MyFloridaCode.com

Bob
 
What am I missing the enrolled version of the 713 bill, which is the last  
bill approved to be passed to the governor for signature has the language in 
 it.......... I think.. Did 713 not get signed by the governor.... 
 
See the language
 
(f) Perform or offer to perform, prior to closing, for any 654 additional  
fee, any repairs to a home on which the inspector or 655 the inspector's 
company  has prepared a home inspection report. 
 
This paragraph does not apply to:
 
 657
1. A home warranty company that is affiliated with or 6
 
\58 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.;
 
Tom Ricci
 
In a message dated 7/15/2010 6:24:06 P.M. Eastern Daylight Time,  
Bob at contractorsinstitute.com writes:

 
Group, I know it’s been awhile since my last update, but  we’ve been busy 
trying to work things out. Doesn’t look good. The department  has not 
included Division 1 contractors as “deemed” to meet the licensure  requirements 
for Home Inspectors, Mold Assessors and Mold Remediators by  default. They 
have not recognized any other entities as approved for licensure  
certification except the specific ones originally listed that were borne from  
association memberships (even though they are not Florida specific). There has  been 
no approval for the CI-Certified programs that require Florida Licensure  as 
a prerequisite and then provide Florida specific training and testing  
through the Association of Construction Industry Certified Professionals 
(_www.acicp.org_ (http://www.acicp.org/)  ).  If approval had been given, the 
Contractors Institute was poised to give all  training, testing and certification 
for Inspection, Assessment and Remediation  licensure free to all Division 
1 Contractors for the good of the industry and  citizens of the Great State 
of Florida.. I wonder if the cost had been raised  to thousands of dollars 
like the “approved” associations if acceptance would  have been granted? Are 
they associating high membership and training fees with  quality 
certifications? 
We are now focusing on getting the Construction Industry  Licensing Board 
to write these services into our “authorized scope of  services” which would 
circumvent the law for us – but I am highly doubtful. We  have some 
meetings coming up and I will be presenting a request for the  language at the 
August Board Meeting of the CILB if they will hear  me. 
If not, we will be setting up a trust fund and asking for  small donations 
to initiate a legal challenge. I thousands of us give a few  dollars, we can 
quickly obtain an attorney. I hope we don’t need to go to that  extreme. 
Maybe a congressperson will “step-up” to the plate at this point and  help 
us. (I know, I’m dreaming again)  
Here is a July 15, 2010  email I have sent to the  entire congress, and to 
the key people at the Department of Professional  Regulation – feel free to 
follow up with your representative… 
++++++++++++ 
Messrs., Workman, Fasano,  Harrell, Vacarro, Morrision, et. al., 
The effect of the Home  Inspector and Mold legislation is manifesting itself
…  As I feared it  would… 
We are already being bombarded  with the campaign from the American Council 
for Accredited Certification as to  their approval as the “EXCLUSIVE” 
provider of mold licensure examinations, and  how when States use them the “
ADVANTAGE” goes to those certified by this so  called “Council”? Does it remind 
you of a “no-bid” governmental contract?   
Funny how the CI-Certified BCT  (Building Contaminant Technician) and the 
CI-Certified BCA (Building  Contaminant Assessor) certifications have not 
been accepted even though  the prerequisites are more strict than the 
certification agencies approved by  rule, even though the CI-Certified training is 
Florida specific (unlike those  approved by rule) and the CI-Certified 
training requires knowledge of the  Florida HVHZ codes (unlike those approved by 
rule). Odd isn’t it? The many  hundreds of CI-Certified contractors who have 
been performing these services  without incidence and are now precluded from 
initial licensure or  grandfathering (since we do not practice such services 
as our sole source of  income, rather we perform the services for our 
clients as needed, therefore  some are unable to meet the 40 required assessments 
or remediation, that is a  prerequisite to grandfathering). Not to mention 
the tens of thousands of other  Division 1 Contractors who have been 
providing these services to the public  with confident results and without any 
memberships or other certifications.  They are now barred. 
Maybe it’s because the  CI-Certified programs (through the Association of 
Construction Industry  Certified Professionals – _www.acicp.org_ 
(http://www.acicp.org/)  ) does not charge for  membership or testing? Not even for 
membership to its _www.floridacode.com_ (http://www.floridacode.com/)  and 
discussion  forum. Heaven forbid something is free for a public service. The only 
charge  is for the required training and education; and it’s costs are 
