Asbestos Contractor and Asbestos Consultant Licenses

How does Florida regulate and authorize licenses?

Under the Florida Statutes, a “license” to regulate professions and occupations means any permit, registration, certificate, or license issued by the Department of Business and Professional Regulation (the “DBPR”). An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements.

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How does the licensing process work in Florida?

A prospective licensee must apply through the DBPR, which must review the application and have the discretion to reject or accept applications for new licenses and license renewals as long as the discretionary review is reasonable. See KJS v. Department of Children and Family Services, 974 So. 2d 1106 (Fla. 1st DCA 2007). On the other hand, licensees seeking renewal must file for renewal before their license expires, or they will not be allowed to engage in their occupation until the DBPR grants a separate, new license. See Legal Environmental Assistance Foundation, Inc. v. Board of County Com’rs of Brevard County, Fla., 61 F.3d 25 (11th Cir. 1995).

When the DBPR receives a license application, the agency has 90 days to examine the application, timely notify the applicant of any errors or omissions, request additional information, and, ultimately, issue a notice of intent to either grant or deny the license. The DBPR may not deny renewal without a full, open, and fair hearing for license renewals. See Wilson v. Pest Control Commission of Fla., 199 So. 2d 777 (Fla. 4th DCA 1967).

What are specific laws related to asbestos contractor and consultant licenses in Florida?

Asbestos abatement rules and regulations fall under Chapter 469 of Florida Statutes. This law defines an asbestos contractor as “means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including but not limited to construction, renovation, maintenance, or demolition.”

An asbestos consultant is “a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks.”

What are the application and retention requirements for an asbestos contractor license?

Application Requirements:

Education/Prior Licensing: N/A
Training: The applicant must complete the following courses, as approved by the DBPR: An asbestos contractor/supervisor course; and a respiratory protection course.
Experience: The applicant must provide evidence of satisfactory work on ten asbestos projects within the last five years.
Professional Examination: The applicant must pass the state Asbestos Contractor Examination.
Cost of Licensure: $555
Reciprocity or Endorsement: N/A

Retention Requirements:

Renewal Period: Two years
Cost of Renewal: $155
Continuing Education Requirement: The licensee must complete a 1-day course of continuing education during each of the preceding two years.

To determine whether you meet the requirements for an asbestos contractor or consultant license, please contact our office to set up your initial consultation.

What are the application and retention requirements for an asbestos consultant license?

Application Requirements:

Education/Prior Licensing: An asbestos consultant’s license may be issued only to an applicant who holds a current, valid, active license as an architect; holds a current, valid, active license as a professional engineer; holds a current, valid, active license as a professional geologist; is a diplomat of the American Board of Industrial Hygiene; or has been awarded designation as a Certified Safety Professional by the Board of Certified Safety Professionals.
Training: The applicant must complete the following courses, as approved by the DBPR: A building asbestos surveys and mechanical systems course; an asbestos management planning course; a project designer course; and a respiratory protection course.
Experience: The applicant must provide evidence of satisfactory work on ten asbestos projects within the last five years.
Professional Examination: The applicant must pass the state Asbestos Consultant Examination.
Cost of Licensure: $555
Reciprocity or Endorsement: Yes. Licensure by endorsement is available if an applicant can provide proof of licensure or certification by a state or local jurisdiction in the United States having standards substantially equal to or more stringent than those of Florida.

Retention Requirements:

Renewal Period: Two years
Cost of Renewal: $155
Continuing Education Requirement: The licensee must complete a two-day course of continuing education during each of the preceding two years.

To determine whether you meet the requirements for an asbestos consultant license, please contact our office to set up your initial consultation.

What types of conduct are grounds for disciplinary action for an asbestos contractor or consultant?

Prohibited conduct that could lead to disciplinary action includes, but is not limited to:

Mismanagement or misconduct in the practice of contracting that causes financial harm to a customer;
Abandoning an asbestos abatement project in which the asbestos contractor is engaged or under contract as a contractor;
Committing fraud or deceit in the practice of asbestos consulting or contracting; and
Incompetency or misconduct in the course of asbestos consulting or contracting.

Can the DBPR’s license decision be appealed?

Yes, an adverse license decision made by the DBPR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.

If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes.

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ).

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DBPR then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations.

Suppose the petitioner is unsatisfied with the DBPR’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law.

Have more questions about a professional licensing-related situation?

Crucially, this overview of asbestos contractor and consultant licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.