meet upon the call of the chair or upon the request of a 366
majority of its members. 367
(b) Meetings may be conducted in person or by 368
teleconference or other electronic means. 369
(5) The advisory council shall make recommendations and 370
advise and assist the department regarding the development and 371
adoption of permissible exposure limits to molds in indoor 372
environments and other mold identification, assessment, and 373
remediation standards and guidelines pursuant to ss. 381.00732 -374
381.00735. 375
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(6) By February 1, 2023, the advisory council shall submit 376
a report regarding its progress in performing its duti es under 377
subsection (5) to the State Surgeon General, the Governor, the 378
President of the Senate, and the Speaker of the House of 379
Representatives. 380
Section 7. Section 381.00732, Florida Statutes, is created 381
to read: 382
381.00732 Permissible exposure limit s to mold in indoor 383
environments; report. — 384
(1) The department, in consultation with the advisory 385
council, shall: 386
(a) Develop and adopt permissible exposure limits to mold 387
in indoor environments that avoid adverse effects on public 388
health, with an adequ ate margin of safety, and avoid any 389
significant risk to public health. 390
(b) Balance the protection of public health with 391
technological and economic feasibility when it develops and 392
adopts permissible exposure limits to mold. 393
(c) Use and include the late st scientific data or existing 394
mold standards adopted by authoritative bodies. 395
(d) Develop and adopt permissible exposure limits to mold 396
that target the general population. 397
(2) The department shall consider all of the following 398
criteria when it develops and adopts the permissible exposure 399
limits to mold: 400
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(a) The adverse health effects from exposure to mold on 401
the general population and the specific adverse health effects 402
from exposure to mold on members of subgroups that comprise a 403
meaningful portion of the general population, including, but not 404
limited to, infants, children 6 years of age or younger, 405
pregnant women, elderly persons, persons with asthma or 406
allergies, persons who are immune compromised, or other 407
subgroups that are identifiable as being at greater risk of 408
adverse health effects from exposure to mold than the general 409
population. 410
(b) Existing permissible exposure limits to molds, if any, 411
adopted by authoritative bodies. 412
(c) The technological and economic feasibility of 413
compliance with the proposed permissible exposure limits to 414
mold. For the purpose of determining economic feasibility, the 415
department shall consider the costs of compliance to tenants, 416
landlords, homeowners, and other affected parties. 417
(d) Any toxicological studie s or additional scientific 418
evidence relating to mold. 419
(3) The department may develop and adopt alternative 420
permissible exposure limits to mold that are applicable to 421
facilities, including, but not limited to, hospitals, child care 422
facilities, and nursing homes, whose primary business is to 423
serve members of subgroups, as described in paragraph (2)(a), 424
that comprise a meaningful portion of the general population and 425
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are at greater risk of adverse health effects from exposure to 426
molds than the general population. 427
(4)(a) Upon commencing its duties under this se ction, the 428
department shall post a notice on its public website informing 429
interested persons that it is developing and adopting 430
permissible exposure limits to molds and including a brief 431
description or a bibliography of the technical documents or 432
other information the department has identified as relevant to 433
developing and adopting the permissible exposure limits to mold. 434
(b) The notice shall also inform persons who wish to 435
submit information regarding mold exposure of the contact 436
information of the perso n within the department to whom the 437
information may be sent, the date by which the information must 438
be received in order for the department to consider it in the 439
development and adoption of the permissible exposure limits to 440
molds, and a statement that all information submitted to the 441
department will be made available to any person upon request. 442
(5) The department may review and consider adopting by 443
reference any information prepared by or on behalf of the United 444
States Environmental Protection Agency, or other authoritative 445
bodies, for the purpose of adopting national permissible 446
exposure limits to molds. 447
(6)(a) After the permissible exposure limits to molds are 448
adopted, the department shall review such limits at least once 449
every 5 years and shall amend such limits if any of the 450
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following occur: 451
1. Changes in technology or mold treatment techniques that 452
