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