hundreds of  dollars rather than many thousands through the private associations 
sanctified  by the department and its new rule. 
What a shame for the citizens  of Florida that the contractors of Florida 
have been deprived of performing  the services that they have been doing 
since the beginning without any public  issues or problems, and that the 
CITIZENS of the state of Florida will pay  MUCH higher premiums for mold assessment 
and remediation, while receiving  REDUCED quality in delivered construction 
services related to mold assessment  and remediation by firms that are not 
Division 1 Contractors. (the ones that  were largely to blame for 
unscrupulous work practices were unlicensed  contractors – they now are the one ones 
being sanctified and certified by the  new requirements). 
Look at the un-truths or  misdirection we as State Licensed Contractors 
have been endured with this  statute and the implementation of its’ 
administrative code to  date: 
1.        Members of the original  committee that traveled the state 
publicly told us an un-truth; that Division  1 Contractors would be able to 
continue to perform these services in the same  manner as before the law – 
Un-true, we cannot 
2.        Members of Congress  indicated to me that they had included 
language in the statute that gave the  Department of Professional Regulation the 
ability to “deem” all Division 1  Contractors as meeting the requirements, 
meaning we would only need to apply  and pay the additional licensure fee. 
Although they did include such language,  the Department has subsequently 
failed to apply it and contend they do not  have the authority (or are 
unwilling to apply the authority) to protect the  public and allow Division 1 
Contractors as a whole to become licensed without  further compliance or 
alternatively providing an obtainable method of  attaining licensure. (Even though 
they recognize we have been performing these  services since the beginning) 
3.        The Department and other  agencies are writing proprietary 
compliance regulations with associations or  “Councils” whose genesis were 
proprietary associations – they promised they  would not do so. 
And look at the Home Inspector  requirements; unless you have performed 120 
“Home Inspections” in last 3  years, Division 1 Contractors are unable to 
grandfather and new Division 1  Contractors will not be eligible for 
licensure unless they attend a 120 hour  training program (an existing program 
developed by the existing home  inspection associations used to train someone 
with ABSOLUTELY no knowledge of  construction – about construction!) and take 
a proctored exam from a  proprietary home inspection testing agency whose 
genesis is associations .  Even the CI-Certified HPI (Home and Property 
Inspector) designation is not  allowed. Even though (as above) it requires a 
Division 1 Contractor status and  SPECIFIC Florida codes and conditions training! 
And if this were not enough,  consider this: 
1.        Division 1 Contractors have  8000 hours of verified construction 
experience and have taken a 3 part  proctored exam. (now they will need a 
120 hour course of the basics; kinda  like being sent back to elementary 
school from college); 
2.        Division 1 Contractors are  required to perform these home 
inspections pursuant to the Florida Bar and  Florida Association of Realtors 
approved Contract for Sale of Florida Real  Estate (contractors were exclusively 
required with home inspectors listed as  additionally approved in later 
versions) 
3.        The Florida Wind Mitigation  forms specifically require Division1 
Contractors perform their home  inspections (home inspectors are not 
approved) 
4.        Division 1 Contractors are  required to coordinate, understand, 
supervise and be legally responsible for  all 8 items listed for home 
inspection in the statute. 
5.        Division 1 Contractors must  inspect a commercial building or 
inspect for property code compliance inside  or outside the building (a home 
inspector is not allowed to do so under  current statute) 
6.        Division 1 Contractors are  allowed to dismantle and inspect for 
industry compliance where a home  inspector is allowed to perform a “limited 
site  inspection” 
All of this and now a Division  1 Contractor cannot “limited visually 
inspect” a residential home and issue a  home inspection report? Absurd. 
We cannot let this  continue – I am going to continue attempting to resolve 
these injustices – If  not, we MUST “gather our Armies” and collect enough 
funds to file the  necessary litigation to protect the citizens and 
contractors of Florida. We  will keep you posted through the discussion group at 
_www.myfloridacode.com_ (http://www.myfloridacode.com/)  
Robert  Koning 
Director Contractors Institute   
Director Association of  Construction Industry Certified Professionals 
_rjkoning at contractorinstitute.com_ 
(mailto:rjkoning at contractorinstitute.com) 


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