HB 5005 Deregulation of Professions and Occupations

March 18, 2011

HB 5005 the Florida Caveat Emptor Law. Caveat Emptor is Latin for “Let the Buyer Beware” (i.e., one buys at one’s own risk). The axiom or principle in commerce that the buyer alone is responsible for assessing the quality of a service before buying.

This is the push from the Governor to reduce government and increase jobs by allowing anyone,yes anyone, to provide you with a professional service listed in the repeal bill to do so without meeting the states current licensing requirements.

Florida floods, tornadoes, hurricanes, and other natural disasters, create a perfect feeding ground for scam artists from both inside and outside of Florida. When it comes to rip-off professionals cashing in on the misery of others, fraudulent Mold Inspectors and Mold Remediators rank high on the list.  As Floridians, we had been exposed to these fraudulent mold service professionals for years.

Last year the current Mold Services Licensing Law was passed and enacted.  Finally providing Floridians with the much needed Consumer Protection needed for years.  Floridians can now request to see a Mold Inspector or Mold Remediators License and review their history on the FL DBPR website before the make the decision to hire.

And now, the new Governor wants to repeal this much needed Mold Related Services Licensing Law.

If HB 5005 passes and we lose the Mold Related Services Licensing Law, all Floridians will once again be exposed to fraud when the next disaster hits.

States like Texas and Louisiana have Mold Related Services Licensing Laws because they know the TRUE need for Mold Services Licensing.  They have seen more than their share of Mold and Remediation Fraud recently and have enacted the necessary Mold Services Licensing Laws to protect their citizens.

We have done the same here in Florida and need to fight to keep the Current Mold Licensing Law to protect Floridians from Mold Scams and Mold Fraud.

 

Update from Dan Pollock, Pollock & Associates, Inc.

The House Business & Consumer Services Subcommittee recently approved in a partyline vote—with all Republican members voting for the bill—the proposed committee bill that would de-regulate nearly 30 licensed professionals under DBPR. The proposed committee bill (PCB) now has a bill number that you can track: HB 5005.

This link goes to HB 5005 on myfloridahouse.gov: http://myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=46688&SessionId=66

HB 5005 is now sitting in the House Economic Affairs Committee waiting to be put on an agenda. Here is the link to the members of that committee: http://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?SessionId=66&CommitteeId=2590

As of now, there is no senate companion to this bill however that can change at any time. There are individual bills to repeal the Mold Services law in its entirety, which are also in play.

The de-regulation of Mold Services is by no means a foregone conclusion! There are 7 weeks left in a 9 week session. Many members who voted for the de-reg bill last week did so based purely upon House politics; not because they believe all 30 professions should be de-regulated. Many have issues with both Home Inspectors and Mold Services going back to the unregulated, wild west that it once was. Many understand that these services were regulated because of bad actors and abuses to consumers that were occurring.

Lobbying efforts are greatly needed. If legislators do not hear from industry representatives, they often feel that it must not be a ‘big deal’ since no one is coming to see them. Emails and phone calls are very important, but they do not take the place of a lobbyist who has a personal relationship with these legislators visiting with them and explaining the history of the profession and how you got to become regulated professionals. Going unrepresented in Tallahassee would be a very risky gamble.

I believe that with hard work lobbying the members we will prevail. I have already started meeting with members to discuss the disastrous results that would occur if the legislature does away with our licensure. I have started this work so that we, as an industry, are not playing catch-up once I am retained as your lobbyist and an agreement is signed. But, I can only do so much work without an agreement and a first payment.

Please inform all interested Mold Services professionals who have a stake maintaining their licensed professional status that now is the time to step up and take action. I stand ready to work tirelessly to defeat this de-regulation measure and, again, I believe that we will prevail.

