HB 0315CS

CHAMBER ACTION




1The Commerce Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to home inspection services; creating s.
7501.935, F.S.; providing definitions; providing
8requirements for practice; providing exemptions; providing
9prohibited acts and penalties; requiring liability
10insurance; exempting from duty to provide repair cost
11estimates; providing limitations; providing for
12enforcement of violations; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 501.935, Florida Statutes, is created
17to read:
18     501.935  Home inspection services; requirements;
19exemptions; prohibited acts and penalties; insurance;
20limitations and enforcement.--
21     (1)  DEFINITIONS.--As used in this section, the term:
22     (a)  "Home" means any residential real property, or
23manufactured or modular home, that is a single-family dwelling,
24duplex, triplex, quadruplex, condominium unit, or cooperative
25unit. The term does not include the common areas of condominiums
26or cooperatives.
27     (b)  "Home inspector" means any person who provides or
28offers to provide a home inspection for a fee or other
29compensation.
30     (c)  "Home inspection" means a limited visual examination
31of one or more of the readily accessible installed systems and
32components of a home, including the structure, electrical
33system, HVAC system, roof covering, plumbing system, interior
34components, exterior components, and site conditions that affect
35the structure, for the purposes of providing a written
36professional opinion of the condition of the home.
37     (2)  REQUIREMENTS FOR PRACTICE.--
38     (a)  A person shall not work as a home inspector unless he
39or she:
40     1.  Has successfully completed a course of study, which
41requires a passing score on a valid examination and which is
42provided through a nonprofit organization or a community college
43or university, in home inspections which is not less than 80
44hours and which includes, but is not limited to, each of the
45following components of a home: structure, electrical system,
46roof covering, plumbing system, interior components, exterior
47components, site conditions that affect the structure, and
48heating, ventilation, and cooling systems.
49     2.  Completes 8 hours of continuing education provided
50through a nonprofit organization or a community college or
51university related to home inspections annually.
52     3.  Discloses each of the following to the consumer in
53writing and prior to contracting for or commencing a home
54inspection:
55     a.  The home inspector meets the education and examination
56requirements of this subsection.
57     b.  The home inspector maintains the commercial general
58liability insurance policy required by this section.
59     c.  The scope and any exclusions of the home inspection.
60     d.  A statement of experience which shall include either
61the approximate number of home inspections the home inspector
62has performed for a fee or the number of years of experience as
63a home inspector.
64     e.  Home inspectors are not regulated by any state agency,
65but any violation of this section may be an unfair and deceptive
66trade practice under part II of this chapter.
67     (b)  A business entity may not provide or offer to provide
68home inspection services unless each of the home inspectors
69employed by the business entity satisfies all the requirements
70of this section.
71     (c)  A business entity may not use, in connection with the
72name or signature of the business entity, the title "home
73inspectors" to describe the business entity's services unless
74each of the home inspectors employed by the business entity
75satisfies all the requirements of this section.
76     (3)  EXEMPTIONS.--The following persons are not required to
77comply with this section when acting within the scope of
78practice authorized by such license, except when such persons
79are conducting, producing, disseminating, or charging a fee for
80a home inspection or otherwise operating within the scope of
81this section:
82     (a)  A construction contractor licensed under chapter 489.
83     (b)  An architect licensed under chapter 481.
84     (c)  An engineer licensed under chapter 471.
85     (d)  A building code administrator, plans examiner, or
86building code inspector licensed under part XII of chapter 468.
87     (e)  A certified real estate appraiser, licensed real
88estate appraiser, or registered real estate appraiser licensed
89under part II of chapter 475.
90     (f)  An inspector whose report is being provided to, and is
91solely for the benefit of, the Federal Housing Administration or
92the Veterans Administration.
93     (g)  An inspector conducting inspections for wood-
94destroying organisms on behalf of a licensee under chapter 482.
95     (h)  A firesafety inspector certified under s. 633.081.
96     (i)  An insurance adjuster licensed under part VI of
97chapter 626.
98     (j)  An officer appointed by the court.
99     (k)  A master septic tank contractor licensed under part
100III of chapter 489.
101     (l)  A certified energy auditor performing an energy audit
102of any home or building conducted under chapter 366 or rules
103adopted by the Public Service Commission.
104     (4)  PROHIBITED ACTS; PENALTIES.--
105     (a)  A home inspector, a company that employs a home
106inspector, or a company that is controlled by a company that
107also has a financial interest in a company employing a home
108inspector may not:
109     1.  Perform or offer to perform, prior to closing, for any
110additional fee, any repairs to a home on which the inspector or
111the inspector's company has prepared a home inspection report.
112This paragraph does not apply to a home warranty company that is
113affiliated with or retains a home inspector to perform repairs
114pursuant to a claim made under a home warranty contract.
115     2.  Inspect for a fee any property in which the inspector
116or the inspector's company has any financial or transfer
117interest.
118     3.  Offer or deliver any compensation, inducement, or
119reward to the owner of the inspected property, or any broker or
120agent therefor, for the referral of any business to the
121inspector or the inspection company.
122     4.  Accept an engagement to make an omission or prepare a
123report in which the inspection itself, or the fee payable for
124the inspection, is contingent upon either the conclusions in the
125report, preestablished findings, or the close of escrow.
126     (b)  Any person who violates any provision of this
127subsection commits:
128     1.  A misdemeanor of the second degree for a first
129violation, punishable as provided in s. 775.082 or s. 775.083.
130     2.  A misdemeanor of the first degree for a second
131violation, punishable as provided in s. 775.082 or s. 775.083.
132     3.  A felony of the third degree for a third or subsequent
133violation, punishable as provided in s. 775.082, s. 775.083, or
134s. 775.084.
135     (5)  INSURANCE.--A home inspector must maintain a
136commercial general liability insurance policy in an amount of
137not less that $300,000.
138     (6)  REPAIR COST ESTIMATES.--Home inspectors are not
139required to provide estimates related to the cost of repair of
140an inspected property.
141     (7)  STATUTE OF LIMITATIONS.--Chapter 95 governs when an
142action to enforce an obligation, duty, or right arising under
143this section must be commenced.
144     (8)  ENFORCEMENT OF VIOLATIONS.--Any violation of this
145section constitutes a deceptive and unfair trade practice,
146punishable as provided in part II of this chapter.
147     Section 2.  This act shall take effect January 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.