Florida Statute 768.0425 and Mold Remediation Claims

Last checked against the Florida Statutes and official sources on October 25, 2026. This is general information, not legal advice.

Florida Statute 768.0425 provides enhanced damages in qualifying injury actions against contractors who are neither state-certified nor locally licensed as contractors. It is not a mold statute and creates no insurance coverage; a mold license or its absence does not establish entitlement under this section. Florida separately regulates mold assessment and remediation under chapter 468, part XVI.

What does Florida Statute 768.0425 actually say?

Section 768.0425 contains two subsections. Subsection (1) defines the parties, quoted verbatim:

(1) For purposes of this section only, the term “contractor” means any person who contracts to perform any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633; and the term “consumer” means a person who contracts for the performance of any construction or building service which is regulated by any state or local law, including, but not limited to, chapters 489 and 633.

Subsection (2), quoted verbatim:

(2) In any action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, the consumer shall be entitled to three times the actual compensatory damages sustained in addition to costs and attorney’s fees if the contractor is neither certified as a contractor by the state nor licensed as a contractor pursuant to the laws of the municipality or county within which she or he is conducting business.

The operative wording is “injuries sustained resulting from” the specified misconduct; “damages” appears in the measure of compensation. The subsection requires the absence of both listed contractor credentials. Finding mold, an unsatisfactory cleanup, an insurance denial, or a missing mold license alone does not establish these statutory conditions.

The statute’s text and history show an original enactment in 1987 and listed amendments ending in 1997. It is not a recent mold reform. It does not mention mold, biocides, remediation protocols, or an insurer’s duty to pay.

Does mold licensure establish contractor status under s. 768.0425?

No. Chapter 468 regulates mold services separately; a mold-remediator credential does not establish that its holder meets the contractor definition in section 768.0425. The references to chapters 489 and 633 are nonexclusive, but the definition still requires a contract to perform a regulated construction or building service.

Before making a claim under section 768.0425, identify the actual contracted service, the law regulating it, the contracting consumer, injuries resulting from the specified misconduct, and the contractor credential facts required by subsection (2). This page does not classify any mold remediator as a contractor under that section or determine that treble damages, costs, or attorney’s fees are available in any case.

Lacking a chapter 468 mold license does not by itself prove contractor status or the neither-certified-nor-licensed condition in subsection (2). A licensing violation and the requirements of a particular civil remedy must be evaluated separately; one does not automatically establish the other.

Conversely, an exemption from separate mold licensure is not permission to perform construction work outside the applicable construction licensing rules. Section 468.8411 expressly preserves chapter 489 requirements for work requiring that license. Identify the work and credentials separately before drawing conclusions about liability.

What are Florida’s mold assessor and remediator licensing laws?

Chapter 468, part XVI spans sections 468.84–468.8424, including the exemptions in section 468.841. DBPR administers this licensing program. Its mold-related services page identifies separate individual licenses: MRSA for mold assessors and MRSR for mold remediators. A business name or company registration is not an individual mold license.

Under s. 468.8411, mold assessment includes physical sampling and detailed evaluation of building-history and inspection data to form an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth greater than 10 square feet. A mold assessor performs or directly supervises that assessment.

Mold remediation includes removal, cleaning, sanitizing, demolition, other treatment, and preventive activities involving mold or mold-contaminated matter greater than 10 square feet that was not purposely grown there. A mold license does not independently authorize work requiring chapter 489 licensure: the provider must also hold the necessary license or otherwise comply with that chapter. The size threshold defines these services; it does not establish a health standard or declare smaller growth harmless.

Unless an exemption applies, providers must comply with part XVI. Section 468.8414 addresses licensure, examination requirements, documented training in water, mold, and respiratory protection, and alternative endorsement pathways. Private certification alone should not be mistaken for current Florida licensure.

Who is exempt from separate mold licensing?