permit a materially greater protection of public health. 453
2. New scientific evidence that indicates that molds may 454
present a materially different risk to public health than was 455
previously determined. 456
(b) The department may amend the permissible exposure 457
limits to molds to make the limits less stringent if the 458
department shows clear and convincing evidence that the 459
permissible exposure limits to molds should be made less 460
stringent. 461
(7) By July 1, 2023, the department shall submit a report 462
to the Governor, the President of the Senate, and the Speaker of 463
the House of Representatives regarding its progress in 464
developing and adopting the permissible expos ure limits to 465
molds. 466
(8) The department shall adopt rules to implement this 467
section. 468
Section 8. Section 381.00733, Florida Statutes, is created 469
to read: 470
381.00733 Standards for assessing health threat from 471
exposure to molds in indoor environments; report.— 472
(1) The department, in consultation with the advisory 473
council, shall develop and adopt standards for assessing the 474
health threat from exposure to molds, both visible and invisible 475
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or hidden, in indoor environments, which must do all of the 476
following: 477
(a) Protect the public health. 478
(b) Notwithstanding paragraph (a), balance the protection 479
of public health with technological and economic feasibility 480
when it adopts mold assessment standards. 481
(c) Use and include the latest scientific data or ex isting 482
mold assessment standards adopted by authoritative bodies. 483
(d) Target the general population. 484
(e) Ensure that air or surface testing is not required to 485
determine whether the presence of mold, both visible and 486
invisible or hidden, in indoor envir onments constitutes a health 487
threat. 488
(2) The department shall consider all of the following 489
criteria when it develops and adopts the mold assessment 490
standards: 491
(a) The adverse health effects from exposure to molds on 492
the general population and the spec ific adverse health effects 493
from exposure to mold on members of subgroups that comprise a 494
meaningful portion of the general population, including, but not 495
limited to, infants, children age 6 years of age or younger, 496
pregnant women, elderly persons, persons with asthma or 497
allergies, persons who are immune compromised, or other 498
subgroups that are identifiable as being at greater risk of 499
adverse health effects from exposure to molds than the general 500
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population. 501
(b) Existing mold assessment standards, if any, adopted by 502
authoritative bodies. 503
(c) The technological and economic feasibility of 504
compliance with the proposed mold assessment standards. For the 505
purposes of determining economic feasibility, the department 506
shall consider the costs of compliance to ten ants, landlords, 507
homeowners, and other affected parties. 508
(d) Any toxicological studies or additional scientific 509
evidence relating to mold. 510
(3) The department may develop and adopt alternative mold 511
assessment standards which are applicable to facilities , 512
including, but not limited to, hospitals, child care facilities, 513
and nursing homes, whose primary business is to serve members of 514
subgroups, as described in paragraph (2)(a), that comprise a 515
meaningful portion of the general population and are at greater 516
risk of adverse health effects from exposure to molds than the 517
general population. 518
(4)(a) Upon commencing its duties under this section, the 519
department shall post a notice on its public website informing 520
interested persons that it is developing and adopting mold 521
assessment standards and including a brief description or a 522
bibliography of the technical documents or other information the 523
department has identified as relevant to developing and adopting 524
the mold assessment standards. 525
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(b) The notice shal l also inform persons who wish to 526
submit information regarding mold assessment of the contact 527
information of the person within the department to whom the 528
information may be sent, the date by which the information must 529
be received in order for the departmen t to consider it in the 530
development and adoption of the mold assessment standards, and a 531
statement that all information submitted to the department will 532
be made available to any person upon request. 533
(5) The department may review and consider adopting by 534
reference any information prepared by or on behalf of the United 535
States Environmental Protection Agency, or other authoritative 536
bodies, for the purpose of adopting national mold assessment 537
standards. 538
(6) After the mold assessment standards are adopted, t he 539
department shall review such standards at least once every 5 540
years and shall amend such standards if any of the following 541