HB 5005

Deregulation of Professions and Occupations: Deletes provisions establishing DBPR’s Division of Florida Condominiums, Timeshares, & Mobile Homes, Florida Board of Auctioneers, Board of Employee Leasing Companies, Board of Landscape Architecture, Board of Professional Geologists, & Board of Professional Surveyors & Mappers, Motor Vehicle Repair Advisory Council, & Regulatory Council of Community Association Managers; deletes provisions for regulation of yacht & ship brokers, auctioneers, talent agencies, community association managers, athlete agents, employee leasing companies, home inspectors, mold assessors & remediators, professional surveyors & mappers, persons practicing hair braiding, hair wrapping, or body wrapping, interior designers, landscape architects, professional geologists, 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; deletes DBPR’s authority to enforce & ensure compliance of certain provisions relating to condominiums, cooperatives, vacation plans & timeshares, & mobile homes.

Last Event: Now in Economic Affairs Committee on Friday, March 18, 2011 3:00 PM

• John P. Lapotaire, CIEC
•  Certified Indoor Environmental Consultant
•  Microshield Environmental Services, LLC
• www.Microshield-ES.com

1 Comment | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Florida Deregulation Bill – Will It Open a Pandora’s Box of Evildoing Here in Florida?

March 17, 2011

Posted on March 15, 2011by Rosa Schechter

A bill that would remove the State of Florida from overseeing and regulating a wide variety of business activities is moving through the Florida Legislature right now — and it’s so comprehensive that even the industry leaders currently subject to agency oversight are denouncing the proposed law as bad for Florida.

As reported in today’s Orlando Sentinel in a story by Jason Garcia entitled, “Some industries balk at giant deregulation bill in Florida House ,” the bill is big – it’s 281 pages long, and even lots of businesses don’t like it.

Garcia reports that over 30 representatives (lobbyists and others) have gone before the House Business and Consumer Affairs Subcommittee to give their testimony of how bad things could get if the Florida state government were to exit the building in these various industries.  Even Disney had a man go before the committee, warning of land fraud temptations without Florida’s oversight of time shares. (Disney’s big into the time share condo business.)

What the Deregulation Bill Proposes to Do

It’s a budget cutting manuever that would take the State of Florida out of the business of overseeing and regulating 25+ professions and industries operating for profit in this state — including home inspectors, time-shares, condos, landscape architects, professional surveyors, professional mappers, and other real estate related industries as well as businesses like auto mechanics and travel agencies.

For example, here’s what is being considered regarding architects.

Architects – Currently, an Architect business must be licensed by the state, unless exempt from licensure, in addition to the requirement that the individual be licensed. Persons currently exempt from licensure include anyone who makes plans and specifications for, or supervises the erection, enlargement, or alteration of:

1. Any building upon any farm for the use of any farmer, regardless ofthecost of the building;

2. Anyone-family or two-family residence building, townhouse, or domesticoutbuilding appurtenant to any one-family or two-family residence, regardless of cost; or

3. Any other type ofbuilding costing less than $25,000, except a school,auditorium, or other building intended for public use, provided that theservices of a registered architect shall not be required for minor school projects.

The proposal is to eliminate business license equirements for sole proprietorships for individuals licensed as Architects.

Florida isn’t new to deregulation — Governor Crist made lots of headlines in 2009 regarding the extent that the State of Florida would regulate the commercial insurance industry.  There was also lots of controversy over the extent that Florida should or would oversee the telecommunications industry in the state.

However, with the new shift in power up in Tallahassee, and Governor Scott’s stated intention to run the State of Florida like a business, wide-spread deregulation like this may not face the big fight that it has seen in past years.

Deregulation From a Land Development Perspective

Land developers often find state regulations to be time-consuming and expensive, but all reputable real estate professionals still respect the reality that there are those that push the edge of the envelope (or go past it) for the sake of profit.  No one wants to open the door to a free-for-all here in Florida, just because the state is in economic hard times.

