Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1830
                        Barcode 470250
                            CHAMBER ACTION
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11  The Committee on Regulated Industries (King) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 501.935, Florida Statutes, is
19  created to read:
20         501.935  Home inspection services; requirements;
21  exemptions; prohibited acts and penalties; insurance;
22  limitations and enforcement.--
23         (1)  DEFINITIONS.--As used in this section, the term:
24         (a)  "Home" means any residential real property, or
25  manufactured or modular home, that is a single-family
26  dwelling, duplex, triplex, quadruplex, condominium unit, or
27  cooperative unit. The term does not include the common areas
28  of condominiums or cooperatives.
29         (b)  "Home inspector" means any person who provides or
30  offers to provide a home inspection for a fee or other
31  compensation.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1830 Barcode 470250 1 (c) "Home inspection" means a limited visual 2 examination of one or more of the readily accessible installed 3 systems and components of a home, including the structure, 4 electrical system, HVAC system, roof covering, plumbing 5 system, interior components, exterior components, and site 6 conditions that affect the structure, for the purposes of 7 providing a written professional opinion of the condition of 8 the home. 9 (2) REQUIREMENTS FOR PRACTICE.-- 10 (a) A person shall not work as a home inspector unless 11 he or she: 12 1. Has successfully completed a course of study in 13 home inspections which requires a passing score on a valid 14 examination and is provided through a nonprofit organization 15 or a community college or university, which is not less than 16 80 hours, and which includes, but is not limited to, each of 17 the following components of a home: structure, electrical 18 system, roof covering, plumbing system, interior components, 19 exterior components, site conditions that affect the 20 structure, and heating, ventilation, and cooling systems. 21 2. Annually completes 8 hours of continuing education, 22 provided through a nonprofit organization or a community 23 college or university, related to home inspections. 24 3. Discloses each of the following to the consumer in 25 writing prior to contracting for or commencing a home 26 inspection: 27 a. The home inspector meets the education and 28 examination requirements of this subsection; 29 b. The home inspector maintains the commercial general 30 liability insurance policy required by this section; 31 c. The scope and any exclusions of the home 2 3:07 PM 04/21/05 s1830c-ri08-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1830 Barcode 470250 1 inspection; and 2 d. A statement of experience which shall include 3 either the approximate number of home inspections the home 4 inspector has performed for a fee or the number of years of 5 experience as a home inspector. 6 4. Home inspectors are not regulated by any state 7 agency, but any violation of this section may be an unfair and 8 deceptive trade practice under part II of chapter 501. 9 (b) A business entity may not provide or offer to 10 provide home inspection services unless each of the home 11 inspectors employed by the business entity satisfies all the 12 requirements of this section. 13 (c) A business entity may not use, in connection with 14 the name or signature of the business entity, the title "home 15 inspectors" to describe the business entity's services unless 16 each of the home inspectors employed by the business entity 17 satisfies all the requirements of this section. 18 (3) EXEMPTIONS.--The following persons are not 19 required to comply with this section when acting within the 20 scope of practice authorized by such license, except when such 21 persons are conducting, producing, disseminating, or charging 22 a fee for a home inspection or otherwise operating within the 23 scope of this section: 24 (a) A construction contractor licensed under chapter 25 489. 26 (b) An architect licensed under chapter 481. 27 (c) An engineer licensed under chapter 471. 28 (d) A building code administrator, plans examiner, or 29 building code inspector licensed under part XII of chapter 30 468. 31 (e) A certified real estate appraiser, licensed real 3 3:07 PM 04/21/05 s1830c-ri08-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1830 Barcode 470250 1 estate appraiser, or registered real estate appraiser licensed 2 under part II of chapter 475. 3 (f) An inspector whose report is being provided to, 4 and is solely for the benefit of, the Federal Housing 5 Administration or the Veterans Administration. 6 (g) An inspector conducting inspections for 7 wood-destroying organisms on behalf of a licensee under 8 chapter 482. 9 (h) A firesafety inspector certified under s. 633.081. 10 (i) An insurance adjuster licensed under part VI of 11 chapter 626 or any person performing insurance underwriting 12 duties. 13 (j) An officer appointed by the court. 14 (k) A master septic tank contractor licensed under 15 part III of chapter 489. 16 (l) A certified energy auditor performing an energy 17 audit of any home or building conducted under chapter 366 or 18 rules adopted by the Public Service Commission. 19 (4) PROHIBITED ACTS; PENALTIES.-- 20 (a) A home inspector, a company that employs a home 21 inspector, or a company that is controlled by a company that 22 also has a financial interest in a company employing a home 23 inspector may not: 24 1. Perform or offer to perform, prior to closing, for 25 any additional fee, any repairs to a home on which the 26 inspector or the inspector's company has prepared a home 27 inspection report. This paragraph does not apply to a home 28 warranty company that is affiliated with or retains a home 29 inspector to perform repairs pursuant to a claim made under a 30 home warranty contract. 31 2. Inspect for a fee any property in which the 4 3:07 PM 04/21/05 s1830c-ri08-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1830 Barcode 470250 1 inspector or the inspector's company has any financial or 2 transfer interest. 3 3. Offer or deliver any compensation, inducement, or 4 reward to the owner of the inspected property, or any broker 5 or agent therefor, for the referral of any business to the 6 inspector or the inspection company. 7 4. Accept an engagement to make an omission or prepare 8 a report in which the inspection itself, or the fee payable 9 for the inspection, is contingent upon either the conclusions 10 in the report, preestablished findings, or the close of 11 escrow. 12 (b) Any person who violates any provision of this 13 subsection commits: 14 1. A misdemeanor of the second degree for a first 15 violation, punishable as provided in s. 775.082 or s. 775.083. 16 2. A misdemeanor of the first degree for a second 17 violation, punishable as provided in s. 775.082 or s. 775.083. 18 3. A felony of the third degree for a third or 19 subsequent violation, punishable as provided in s. 775.082, s. 20 775.083, or s. 775.084. 21 (5) INSURANCE.--A home inspector must maintain a 22 commercial general liability insurance policy in an amount of 23 not less that $300,000. 24 (6) REPAIR COST ESTIMATES.--Home inspectors are not 25 required to provide estimates related to the cost of repair of 26 an inspected property. 27 (7) STATUTE OF LIMITATIONS.--Chapter 95 governs when 28 an action to enforce an obligation, duty, or right arising 29 under this section must be commenced. 30 (8) ENFORCEMENT OF VIOLATIONS.--Any violation of this 31 section constitutes a deceptive and unfair trade practice, 5 3:07 PM 04/21/05 s1830c-ri08-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1830 Barcode 470250 1 punishable as provided in part II of this chapter. 2 Section 2. This act shall take effect January 1, 2006. 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 Delete everything before the enacting clause 8 9 and insert: 10 A bill to be entitled 11 An act relating to home inspection services; 12 creating s. 501.935, F.S.; providing 13 definitions; providing requirements for 14 practice; providing exemptions; providing 15 prohibited acts and penalties; requiring 16 liability insurance; exempting from duty to 17 provide repair cost estimates; providing 18 limitations; providing for enforcement of 19 violations; providing an effective date. 20 21 22 23 24 25 26 27 28 29 30 31 6 3:07 PM 04/21/05 s1830c-ri08-e0x