MyFloridaCode.com

On July 1, 2010, The Department of  Business and Professional Regulation 
began its licensing and regulation of home  inspectors and mold related 
services.  Applications with instructions and  requirements are available on our 
website at: _http://www.myfloridalicense.com/dbpr/pro/homein/index.html_ 
(http://www.myfloridalicense.com/dbpr/pro/homein/index.html)   for home 
inspectors and _http://www.myfloridalicense.com/dbpr/pro/mold/index.html_ 
(http://www.myfloridalicense.com/dbpr/pro/mold/index.html)   for mold related 
services.  Please visit the websites to access answers to  questions you might have 
concerning the application process, licensing and  general information about 
the professions. 
 
One of the concerns that I have  received is confusion with the initial 
application process for home inspector  grandfathering.  The two methods of 
licensure by grand fathering  are: 
    1.  If the applicant  is certified as a home inspector by a state or 
national association that  requires successful completion of a proctored 
examination on home inspection  services and completion of at least 14 hours of 
verifiable education on such  services; 

or  
    1.  At the time of  application, the applicant has at least 3 years of 
experience as a home  inspector and completion of at least 14 hours of 
verifiable education on home  inspection services. To establish the 3 years of 
experience, an applicant must  submit at least 120 home inspection reports 
prepared by the applicant. The  department may investigate the validity of a 
home inspection  report. 
Only option #2  requires 120 inspection reports.   
If you are applying for licensure  using option #2 and submitting the 
required 120 home inspection reports, the  reports have to be submitted by hard 
copy on paper.  The department  cannot accept an electronic version at  this 
time.   In addition, if any confidentiality issues  exist, the applicant can 
redact information on the reports they do not want to  make public record. 
Please contact the department at 850.487.1395 if you have  problems or 
questions when filling out your  application. 









CHAPTER 61-30 HOME INSPECTORS
61-30.1  LICENSURE
61-30.101 License Requirements
61-30.102 Examination
61-30.2  FEES
61-30.201 Fees
61-30.3 CHANGE OF STATUS
61-30.301 Delinquent  License
61-30.302 Inactive, Active Status
61-30.4 BIENNIAL  RENEWAL
61-30.401 License Renewal
61-30.5 CONTINUING  EDUCATION
61-30.501 Education Required for Initial Licensure
61-30.502  Department Approval of Education Providers
61-30.503 Obligations of Education  Providers
61-30.504 Approval of Courses
61-30.505 Continuing Education  Requirements for Reactivation of an
Inactive License.
61-30.506 Continuing  Education Requirements for Biennial Renewal.
61-30.6 Standards of Practice  (Underdevelopment)
61-30.601 Purpose and Scope
61-30.7  DISCIPLINE
61-30.701 Disciplinary Guidelines
61-30.702 Notice of  Noncompliance
61-30.703 Citations
61-30.704 Mediation
1
61-30 HOME  INSPECTORS
61-30.1 LICENSURE
61-30.101 License Requirements
61-30.102  Examinations
61-30.101 License requirements
(1)The department shall  certify as meeting the requirements for licensure
as a home inspector as  defined in Section 468.8314, Florida Statutes, an
applicant who applies to  the department in writing using form number DBPR
HI-0401, initiated  00/00/2010, incorporated herein by reference. The form
may be obtained by  contacting the department at the following address:
Home Inspector Licensing  Unit, 1940 N. Monroe Street, Tallahassee, Florida
32399-0783 or on line at  the department’s web site at
_http://www.myfloridalicense.com/dbpr/servop/testing/providers.html_ 
(http://www.myfloridalicense.com/dbpr/servop/testing/providers.html) .
(2) In addition to submitting the form, the applicant must pay  the
appropriate fees and meet the following criteria:
(a) Be of good moral  character; “good moral character” means a personal
history of honesty,  fairness, and respect for the rights of others and for 
the
laws of this state  and nation as defined by Section 468.8313(5)(a), F.S.
(b) Provide proof of  completion of a course of study approved by the
department of not less than  120 hours that covers at a minimum the 
following
components of a home and  field–based inspections under the supervision of
a licensed Florida home  inspector:
1. Structure
2. Exterior components
3. Roof covering
4.  Site conditions that affect the structure
5. Electrical System
6. Interior  components
7. HAVC system
8. Plumbing system
9. 20 hours of field-based  practical demonstrations of the inspection of 
the
components of a home  completed by, and under the direct supervision of a
licensed Florida home  inspector.
(c) Submit a log of all inspections completed for purposes of  providing
proof of their field-based training, with verification of  completion of the
required training hours. The log must contain the following  information:
1. The date of the inspections;
2. The address of the  properties inspected;
3. The names of the clients;
4. The amount of time  spent on the inspections; and
5. The name, license number and signature of  the licensed home
2
inspector providing the training.
Completed home  inspections must be maintained by the licensed home
inspector and are subject  to review by the department.
(d). Pass the examination required by this state  as described in 61-
30.102.