occurs: 542
(a) Changes in technology or mold treatment techniques 543
that permit a materially greater protection of public health. 544
(b) New scientific evidence that indicates that exposure 545
to molds may present a materially different risk to public 546
health than was previously determined. 547
(7) By July 1, 2023, the department shall submit a report 548
to the Governor, the President of the Senat e, and the Speaker of 549
the House of Representatives regarding its progress in 550
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developing and adopting the mold assessment standards. 551
(8) The department shall adopt rules to implement this 552
section. 553
Section 9. Section 381.00734, Florida Statutes, is cre ated 554
to read: 555
381.00734 Guidelines for identifying molds in indoor 556
environments; report. — 557
(1) The department, in consultation with the advisory 558
council, shall develop and adopt guidelines for identifying 559
molds, water damage, or microbial volatile organ ic compounds in 560
indoor environments. 561
(2)(a) The mold identification guidelines must include 562
scientifically valid methods for identifying molds, including, 563
but not limited to, methods for collecting air, surface, and 564
bulk samples; visual identification; o lfactory identification; 565
laboratory analysis; measurements for the amount of moisture and 566
molds present; and other recognized analytical methods used for 567
identifying molds. 568
(b) The department, in consultation with the advisory 569
council, shall develop and adopt mold identification guidelines 570
that must do all of the following: 571
1. Avoid adverse effects on the health of the general 572
population, with an adequate margin of safety, and avoid any 573
significant risk to public health. 574
2. Notwithstanding subparagrap h 1., balance the protection 575
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of public health with technological and economic feasibility. 576
3. Use and include the latest scientific data or existing 577
mold identification guidelines adopted by authoritative bodies. 578
(c) The department shall consider all o f the following 579
criteria when it develops and adopts mold identification 580
guidelines: 581
1. The permissible exposure limits to molds adopted 582
pursuant to s. 381.00732 or what constitutes a health threat 583
from exposure to mold, both visible and invisible or hid den, in 584
an indoor environment pursuant to the mold assessment standards 585
adopted pursuant to s. 381.00733. 586
2. Existing mold identification guidelines, if any, 587
adopted by authoritative bodies. 588
3. Professional judgment and practicality. 589
4. Any toxicological studies or additional scientific 590
evidence relating to mold. 591
(3) The department may not require a commercial and 592
industrial real property landlord, a residential landlord, or a 593
public entity that rents or leases a dwelling unit or building 594
to conduct air or surface tests of dwelling units or buildings 595
to determine whether the presence of mold exceeds the 596
permissible exposure limits to molds adopted pursuant to s. 597
381.00732. However, the department shall develop a reporting 598
form for building inspection s which may be used to document the 599
presence of mold within dwelling units or buildings. 600
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(4)(a) Upon commencing its duties under this section, the 601
department shall post a notice on its public website informing 602
interested persons that it is developing and adopting mold 603
identification guidelines and including a brief description or a 604
bibliography of the technical documents or other information the 605
department has identified as relevant to developing and adopting 606
the mold identification guidelines. 607
(b) The notice shall also inform persons who wish to 608
submit information relating to mold identification of the 609
contact information of the person within the department to whom 610
the information may be sent, the date by which the information 611
must be received for the d epartment to consider it in the 612
development and adoption of the mold identification guidelines, 613
and a statement that all information submitted to the department 614
will be made available to any person upon request. 615
(5) The department may review and consider adopting by 616
reference any information prepared by or on behalf of the United 617
States Environmental Protection Agency, or other authoritative 618
bodies, for the purpose of adopting national mold identification 619
guidelines. 620
(6) After the mold identification gu idelines are adopted, 621
the department shall review such guidelines at least once every 622
5 years and shall amend such guidelines, as necessary, based 623
upon the availability of new scientific data or information 624
regarding effective mold identification. 625
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(7) By July 1, 2023, the department shall submit a report 626
to the Governor, the President of the Senate, and the Speaker of 627
