MyFloridaCode.com

Bottom line of any license…you cannot inspect your own work as a designer, builder inspector / builder whatever. Hypocrisy may ring a bell not to mention unethical.

 

From: codetalk-bounces at myfloridacode.com [mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Mark Cramer
Sent: Friday, July 02, 2010 6:45 PM
To: WR290 at aol.com; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] [RE] Home Inspectors Licensing is now ready for appli...

 

That paragraph refers to the previous paragraph which prohibits inspectors from performing repairs on houses they have inspected. The contractor would still have to be licensed as a home inspector to perform the home inspection.

 

It’s moot anyway, as another bill passed after this one without this language. It’s my understanding the latter bill will become law.

 

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 WR290 at aol.com
Sent: Friday, July 02, 2010 5:44 PM
To: mcramer1 at tampabay.rr.com; codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] [RE] Home Inspectors Licensing is now ready for appli...

 

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 <http://www.flsenate.gov/session/index.cfm?Mode=Bills&Submenu=1&BI_Mode=ViewBillInfo&Billnum=0713&Year=2010>  Bill 713. 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
To : 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) 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). 
25 

 



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