So, is this massive deregulation good for Florida?  Many respected business professionals think not.  Consider what’s being done here.  Specifically, the government would be hands-off regarding the following industries:

1. Athlete Agents

2. Auctioneers

3. Auctioneer Apprentices

4. Barbers

5. Body Wrappers

6. Business Opportunities

7. Cattle Owners with Officially Registered Brands

8. Charitable Organizations

9. Community Association Managers/Finns

10. Condominiums and Cooperatives

11. Dance Studios

12. Employee Leasing Companies

13. Hair Braiders

14. Hair Wrappers

15. Health Studios

16. Home Inspectors

17. Interior Designers

18. Intrastate Movers

19. Landscape Architects

20. Manicurists

21. Mobile Home Lots

22. Mold Related Services

23. Motor Vehicle Repair Shops

24. Professional Geology

25. Professional Surveyors and Mappers

26. Rooming Houses

27. Sellers ofTravel

28. Specialty Salons (Manicurists, Pedicurists, Nail Extensions)

29. Talent Agents

30. Telemarketing

31. Timeshares

32. Yacht and Ship Brokers

33. Television Tube Labeling (HB 4013 by Eisnaugle-Reported Favorably by BCA

Subcommittee on 2/8/11)

34. Contract Commissions (HB 4023 by Plakon- Reported Favorably by BCA

Subcommittee on 2/8/11)

35. Water Vending Machines (HB 4009 by Workman- Reported Favorably by BCA

Subcommittee on 2/8/11)

 

• John P. Lapotaire, CIEC
•  Certified Indoor Environmental Consultant
•  Microshield Environmental Services, LLC
• www.Microshield-ES.com

2 Comments | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Florida Politicians say “We Don’t Need No Stinking Mold Licenses”

March 15, 2011

Florida House of Representatives MicroshieldWhy do we need a License anyway? I don’t know Consumer Protection maybe?  That’s a question I don’t really get asked very often because we Floridians know the actual value of always asking for a valid License before hiring anyone.

At the same time we Floridians are well aware that just having a License doesn’t make anyone great at what they do.   We are also well aware that having a License won’t prevent a surgeon from sewing up surgical devices in a patient.  And we surely understand that licensed professionals aren’t issued personal ethics and values when they received their license in the mail.

What we do know about a Licensed Professional is that once licensed, WE, that’s right all of us, have a means and a way of putting the Licensed Professional out of business by reporting misconduct and fraud to the FL DBPR, Florida Department of Business and Professional Regulation.  At a minimum be assured that the licensed professional was trained in his profession and carries insurance.

Another really great aspect of requiring a Florida License is that the licensed professional also knows that WE have the ability to document our opinion of their work with the FL DBPR in the form of a complaint.  The licensed professional knows that WE are watching.  The licensed professional knows that if they try to scam US they can have a complaint filed against them.  And a licensed professional is very aware that too many complaints mean the potential clients who review their history can and will chose a service provider with no complaints.  A licensed professional is well aware of the fact that complaints can lead to the loss of their license.

Now that’s Consumer Protection!

So why would Florida Politicians say “We Don’t Need No Stinking Licenses” and push to repeal the current Florida Mold Licensing Law via HB 4171, SB 1244, and PCB BCAS 11-01???

Well politicians are trying to say that requiring a license is preventing Floridians from getting jobs.  Forget that whole Consumer Protection think.  Remember politicians get all of their brilliant ideas from their Dad I mean Lobbyist. And Lobbyist get all of their great ideas from Special Interest Groups. “We Don’t Need No Stinking Mold Licenses” was actually the Idea of a New Jersey Corporation.  That’s right New Jersey! Not anyone from Florida, Not the Florida Representative or Senator that introduce the Bill to repeal the current Licensing Law.  A New Jersey Corporation.

Just which State do these guys actually represent?

Repealing the mold licensing law to create jobs is just political smoke and mirrors.  The politicians want to repeal the Mold Licensing Law because the Lobbyist was paid to promote the idea by a New Jersey special interest.  And the way they all decided to make the idea fly was to sell it as a J-O-B creating get Florida to work idea.  Smoke and Mirrors.

By the way Tampa, you guys need to take note and V-O-T-E at the next election BIG TIME!!! New Jersey?   REALLY guys!

I live right here in Florida and neither Senator Norman or Representative Grant has returned my calls or emails.  I guess the way to get a returned email or call is to move to New Jersey and hire Representative Grants Dad.