Rulemaking Authority 455.213(6), 468.8313(6),  FS. Law Implemented 455.213, 
468.8313,468.8314,
FS. History–New  (date).
3
61-30.102 Examination
Any applicant desiring to be licensed  as a home inspector in this state as
provided in Chapter 468 Part XV, Florida  Statutes, will be required to 
pass the
National Home Inspector Examination  (NHIE) given by the Examination
Board of Professional Home Inspectors  (EBPHI). Applicants must achieve a
passing grade pursuant to the requirements  of the NHIE, Section 455.217
and 468.8313(4), Florida Statutes.
Rulemaking  Authority 455.217(1)(d), 468.8313(4),(6), FS. Law Implemented 
455.217, 468.8313,  FS.
History–New (date).
4
61-30.2 FEES
61-30.201 Fees
61-30.201  Fees
(1) The following fee schedule is adopted by the department:
(a)  Initial application fee $125.00
(b) Initial home inspector license fee  $200.00
(c) Biennial license renewal fee for individual home inspectors  $200.00
(d) Licensure by endorsement fee $200.00
(e) Change of status fee  (active to inactive, inactive to active, 
reactivation) $200.00
(f) Initial  education provider license fee $500.00
(g) Delinquent fee $100.00
(h)  Unlicensed activity fee $5.00
(i) Course provider renewal fee $500.00
(2)  The fees shall be made payable to the Department of Business and
Professional  Regulation. Any fees due to the testing vendor for computer 
based
testing  shall be made payable directly to the vendor.
(3) All application fees are  non-refundable.
(4) Licensure fees are refundable, upon request, if the  application for
licensure is denied.
Rulemaking Authority 455.219(1),(2),  468.8312(1), FS. Law Implemented 
455.219, 468.8312, FS. History–
New  (date).
5
61-30.3 CHANGE OF STATUS
61-30.301 Delinquent  License
61-30.302 Inactive, Active Status
61-30.301 Delinquent  License
(1) Any license which is not renewed prior to the end of each  biennial
renewal period shall automatically be change to a delinquent  status.
(2) A licensee may convert a delinquent status license to active  status by
remitting a delinquent fee and the applicable biennial license  renewal 
fee(s) to
the department, and comply with the continuing education  requirements of
Section 455.271(10), F.S.
(3) If a licensee applies during  the renewal period to convert a delinquent
status license to active or  inactive status, the department shall impose a
delinquent fee, a change of  status fee, a renewal fee that will be applied 
to the
delinquent biennial  period, and a biennial license renewal fee.
(4) If a licensee applies to the  department to convert a delinquent status
license to active or inactive  status at a time other than the renewal 
period, the
department shall impose a  deliquent fee, a change of status fee, renewal 
fee that
will be applied to  the delinquent biennial period.
(5) The failure of a delinquent status  licensee to change the status of the
license to active or inactive before the  expiration of the current 
licensure period
shall render the license null and  void without any further action by the
department. Thereafter, any subsequent  licensure shall be as a result of 
applying
for and meeting all requirements  imposed on an applicant for new licensure.
Rulemaking Authority  455.271(6),(7), 468.832(1),468.8317(3), FS. Law  
Implemented
455.271468.312,468.8317, FS. History–New  (date).
6
61-30.302 Inactive, Active status
(1) If a licensee applies  to the department at a time other than during the
renewal period to activate  his or her license from an inactive status to 
an active
status, the  department shall impose a change of status fee, and a biennial
license  renewal fee.
(2) A licensee may make a written request during the renewal  period to 
place
his or her license in an inactive status and remit the  biennial inactive 
license
renewal fee. The department shall then change the  status of the license to
inactive status.
(3) An inactive license may be  maintained during each subsequent biennium
period upon the payment of a  biennial inactive license renewal fee. 
However, the
department shall require  a licensee who has been on an inactive status to 
meet
the continuing  education requirements of Sections 468.8316, F.S. upon
reactivation.
(4)  If a licensee applies to the department during the renewal period to
convert  his or her license from an inactive status to an active status,  
the
department shall impose a reactivation fee in addition to the biennial  
license
renewal fee.
(5) An individual home inspector shall not work with  an inactive, 
delinquent,
or null and void license.
Rulemaking Authority  455.271(2),(3),(8), 468.8312(1), 468.8317(2), FS. Law 
Implemented  455.271,
468.8312, 468.8317, FS. History–New (date).
7
61-30.4 BIENNIAL  RENEWAL
61-30.401 License Renewal
61-30.401 License Renewal.
(1) A  license shall be renewed biennially on or before July 30 of even
numbered  years.
(2) Exemption of Spouses of Members of Armed Forces from  Licensure
Renewal Provisions – A licensee who is the spouse of a member of  the Armed
Forces of the United States and was caused to be absent from the  State of
Florida because of the spouse’s duties with the armed forces shall  be 
exempt
from all licensure renewal provisions during such absence. The  licensee 
must
show proof to the department of the absence and the spouse’s  military 
status.