the House of Representatives regarding its progress in 628
developing and adopting the mold identification guidelines. 629
(8) The department sha ll adopt rules to implement this 630
section. 631
Section 10. Section 381.00735, Florida Statutes, is 632
created to read: 633
381.00735 Guidelines for remediating mold in indoor 634
environments; report. — 635
(1)(a) The department, in consultation with the advisory 636
council, shall develop, adopt, and disseminate guidelines for 637
remediating molds in indoor environments which must do all of 638
the following: 639
1. Provide practical guidance for the removal of mold and 640
abatement of the underlying cause of mold and associated water 641
intrusion and water damage in indoor environments. 642
2. Protect public health. 643
3. Notwithstanding subparagraph 2., balance the protection 644
of public health with technological and economic feasibility. 645
4. Use and include toxicological reports, the latest 646
scientific data, or existing mold remediation standards and 647
guidelines adopted by authoritative bodies. 648
5. Provide practical guidance for the removal or cleaning 649
of contaminated materials in a manner that protects the health 650
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of the person performi ng the abatement. 651
6. Include criteria for personal protective equipment. 652
(b) The mold remediation guidelines may not require a 653
landlord, owner, seller, or transferor to be specially trained 654
or certified or use the services of a qualified licensed 655
professional to conduct the mold remediation. 656
(2) The department shall consider all of the following 657
criteria when it develops and adopts the mold remediation 658
guidelines: 659
(a) The permissible exposure limits to molds adopted 660
pursuant to s. 381.00732 or what constitutes a health threat 661
from exposure to mold, both visible and invisible or hidden, in 662
an indoor environment pursuant to the mold assessment standards 663
adopted pursuant to s. 381.00733. 664
(b) Existing mold remediation standards and guidelines, if 665
any, adopted by authoritative bodies. 666
(c) Professional judgment and practicality. 667
(3) The department may not require a commercial and 668
industrial real property landlord, a residential landlord, or a 669
public entity that rents or leases a dwelling unit or build ing 670
to conduct air or surface tests of dwelling units or buildings 671
to determine whether the presence of mold exceeds the 672
permissible exposure limits to molds adopted pursuant to s. 673
381.00732. However, the department, in consultation with the 674
Florida Building Commission, shall develop a reporting form for 675
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building inspections which may be used to document the presence 676
of mold within dwelling units or buildings. 677
(4)(a) Upon commencing its duties under this section, the 678
department shall post a notice on its public website informing 679
interested persons that it is developing and adopting mold 680
remediation guidelines and including a brief description or a 681
bibliography of the technical documents or other information the 682
department has identified as relevant to deve loping and adopting 683
the mold remediation guidelines. 684
(b) The notice shall also inform persons who wish to 685
submit information relating to mold remediation of the contact 686
information of the person within the department to whom the 687
information may be sent, the date by which the information must 688
be received for the department to consider it in the development 689
and adoption of the mold remediation guidelines, and a statement 690
that all information submitted to the department will be made 691
available to any person u pon request. 692
(5) The department may review and consider adopting by 693
reference any information prepared by or on behalf of the United 694
States Environmental Protection Agency, or other authoritative 695
bodies, for the purpose of adopting national mold remediat ion 696
guidelines. 697
(6) After the mold remediation guidelines are adopted, the 698
department shall review such guidelines at least once every 5 699
years and shall amend such guidelines, as necessary, based upon 700
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the availability of new scientific data or informatio n on 701
effective mold remediation. 702
(7)(a) The department shall make available to the public 703
upon request information about contracting for the removal of 704
mold in a building or the surrounding environment, including, 705
but not limited to, all of the following : 706
1. Recommended steps to take when contracting with a 707
company to remove mold. 708
2. Existing laws, regulations, and guidelines developed by 709
the department relating to permissible exposure limits to molds 710
and mold infestation, identification, and remediat ion. 711
3. Basic health information as contained in existing mold 712
publications. 713
(b)1. The department shall develop and disseminate 714
