|
|
|
1
|
A bill to be entitled |
2
|
An act relating to home inspection services; creating s. |
3
|
501.935, F.S.; providing for licensure of persons |
4
|
providing home inspection services; providing legislative |
5
|
intent and definitions; providing standards of practice; |
6
|
creating the Florida Home Inspection Advisory Council; |
7
|
providing licensure requirements, including grandfathering |
8
|
provisions; providing exemptions; providing prohibited |
9
|
acts and penalties; providing for complaints and |
10
|
discipline; providing fees; requiring liability insurance; |
11
|
exempting from duty to provide repair cost estimates; |
12
|
providing for reciprocity; providing continuing education |
13
|
requirements; providing limitations; providing for |
14
|
enforcement of violations; providing an effective date. |
15
|
|
16
|
Be It Enacted by the Legislature of the State of Florida: |
17
|
|
18
|
Section 1. Section 501.935, Florida Statutes, is created |
19
|
to read: |
20
|
501.935 Home inspection services; advisory council; |
21
|
licensure requirements; exemptions; prohibited acts and |
22
|
penalties; complaints and discipline; fees and insurance; |
23
|
continuing education; reciprocity; limitations and |
24
|
enforcement.--
|
25
|
(1) INTENT.--It is the intent of this section to require |
26
|
the licensing of home inspectors and to ensure that consumers of |
27
|
home inspection services can rely on the competence of home |
28
|
inspectors, as determined by educational and experience |
29
|
requirements and testing.
|
30
|
(2) DEFINITIONS.--As used in this section, the term:
|
31
|
(a) "Department" means the Department of Agriculture and |
32
|
Consumer Services.
|
33
|
(b) "Home" means any residential real property, or |
34
|
manufactured or modular home, that is a single-family dwelling, |
35
|
duplex, triplex, quadruplex, condominium unit, or cooperative |
36
|
unit. The term does not include the common areas of condominiums |
37
|
or cooperatives.
|
38
|
(c) "Home inspector" means any person who provides or |
39
|
offers to provide a home inspection for a fee or other |
40
|
compensation.
|
41
|
(d) "Home inspection" means a limited visual examination |
42
|
of one or more of the readily accessible installed systems and |
43
|
components of a home, including the structure, electrical |
44
|
system, HVAC system, roof covering, plumbing system, interior |
45
|
components, exterior components, and site conditions that affect |
46
|
the structure, for the purposes of providing a written |
47
|
professional opinion of the condition of the home.
|
48
|
(3) STANDARDS OF PRACTICE.--The department, in |
49
|
consultation with the Florida Home Inspection Advisory Council, |
50
|
shall adopt by rule pursuant to ss. 120.536(1) and 120.54 the |
51
|
minimum standards of practice for home inspectors, which shall |
52
|
be based on nationally recognized industry standards of practice |
53
|
for home inspectors.
|
54
|
(4) FLORIDA HOME INSPECTION ADVISORY COUNCIL.--
|
55
|
(a) The department shall appoint a Florida Home Inspection |
56
|
Advisory Council to consist of eight members who are home |
57
|
inspectors having a minimum of 5 years' experience each, one |
58
|
consumer member, and one nonvoting member from the staff of the |
59
|
department.
|
60
|
(b) The mission of the advisory council is to provide |
61
|
industry input to the department and assist the department in |
62
|
developing standards of practice and rules pursuant to this |
63
|
section.
|
64
|
(c) The advisory council shall assist the department in |
65
|
the review of complaints filed against home inspectors.
|
66
|
(d) The advisory council shall meet at least three times |
67
|
each year.
|
68
|
(5) EXEMPTIONS.--The following persons are not required to |
69
|
comply with this section with regard to any valuation condition, |
70
|
report, survey, evaluation, or estimate rendered within the |
71
|
scope of practice authorized by such license, except when such |
72
|
persons are operating within the scope of this section:
|
73
|
(a) A construction contractor licensed under chapter 489.
|
74
|
(b) An architect licensed under chapter 481.
|
75
|
(c) An engineer licensed under chapter 471.