(3) Failure to renew a license, unless exempt as a military  spouse, renders
the license delinquent. Delinquent status may last one full  renewal cycle. 
If, at the
end of the delinquent biennium, the license is not  brought current it 
becomes null
and void. A deliquent license can be returned  to active status by 
completeing the
continuing education and paying the  appropriate change of status fees.
(4) A licensee will renew a license by  paying a biennial five dollar 
unlicensed
activity fee, a biennial renewal fee  of $200.00 as described in 61-30.201, 
and
completing 14 hours of continuing  education as described in s.468.8316, 
F.S.
The continuing education training  will include a combination of at least 
one hour
of training in each of the  eight components of a home. All continuing 
education
training credits must be  earned as described in 61-30.506 F.A.C.
(5) A revoked or null and void  license may not be renewed. Anyone with a
revoked or null and void license  who wishes to provide professional home
inspection services shall apply as  though never before licensed or apply 
for
hardship reinstatement pursuant to  s.455.271(6)(b), F.S.
Rulemaking Authority 455.02(2),455.271(6)(b),  468.8312(1), 468.8315(2), 
468.8316(1), FS. Law
Implemented 455.02, 455.271,  468.8312, 468.8315, 469.8316, FS. History–New 
(date).
8
61-30.5 CONTINUING  EDUCATION
61-30.501 Education Required for Initial Licensure
61-30.502  Department Approval of Education Providers
61-30.503 Obligations of Education  Providers
61-30.504 Approval of Courses
61-30.505 Continuing Education  Requirements for Reactivation of an Inactive
License.
61-30.506 Continuing  Education Requirements for Biennial Renewal.
61-30.501 Education Required for  Initial Licensure
(1) Each prelicensure and education provider and course  must be approved
by the department. Provider approval is valid until May 31  of odd numbered
years and must be renewed prior to expiration. Applications  for course 
provider
must be submitted using the Home Inspector Provider  Application, form 
number
DBPR HI-0402, initiated 00/00/2010, incorporated  herein by reference.
Applications for courses must be submitted using the  Home Inspector Course
Application, form number DBPR HI-104, initiated  00/00/2010, incorporated 
herein
by reference. The forms may be obtained by  contacting the department at the
following address: Home Inspector Licensing  Unit, 1940 N. Monroe Street,
Tallahassee, Florida 32399-0738 or on line at  the department’s web site at
_http://www.myfloridalicense.com/dbpr/servop/testing/providers.html_ 
(http://www.myfloridalicense.com/dbpr/servop/testing/providers.html) . Any
substantial change in the course content will require the  provider to 
reapply to the
department for approval.
(2)  Definitions:
(a) Training Day: The equivalent of 8 hours including breaks and  lunch.
Breaks and lunches are not to exceed 1.5 hours of each training  day.
(b) Prelicensure Course: An initial course of study approved by  the
department which provides the educational experience required to certify  an
individual for licensure as a home inspector pursuant to Rule 61G30-1.002  
and
s.468.8313, F.S. Each course of study must be offered as a single course  
by a
single course provider.
(c) Education Course: A course related to the  practice of home inspection.
Sales presentations of home inspection products  shall not qualify as 
continuing
education courses.
(d) Provider: An entity  and any of its agents approved by the department to
engage in providing  prelicensure and continuing education courses as 
required
by this  chapter.
(e) Education Course Instructor: Any person approved: by the  department to
conduct training for a department approved course. The  instructor’s 
curriculum
vitae must demonstrate particular education,  knowledge, experience or skill
which sets the applicant apart from those he  or she will instruct. A 
licensed
home inspector may teach any approved  course
(f) Directly Supervise: To direct and exercise control over the  activities 
of a
person by being physically present at the job site.
(3)  Applications for provider and course approval shall include, but not  
be
9
limited to, the following information:
(a) The course provider’s  name, address, telephone number, and federal tax
identification  number.
(b) The course curriculum, including instructors, subject matter, and  time
allocations.
(4) Upon a change of instructors, the provider shall  submit the 
credentials of
the new instructor to the department for  approval.
(5) Records.
(a) Education providers shall be responsible for  maintaining records of all
persons taking approved courses for a minimum of 4  years from the date of 
the
course. Copies of such records shall be released  upon written request by 
the
applicant and shall be made available to the  department at any time upon
request of the department.
(b) Any changes in  the course provider name, address, telephone number,
course curriculum and/or  instructors must be submitted in writing to the
department within 30 days of  such change.
(c) The course provider shall not offer any courses if the  provider status 
is
expired or under discipline.
(d) If the provider status  is revoked by the department, the provider 
cannot
reapply to be registered as  a provider for five years from the date of the 
Final
Order revoking the  registration.
Rulemaking Authority 455.2178(5), 455.2179(3), 468.8316, FS.  Law 
Implemented 455.2178, 455.2179,
468.8316, FS. History– New  (date).
10
61-30.502 Department Approval of Education Providers.
