Governor Jeb Bush Vetoes Toxic Inspection Mold Bill

[Guest guest]

Governor Jeb Bush Vetoes Toxic Inspection Mold Bill, Vows to

Protect the Public

http://www.imakenews.com/pureaircontrols/e_article000420841.cfm?

x=b58g2HP,bvtv58G

Tampa, Florida June 29, 2005 -- In a letter to the Florida Secretary

of State Governor Bush stated that he was not prepared to limit the

current practices for the mold inspectors practicing mold

investigations. Both Environmental Diagnostics laboratory (EDLab)

and Pure Air Control Services supports the Governor's position that

the Florida legislature bill is necessary as it required the

following:

- Educational Requirements for Mold Assessors and Mold

Remediatiors

- Liability Insurance

- Prohibits certain acts that could lead to fraudulent

practices

- Provides penalties for those acts

- Protects the general public from unscrupulous businesses

- Provides strict standards for practioners

Alan Wozniak, president of Pure Air Control Services indicated

that " a bill to legitimize the mold industry and provide

standardization is critical, but it is also essential to incorporate

specifities that covers not only mold but also other related indoor

environmental contaminants. "

Though there were many admirable actions of the bill it also created

potential problems. The inherent flaws and unintended consequences

of the bill included:

- Putting legitimate and responsible employees out of

business

- Only mold regulation and no other environmental

deficiencies such as bacteria, endotoxins, allergens, chemicals,

comfort factors, building pressurization, hygienic conditions,

moisture conditions, etc.

- Grandfathering some home inspectors, but not legitimate

professional industrial hygiene firms

- Unclear educational requirements

- Training requirements were too soon

- Ambiguity in establishing clear educational requirements

- Specifity with regard to the kinds of training curriculum

- Lack of standardization for the practioners

- Unintended effect to allow insurers to deny payment for

mold claims under homeowners policies

The Governors office will be working with the State of Florida

Department of Professional Regulation (DBPR) along with various

stakeholders to develop proposed legislation that will help to find

solutions to protect the general public.

Governor Jeb Bush's letter to the Florida Secretary of State:

http://www.iaqcouncil.org/PDF-

Files/HB_315_Home_Inspection_Services_VETO.pdf

# # #

Pure Air Control Services, Inc.

June 22, 2005

Ms. Glenda E. Hood

Secretary of State

Department of State

R.A. Gray Building

500 South Bronough Street

Tallahassee, Florida 32399-0250

Dear Secretary Hood:

By the authority vested in me as Governor of Florida, under the

provisions of Article III,

Section 8, of the Constitution of Florida, I do hereby withhold my

approval of and transmit

to you with my objections, House Bill 315, enacted during the 107th

Session of the

Legislature of Florida since statehood in 1845, during the Regular

Session of 2005, and

entitled:

An act relating to building assessment and remediation . . .

This bill seeks to provide public protection against the possibility

of fraudulent practices in

the unregulated fields of home inspection, mold assessment, and mold

remediation. It

provides education requirements and requires liability insurance for

home inspectors,

mold assessors, and mold remediators, prohibits certain acts which

could lead to

fraudulent practices, and provides penalties for those acts.

I support efforts to protect the public from unscrupulous business

practices and I believe

providing strict standards for home inspectors, mold assessors, and

mold remediators is

warranted.

However, I am concerned that this bill will have unintended

consequences, including

putting some legitimate and responsible employees out of business.

The bill grandfathers

some home inspectors but does not provide for the grandfathering of

responsible and

experienced mold assessors and remediators. This will likely put

employees and

companies that cannot complete the bill's education and training

requirements by January

1, 2006 out of business.

Additionally, the bill is somewhat ambiguous and does not provide

clear guidance to the

industry in some areas. For example, the bill does not establish

clear educational and

examination requirements. While this bill requires training, it

contains no specificity with

regard to what kinds of curriculum and/or standards are necessary

for home inspectors,

mold assessors or mold remediators. Further, the bill appears to

arbitrarily require high

school and college degrees while presenting no clear reason why.

Ms. Glenda E. Hood

June 22, 2005

Page Two

Finally, the bill requires mold assessors to maintain a mold-

specific insurance policy and

in-contracting mold remediators to maintain a general liability

insurance policy with a mold

insurance pollution rider, both in an amount of not less than $1

million. There is some

question as to whether these policies will be available by the

required date of October 1,

2005. There is a further concern that this will have the unintended

effect of allowing

insurers to deny payments for mold claims under a homeowner policy

if work on a home

has been performed by a mold assessor or remediator.

Because I agree with the bill's sponsors that additional consumer

protection is warranted

in these fields, I have directed Secretary Diane Carr of the

Department of Business and

Professional Regulation to work with various stakeholders during the

interim to develop

proposed legislation. I encourage legislators to participate in this

process and hope that

they will work with the department to find a solution that protects

the public while providing

a constructive business climate in which legitimate and responsible

Florida businesses

can compete.

For the reasons enunciated, I withhold my support for House Bill

315, and do hereby veto

the same.

Sincerely,

Jeb Bush