HB 1131 2003
1	A bill to be entitled
2	An act relating to home inspection services; creating s.
3	501.935, F.S.; providing requirements relating to home
4	inspection services; providing legislative intent;
5	providing definitions; providing certain inspector
6	qualifications and practice standards; providing
7	exemptions; requiring, before inspection, provision of
8	inspector credentials, a caveat, a disclosure of conflicts
9	of interest and certain relationships, and a statement or
10	agreement of scope, limitations, terms, and conditions;
11	requiring a report to the client on the results of the
12	inspection and requiring provision of relevant portions
13	thereof to homeowners under certain circumstances;
14	prohibiting certain acts for which there are civil
15	penalties; providing that failure to comply is a deceptive
16	and unfair trade practice; providing for injunction
17	against use of the title "board-certified home inspector"
18	under certain circumstances and requiring notice thereof
19	to potential clients; providing for the filing of
20	complaints; requiring maintenance of records regarding
21	complaints and compilation of statistics regarding such
22	complaints; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Section 501.935, Florida Statutes, is created
27	to read:
28	501.935 Home inspection services; qualifications and
29	standards; exemptions; required disclosures prior to inspection;
30	report on inspection results; prohibited acts; failure to
31	comply; complaints.--
32	(1) INTENT.--The Legislature recognizes that the
33	performance of a home inspection requires certain unique skills
34	and that a home inspection should not be confused with an
35	engineering analysis, the practice of engineering, the practice
36	of architecture, an evaluation of compliance with construction
37	codes, a code enforcement inspection, contracting as defined in
38	chapter 489, or an appraisal as defined in chapter 475.
39	Therefore, it is in the public interest to require the
40	disclosure of information useful to assist consumers in choosing
41	a qualified home inspector, to inform them of the limitations of
42	a home inspection, and to prohibit actions that conflict with
43	the best interests of a home inspector's client.
44	(2) DEFINITIONS.--For the purposes of this section:
45	(a) "Conspicuous type" means type in capital letters at
46	least 2 points larger than the largest type, exclusive of
47	headings, on the page on which it appears and, in all cases, at
48	least 10-point type. When conspicuous type is required, it must
49	be separated on all sides from other type and print. Conspicuous
50	type may not be used in a disclosure or contract except when
51	required by law.
52	(b) "Home" means any improved residential real property
53	that is a single-family dwelling, duplex, triplex, quadruplex,
54	condominium unit, or cooperative unit. The term includes the
55	structure, fixtures, appliances, and mechanical systems, but
56	does not include offsite amenities or common areas of a
57	condominium or cooperative.
58	(c) "Home inspector" means any person who provides or
59	offers to provide a home inspection for a fee or other
60	compensation.
61	(d) "Home inspection" means an examination, done for
62	compensation, of the mechanical and physical components of a
63	home through visual means and operation of normal user controls,
64	without necessarily the use of any mathematical or engineering
65	science. The inspection may include, but is not limited to,
66	examination of the readily visible portions of the structural,
67	electrical, heating, central air-conditioning, roofing,
68	plumbing, insulation and ventilation, cladding systems, doors
69	and windows, interior surfaces, and chimneys and fireplaces.
70	(3) HOME INSPECTION SERVICES; QUALIFICATIONS; STANDARDS.--
71	(a) A person may not offer home inspection services as a
72	board-certified home inspector, or represent himself or herself
73	as a board-certified home inspector, unless such person has
74	passed the National Home Inspector Examination offered by the
75	Examination Board of Professional Home Inspectors or any other
76	examination considered psychometrically valid by the Secretary
77	of Business and Professional Regulation.
78	(b) The minimum standard of practice for home inspection
79	is the version of the Standards of Practice of the American
80	Society of Home Inspectors effective January 1, 2000, or any
81	other consensus-based home inspection standard deemed equivalent
82	by the Secretary of Business and Professional Regulation.
83	(4) EXEMPTIONS.--The following persons are not required to
84	comply with this section with regard to any valuation condition,
85	report, survey, evaluation, or estimate rendered within the
86	scope of practice authorized by such license:
87	(a) A construction contractor licensed under chapter 489.
88	(b) An architect licensed under chapter 481.
89	(c) An engineer licensed under chapter 471.