(1)  Applicants for education provider status must meet the requirements  of
subsections (2) and (3) of this rule to demonstrate the education and/or  
the
experience necessary to instruct professional home inspectors in the  
conduct of
their practice, and they must renew and be approved under this  rule by May 
31
of every odd-numbered year. Applications for education  provider and 
training
course approval must be submitted using the form Home  Inspector Licensure
Application, form number DBPR HI-0402, initiated  00/00/2010, incorporated
herein by reference. The form may be obtained by  contacting the department 
at
the following address: Home Inspector Licensing  Unit, 1940 N. Monroe 
Street,
Tallahassee, Florida 32399-0783 or at the  department’s web site at
_http://www.myfloridalicense.com/dbpr/servop/testing/providers.html_ 
(http://www.myfloridalicense.com/dbpr/servop/testing/providers.html) . Any
substantial change in the course content will require the  provider to 
reapply to the
department for approval.
(2) To demonstrate the  education and/or the experience necessary to 
instruct
professional home  inspectors in the conduct of their practice for 
licensure and
continuing  education credit, an applicant for training and continuing 
education
provider  status must be a regionally accredited educational institution, a
commercial  educator, a governmental agency, a state or national 
professional
association  whose primary purpose is to promote the profession of home
inspectors, or a  home inspector with a Florida license to practice home
inspections. No home  inspector or provider who is under disciplinary 
restrictions
pursuant to any  order of the department may conduct continuing education
courses. In  addition, the applicant must demonstrate particular education,
experience or  skills which sets the applicant apart from the home 
inspectors
whom the  applicant proposes to instruct.
(3) To allow the department to evaluate an  initial application for course
provider status, the applicant must submit the  following:
(a) The name, address and telephone number of the prospective  provider;
(b) A description of the type of courses or seminars the provider  expects 
to
conduct for credit;
(c) The particular qualifications of the  prospective provider to conduct 
the
proposed courses or seminars, which  qualifications set the applicant apart 
from
the home inspectors whom the  applicant proposes to instruct.
(4) No provider may conduct a course or  seminar for credit until approved 
by
the department.
(5) No provider may  allow a home inspector to conduct any course or seminar
offered by the  provider if that home inspector has been disciplined and 
has not
been  released from the terms of the final order in the disciplinary case.  
Upon
receipt of notice that an instructor is under discipline, the provider  
shall, within
seven (7) days, write to the home inspector licensing unit  office and 
confirm that
the home inspector is no longer conducting any course  or seminar offered 
by the
provider.
(6) The department retains the right  and authority to audit and/or monitor
programs and review records and course  materials given by any provider
approved pursuant to this rule. The  department shall rescind the provider 
status
11
or reject individual  programs given by a provider if the provider 
disseminates any
false or  misleading information in connection with the educational 
programs, or if
the  provider fails to conform to and abide by the rules of the  department.
Rulemaking Authority 455.2177(1), 455.2178, 468.8316(1), FS. Law  
Implemented 455.2177, 455.2178,
468.8316, FS. History– New  (date).
12
61-30.503 Obligations of Education Providers.
To maintain  status as an Education provider, the provider must:
(1) Require each licensee  to complete the entire course or seminar in 
order to
receive credit for the  course.
(2) Furnish each participant with an individual certificate of  attendance 
that
contains the licensee’s name, the licensee’s license number,  provider 
name,
provider number, course name, course number, and date of  course completion.
(3) Provide their Florida Department of Business and  Professional 
Regulation
(DBPR) provider number on all course  advertisements.
(4) Maintain an attendance record for four (4) years,  available for 
inspection
by the department or the department’s  designee.
(5) Electronically report course attendance records in compliance  with s.
455.2178, F.S. The provider is required to resolve reporting  conflicts 
with the
licensee by the expiration date of the training  course.
(6) Allow only one education credit for each hour of classroom, audio  or
video instruction, an “hour of classroom, audio or video instruction”  
being no less
or no more than fifty (50) minutes of instruction.
(7) Allow  only one (1) education credit for each “hour of correspondence
study.” The  “hour of correspondence study” must be based on the average
completion time  of each course as established by the provider. For
correspondence study,  provide to each participating licensee a written 
exam. In
order to complete  the course, the licensee must receive a minimum grade of
seventy percent  (70%). If a licensee fails the exam, they will be 
permitted to take
the exam  again until a passing grade is achieved.
(8) Notify the department within  thirty (30) days of any change in the 
address
or telephone number of the  provider.
(9) Allow the department’s designee to have access to information  
concerning
courses or seminars conducted by the provider for continuing  education 
credit.
(10) Any changes in the course provider name, address,  telephone number,
must submitted in writing to the department, within 30 days  of such change
(11) The department shall be notified 30 days prior to  implementation of 
any
substantive changes made to approved courses during  this period, which 
shall
include instructor changes. Course approval shall be  rescinded by the
department if such notification is not made or the changes  fail to 
otherwise
conform to this rule.