Listen, politicians won’t create jobs by deciding that a Mold Inspector or a Mold Remediator doesn’t need a license.  Politicians would just make it possible for more fraud and scams to be committed against Floridians. There have been several unlicensed mold professionals arrested for mold fraud as recently as last month.

If someone wanted to be a mold inspector or mold remediator they could get a job Today! Then the newly employed Floridian could start learning the trade and gain the experience necessary to conduct a thorough mold inspection or provide proper mold remediation.  And when he or she is ready and has the necessary training and experience he or she could apply for their own license.

So…..Just how will repealing the current mold licensing law create jobs?

We don’t need political smoke and mirrors and repealing the current Florida Mold Licensing Law is nothing more than Political Smoke and Mirrors!

What WE Floridians need are Licensed Mold Professionals and Consumer Protection!

Requiring a License IS Consumer Protection.  A License provides:

  • a way for Floridians to review a Mold Professionals history.
  • a way for Floridians to report misconduct or fraud by a Mold Professional.
  • and lets the Licensed Mold Professionals know Floridians are watching, and that Floridians can review their history, and Floridians can report misconduct and fraud.

A Mold License is a Good Thing for everyone in Florida.

Clearly not so much for New Jersey.  Right Tampa?

 

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

1 Comment | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Some industries balk at giant deregulation bill in Florida House

March 15, 2011

Florida House of Representatives Microshield IAQBy Jason Garcia, Orlando Sentinel4:46 p.m. EDT, March 15, 2011

In their zeal to slash red tape this spring, Florida lawmakers are going so far that they have begun making even the state’s biggest businesses nervous.

A committee in the Florida House of Representatives unveiled and approved a sweeping plan on Tuesday to eliminate state-government oversight of more than two-dozen professions and industries, from telemarketers and travel agents to home inspectors and auto mechanics.

The 281-page bill is the most far-reaching attempt at deregulation yet undertaken in a year in which Republican leaders from Gov. Rick Scott to House Speaker Dean Cannon of Winter Park have repeatedly vowed to reduce government bureaucracy and make Florida more accommodating to businesses.

But the measure immediately drew opposition from many of those same industries that boosters say they are attempting to help. More than 30 lobbyists and professionals from various industries testified before the House Business and Consumer Affairs Subcommittee, with the vast majority of them urging lawmakers to preserve the current state’s regulatory schemes.

“Sometimes, regulation can be productive,” Nancy Stewart, of the Federation of Manufactured Home Owners of Florida, said as she urged the committee to remove provisions from the bill that would abolish the state agency that oversees condominiums, time shares and mobile homes. “We all know that we have better behavior when someone’s watching.”

Boosters of the bill said many regulations help existing businesses stifle competition. Lifting those rules, they argued, would make it easier for new businesses to set up shop in Florida and, ultimately, they hope, create jobs in a recession-wracked state still weighed down by a 12 percent unemployment rate.

“One of the beauties of our country is that an individual can sit in their living room and draw up a business plan and then go to work. But it’s sad to know that the moment they walk out that door, there are obstacles presented,” said Rep. Esteban Bovo, R-Hialeah and committee chairman, who sponsored of the legislation. “At the end of the day, the goal is to give people the power to start their own businesses and then let them move forward and compete.”

Even by the standards already set this year in Tallahassee — where dozens of bills lifting one regulation or another are rapidly advancing through the Legislature — the legislation introduced Tuesday is breathtaking.

One section, for instance, would abolish entirely Florida’s 23-year-old “Sellers of Travel” law. More than 6,500 travel agencies and independent agents are currently registered under the law, which was initially passed to protect consumers from unscrupulous agents peddling phony vacations.

Among other provisions, the current law requires that a travel agency post a surety bond of up to $50,000 so the state can use it to refund travelers should they be sold a fraudulent vacation package or if the seller goes bankrupt before customers take their trips.

Florida has received more than 13,000 complaints about sellers of travel during the past five years, according to the state Department of Agriculture and Consumer Affairs, which administers the law.

