House Bill 0465e1
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CS/HB 465, First Engrossed
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; requiring rulemaking by
7 the Department of Agriculture and Consumer
8 Services; 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 to the client on the results
15 of the inspection and requiring provision of
16 relevant portions thereof to homeowners under
17 certain circumstances; prohibiting certain
18 acts, for which there are civil penalties;
19 providing that failure to comply is a deceptive
20 and unfair trade practice; providing for
21 injunction against use of the title "certified
22 home inspector" under certain circumstances and
23 requiring notice thereof to potential clients;
24 providing for the filing of complaints;
25 requiring maintenance of records regarding
26 complaints and compilation of statistics
27 regarding such complaints; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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CS/HB 465, First Engrossed
1 Section 1. Section 501.935, Florida Statutes, is
2 created to read:
3 501.935 Home inspection services; qualifications and
4 standards; exemptions; required disclosures prior to
5 inspection; report on inspection results; prohibited acts;
6 failure to comply; complaints.--
7 (1) INTENT.--The Legislature recognizes that the
8 performance of a home inspection requires certain unique
9 skills and that a home inspection should not be confused with
10 an engineering analysis, the practice of engineering, the
11 practice of architecture, an evaluation of compliance with
12 construction codes, a code enforcement inspection, contracting
13 as defined in chapter 489, or an appraisal as defined in
14 chapter 475. Therefore, it is in the public interest to
15 require the disclosure of information useful to assist
16 consumers in choosing a qualified home inspector, to inform
17 them of the limitations of a home inspection, and to prohibit
18 actions that conflict with the best interests of a home
19 inspector's client.
20 (2) DEFINITIONS.--For the purposes of this section:
21 (a) "Conspicuous type" means type in capital letters
22 at least 2 points larger than the largest type, exclusive of
23 headings, on the page on which it appears and, in all cases,
24 at least 10-point type. Where conspicuous type is required, it
25 must be separated on all sides from other type and print.
26 Conspicuous type may not be used in a disclosure or contract
27 except where required by law.
28 (b) "Home" means any improved residential real
29 property that is a single-family dwelling, duplex, triplex,
30 quadruplex, condominium unit, or cooperative unit. "Home"
31 includes the structure, fixtures, appliances, and mechanical
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CS/HB 465, First Engrossed
1 systems, but does not include offsite amenities or common
2 areas of a condominium or cooperative.
3 (c) "Home inspector" means any person who provides or
4 offers to provide a home inspection for a fee or other
5 compensation.
6 (d) "Home inspection" means an examination, done for
7 compensation, of the mechanical and physical components of a
8 home through visual means and operation of normal user
9 controls, without necessarily the use of any mathematical or
10 engineering science. The inspection may include, but is not
11 limited to, examination of the readily visible portions of the
12 structural, electrical, heating, central air-conditioning,
13 roofing, plumbing, insulation and ventilation, and cladding
14 systems, doors and windows, interior surfaces, and chimneys
15 and fireplaces.
16 (3) HOME INSPECTION SERVICES; STANDARDS OF
17 PRACTICE.--The minimum standards of practice for all home
18 inspection services shall be developed and adopted by rule by
19 the Department of Agriculture and Consumer Services. The
20 minimum requirements for a home inspector to advertise as a
21 "certified home inspector" shall also be developed and adopted
22 by rule by the department, which rules may require the
23 successful passage of an examination and experience
24 requirements. In promulgating these rules, the department is
25 directed to consult with representatives of the Florida home
26 inspection industry, the Florida Building Code Administrators
27 and Inspectors Board, the Construction Industry Licensing
28 Board, and the Electrical Contractors' Licensing Board. The
29 administrative rules required by this subsection are to be
30 promulgated and adopted by July 1, 2001.
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CS/HB 465, First Engrossed
1 (4) EXEMPTIONS.--The following persons are not
2 required to comply with this section with regard to any
3 valuation condition, report, survey, evaluation, or estimate
4 rendered within the scope of practice authorized by such
5 license:
6 (a) A construction contractor licensed under chapter
7 489.
8 (b) An architect licensed under chapter 481.
9 (c) An engineer licensed under chapter 471.
10 (d) A building code administrator, plans examiner, or
11 building code inspector licensed under part XII of chapter
12 468.
13 (e) A certified real estate appraiser, licensed real
14 estate appraiser, or registered assistant real estate
15 appraiser licensed under part II of chapter 475.
16 (f) An inspector whose report is being provided to,
17 and is solely for the benefit of, the Federal Housing
18 Administration or the Veterans Administration.
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20 These exemptions shall not apply to a person who holds himself
21 or herself out as a person providing home inspection services.
22 (5) DISCLOSURE.--Prior to entering into a contract for
23 home inspection and prior to performing any home inspection, a
24 home inspector must provide the following to any person, or
25 the person's representative, who will enter into a contract to
26 have a home inspection and who, as a client of the inspector,
27 has requested the inspection:
28 (a) A written list of the home inspector's
29 credentials.
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CS/HB 465, First Engrossed
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
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CS/HB 465, First Engrossed
1 is used by the buyer as a reason to void, modify, or refuse to
2 close on a contract for sale and purchase of the home.
3 (7) PROHIBITIONS.--A home inspector may not:
4 (a) Accept any commission, allowance, gift, or other
5 thing of value from another party dealing with a client of the
6 inspector which relates to the inspection or conditions
7 reported by the home inspector.
8 (b) Offer any commission, allowance, gift, or other
9 thing of value to another party dealing with a client of the
10 inspector which relates to the inspection.
11 (c) Perform, or offer to perform, for a fee, remedial
12 work on a property which the inspector has inspected in the
13 preceding 12 months.
14 (d) Disclose, without the client's written consent, a
15 home inspection report to any person other than the client or
16 the client's representative.
17 (8) FAILURE TO COMPLY.--The failure of a home
18 inspector to comply with any provision of this section
19 constitutes a deceptive and unfair trade practice for which a
20 cause of action under part II of chapter 501 may be
21 prosecuted, in addition to any other remedy provided by law. A
22 court may enjoin any person who has substantially failed to
23 comply with this section from using the title "certified home
24 inspector" for a reasonable period of time and may require
25 such person to inform any potential client of the existence of
26 such injunction.
27 (9) COMPLAINTS.--Complaints concerning a home
28 inspector subject to the provisions of this section may be
29 referred to the Division of Consumer Services of the
30 Department of Agriculture and Consumer Services. The division
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CS/HB 465, First Engrossed
1 shall maintain records regarding complaints and shall compile
2 statistics regarding such complaints.
3 Section 2. This act shall take effect July 1, 2000.
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