MyFloridaCode.com

I have inserted  below the summary of the workshops around the state  
relating to Home Inspectors and yes right now the law still becomes effective  
this year. The only problem is that it this law makes absolutely no sense and  
according to DBPR can not be enforced, That is the reason DBPR want to 
update  legislation this year.
 
Tom Ricci
BT Builders Inc
954-214-4448
 
 
 
 
Page 3 of 22
Summary of Workshops

A summary of the workshops follows. The summary is divided into  sections 
based on area and
addresses topics such as: education requirements,  insurance, disclosure 
and exemptions. The
specific provisions in HB 315 have  been included as well as the provisions 
from the 2006 bill(s)
that had been  filed at the time this report was published.

Home Inspectors
Education
HB 315 (2005) HB 153 (2006) Home Inspection  Services
Complete no less than 60 course hours of study; 8 hours of  continuing 
education annually; disclosure to customer of meeting education,  insurance, and 
experience requirements; must also disclose scope and
that  they are not regulated by a state agency Complete no less than 80 
course hours  of study; 8 hours of continuing education annually; disclosure to 
customer of  meeting education, insurance, and experience
requirements; must also disclose  scope and that they are not regulated by 
a state agency

Concerns
• What constitutes a valid examination?
• 60 hours not  enough?
Consensus
• Yes – Third party accreditation could be a viable  option (see next 
section below)

Veto Message

• This area was addressed in the Governor’s veto message of HB 315.  
Proponents of
potential legislation might consider making education  requirements clear 
in order to
address the Governor’s concerns.

Continuing Education
HB 315 (2005) HB 153 (2006)