Rulemaking Authority 455.2178,  455.2179(4), 468.8316(2), FS. Law 
Implemented 455.2178, 455.2179,
468.8316,  FS. History– New (date).
13
61-30.504 Approval of Courses
(1) Training  and continuing education courses shall be valid for purposes 
of
the licensure  and continuing education requirement only if such courses 
have
received  approval from the department. The department shall approve 
education
courses  for the purpose of this rule when the following requirements are 
met:
(a)  Written application for course approval shall be received by the
department  prior to the date the course is offered, on DBPR application 
form
DBPR  HI-0403, incorporated herein by reference. The form may be obtained  
by
contacting the department at the following address: Home Inspector  
Licensing
Unit, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at  the
department’s web site at
_http://www.myfloridalicense.com/dbpr/servop/testing/providers.html_ 
(http://www.myfloridalicense.com/dbpr/servop/testing/providers.html) .
(b) The course provider shall submit to the department the following  prior 
to
the date the course is offered: an application, a course outline  which 
describes
the course’s content and subject matter, and a written  statement that 
explains in
detail how the course relates to the practice of  home inspection.
(c) Education courses must address home inspection  subjects.
(2) The department shall be notified of any substantive changes  made to
approved courses during this period, which shall include instructor  
changes.
Course approval shall be rescinded by the department if such  notification 
is not
made or the changes fail to otherwise conform to this  rule.
(3) Course approvals shall be automatically rescinded if the provider  
status
expires or is rescinded by disciplinary action or  otherwise.
Rulemaking Authority 455.217(1), 468.8316(1), FS. Law Implemented  
455.2178, 455.2179, 468.8316, FS.
History– New (date).
14
61-30.505  Continuing Education Requirements for Reactivation of an
Inactive  License.
A license which has been inactive for more than one year may be  reactivated
upon application (change of status application) to the department  and
demonstration by the licensee of having completed fourteen (14)  continuing
education credits in home inspection training courses which must  be 
completed
within one year prior to the date of application for  reactivation. At 
least six (6)
hours of this training will consist of a  combination of laws, rules and 
ethics for
home inspectors.
Rulemaking  Authority 455.271(6)(b), 468.8317(2), FS. Law Implemented 
455.271, 468.8317, FS.  History–
New (date).
15
61-30.506 Continuing Education Requirements for  Biennial Renewal.
Every person licensed pursuant to Chapter 468.Part XV,  Florida Statutes, 
must
obtain at least fourteen (14) continuing education  credits per biennium.
(1) Continuing education credits may be obtained  for:
(a) The completion of courses in home inspection, building  trades,
architecture, landscape architecture or other related subjects at  
universities and
colleges which are regionally accredited by an accrediting  agency that is
recognized by the United States Department of Education. An  official 
transcript
from the registrar of the academic institution shall be  submitted to the 
department
office as documentation of course completion at  least 45 days prior to the 
end of
the biennium;
(b) The completion of  courses or seminars offered by continuing education
providers approved by the  department for the provision of continuing 
education
credit hours. A list of  such providers is available from the department 
upon
request.
1. A  licensee may obtain continuing education credits in the amount of the
credits  allowed for that course or seminar for his/her first presentation 
of  such
course or seminar presentation of such course or seminar;
2. No  licensee may claim credit until after the credit has been earned by  
that
licensee.
(2) Licensees need not comply with continuing education  requirements prior
to the licensee’s first licensure renewal.
Rulemaking  Authority, 455.2124(2), 468.8315(2), 468.8316(1), FS. Law 
Implemented  455.2124(2),468.8315
468.8316, FS. History–New (date).
16
61-30.6  Standards of Practice (Underdevelopment)
61-30.601 Purpose and  Scope
61-30.601 Purpose and Scope:
(1) The purpose of these Standards of  Practice is to establish a minimum 
and
uniform standard for private, fee-paid  home inspectors. Home Inspections
performed to these Standards of Practice  are intended to provide the 
client with
information regarding the condition  of the systems and components of the 
home
as inspected at the time of the  Home Inspection.
17
61-30.7 Discipline
61-30.701 Disciplinary  Guidelines
61-30.702 Notice of Noncompliance
61-30.703  Citations
61-30.704 Mediation
61-30.701 Disciplinary Guidelines
(1)  Whenever the department finds a licensee guilty of violating a 
provision  of
Chapter 468, Part XV, the following Penalty Guidelines shall be  followed:
Statutory
Violation
Description of Violation
(This  description is a
general summary. It is not
designed to be used  in
charging documents.
Reference should be made
to the statute  identified for a
complete statement of the
substance of the  violation).
Penalty Range for First
Violation.
Penalty Range for  Subsequent
Violation.
468.832 (1)(f) Advertising goods or services
in a  manner that is fraudulent,
false, deceptive, or misleading
in form or  content.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension .
Fine up to $5000 + Costs; Plus
Probation,  Suspension, Revocation .
468.832 (1)(h) Failing to perform any  statutory
or legal obligation placed upon
a licened home inspector  ;
violating any provision of this
chapter; violating an order of
the  department previously
entered
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension.
