House Bill 0465

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    Florida House of Representatives - 2000                 HB 465

        By Representatives Turnbull, Brown, Ogles, Futch and J.
    Miller





  1                      A bill to be entitled

  2         An act relating to home inspection services;

  3         creating s. 501.935, F.S.; providing

  4         requirements relating to home inspection

  5         services; providing legislative intent;

  6         providing definitions; providing certain

  7         inspector qualifications and practice

  8         standards; providing exemptions; requiring,

  9         prior to inspection, provision of inspector

10         credentials, a caveat, a disclosure of

11         conflicts of interest and certain

12         relationships, and a statement or agreement of

13         scope, limitations, terms, and conditions;

14         requiring a report on the results of the

15         inspection; prohibiting certain acts, for which

16         there are civil penalties; providing that

17         failure to comply is a deceptive and unfair

18         trade practice; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 501.935, Florida Statutes, is

23  created to read:

24         501.935  Home inspection services; qualifications and

25  standards; required disclosures prior to inspection; report on

26  inspection results; prohibited acts; failure to comply.--

27         (1)  INTENT.--The Legislature recognizes that the

28  performance of a home inspection requires certain unique

29  skills and that a home inspection should not be confused with

30  an engineering analysis, the practice of engineering, the

31  practice of architecture, a code enforcement inspection,

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    Florida House of Representatives - 2000                 HB 465

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  1  contracting as defined in chapter 489, or an appraisal as

  2  defined in chapter 475. Therefore, it is in the public

  3  interest to require the disclosure of information useful to

  4  assist consumers in choosing a qualified home inspector, to

  5  inform them of the limitations of a home inspection, and to

  6  prohibit actions that conflict with the best interests of a

  7  home inspector's client.

  8         (2)  DEFINITIONS.--For the purposes of this section:

  9         (a)  "Home inspector" means any person who provides or

10  offers to provide a home inspection on residential real

11  property for a fee or other compensation.

12         (b)  "Home inspection" means an examination, done for

13  compensation, of the mechanical and physical components of

14  residential real property through visual means and operation

15  of normal user controls, without necessarily the use of any

16  mathematical or engineering science. The inspection may

17  include, but is not limited to, examination of the readily

18  visible portions of the structural, electrical, heating,

19  central air-conditioning, roofing, plumbing, insulation and

20  ventilation, and cladding systems, doors and windows, interior

21  surfaces, and chimneys and fireplaces.

22         (3)  HOME INSPECTION SERVICES; QUALIFICATIONS,

23  STANDARDS.--

24         (a)  No person shall offer home inspection services as

25  a board-certified home inspector, or represent himself or

26  herself as a board-certified home inspector, unless such

27  person has passed the National Home Inspector Examination

28  (NHIE), offered by the Examination Board of Professional Home

29  Inspectors, or any other examination deemed to be

30  psychometrically valid by the Secretary of Business and

31  Professional Regulation.

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    Florida House of Representatives - 2000                 HB 465

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  1         (b)  The minimum standard of practice for home

  2  inspection by a person representing himself or herself as a

  3  board-certified home inspector shall be the version of the

  4  Standards of Practice of the American Society of Home

  5  Inspectors effective January 1, 2000, or any other

  6  consensus-based home inspection standard deemed equivalent by

  7  the Secretary of Business and Professional Regulation.

  8         (4)  EXEMPTIONS.--A person licensed as a construction

  9  contractor under chapter 489, an architect under chapter 481,

10  or an engineer under chapter 471 is not required to comply

11  with this section with regard to any report, survey,

12  evaluation, or estimate rendered within the scope of practice

13  authorized by such license.

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

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

16  home inspector must provide the following to any person who

17  will enter into a contract to have a home inspection and who,

18  as a client of the inspector, has requested the inspection:

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

20  credentials, including whether or not the inspector is board

21  certified.

22         (b)  A caveat in 10-point or larger boldfaced type that

23  states:

24         "AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF

25  THE OVERALL CONDITION OF A BUILDING.  THE INSPECTION IS BASED

26  ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

27  BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.

28  THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE

29  ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT

30  MAY EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR

31  IMPLIED.  IT SHOULD BE UNDERSTOOD THAT A HOME INSPECTION IS A

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    Florida House of Representatives - 2000                 HB 465

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  1  GENERAL OVERVIEW OF THE CONDITION OF THE BUILDING AND

  2  COMPONENTS.  THE HOME INSPECTOR IS NOT NECESSARILY A

  3  PROFESSIONAL WITH LICENSES AUTHORIZING THE RENDERING OF

  4  DETAILED OPINIONS REGARDING ALL OF THE ITEMS OR SYSTEMS

  5  INCLUDED IN THE INSPECTION.  YOU MAY BE ADVISED TO SEEK AN

  6  OPINION FROM AN APPROPRIATELY LICENSED PROFESSIONAL AS TO ANY

  7  DEFECTS OR CONCERNS MENTIONED IN THE REPORT."

  8         (c)  A written disclosure to the client of any conflict

  9  of interest or relationship of the home inspector which may

10  affect the client.

11         (d)  A written statement or agreement declaring the

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

13  conditions regarding the home inspection.

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

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

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

17  written report of the results of the home inspection.

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

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

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

21  inspector which relates to the inspection or conditions

22  reported by the home inspector.

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

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

25  inspector which relates to the inspection.

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

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

28  preceding 12 months.

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

30  home inspection report to any person other than the client.

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    Florida House of Representatives - 2000                 HB 465

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  1         (8)  FAILURE TO COMPLY.--Failure to comply with any

  2  provision of this section constitutes a deceptive and unfair

  3  trade practice.

  4         Section 2.  This act shall take effect July 1, 2000.

  5

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  7                          HOUSE SUMMARY

  8
      Provides requirements relating to home inspection
  9    services. Provides legislative intent and definitions.
      Provides inspection qualifications and practice standards
10    for home inspectors representing themselves as board
      certified. Provides exemptions. Requires, prior to
11    inspection, provision of inspector credentials, a caveat,
      a disclosure of conflicts of interest and certain
12    relationships, and a statement or agreement of scope,
      limitations, terms, and conditions. Requires a report on
13    the results of the inspection. Prohibits certain acts,
      for which there are civil penalties. Provides that
14    failure to comply is a deceptive and unfair trade
      practice. See bill for details.
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