Section 468.841 provides separate assessment and remediation exemptions. They include residential property owners working on their own property and directly supervised employees of assessors or remediators. The property/employer exemption covers property owned or leased by the person, the person’s employer, or an entity affiliated with that employer through common ownership; it also covers property operated or managed by the employer or such an affiliated entity. It does not apply if the person, employer, or affiliated entity engages in the business of performing the corresponding mold service for the public. Authorized government or public or private school employees working within their employment are exempt only while they do not hold out for hire to the general public or otherwise engage in the corresponding mold service.

Other exemptions cover specified license holders acting within their license scope, persons acting for insurers under chapter 626, part VI, and specified licensed manufactured-housing professionals. The lists differ between assessment and remediation, and the professional exemptions restrict holding oneself out to the public using titles implying part XVI mold licensure. A general construction license is not an unrestricted exemption for every mold service or advertisement; check the applicable subsection and actual scope.

Can the same company assess and remediate mold?

Under s. 468.8419(1)(d), a person subject to these provisions may not perform or offer mold remediation on a structure where the mold assessor or the assessor’s company provided an assessment within the preceding 12 months. Subsection (2)(d) also prohibits performing or offering an assessment on a structure where the remediator or the remediator’s company provided remediation within the preceding 12 months.

The second subsection reaches remediators, their employers, and specified companies with common financial control. Hiring another employee from the same company does not remove a company-based restriction. Holding both individual licenses does not eliminate it either.

Both paragraphs expressly except a certified Division I contractor classified under s. 489.105(3). They also authorize DBPR rules concerning competitive-bid disclosures in the relevant contracts. Do not describe the separation rule as absolute or assume every construction contractor qualifies for that exception. The statute also restricts referral payments between assessment and remediation providers.

What insurance must mold assessors and remediators carry?

Section 468.8421 sets different requirements for the two professions:

• Mold assessors: general liability and errors and omissions insurance coverage of at least $1 million for both preliminary and postremediation mold assessment.
• Mold remediators: a general liability policy of at least $1 million that includes specific coverage for mold-related claims.

DBPR’s licensing FAQs explain that each assessor or remediator needs individual coverage or must be specifically named on the company policy. Ask for documentation identifying the provider, coverage, and policy period. A certificate or statutory minimum does not establish that a particular loss is covered or payable.

Homeowners coverage depends on the policy, cause of loss, exclusions, and limits; see which insurance policies may cover mold damage.

What should homeowners check before hiring or disputing mold work?

Mold can damage materials and cause allergic reactions or irritation; EPA emphasizes correcting moisture problems as well as addressing the growth. Its home mold guide supports prompt attention, without establishing that every occurrence compromises a building’s structure or causes a particular illness.

For evaluating a provider’s work and possible statutory issues, gather:

• The agreement: who contracted with whom, whether the job was assessment, remediation, construction, or a combination, and what was promised.
• Credential records: the individual’s mold license, any relevant construction credentials, applicable local licensing records, and any claimed exemption.
• Dates and relationships: assessment and remediation dates, company names, and information relevant to the 12-month rule.
• Evidence of the problem: photographs, reports, moisture findings, work descriptions, invoices, communications, and records distinguishing existing damage from allegedly defective work.

Section 468.8422 requires a mold assessment or remediation contract to be a document or electronic record signed or otherwise authenticated by the parties; an assessment contract need not include repair-cost estimates. Keep the agreement and supporting records rather than relying on advertising descriptions of the service.

For filing steps, see mold insurance claim documentation and filing tips.

A property-insurance lawyer can review a specific mold insurance claim and its supporting documents.

Does Statute 768.0425 establish Florida mold law for renters?

It does not establish landlord repair duties or tenant remedies; those separate questions are addressed in Florida mold rules for rental properties.

Sources

• Florida Statutes s. 768.0425: contractor actions and definitions
• Chapter 468, part XVI: mold-related services
• Section 468.841: exemptions
• Section 468.8411: definitions and construction work
• Section 468.8414: licensure
• Section 468.8419: conflicts and prohibitions
• Section 468.8421: insurance requirements
• Section 468.8422: contracts
• DBPR: mold licensing program
• DBPR: mold licensing FAQs
• DBPR: governing statutes and rules
• EPA: mold, moisture, and the home
• Florida DFS: homeowners coverage, exclusions, and limits