Fine up to $5000 + Costs; Plus
Probation,  Suspension, Revocation.
468.832 (1)(a) Violation of any provision  of
Chapter 468, Part XV (Use
only if no statutory specific
provision in  this rule.)
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension.
Fine up to $5000 + Costs; Plus
Probation,  Suspension, Revocation.
468.832 (1)(b) Attempting to procure a
license by  bribery or fraudulent
misrepresentations.
Fine up to $1000 +  Costs;
Plus Reprimand, Probation,
Suspension, Revocation,
Denial of  License.
Fine up to $5000 + Costs; Plus
Probation, Suspension,  Revocation,
Denial of License.
468.832 (1)(c ) Having a home  inspector’s
license revoked, suspended,
denied or acted against  in
another state, territory or
country.
Fine up to $1000 +  Costs;
Plus Reprimand, Probation,
Suspension, Revocation.
Fine up to  $5000 + Costs; Plus
Reprimand, Probation,  Suspension,
Revocation.
468.832 (1)(d) Being convicted, found  guilty,
pleading nolo to a crime, in
any jurisdiction, that  directly
relates to the practice or ability
to practice.
Fine up to  $1000 + Costs;
Plus Reprimand, Suspension,
Revocation.
Fine up to $5000  + Costs; Plus
Revocation.
18
468.832 (1)(e) Making or filing a known  false
report, willfully failing to file a
required record or  report,
willfully impeding or
obstructing such filing.
Fine up to $1000  + Costs;
Plus Reprimand, Probation
Suspension, Revocation.
Fine up to  $5000 + Costs; Plus
Revocation.
468.832 (1)(f) False, fraudulent,  deceptive or
misleading advertising.
Fine up to $1000 + Costs;
Plus  Reprimand, Probation,
Suspension .
Fine up to $5000 + Costs;  Plus
Reprimand, Probation, Suspension,
Revocation,.
468.832 (1)(g)  Engaging in fraud, deceit,
negligence, incompetence or
misconduct in the  practice of
home inspection services.
Fine up to $5000 + Costs;
Plus  Reprimand, Probation,
Suspension, Revocation.
Fine up to $5000 + Costs;  Plus
Reprimand, Probation, Suspension,
Revocation.
468.832 (1)(i)  Practicing on a revoked,
suspended, inactive or
delinquent  license.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension, Revocation.
Fine up to $5000 + Costs;  Plus
Probation, Suspension, Revocation.
(2) Whenever the department finds  a licensee guilty of violating a 
provision of
Chapter 455, F.S., the  following Penalty Guidelines shall be followed:
(a) Violation  of:
455.227(1)(a)
False, fraudulent, deceptive or
misleading  representations in or
related to the practice of the
licensee’s  profession.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension.
Fine up to $5000 + Costs; Plus
Reprimand,  Probation,
Suspension, Revocation.
(b) Violation  of:
455.227(1)(b)
Intentional violation of any board or
department  rule.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension.
Fine up to $5000 + Costs; Plus
Suspension,  Revocation.
(c) Violation of:
455.227(1)(c)
Being convicted, found  guilty,
pleading nolo to a crime, in any
jurisdiction, that relates to  the
practice or ability to practice the
licensee’s profession.
Fine up  to $1000 + Costs;
Plus Reprimand,
Suspension, Revocation.
Fine up to  $5000 + Costs; Plus
Revocation.
(d) Violation  of:
455.227(1)(f)
Having a home inspector’s license
revoked, suspended,  denied or
acted against in another state,
territory or country.
Fine up  to $1000 + Costs;
Plus Reprimand, Probation,
Suspension,  Revocation.
Fine up to $5000 + Costs; Plus
Reprimand,  Probation,
Suspension, Revocation.
(e) Violation  of:
455.227(1)(g)
Having been found civilly liable for
knowingly filing  a false report or
complaint with DBPR against
another licensee.
Fine up  to $1000 + Costs;
Plus Reprimand, Probation.
Fine up to $5000 + Costs;  Plus
Suspension, Revocation.
(f) Violation  of:
455.227(1)(h)
Attempting or succeeding to
procure or renew a  license by
bribery or fraudulent
misrepresentation or through an
error  of the board or Department.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation,
Suspension, Revocation.
Fine up to $5000 + Costs;  Plus
Probation, Suspension,
Revocation.
(g) Violation  of:
455.227(1)(i)
Knowingly conceal information
regarding violation of  Chapter 468,
Part XV, or rules of the department
or board.
Fine up to  $1000 + Costs;
Plus Reprimand.
Fine up to $5000 + Costs;  Plus
Probation, Suspension,
Revocation.
19
(h) Violation  of:
455.227(1)(j)
Aid, assist, procure, employ or
advise unlicensed  person or entity
to practice profession contrary to
Chapter 468,Part XV,  or 455, or
rules of the department.
Fine up to $1000 + Costs;
Plus  Reprimand, Probation,
Suspension, Revocation .