Other sections of the bill, meanwhile, would cut state oversight of the time-share industry. No more, for instance, would government regulators review offering documents by time-share builders to ensure they include adequate disclosures for consumers or in advertising materials to ensure they aren’t misleading.

It was enough to bring even Florida’s best-known employer — Walt Disney World — out in opposition.

Brian Bibeau, a lobbyist for the resort, pointed out that the state began regulating the time-share industry in the 1980s to weed out shady developers who gave the industry a seedy reputation that it has spent years trying to shed.

Disney owns a time-share business, Disney Vacation Club, which is based in Central Florida and has properties in four states.

“Florida has what some people would call a colorful history of land fraud that goes back 100 years. Others would call it a lurid history of land fraud,” Bibeau said. “The division [of condominiums, time shares and mobile homes] was put together to force the bad actors out of these areas of activity. We think it’d be a terrible mistake for you all to deregulate those areas of the division. We strongly oppose it.”

Many other industries expressed similar concerns. The Florida Association of Professional Geologists said state licensing is vital to ensure that geologists have the appropriate technical skills and education levels. The Automotive Service Associations said the state’s regulatory scheme helps resolve complaints with consumers unhappy with car-repair jobs. The Florida Association of Realtors said home buyers need the assurance that comes with state oversight of home inspectors.

“Realtors believe it’s in the public interest to keep those folks accountable to the state and the public,” said Trey Price, a lobbyist for the Realtors association. The Florida Home Inspectors Council, too, testified in support of the state’s current regulations.

Not everyone, however, was critical.

Allen Douglas, a lobbyist for the National Federation of Independent Businesses, which represents small businesses in the state, said many of Florida’s myriad rules and regulations are obstacles for new businesses.

“A lot of these laws are legit. But a lot of them are to limit competition,” Douglas said.

Indeed, much of Tuesday’s three-hour hearing was consumed by dueling testimony from in-state and out-of-state interior designers over whether to lift licensing requirements for commercial interior designers.

Analysts said 255 state-government jobs could be cut if all of the regulations targeted in the legislation were repealed.

The bill ultimately advanced on a 10-5, party-line vote, with outnumbered Democratic lawmakers criticizing what they called “unbridled” deregulation.

“I’m worried that the message we’re going to be sending is not that Florida is business friendly, but that Florida is the wild, wild West,” said Rep. Darryl Rouson, D-St. Petersburg.

Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 407-420-5414.

Leave a Comment » | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Florida makes BIG move to De-Regulate Florida Licensed Professional Services

March 14, 2011

Governor Scott isCan You Hear Us NOW! doing all that he can to provide Jobs to Floridians but some would say he is going about it in all the wrong ways.

Ensuring that your Florida professional service provider is Licensed and Insured is the most important piece of information that the Citizens of Florida require  from any Legitimate Florida Professional Service Provider prior to hiring and receiving any professional service in the State of Florida.

This would include all professional services from your Licensed Barber or Cosmetologist to the Licensed Home or Mold Inspector you hire to inspect your home before you make the most important purchase of your life.

The idea that eliminating the States requirement for licensing could ever be a good thing is simply ridicules.

A Florida License ensures that Florida professionals meet a minimum requirement necessary to obtain a license Prior to providing their services.

A Florida License means that Floridians have a means of reviewing a licensee’s history prior to hiring and a way of reporting a licensee’s poor or negligent performance if necessary.

A Florida License creates an Informed and Empowered Florida Consumer.

A lack of a Florida License presents a real financial danger to the citizens of Florida.

The Governors’ idea is to de-regulate professional services making it easier for Floridians to get a job.  I don’t know about the rest of you but I don’t want an unemployed engineer (for example) cutting my hair just so he has a job.

I do know that the regulating of professions is what separates us from the old Wild, Wild West.  It’s what protects Floridians from Fraud, Scams, and Unqualified Contractors.

I do know it is what sets a standard to ensure Floridians receive a trained, insured, and licensed professional services and not the proposed legislation that might as well be labeled HB 101 Caveat Emptor or “Let the buyer beware”.

