MyFloridaCode.com

I don't know if I agree with this last statement, We as contractors are  
asked constantly to review the problem give our opinion and our price...Do you 
 think,  we now have to tell the owner that, " sorry you need to call  in 
an accessor"  and that will add another 1000.00 to the price and he will  
have to wait 2 weeks for me to get him a price, since I would now have to wait  
for the accessors recommendations. .. You won't be doing that  job......  I 
don't think this meets with your term  hypocrisy,, I don't think any of us 
are trying to tell a lie...See the  definition below 
 
Hypocrisy is the act of persistently professing _beliefs_ 
(http://en.wikipedia.org/wiki/Belief) , _opinions_ (http://en.wikipedia.org/wiki/Opinion) , 
_virtues_ (http://en.wikipedia.org/wiki/Virtue) , _feelings_ 
(http://en.wikipedia.org/wiki/Feeling) , _qualities_ 
(http://en.wikipedia.org/wiki/Quality_(philosophy)) , or _standards_ (http://en.wikipedia.org/wiki/Standard)  that 
are inconsistent with one's actions.  Hypocrisy is thus a kind of _lie_ 
(http://en.wikipedia.org/wiki/Lie) . 
Tom Ricci 

In a message dated 7/3/2010 12:32:45 P.M. Eastern Daylight Time,  
pathoag at cfl.rr.com writes:

 
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_ (mailto: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_ (http://www.besttampainspector.com/)  
From:  codetalk-bounces at myfloridacode.com  [m
ailto: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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