MyFloridaCode.com

This paragraph is under prohibitions.. I would suggest that Division 1  
Contractor's can do Home Inspections. 
 
Bob Koning will have to answer this question, since he was at the  meetings
 
Tom Ricci
 
 
 
This paragraph does not apply to: 657
1. A home warranty company that is  affiliated with or 658 retains a home 
inspector to perform repairs pursuant to a  claim 659 made under a home 
warranty contract. 660
2. A certified contractor  who is classified in s. 661 489.105(3) as a 
Division I contractor. However, the  department 662 may adopt rules requiring 
that, if such contractor performs the  663 home inspection and offers to 
perform the repairs, the contract 664 for  repairs provided to the homeowner 
disclose that he or she 665 has the right to  request competitive bids.; 666
(g) Inspect for a fee any property in which  the inspector 667 or the 
inspector's company has any financial or transfer 668  interest.;
 
 
 
In a message dated 7/2/2010 8:28:50 A.M. Eastern Daylight Time,  
mcramer1 at tampabay.rr.com writes:

 
No.  Contractors performing home inspections will have to be licensed as 
home  inspectors. 
Home Inspectors


How does this affect CILB Licensees?  
The purpose of the home inspector practice act is  to regulate the 
performance of home inspections that review the overall  condition of a home and its 
components. 
Licensed contractors currently performing home  inspections would be able 
to grandfather into the profession like other  candidates that currently 
perform home inspections. Please note the home  inspections required for 
licensure would have to meet the definition of "home  inspection services" as 
defined in _House  Bill 713_ 
(http://www.flsenate.gov/session/index.cfm?Mode=Bills&Submenu=1&BI_Mode=ViewBillInfo&Billnum=0713&Year=2010) . The home 
inspections would have to include a visual inspection  of all of the systems and 
components of a home; including AC,  plumbing, structural, etc. System specific 
inspections that do not include all  systems and components will not count 
toward the licensure  requirements. 
Mark  Cramer 
Mark  Cramer Inspection Services, Inc. 
492  20th Ave.  
Indian  Rocks Beach, FL 33785 
727-595-4211 
http://www.BestTampaInspector.com 
From:  codetalk-bounces at myfloridacode.com 
[mailto:codetalk-bounces at myfloridacode.com]  On Behalf Of robert white
Sent: Friday, July 02, 2010 8:06  AM
To: WR290 at aol.com
Cc:  codetalk at myfloridacode.com
Subject: [Florida Code Talk] [RE] Home  Inspectors Licensing is now ready 
for application, See the rule draft  inse 
     

Did the proposed regulation allow for  grandfarthering of state cert.  
contractors?


---------[ Received  Mail Content ]----------
Subject : [Florida Code Talk] Home  Inspectors Licensing is now ready for 
application, See the rule draft  inse
Date : Thu, 1 Jul 2010 22:00:35 EDT
>From : _WR290 at aol.com_ (mailto:WR290 at aol.com) 
To : _codetalk at myfloridacode.com_ (mailto:codetalk at 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_ 
(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_ 
(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_ 
(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_ 
(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_ 
(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_ 
(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).  
25 



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