Home Inspection Services
8 hours of continuing education annually 8  hours of continuing education 
annually
Concerns
• Amount of  hours
Consensus
• None, as some agreed to 20 hours other felt 20 hours is  too much.
Veto Message
• In the Governor’s veto message of HB 315, he  expressed concern 
regarding the
ambiguity of who is to establish educational  requirements. During the 
various
workshops, the notion of a third party  serving to accredit education and 
exam
requirements was discussed. If  realistic, third party accreditation might 
be a credible
process by which  such requirements are approved.
3rd Party Accreditation
HB 315 (2005) HB  153 (2006)
Home Inspection Services
Not included Not included
Page 4 of  22
Concerns
• Whether continuing education programs would need third-party  
accreditation;
• Whether in-house programs could meet the continuing  education 
requirement; or
• Whether approval by a licensing board such as the  Construction Industry 
Licensing
Board could be recognized for continuing  education purposes.
Consensus
• A home inspector would meet the  educational requirements by taking a 
course which has
been recognized by an  independent and impartial organization which meets 
certain
accrediting body  standards. The third-party accrediting organization then 
serves as a
check in  the process, while still minimizing the level of involvement by 
state  government.
Disclosure
HB 315 (2005) HB 153 (2006)
Home Inspection  Services
Meets the educational and examination
requirements; Maintains the  required
commercial general liability insurance policy;
The scope and any  exclusions of the home
inspection; A statement of experience  which
includes the approximate number of home
inspections the home  inspector has performed
for a fee or the number of years of experience
the  home inspector has; and A statement that
home inspectors are not regulated by  any state
agency, however failure to comply with the
statutory  requirements may constitute an unfair
and deceptive trade practice under part  II of
chapter 501, Florida Statutes.
Meets the education  and
examination requirements of this subsection;
maintains the commercial  general liability
insurance policy; The scope and any
exclusions of the  home inspection; A
statement of experience that includes either
the  approximate number of home inspections
the home inspector has performed for a  fee or
the number of years of experience as a home
inspector; and That  home inspectors are not
regulated by any state agency, but any
violation  of this section constitutes a deceptive
and unfair trade practice under part  II of this
chapter.
Concerns
• Legal requirement to disclose the  approximate number of home inspections 
conducted by
the home inspector
•  Number of years of experience that the home inspector has
Consensus
•  None
Exemptions
HB 315 (2005) HB 153 (2006)
Home Inspection  Services
Licensees under chapters 489, 481, 471, Part
XII of Chapter 468,  or Part II of Chapter 475;
inspectors reporting solely for the benefit of  the
FHA or Veterans Admin.; an inspector for
wood-destroying organisms;  fire safety
inspectors; insurance adjusters licensed under
Part VI of  Chapter 626; a court-appointed
officer; a master septic tank contractor  licensed
under Part III of Chapter 489; an energy auditor
or mobile home  manufacturer, dealer or
installer licensed under Chapter 320
Licensees  under chapters 489, 481, 471, Part
XII of Chapter 468, or Part II of Chapter  475;
inspectors reporting solely for the benefit of
the FHA or Veterans  Admin.; an inspector for
wood-destroying organisms; fire  safety
inspectors; insurance adjusters licensed
under Part VI of Chapter  626; a courtappointed
officer; a master septic tank
contractor licensed  under Part III of Chapter
489; an energy auditor or mobile  home
manufacturer, dealer or installer licensed
under Chapter 320
Page  5 of 22
Concerns
• None
Consensus
• N/A
Prohibited Acts
HB 315  (2005) HB 153 (2006)
Home Inspection Services
Cannot offer, for an  additional fee, to make
repairs for which a report has been  prepared;
cannot inspect for a fee, property in which
inspection company  has a financial interest;
cannot offer an inducement for referrals;
cannot  prepare a report based on preestablished
findings
Cannot offer, for an  additional fee, to make
repairs for which a report has been  prepared;
cannot inspect for a fee, property in which
inspection company  has a financial interest;
cannot offer an inducement for referrals;
cannot  prepare a report based on preestablished
findings
Violators commit a  misdemeanor of the second
degree for a first violation; a misdemeanor  of
the first degree for a second violation; a felony
of the third degree  for a third or subsequent
violation; all punishable as provided by  s.
775.082 or 775.083 or 775.084
Violators commit a misdemeanor of  the
second degree for a first violation; a
misdemeanor of the first degree  for a second
violation; a felony of the third degree for a
third or  subsequent violation; all punishable
as provided by s. 775.082 or 775.083  or
775.084
Concerns
• Additional prohibitive acts
o A person who  does not meet the requirements for practice should be 
prohibited  from
advertising for home inspection services.
o Suggestions related to  the tensions that exist between home inspectors 
and real
estate agents, and  home inspectors and new home builders.
Consensus
• Yes on HB 315  Language.
Insurance
HB 315 (2005) HB 153 (2006)
Home Inspection  Services
Must maintain a commercial general liability
insurance policy  valued at no less than
$300,000
Must maintain a commercial general  liability
insurance policy valued at no less  than
$300,000
Concerns
• Linking the value of home to the insurance  required.
• Suggestion to use professional liability insurance rather than  
commercial general liability
insurance. Errors and omissions insurance were  also discussed.
Consensus
• None
Veto Message
• This area was  addressed in the Governor’s veto message of HB 315. 
Proponents of
potential  legislation may need to document the insurance industry’s 
available  products
and if they are not available, explore the industry’s willingness to  
provide them.
Page 6 of 22
Repair Cost Estimates
HB 315 (2005) HB 153  (2006)
Home Inspection Services
Home inspectors are not required to  provide
estimates related to the cost of repair of an
inspected  property.
Home inspectors are not required to provide
estimates related to  the cost of repair of an
inspected property.
Concerns
• If home  inspectors do provide estimates, then they need to be able to 
justify  that
estimate.
• Other stakeholders indicated that “ballpark” estimates  are often given 
as part of an
inspection, but are not included in the report  given to the homeowner.
Consensus
• Generally, workshop participants did  not favor a requirement to provide 
repair cost
estimates.
Statute of  Limitation
HB 315 (2005) HB 153 (2006)
Home Inspection Services
Chapter  95 governs the time at which an action
to enforce an obligation, duty, or  right arising
under this section must be commenced.
Chapter 95 governs the  time at which an
action to enforce an obligation, duty, or right
arising  under this section must be
commenced.
Concerns
• Is the language  necessary?
Consensus
• Some liked having the language for  clarity.
Enforcement
HB 315 (2005) HB 153 (2006)
Home Inspection  Services
Violations constitute deceptive and unfair  trade
practices
Violations constitute deceptive and unfair
trade  practices
Note: this topic was not discussed at the  workshops.
Grandfathering
HB 315 (2005) HB 153 (2006)
Home Inspection  Services
Until January 2007: individuals having
successfully completed  high school or its
equivalent or having 5 years in home
inspection  business, been engaged in home
inspecting for compensation for at least 3  years
prior to January 1, 2006, and having performed
not fewer than 250  home inspections for
compensation
Not included
Concerns
• The  criteria identified.
Consensus
• None
Page 7 of 22
Veto Message
•  This area was addressed in the Governor’s veto message of HB 315. In 
order to  address
the Governor’s concerns, proponents of potential legislation might  consider
grandfathering rules being sensitive to the issue of putting  established, 
responsible
people out of business.
Two-Tiers of Home  Inspectors
Creating two tiers of home inspectors is another idea which  received 
significant discussion as a
way to address some of the concerns with  the requirements for practice set 
forth in HB 315.
During the workshop,  proponents for having two-tiers argued that it 
provides more  public
protection than having a single, minimal-level tier. Others,  however,
 
 
In a message dated 1/5/2010 9:15:38 A.M. Eastern Standard Time,  
bretwalley at yahoo.com writes:

Has the state figured out what they are doing in regards to the  Home 
Inspection licensing requirements yet?
 
I have done home inspections in the past as a licensed Building  Contractor 
and I am also a Licensed A/C Contractor as well.
 
I think licensing is a good idea, I just want to know if I will  still be 
allowed to do them with my current licenses?
 
Thanks,
 
Bret Walley
CBC059520
CAC1816055



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