Can the same company test and remove mold in Florida?

What the law says

Florida licenses mold assessors and mold remediators separately, under Chapter 468, Part XVI of the Florida Statutes. Section 468.8419 then lists what each one may not do. The two rules that matter here are mirror images:

• An assessor, or the assessor’s company, may not perform or offer to perform mold remediation on a structure it provided a mold assessment for within the last 12 months.
• A remediator, or the remediator’s company, may not perform or offer to perform a mold assessment on a structure it remediated within the last 12 months. Clearance testing after the work is part of assessment, so the remediator can’t grade its own job.

These rules apply to licensed mold work. The statute’s definitions cover assessment and remediation of mold growth larger than 10 square feet.

The Division I contractor exception

Both rules carry the same exception: they don’t apply to a certified contractor classified as a Division I contractor under Florida Statute 489.105(3). Division I covers certified general contractors, building contractors and residential contractors. When a Division I contractor performs both the assessment and the remediation, the statute lets the state require that the homeowner’s assessment contract disclose the right to request competitive bids.

So the honest answer is “generally no, with one narrow exception.” If a company tells you it can test and remove on the same home, ask whether it holds a certified Division I contractor license, and look it up with the Florida Department of Business and Professional Regulation, which also issues mold assessor and mold remediator licenses.

Other conflict-of-interest rules in the same section

Section 468.8419 goes further than the 12-month rule. Among other things, it bars:

• An assessor inspecting a property in which it has any interest, including an interest in the property’s sale
• Assessors and remediators paying or accepting compensation for referrals to each other
• An assessor accepting a fee that depends on the conclusions of the assessment

Violations are criminal offenses under the statute, starting as a misdemeanor and rising to a third-degree felony for repeat violations.

Why the separation works in your favor

It can feel like extra hassle to hire two companies. Look at it from the other side, though. The company testing your home has no reason to find more mold than is there, because it won’t be paid to remove it. And the company removing the mold can’t grade its own work, because someone independent runs the clearance test. That’s the same check a careful buyer would want in any other trade.

It also gives you a written scope. The assessor’s report says what needs to be removed, where containment goes and what clearance has to show. Remediators quote against the same document, which makes bids easier to compare.

How a Florida project usually runs

1. A licensed mold assessor inspects the home, takes samples and writes a remediation protocol.
2. You hire a licensed remediator to do the work to that protocol.
3. The remediator sets up containment, removes and cleans, and dries the structure.
4. The assessor comes back for clearance testing before walls are closed up.
5. If clearance fails, the remediator goes back to work and the assessor retests.

Questions to ask before you hire

• Who will do the assessment, and do they hold a Florida mold assessor license?
• Does the assessor have any business tie to the remediation company, or receive anything for the referral?
• Will the remediator work to the assessor’s written protocol?
• Who performs the clearance test, and is it the same independent assessor?
• If a company offers to do both, does it hold a certified Division I contractor license, and are you comfortable getting a competing bid first?

How we work in Southwest Florida

On our Southwest Florida projects, an independent licensed mold assessor inspects and samples the home, writes the scope and performs clearance testing. We do the remediation to that protocol, and our work is backed by a complete-removal guarantee. We don’t close a job on a failed result. For more on how Florida licenses this work and what to check before you hire, read Florida mold licensing explained and our national guide to choosing a mold remediator.

This page summarizes the statute in plain language and isn’t legal advice. If you’re dealing with a dispute or a real estate transaction, talk to a Florida attorney.