|
76
|
(d) A building code administrator, plans examiner, or |
77
|
building code inspector licensed under part XII of chapter 468.
|
78
|
(e) A certified real estate appraiser, licensed real |
79
|
estate appraiser, or registered real estate appraiser licensed |
80
|
under part II of chapter 475.
|
81
|
(f) An inspector whose report is being provided to, and is |
82
|
solely for the benefit of, the Federal Housing Administration or |
83
|
the Veterans Administration.
|
84
|
(g) An inspector conducting inspections for wood- |
85
|
destroying organisms on behalf of a licensee under chapter 482.
|
86
|
(h) A firesafety inspector certified under s. 633.081.
|
87
|
(i) An insurance adjuster licensed under part VI of |
88
|
chapter 626.
|
89
|
(j) An officer appointed by the court.
|
90
|
(6) LICENSE CRITERIA.--
|
91
|
(a) A person may not provide or represent himself or |
92
|
herself as able to perform a professional home inspection for |
93
|
compensation unless the person is licensed in accordance with |
94
|
this section.
|
95
|
(b) A business entity may not provide or offer to provide |
96
|
home inspection services unless each of the home inspectors |
97
|
employed by the business entity is licensed in accordance with |
98
|
this section.
|
99
|
(c) A business entity may not use, in connection with the |
100
|
name or signature of the business entity, the title "home |
101
|
inspectors" to describe the business entity's services unless |
102
|
each of the home inspectors employed by the business entity is |
103
|
licensed in accordance with this section.
|
104
|
(7) ELIGIBILITY.--To be eligible for a license as a home |
105
|
inspector, an applicant must:
|
106
|
(a) Be of good moral character.
|
107
|
(b) Have successfully completed high school or its |
108
|
equivalent.
|
109
|
(c) Have completed a course of study of no less than 90 |
110
|
hours that covers all of the following components of a home: |
111
|
structure, electrical system, HVAC system, roof covering, |
112
|
plumbing system, interior components, exterior components, and |
113
|
site conditions that affect the structure.
|
114
|
(d) Pass an examination that is psychometrically valid and |
115
|
meets the standards of the Council on Licensure, Enforcement, |
116
|
and Regulation, as determined by the department.
|
117
|
(8) GRANDFATHERING.--For the first year after the |
118
|
enactment of this section, to be eligible for a license as a |
119
|
home inspector, an applicant must:
|
120
|
(a) Be of good moral character.
|
121
|
(b) Have successfully completed high school or its |
122
|
equivalent.
|
123
|
(c) Have been engaged in the practice of home inspection |
124
|
for compensation for not fewer than 3 years prior to the |
125
|
effective date of this section.
|
126
|
(d) Have performed not fewer than 250 home inspections for |
127
|
compensation.
|
128
|
(e) Have passed a psychometrically valid examination that |
129
|
meets the standards in the Council on Licensure, Enforcement, |
130
|
and Regulation publication "A Resource Brief on Licensure |
131
|
Examinations," as determined by the department.
|
132
|
(9) PROHIBITED ACTS; PENALTIES.--
|
133
|
(a) A home inspector, a company that employs a home |
134
|
inspector, or a company that is controlled by a company that |
135
|
also has a financial interest in a company employing a home |
136
|
inspector may not:
|
137
|
1. Perform or offer to perform, prior to closing, for any |
138
|
additional fee, any repairs to a home on which the inspector or |
139
|
the inspector's company has prepared a home inspection report. |
140
|
This paragraph does not apply to a home warranty company that is |
141
|
affiliated with or retains a home inspector to perform repairs |
142
|
pursuant to a claim made under a home warranty contract.
|
143
|
2. Inspect for a fee any property in which the inspector |
144
|
or the inspector's company has any financial or transfer |
145
|
interest.
|
146
|
3. Offer or deliver any compensation, inducement, or |
147
|
reward to the owner of the inspected property, or any broker or |
148
|
agent therefor, for the referral of any business to the |
149
|
inspector or the inspection company.