Fine up to $5000 + Costs;  Plus
Suspension, Revocation.
(i) Violation of:
455.227(1)(k)
Failing  to perform any statutory or
legal obligation of licensee
Fine up to $5000  + Costs;
Plus Reprimand, Probation,
Suspension, Revocation.
Fine up to  $5000 + Costs; Plus
Suspension, Revocation.
(j) Violation  of:
455.227(1)(l)
Making or filing a known false
report, willfully  failing to file a
required record or report, willfully
impeding or  obstructing such filing.
Includes only those records or
reports signed in  capacity as a
professional home inspector.
Fine up to $1000 +  Costs;
Plus Reprimand, Probation,
Suspension, Revocation,
Denial of  license.
Fine up to $5000 + Costs; Plus
Revocation, Denial of  License.
(k) Violation of:
455.227(1)(m)
Making deceptive, untrue  or
fraudulent representations in or
related to practice of the  licensee’s
profession.
Fine up to $1000 + Costs;
Plus  Reprimand,
Suspension, Revocation.
Fine up to $5000 + Costs;  Plus
Revocation, Denial of License.
(l) Violation  of:
455.227(1)(n)
Exercise influence on client for
improper financial  gain of licensee
or third party.
Fine up to $1000 + Costs;
Plus  Reprimand, Probation,
Suspension, Revocation.
Fine up to $5000 + Costs;  Plus
Reprimand, Probation,
Suspension, Revocation.
(m) Violation  of:
455.227(1)(o)
Practicing beyond the scope of
license.
Fine up to  $1000 + Costs;
Plus Reprimand, Probation.
Fine up to $5000 + Costs;  Plus
Suspension,.
(n) Violation of:
455.227(1)(p)
Accepting and  performing or
delegating responsibilities licensee
knows or should know he  or the
delegee is not competent to
perform.
Fine up to $1000 +  Costs;
Plus Reprimand, Probation.
Fine up to $5000 + Costs;  Plus
Suspension, Revocation.
(o) Violation  of:
455.227(1)(q)
Violating any provision of Chapter
468, Part XV, or  455, rules of the
department or board, or any lawful
order of the  department.
Fine up to $1000 + Costs;
Plus Reprimand, Probation.
Fine  up to $2500 + Costs; Plus
Probation, Suspension .
(p) Violation  of:
455.227(1)(r)
Interfering with an investigation,
inspection or  disciplinary
proceeding.
Fine up to $1000 + Costs;
Plus Reprimand,  Probation
Suspension, Denial of
licensure.
Fine up to $1000 + Costs;  Plus
Suspension, Revocation, Denial
of licensure.
20
(3)  Disciplinary Orders
(a) Provisions which are included in all disciplinary  orders:
1. The Order shall be effective upon filing by the Clerk of the  Department 
of
Business and Professional Regulation.
2. Failure to comply  with the provisions of the Order shall result in 
further
disciplinary action  by the department.
(b) Conditions imposed whenever fine and costs are  imposed: Fine and costs
shall be paid online using a credit or debit card, by  cashier’s check or 
money
order payable to the Department of Business and  Professional Regulation, 
Home
Inspector Licensing Unit, 1940 North Monroe  Street, Tallahassee, Florida 
32399,
and received by the department within 30  days of the effective date of the 
Order,
or within a set period of time after  probation or suspension as reflected 
in the
Order.
(4) Conditions, all or  any of which may be imposed with Probation are:
(a) Licensee is placed on  probation for a period of time as determined by 
the
department.
(b)  Failure to comply with any provision of this Order shall result in the 
filing  of
a new complaint and if the licensee is found to be in violation, the  
license will be
suspended until the licensee is are compliant.
(c) The  licensee shall demonstrate compliance with all the conditions of  
the
Probationary Order, prior to the lifting of probation.
(5) Purpose of  guidelines – The range of penalties set forth above is the
range from which  disciplinary penalties will be imposed upon licensees 
guilty of
violation of  the laws and rules. The purpose of these guidelines is to 
give notice
of the  range of penalties which will normally be imposed for specific  
violations.
The guidelines are based upon a single count violation of the  provision 
listed.
Multiple counts of violations of the same provision, or  unrelated 
provisions of the
law or rules will be grounds for enhancement of  penalties or imposition of
additional penalties.
(6)  Aggravating/Mitigating Circumstances – The existence of aggravating  or
mitigating circumstances, as set forth below, will permit deviation from  
the
guidelines upon clear and convincing evidence. When considering  a
Recommended Order, the fact that a Hearing Officer may or may not have  been
aware of aggravating or mitigating circumstances prior to recommending  a
penalty, shall not obviate the duty of the department to consider them  when
brought to its attention prior to the issuance of a Final Order.
(a)  Aggravating circumstances; circumstances which may justify deviating
from the  disciplinary guidelines and penalty enhancement include, but are 
not
limited  to:
1. History of previous violation of the practice act and the rules  
promulgated
thereunder.