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.;”

This is an attempt to deregulate professions from Auctioneers, Barbers, Home Inspectors, Interior Designers, Mold-Related Services, Surveyors and many, many more.

Check to see if you may no longer need your professional license in the proposed legislation.
http://www.myfloridahouse.gov/SEctions/Documents/

http://www.myfloridahouse.gov/SEctions/Committees/

Committee members who need to be contacted to STOP the madness.
Bovo, Jr., Esteban L. (R) Chair, Roberson, Kenneth L. (R) Vice Chair, Abruzzo, Joseph (D) Democratic Ranking Member, Ahern, Larry (R), Artiles, Frank (R), Crisafulli, Steve (R), Eisnaugle, Eric (R), Goodson, Tom (R), Jones, Mia L. (D), Nuñez, Jeanette M. (R), Patronis, Jimmy (R), Rouson, Darryl Ervin (D), Slosberg, Irving (D), Stafford, Cynthia A. (D), Young, Dana D. (R)

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

4 Comments | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Who would want to repeal the current Florida Mold Licensing Law & Why?

March 12, 2011

You have to be thinking the same thing I am.  Who would want to repeal the current Mold Licensing Law that protects Floridians from fraud and scams?

The current Law helps Floridians by providing them with a minimum standard that must be met ensuring that when they hire a licensed mold inspector or remediator they will be experienced and trained.

Any Floridian can check the history of a licensed mold inspector or remediator by going to the Florida Department of Business and Professional Regulation, FDBPR.

Any Floridian can also file a complaint against any licensed mold inspector or remediator with the FDBPR helping to protect the next Floridian by providing information on the licensed mold inspectors or remediators performance.

That’s all a true benefit to Floridians, Right?

Mold Professionals are now being held accountable; must meet a minimum standard, carry adequate insurance, and the consumer can either report misconduct or review prior misconduct by any licensed mold professional they want to hire.

So why would Representative Grant and Senator Norman file HB 4171 and SB 1244 in an effort to repeal the current Mold-related Services Licensing Law?

Maybe this will help clear the air a bit.

The Lobbying firm of Florida Capitol Advocates which includes former Sen. John Grant, was hired by the founder of the franchise Mycelium Holdings, Jason Earle.  Mycelium Holdings is a New Jersey based Franchise with no current franchises in Florida.

“Our franchise operation is 1-800-GOT-MOLD?, not Mycelium Holdings.” Jason Earle Added 3/14/11

Florida Capitol Advocates lobbied 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.

The Mycelium Holdings founder Jason Earle stated, in a phone interview, that he feels the current licensing law inhibits the ability of Mycelium Holdings to rapidly sell franchises and expand into Florida which is why New Jersey based Mycelium Holdings is interested in repealing the current mold licensing law.

Jason Earle stated in an email sent to me today that corrections to 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.” Added 3/14/11

Mycelium Holdings also markets the Got Mold? Test Kit http://www.gotmoldtestkit.com/

It has been brought to our attention that Mycelium Holdings provides the “Positive” results from their Got Mold? Test Kit to mold remediation franchisees.

Jason Earle also stated“We DO NOT provide anything related to the GOT MOLD? Test Kit to mold remediation firms. That would be a conflict of interest. We simply offer the consumer the chance to deduct the initial purchase price of the test kit from the cost of a professional mold inspection through 1-800-GOT-MOLD?, our franchise division, which only performs assessments and remediation consulting, but does NOT perform remediation or have financial relationships with mold remediation firms. Please be clear. This is a gross misrepresentation and should be corrected.” Added 3/14/11

If Mycelium Holdings receives any compensation or franchise fee for the referral of positive test results from their Got Mold? Test Kit then Mycelium Holdings is in violation of the current law of section 468.8419 Prohibitions; penalties.

Mycelium Holdings would then have until July 1, 2011 to successfully repeal the current law or be in violation of section 468.8419 Prohibitions; penalties.  You see the Penalty Section of the current Law does not go into effect until July.

Now that would be motivation for Mycelium Holdings to hire Florida Capitol Advocates and attempt to repeal the current mold licensing law, wouldn’t it?