educational materials and resources to inform the public about 715
the adverse health effects of molds; methods to prevent, 716
identify, and remediate mold growth; resources to obtain 717
information about molds; and contact information for persons, 718
organizations, or governmental entities to assist with public 719
concerns about molds. 720
2. The department shall make its educational materials and 721
resources available to public health officers, environmental 722
health officers, commercial and residential landlord 723
organizations, homeowners' organizations, and tenants' 724
organizations. The educational materials and resources must be 725
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made readily availab le to the general public. 726
3. The educational materials and resources must be 727
comprehensible by the general public, published in appropriate 728
languages that reflect the diversity of the state, and made 729
available on the department's public website. 730
(8) By July 1, 2023, the department shall submit a report 731
to the Governor, the President of the Senate, and the Speaker of 732
the House of Representatives regarding its progress in 733
developing and adopting the mold remediation guidelines. 734
(9) The department shall adopt rules to implement this 735
section. 736
Section 11. Section 381.00736, Florida Statutes, is 737
created to read: 738
381.00736 Enforcement. — 739
(1) Public health officers, code enforcement officers, 740
environmental health officers, city attorneys, and any other 741
appropriate government entities or officials may respond to 742
complaints about mold and may enforce the permissible exposure 743
limits to molds adopted by the department pursuant to s. 744
381.00732, the mold assessment standards adopted by the 745
department pursuant to s. 381.00733, and the disclosure 746
requirements in ss. 83.252, 83.253, 83.501, and 689.302. 747
(2) The department, in consultation with the Department of 748
Business and Professional Regulation, shall develop forms for 749
the disclosures required in ss. 83.252, 83.253, 83.501, and 750
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689.302 and establish any penalties that may be imposed for 751
failure to comply with the disclosure requirements. A penalty 752
may not be assessed against a residential landlord for failure 753
to disclose under s. 83.501 when the residential la ndlord 754
provides disclosure to the tenants in a form that substantially 755
conforms to the disclosure form developed by the department and 756
adopted in rule. 757
(3) The department shall adopt rules to implement this 758
section. 759
Section 12. Section 689.302, Flori da Statutes, is created 760
to read: 761
689.302 Sale or transfer of commercial and industrial real 762
property; disclosures. — 763
(1)(a) Except as otherwise provided in this section, a 764
seller or transferor of commercial and industrial real property 765
shall provide written disclosure to prospective buyers as soon 766
as practicable before the transfer of title when the seller or 767
transferor knows of the presence of mold, both visible and 768
invisible or hidden, that affects the dwelling unit or building 769
and the mold either exce eds permissible exposure limits to molds 770
adopted pursuant to s. 381.00732 or poses a health threat in 771
accordance with the mold assessment standards adopted pursuant 772
to s. 381.00733. 773
(b) A seller or transferor of commercial and industrial 774
real property is exempt from providing written disclosure under 775
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paragraph (a) if the presence of mold was remediated according 776
to the mold remediation guidelines adopted pursuant to s. 777
381.00735. 778
(2)(a) This section does not affect the existing 779
obligations of the partie s or transferors to a real estate 780
contract, or their listing or selling agents, to disclose any 781
facts materially affecting the value and desirability of the 782
property, including, but not limited to, the physical conditions 783
of the property and previously rec eived reports of physical 784
inspections. 785
(b) This section does not alter or modify the existing 786
inspection and disclosure duties of a real estate broker 787
licensed under chapter 475. 788
(3) A transferor to a real estate contract, or a listing 789
or selling agent, is not liable for any error, inaccuracy, or 790
omission of any information delivered pursuant to this section 791
if the error, inaccuracy, or omission was not within the 792
personal knowledge of the transferor, or the listing or selling 793
agent, or was based on inf ormation timely provided by public 794
agencies, or by other persons providing relevant information by 795
delivery of a report or opinion prepared by an expert dealing 796
with matters within the relevant scope of the professional's 797
license or expertise, and ordinary care was exercised in 798
obtaining and transmitting such report or opinion. 799
Section 13. This act shall take effect upon becoming a 800
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law. 801