|
150
|
4. Accept an engagement to make an omission or prepare a |
151
|
report in which the inspection itself, or the fee payable for |
152
|
the inspection, is contingent upon either the conclusions in the |
153
|
report, preestablished findings, or the close of escrow.
|
154
|
(b) Any person who violates any provision of this |
155
|
subsection commits a misdemeanor of the second degree, |
156
|
punishable as provided in s. 775.082 or s. 775.083.
|
157
|
(10) COMPLAINTS; DISCIPLINE.--
|
158
|
(a) Complaints concerning a home inspector subject to the |
159
|
provisions of this section shall be referred to the department.
|
160
|
(b) In lieu of investigation, the department may place in |
161
|
a registry a copy of a complaint received by the department |
162
|
against a licensed home inspector, the inspector's response to |
163
|
the complaint, and a copy of any records of the department |
164
|
concerning the complaint.
|
165
|
(c) The department shall provide to the home inspector a |
166
|
copy of the complaint no later than 30 days after the date the |
167
|
complaint is received by the department alleging that the |
168
|
inspector has engaged in conduct that is grounds for discipline.
|
169
|
(d) After receiving a copy of the complaint, the home |
170
|
inspector may place in a registry a statement within 30 days |
171
|
that describes the inspector's view of the correctness or |
172
|
relevance of any of the information contained in the complaint.
|
173
|
(e) The department shall make the complaint and the home |
174
|
inspector's response to the complaint available to the public.
|
175
|
(f) The department shall remove all complaints against and |
176
|
other information concerning a home inspector from the registry |
177
|
if, for a period of 2 years from the date of the most recent |
178
|
complaint filed in the registry, no further complaints have been |
179
|
filed against the inspector.
|
180
|
(g) Unworthy or frivolous complaints shall be discarded |
181
|
and shall not be retained.
|
182
|
(h) The department may make investigations or conduct |
183
|
hearings pursuant to chapter 120 to determine whether a |
184
|
violation of this section has occurred.
|
185
|
(i) The department may refuse to grant a home inspector |
186
|
license or may suspend or revoke a home inspector license upon |
187
|
proof to the satisfaction of the department that the applicant |
188
|
or licensee has participated in an unfair business practice |
189
|
relating to the provision of home inspection services.
|
190
|
(11) FEES.--The department shall by rule establish the |
191
|
fees for licensure, renewal of licensure, and other services |
192
|
provided by the department under this section. Fees established |
193
|
under this subsection may not exceed amounts sufficient to |
194
|
defray the administrative costs to the state under this section |
195
|
and shall be comparable to those charged for other similar, |
196
|
regulated professions.
|
197
|
(12) INSURANCE.--A licensed home inspector must maintain a |
198
|
commercial general liability insurance policy in an amount of |
199
|
not less that $300,000.
|
200
|
(13) REPAIR COST ESTIMATES.--Home inspectors are not |
201
|
required to provide estimates related to the cost of repair of |
202
|
an inspected property.
|
203
|
(14) RECIPROCITY.--The department shall issue a home |
204
|
inspector license to any person who holds a valid license, |
205
|
certificate, or registration issued by another state, territory, |
206
|
or possession of the United States or the District of Columbia |
207
|
that has standards and licensing requirements substantially |
208
|
equivalent to or exceeding those of this state, as determined by |
209
|
the Florida Home Inspection Advisory Council, upon payment of |
210
|
the fee imposed and submission of the written application |
211
|
provided by the department.
|
212
|
(15) CONTINUING EDUCATION REQUIREMENTS.--A licensed home |
213
|
inspector must complete at least 14 hours of continuing |
214
|
education approved by the department during each calendar year |
215
|
in order to maintain his or her license.
|
216
|
(16) STATUTE OF LIMITATIONS.--Chapter 95 governs when an |
217
|
action to enforce an obligation, duty, or right arising under |
218
|
this section must be commenced.
|
219
|
(17) ENFORCEMENT OF VIOLATIONS.--Any violation of this |
220
|
section constitutes a deceptive and unfair trade practice, |
221
|
punishable as provided in part II of this chapter.
|
222
|
Section 2. This act shall take effect July 1, 2004. |