So if the current law is repealed via Rep. Grant and Sen. Norman Mycelium Holdings up in New Jersey makes big bucks selling franchises to wealthy business men who can then hire anyone off the street to inspect your home.

Jason wanted it pointed out that “You(John lapotaire) conveniently forgot to mention that we (1-800 Got-Mold) have the most robust two-week training program and support structure in the industry.”Added 3/24/11

After all Mycelium Holdings will be providing the franchisee with a rescued Labrador mold sniffing dog.  So why need the business owner or mold inspector to be licensed?  Just make sure the dog has it shots and inspect away……….

Who Loses if the Current Law is Repealed?
The real losers will be the Floridians who will once again be subjected to unlicensed and unregulated scam artist inspecting and finding mold in their homes and offering to quickly provide an estimate to remediate.

Before the current law was in place it took 29 complaints to stop a mold inspector who also provided mold remediation.  29! That’s 29 Floridians scammed out of hard earned money.  With the current law Floridians have a means and a way of reporting and ridding the state of mold inspector/remediator scam artist.

Without the Current Law Floridians Lose!

Who wins if the Current Law is Repealed?
Mycelium Holdings up in New Jersey and a few rescue labs that get to live it large in Florida.

 

 

 

 

Post Update 3/14/11

The above inserted updates are a result of recent and open communication between myself and Jason Earle.

The facts are always important and I in no way want to misrepresent the facts in this controversial issue.  The above is a clear view of both sides without getting into specific details of who can provide the best inspection.

After all that decision in best made not by or customer but by our customers referrals.

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

1 Comment | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

Repeal of Mold-Related Services Law Threatens Floridians

March 12, 2011

Fellow Floridians

I am sending you this message in the hope that you will help prevent the repeal of the current mold licensing law by sending a personal request to NOT repeal the current mold licensing law to both your District Representatives and Senators.

It is very important for everyone you know to do the same.  Please share the need to send emails and make calls to everyone you know that would be impacted by the repeal of this law.  Send to the media, news papers, radio and TV stations, mold assessors, mold remediators, adjustors, family and friends that will benefit from a licensed mold professional.

With all that was done to create the current legislation and set a mold industry standard for our state it would be a shame and a devastating blow to our industry to see the law repealed.
Please include your current license number and a personal request to NOT repeal the current mold licensing law.

Link to Florida Representatives
http://www.myfloridahouse.gov/SEctions/Representatives/representatives.aspx

Link to Florida Senators
http://www.flsenate.gov/Senators/

 

Recent post regarding the current proposed legislation.
The Push to Repeal the Florida Mold Licensing Law
Licensing and Regulating the Florida Mold Industry
Florida Mold Licensing Law Update

 

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

1 Comment | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

HB 4171 Mold Related Services Repeal

March 10, 2011

The move to repeal the current mold licensing law is working its way through committee.  Below is the list of appearances and voting results.

 

 

Bill Number: 4171
Bill Name: HB 4171
Action: Favorable
Committee: Business & Consumer Affairs Subcommittee
Location: 12 HOB
Duration: 2.00
Date: 3/8/2011 1:00:00 PM
Sponsor: Grant
Subject: Mold-Related Services
Y  Abruzzo Y  Bovo Y  Goodson Y  Patronis Y  Slosberg
Y  Ahern Y  Crisafulli N  Jones Y  Roberson, K. N  Stafford
Y  Artiles Y  Eisnaugle Y  Nuñez N  Rouson Y  Young
Total Yeas: 12 Total Nays: 3 Total Missed: 0 Total Votes: 15

 