2. In the case of negligence, the magnitude and  scope of the project and 
the
damage inflicted upon the public.
3. Evidence  of violation of professional practice acts in other 
jurisdictions
which  resulted in discipline by the regulatory authority.
4. A pattern of behavior  evidencing repeated disregard of the practice act 
or
21
rules.
(b)  Mitigating circumstances; circumstances which may justify deviating 
from
the  disciplinary guidelines and result in a lessening of the penalty shall 
 include,
but not be limited to:
1. In cases of negligence, the minor  nature of the project in question and 
the
lack of danger to the public  health, safety or welfare which resulted.
2. Lack of previous disciplinary  history in this or any other jurisdiction 
wherein
the licensee practices or  has practiced.
3. Restitution of any damages suffered by the licensee’s  client.
4. Remedial steps taken by the licensee to avoid similar violations  in the
future.
Rulemaking Authority 455.227(3), 455.2273, 468.832, FS. Law  Implemented 
455.227, 455.2273, 468.832,
468.8319 ,FS. History– New  (date).
22
61-30.702 Notice of Noncompliance.
(1) As an alternative to  the provisions of Sections 455.255(1) and (2), 
Florida
Statutes, the  department may provide a licensee with a notice of 
noncompliance
for an  initial offense of a minor violation.
(2) Minor violations that do not  endanger the public health, safety and 
welfare,
and which do not demonstrate  a serious inability to practice the 
profession are:
(a) Failure to maintain  proof of current workers' compensation or general
liability insurance, as  required by Section 468.8322 F.S.
(b) Failure to provide a copy of the home  inspector’s license prior to
contracting for or commencing a home  inspection.
(c) Failure to inform the department of change of name or  address.
(d) Failure to provide a copy of the home inspector’s license and  
disclosure of
the scope and exclusions of a home inspection prior to  contracting for or
commencing a home inspection.
(e) Acting under a name  not on license.
(f) False, fraudulent, deceptive or misleading  advertising.
(3) This designation of violations as minor for the purposes of  Section
455.225(3), F.S., is limited to initial violations in which  corrective 
action is
commenced within 15 days of the department's issuance of  a notice of
noncompliance. The violation must be corrected within 15 days. If  it 
cannot be
corrected within 15 days, then corrective action must be  commenced within 
15
days and the licensee must move with due diligence to  complete the 
corrective
action. A violation which continues past that period  shall no longer be 
deemed a
minor violation and shall be treated as a  citation offense, pursuant to 
Rule 61-
30.604, F.A.C. Violations of this  section, except as provided herein, 
shall be
handled in accordance with the  standard disciplinary guidelines. Nothing
provided in this section shall  restrict the department from seeking full 
prosecution
in such instances where  aggravating circumstances are present which would
preclude a minor violation  dismissal.
Rulemaking Authority 455.225(3), FS. Law Implemented 455.225, FS.  History– 
New (date).
23
61-30.703 Citiations
The following violations  of Sections 468.8319, and 468.832, F.S., may be
resolved by the issuance of a  citation pursuant to Section 455.224, F.S., 
and Title
61-30,  F.A.C.
Violation Fine
(1) Practice by an individual with an
inactive or  delinquent license.
(2) Failure to maintain proof of current
workers’  compensation or general
liability insurance, as required by rule.
(3)  Failure to provide a copy of the
dislosure of the scope and exclusions
of  a home inspection prior to
contracting for or commencing a  home
inspection.
(4) Use the name or title “certified
home inspector,”  “registered home
inspector,” “licensed home inspector,”
“home inspector,”  “professional home
inspector,” or any combination thereof
unless the  person has complied with
the provisions of this part
(5) Aiding and  abbeding unlicensed
activity.
In addition to the penalties specified  above, the department may recover 
the
costs of investigation associated with  the citation. Citations shall be 
issued
pursuant to this rule where no harm  to consumers results from the 
violation. A
licensee who has been issued three  citations for the same offense shall be
prosecuted pursuant to Section  455.225, F.S., for any subsequent 
violations. The
disposition of reported  violations prosecuted pursuant to Section 455.225, 
F.S.,
shall be according  to Rule Chapter 61-30.630, F.A.C., To the extent that 
any of
these violations  are appropriate for resolution by the issuance of a 
notice of
noncompliance  pursuant to Section 455.225(3), F.S., and Rule 61-30.603,
F.A.C., the initial  offense of a minor violation will be dealt with 
accordingly. Where
a licensee  fails to commence corrective action within15 days of the  
department’s
issuance of a notice of noncompliance or where the offense is  other than 
the
initial one, the department may issue a citation pursuant to  this rule.
Rulemaking Authority 455.224(2), FS. Law Implemented 455.224, FS.  History– 
New (date)
24
61-30.704 Mediation
Any complaint of a violation  of this practice act where harm caused by the
licensee is economic in nature  or can be remedied by the licensee may be
mediated by the  department.
Rulemaking Authority 455.2235(1), FS. Law Implemented 455.2235,  FS. History
– New (date).
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