Employees inside the downtown West Palm Beach building that houses the Palm Beach County State Attorney's and Public Defender's offices say mold has been growing for months, with some staff reporting sweating, slick railings and water stains near a stairwell and elevator. County records show complaints about building conditions first began in the summer of 2025, and workers say conditions had remained largely unchanged as of early September.
The complex sits at 401 North Dixie Highway, just north of the main county courthouse, with the Public Defender's main office nearby at 421 3rd Street inside the county's Criminal Justice Building complex. As WPTV first reported, employees reached out to the station in July with complaints, though several declined to appear on camera because they feared workplace consequences. One employee purchased a mold test kit online in late June, and per employee-shared results, that testing revealed multiple potentially toxic forms of mold.
Sweating Railings and a Doctor's Note
Workers described railings that were sweating and slick, along with mold appearing on stairwell doors and walls. The station's report notes that employees raised concerns about excessive humidity in both the stairwells and the elevator. One employee's doctor's note recommended the worker be allowed to work from a different location to ease symptoms, and the State Attorney's Office said it is making accommodations for employees with health concerns.
The State Attorney's Office executive director said many employees have worked in the building for more than 25 years, and that the issue has arisen only within the last 12 months, per the same account. Palm Beach County has pointed to excessive heat in recent years as a contributing factor. The county's Facilities Development and Operations Department attributed the conditions to the original 1990 building design and interactions between the elevator shaft, elevator cabs, adjacent areas and outside air.
Cleanings, a New Fan, and a Pending Assessment
Palm Beach County sent a cleaning crew after the initial complaints and has since implemented daily cleanings along with moisture remediation efforts. County officials said the initial cleaning appeared to resolve the issue, but the article notes that a new supply fan has been ordered to improve air circulation, and a third-party assessment is scheduled to occur only after that fan is installed. The assessment itself has been scheduled for September 21.
In the meantime, the county has placed signs marking the affected stairwell for emergency egress only. The State Attorney's Office has moved some staff to satellite offices, and the Public Defender's office says it will accommodate employees as needed while monitoring conditions daily. A county employee meeting to discuss the issue has been planned for the end of the month.
Legal Framework Around Mold Assessment and Remediation
Florida law, under Florida Statutes §§ 468.84 through 468.8424, requires that mold assessment and mold remediation be handled by separately licensed entities to avoid conflicts of interest, according to the Florida Department of Health. That separation is relevant to how the county structures its response, since on September 1 the Palm Beach County Board of County Commissioners received and filed an administrative approval adding another vendor to its list of pre-qualified contractors for indoor air quality and hazardous biological remediation, maintaining 10 active pre-qualified remediation firms under indefinite-quantity contracts through August 2028, according to the Board of County Commissioners of Palm Beach County.
Federal workplace safety rules add another layer of context. Although OSHA regulations do not set specific numerical exposure thresholds for airborne mold, employers remain obligated under the General Duty Clause of the OSH Act to maintain a workplace free from recognized hazards likely to cause death or serious physical harm, according to the Occupational Safety and Health Administration. Meanwhile, Florida employees pursuing workers' compensation claims tied to toxic substance or mold exposure face a heightened burden, requiring “clear and convincing evidence” that a health condition arose directly from employment, a higher bar than the preponderance-of-evidence standard used for standard workplace injuries, per the Lee Injury Law Firm.
A Building's History and a Wider Pattern
This isn't the first time the county has modified the building's air systems. In April 2020, Palm Beach County approved a contract change order authorizing installation of 138 HVAC ductwork inspection hatches and 12 drywall access panels in the State Attorney/Public Defender building to support routine maintenance and air distribution monitoring, work carried out by Hedrick Brothers Construction under a countywide judicial infrastructure contract. The county's FY 2026 capital budget also includes funding through the Facilities Development and Operations Department for capital improvement projects at 401 North Dixie Highway, including first-floor build-outs and interior security modifications.
Elected State Attorney Alexcia Cox, who took office in January 2025 after succeeding longtime State Attorney Dave Aronberg, oversees a staff of 120 prosecutors and 180 professional staff members across five county offices. Mold concerns at public facilities have drawn scrutiny elsewhere in the county recently: on August 17, a Jupiter Elementary School teacher filed a lawsuit against the School District of Palm Beach County alleging chronic respiratory and neurological symptoms tied to unaddressed classroom mold and moisture intrusion, according to the Boca Post. Employees at the State Attorney and Public Defender complex say they remain concerned about their own health and the health of others working in the building as they wait for next steps.