Bill History:
Event Time Member Committee
Now in Economic Affairs Committee Wednesday, March 09, 2011 11:38 AM Economic Affairs Committee
Reported out of Business & Consumer Affairs Subcommittee Wednesday, March 09, 2011 11:38 AM Business & Consumer Affairs Subcommittee
1st Reading Tuesday, March 08, 2011 10:24 PM
Favorable by Business & Consumer Affairs Subcommittee Tuesday, March 08, 2011 3:00 PM Business & Consumer Affairs Subcommittee
Added to Business & Consumer Affairs Subcommittee agenda Friday, March 04, 2011 4:06 PM Business & Consumer Affairs Subcommittee
Now in Business & Consumer Affairs Subcommittee Thursday, March 03, 2011 9:50 AM Business & Consumer Affairs Subcommittee
Referred to Economic Affairs Committee Thursday, March 03, 2011 9:50 AM Economic Affairs Committee
Referred to Business & Consumer Affairs Subcommittee Thursday, March 03, 2011 9:50 AM Business & Consumer Affairs Subcommittee
Filed Wednesday, February 16, 2011 2:41 PM Grant

 

 

Leave a Comment » | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

ASTM Manual on Moisture Control in Buildings NEW EDITION!

March 10, 2011

New Edition! Manual 18 Moisture Control in Buildings: The Key Factor
in Mold Prevention: 2nd Edition

Twenty-eight comprehensive chapters focus on the major issues involved in the process of moisture resistive construction. This one-of-a-kind publication provides the latest and most important information relating to moisture problems in buildings.
Three new chapters have been added to make this the ultimate publication on moisture control:

  • Details and Practice
  • Quality Management in Design and Construction
  • Development of Methods for Assessment of Moisture-Originated Damage

Four sections cover fundamentals, applications, construction principles and recommendations, and implementation.
Order your copy today!

 

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

Leave a Comment » | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

New ASTM Fungal Growth Standard Provides Go-To Reference for Mold Assessment in Buildings

March 10, 2011

A newly approved standard, ASTM D7338, Guide for the Assessment of Fungal Growth in Buildings, has been developed to provide a go-to reference for anyone testing for mold in buildings. The new standard was developed by Subcommittee D22.08 on Sampling and Analysis of Mold, part of ASTM International Committee D22 on Air Quality.
“The lack of consensus standards in the fungal sampling and analysis practice was the driving force behind establishing D22.08,” says its chairman, Lisa Rogers, president, Mycometer Inc. “All of our efforts are focused on bringing consistency, reliability and accuracy to the practice.”
Rogers notes that ASTM D7338 will be useful to a wide range of stakeholders concerned with mold, including consultants, educators, building owners, insurers, lawyers and others.
In addition to ASTM D7338, D22.08 previously developed ASTM D7391, Test Method for Categorization and Quantification of Airborne Fungal Structures in an Inertial Impaction Sample by Optical Microscopy. Two other proposed new standards developed by the subcommittee are currently on ballot: ASTM WK17177, Test Method for Examination of Fungal Structures on Tape Lift Samples by Optical Microscopy, and ASTM WK22872, Practice for Collection of Total Airborne Fungal Spores via Inertial Impaction Methodology.
“We encourage everyone who has an interest in indoor air quality or mold/fungal assessment, remediation and analysis to get involved in D22.08,” says Rogers. “The work ASTM does in D22 has impact around the world.”
To purchase ASTM standards, visit www.astm.org and search by the standard designation number, or contact ASTM Customer Relations (phone: 610-832-9585; service@astm.org).  ASTM International welcomes and encourages participation in the development of its standards. For more information on becoming an ASTM member, visit www.astm.org/JOIN.
ASTM
Committee D22 Next Meeting: April 10-13, April Committee Week, Anaheim, Calif.
Technical Contact: Lisa Rogers, Mycometer, Inc., Tampa, Fla., Phone: 813-831-6511; lrogers@mycometer.com
ASTM Staff Contact: David Bradley, Phone: 610-832-9681; dbradley@astm.org
ASTM PR Contact: Barbara Schindler, Phone: 610-832-9603; bschindl@astm.org
Release #8788
February 9, 2011

•John P. Lapotaire, CIEC
•Certified Indoor Environmental Consultant
•Microshield Environmental Services, LLC
•www.Microshield-ES.com

1 Comment | Commercial IAQ, Residential IAQ | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by John P. Lapotaire, CIEC

« Previous Entries
Next Entries »