| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to home inspection services; providing |
| 7 | definitions; requiring the Department of Business and |
| 8 | Professional Regulation to appoint a Home Inspection |
| 9 | Services Study Group; providing for membership; providing |
| 10 | for a study related to home inspection services; providing |
| 11 | for a report of findings; providing for future termination |
| 12 | of the study group; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Home Inspection Services Study Group.-- |
| 17 | (1) DEFINITIONS.--As used in this section, the term: |
| 18 | (a) "Department" means the Department of Business and |
| 19 | Professional Regulation. |
| 20 | (b) "Home" means any residential real property, or |
| 21 | manufactured or modular home, that is a single-family dwelling, |
| 22 | duplex, triplex, quadruplex, condominium unit, or cooperative |
| 23 | unit. The term does not include the common areas of condominiums |
| 24 | or cooperatives. |
| 25 | (c) "Home inspector" means any person who provides or |
| 26 | offers to provide a home inspection for a fee or other |
| 27 | compensation. |
| 28 | (d) "Home inspection" means a limited visual examination |
| 29 | of one or more of the readily accessible installed systems and |
| 30 | components of a home, including the structure, electrical |
| 31 | system, HVAC system, roof covering, plumbing system, interior |
| 32 | components, exterior components, and site conditions that affect |
| 33 | the structure, for the purposes of providing a written opinion |
| 34 | of the condition of the home. |
| 35 | (2) HOME INSPECTION SERVICES STUDY GROUP.-- |
| 36 | (a) The department shall appoint a Home Inspection |
| 37 | Services Study Group to consist of three members who are |
| 38 | practicing home inspectors having a minimum of 5 years' |
| 39 | experience each, one member of the Construction Industry |
| 40 | Licensing Board, one member of the Florida Building Code |
| 41 | Administrators and Inspectors Board, one member of the Board of |
| 42 | Architecture and Interior Design, one member of the Florida Real |
| 43 | Estate Appraisal Board, one member of the Board of Professional |
| 44 | Engineers, one member who is licensed pursuant to part I of |
| 45 | chapter 475, Florida Statutes, one consumer member, and one |
| 46 | nonvoting member from the staff of the department. |
| 47 | (b) The charge of the Home Inspection Services Study Group |
| 48 | is to conduct a study regarding home inspections and the duties |
| 49 | and responsibilities of home inspectors. The study should |
| 50 | address whether regulation of this occupation may be appropriate |
| 51 | or whether there may be better alternatives to regulation. The |
| 52 | Home Inspection Services Study Group shall consider the |
| 53 | following factors: |
| 54 | 1. Whether the unregulated practice of home inspection |
| 55 | substantially harms or endangers the public health, safety, or |
| 56 | welfare and whether the potential for harm is recognizable and |
| 57 | not remote. |
| 58 | 2. Whether the practice of home inspection requires |
| 59 | specialized skill or training and whether that skill or training |
| 60 | is readily measurable or quantifiable so that examination or |
| 61 | training requirements would reasonably ensure initial and |
| 62 | continuing professional or occupational ability. |
| 63 | 3. Whether regulation will have an unreasonable effect on |
| 64 | job creation or job retention in the state or will place |
| 65 | unreasonable restrictions on the ability of individuals who seek |
| 66 | to practice or who are practicing this occupation to find |
| 67 | employment. |
| 68 | 4. Whether the public is or can be effectively protected |
| 69 | by other means. |
| 70 | 5. Whether the overall cost-effectiveness and economic |
| 71 | impact of regulation, including the indirect costs to consumers, |
| 72 | will be favorable. |
| 73 | (c) The study shall be completed and a report prepared by |
| 74 | January 1, 2005, and submitted by the Home Inspection Services |
| 75 | Study Group to the Speaker of the House of Representatives, the |
| 76 | President of the Senate, the Secretary of Business and |
| 77 | Professional Regulation, and the Executive Office of the |
| 78 | Governor. |
| 79 | (d) The Home Inspection Services Study Group shall cease |
| 80 | to exist upon submission of its study report or January 1, 2005, |
| 81 | whichever occurs first. |
| 82 | Section 2. This act shall take effect upon becoming a law. |