90	(d) A building code administrator, plans examiner, or
91	building code inspector licensed under part XII of chapter 468.
92	(e) A certified real estate appraiser, licensed real
93	estate appraiser, or registered assistant real estate appraiser
94	licensed under part II of chapter 475.
95	(f) An inspector whose report is being provided to, and is
96	solely for the benefit of, the Federal Housing Administration or
97	the Veterans Administration.
98	(5) DISCLOSURE.--Before entering into a contract for home
99	inspection and before performing any home inspection, a home
100	inspector must provide the following to any person who will
101	enter into a contract to have a home inspection and who, as a
102	client of the inspector, has requested the inspection:
103	(a) A written list of the home inspector's credentials,
104	including whether or not the inspector is board certified.
105	(b) A caveat in conspicuous type that states:
106	"AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF THE
107	OVERALL CONDITION OF A HOME. THE INSPECTION IS BASED ON
108	OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE
109	BUILDING AND ITS MECHANICAL AND PHYSICAL COMPONENTS ON THE DATE
110	OF THE INSPECTION. THE RESULTS OF THIS HOME INSPECTION ARE NOT
111	INTENDED TO MAKE ANY REPRESENTATION REGARDING LATENT OR
112	CONCEALED DEFECTS THAT MAY EXIST, AND NO WARRANTY OR GUARANTEE
113	IS EXPRESSED OR IMPLIED. IT SHOULD BE UNDERSTOOD THAT A HOME
114	INSPECTION IS A GENERAL OVERVIEW OF THE CONDITION OF THE
115	BUILDING AND COMPONENTS. THE HOME INSPECTOR IS NOT NECESSARILY A
116	PROFESSIONAL WITH LICENSES AUTHORIZING THE RENDERING OF DETAILED
117	OPINIONS REGARDING ANY OR ALL OF THE ITEMS OR SYSTEMS INCLUDED
118	IN THE INSPECTION. YOU MAY WISH TO SEEK AN OPINION FROM AN
119	APPROPRIATELY LICENSED PROFESSIONAL AS TO ANY DEFECTS OR
120	CONCERNS MENTIONED IN THE REPORT."
121	(c) A written disclosure to the client of any conflict of
122	interest or relationship of the home inspector which may affect
123	the client.
124	(d) A written statement or agreement declaring the home
125	inspector's scope of services, limitations, terms, and
126	conditions regarding the home inspection.
127	(6) REPORT.--A home inspector must provide to the client,
128	within 3 working days after the date of the home inspection or
129	at any other time agreed upon by both parties, a written report
130	of the results of the home inspection. The relevant part of the
131	report shall be provided by the buyer to the owner of the home
132	upon request if a home inspection report is used by the buyer as
133	a reason to void, modify, or refuse to close on a contract for
134	sale and purchase of the home.
135	(7) PROHIBITIONS.--A home inspector may not:
136	(a) Accept any commission, allowance, gift, or other thing
137	of value from another party dealing with a client of the
138	inspector which relates to the inspection or conditions reported
139	by the home inspector.
140	(b) Offer any commission, allowance, gift, or other thing
141	of value to another party dealing with a client of the inspector
142	which offer relates to the inspection.
143	(c) Perform or offer to perform, for a fee, remedial work
144	on a property which the inspector has inspected in the preceding
145	12 months.
146	(d) Disclose, without the client's written consent, a home
147	inspection report to a person other than the client.
148	(8) FAILURE TO COMPLY.--The failure of a home inspector to
149	comply with any provision of this section constitutes a
150	deceptive and unfair trade practice for which a cause of action
151	under part II of this chapter may be prosecuted, in addition to
152	any other remedy provided by law. A court may enjoin any person
153	who has substantially failed to comply with this section from
154	using the title "board-certified home inspector" for a
155	reasonable period of time and may require such person to inform
156	any potential client of the existence of such injunction.
157	(9) COMPLAINTS.--Complaints concerning a home inspector
158	subject to the provisions of this section may be referred to the
159	Division of Consumer Services of the Department of Agriculture
160	and Consumer Services. The division shall maintain records
161	regarding complaints and shall compile statistics regarding such
162	complaints.
163	Section 2. This act shall take effect July 1, 2003.