CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 465

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Goodlette and Turnbull offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 3, line 16 through page 6, line 15,

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:

19         (3)  HOME INSPECTION SERVICES; STANDARDS OF

20  PRACTICE.--The minimum standards of practice for all home

21  inspection services shall be developed and adopted by rule by

22  the Department of Agriculture and Consumer Services.  The

23  minimum requirements for a home inspector to advertise as a

24  "certified home inspector" shall also be developed and adopted

25  by rule by the department, which rules may require the

26  successful passage of an examination and experience

27  requirements.  In promulgating these rules, the department is

28  directed to consult with representatives of the Florida home

29  inspection industry, the Florida Building Code Administrators

30  and Inspectors Board, the Construction Industry Licensing

31  Board, and the Electrical Contractors' Licensing Board.  The

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    File original & 9 copies    04/27/00
    hbd0001                     11:35 am         00465-0076-050555




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 465

    Amendment No.     (for drafter's use only)





 1  administrative rules required by this subsection are to be

 2  promulgated and adopted by July 1, 2001.

 3         (4)  EXEMPTIONS.--The following persons are not

 4  required to comply with this section with regard to any

 5  valuation condition, report, survey, evaluation, or estimate

 6  rendered within the scope of practice authorized by such

 7  license:

 8         (a)  A construction contractor licensed under chapter

 9  489.

10         (b)  An architect licensed under chapter 481.

11         (c)  An engineer licensed under chapter 471.

12         (d)  A building code administrator, plans examiner, or

13  building code inspector licensed under part XII of chapter

14  468.

15         (e)  A certified real estate appraiser, licensed real

16  estate appraiser, or registered assistant real estate

17  appraiser licensed under part II of chapter 475.

18         (f)  An inspector whose report is being provided to,

19  and is solely for the benefit of, the Federal Housing

20  Administration or the Veterans Administration.

21

22  These exemptions shall not apply to a person who holds himself

23  or herself out as a person providing home inspection services.

24         (5)  DISCLOSURE.--Prior to entering into a contract for

25  home inspection and prior to performing any home inspection, a

26  home inspector must provide the following to any person, or

27  the person's representative, who will enter into a contract to

28  have a home inspection and who, as a client of the inspector,

29  has requested the inspection:

30         (a)  A written list of the home inspector's

31  credentials.

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    hbd0001                     11:35 am         00465-0076-050555




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 465

    Amendment No.     (for drafter's use only)





 1         (b)  Whether the home inspector has had a professional

 2  license, issued under part XII of chapter 468, chapter 471, or

 3  chapter 481, suspended or revoked.

 4         (c)  A caveat in conspicuous type that states:

 5         "AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF

 6  THE OVERALL CONDITION OF A HOME.  THE INSPECTION IS BASED ON

 7  OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

 8  BUILDING AND ITS MECHANICAL AND PHYSICAL COMPONENTS ON THE

 9  DATE OF THE INSPECTION.  THE RESULTS OF THIS HOME INSPECTION

10  ARE NOT INTENDED TO MAKE ANY REPRESENTATION REGARDING LATENT

11  OR CONCEALED DEFECTS THAT MAY EXIST. IT SHOULD BE UNDERSTOOD

12  THAT A HOME INSPECTION IS A GENERAL OVERVIEW OF THE CONDITION

13  OF THE BUILDING AND COMPONENTS.  THE HOME INSPECTOR IS NOT

14  NECESSARILY A PROFESSIONAL WITH LICENSES AUTHORIZING THE

15  RENDERING OF DETAILED OPINIONS REGARDING ANY OR ALL OF THE

16  ITEMS OR SYSTEMS INCLUDED IN THE INSPECTION.  YOU MAY WISH TO

17  SEEK AN OPINION FROM AN APPROPRIATELY LICENSED PROFESSIONAL AS

18  TO ANY DEFECTS OR CONCERNS MENTIONED IN THE REPORT."

19         (d)  A written disclosure to the client of any conflict

20  of interest or relationship of the home inspector which may

21  affect the client.

22         (e)  A written statement or agreement declaring the

23  home inspector's scope of services, limitations, terms, and

24  conditions regarding the home inspection.

25         (6)  REPORT.--A home inspector must provide to the

26  client, within 3 working days after the date of the home

27  inspection or at any other time agreed upon by both parties, a

28  written report of the results of the home inspection. The

29  relevant part of the report shall be provided by the buyer to

30  the owner of the home upon request if a home inspection report

31  is used by the buyer as a reason to void, modify, or refuse to

                                  3

    File original & 9 copies    04/27/00
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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 465

    Amendment No.     (for drafter's use only)





 1  close on a contract for sale and purchase of the home.

 2         (7)  PROHIBITIONS.--A home inspector may not:

 3         (a)  Accept any commission, allowance, gift, or other

 4  thing of value from another party dealing with a client of the

 5  inspector which relates to the inspection or conditions

 6  reported by the home inspector.

 7         (b)  Offer any commission, allowance, gift, or other

 8  thing of value to another party dealing with a client of the

 9  inspector which relates to the inspection.

10         (c)  Perform, or offer to perform, for a fee, remedial

11  work on a property which the inspector has inspected in the

12  preceding 12 months.

13         (d)  Disclose, without the client's written consent, a

14  home inspection report to any person other than the client or

15  the client's representative.

16         (8)  FAILURE TO COMPLY.--The failure of a home

17  inspector to comply with any provision of this section

18  constitutes a deceptive and unfair trade practice for which a

19  cause of action under part II of chapter 501 may be

20  prosecuted, in addition to any other remedy provided by law. A

21  court may enjoin any person who has substantially failed to

22  comply with this section from using the title "certified 

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, lines 6 through 22,

28  remove from the title of the bill:  all of said lines

29

30  and insert in lieu thereof:

31         providing definitions; requiring rulemaking by

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 465

    Amendment No.     (for drafter's use only)





 1         the Department of Agriculture and Consumer

 2         Services; providing exemptions; requiring,

 3         prior to inspection, provision of inspector

 4         credentials, a caveat, a disclosure of

 5         conflicts of interest and certain

 6         relationships, and a statement or agreement of

 7         scope, limitations, terms, and conditions;

 8         requiring a report to the client on the results

 9         of the inspection and requiring provision of

10         relevant portions thereof to homeowners under

11         certain circumstances; prohibiting certain

12         acts, for which there are civil penalties;

13         providing that failure to comply is a deceptive

14         and unfair trade practice; providing for

15         injunction against use of the title "certified

16         home inspector" under certain

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    File original & 9 copies    04/27/00
    hbd0001                     11:35 am         00465-0076-050555