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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #16  
Old 5/6/07, 12:12 AM
Mathew Hawley Mathew Hawley is offline
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Default Re: Fl Sb 2234 On The Governors Desk

I'm glad they did away with the grandfather clause. Those that are pushing so hard for this bill can now take the 120 hour class that they though the grandfather clause would protect their business from.

Now it's an even playing field. One can never stop learning. Just because someone has been in business for 10 years does not mean they should be excempt from additional training. This will at least show they know the basics and help better protect the consumer, since thats what those in favor of the bill are pushing for.

I'm sure many inspectors that have fought so hard all these years for licensing are haveing second thoughts now that their business will be interrupted with a 120 hour class.

We can regulate our own industry. We have for 30 plus years.
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  #17  
Old 5/6/07, 12:19 AM
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gporter gporter is offline
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Default Re: Fl Sb 2234 On The Governors Desk

I bet. They are probably write the gov. as we type. I did my class.



Gary Porter

GLP's Home and Mold Inspections
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  #18  
Old 5/6/07, 12:39 AM
PAUL J. MAGRONE PAUL J. MAGRONE is offline
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Default Re: Fl Sb 2234 On The Governors Desk

I think that is a great question. I sure wish someone would explain. Jay, Gary........
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  #19  
Old 5/6/07, 8:57 AM
rrebelo rrebelo is offline
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Exclamation Re: Fl Sb 2234 On The Governors Desk

Quote:
Originally Posted by mhawley
I'm glad they did away with the grandfather clause. Those that are pushing so hard for this bill can now take the 120 hour class that they though the grandfather clause would protect their business from.

Now it's an even playing field. One can never stop learning. Just because someone has been in business for 10 years does not mean they should be excempt from additional training. This will at least show they know the basics and help better protect the consumer, since thats what those in favor of the bill are pushing for.

I'm sure many inspectors that have fought so hard all these years for licensing are haveing second thoughts now that their business will be interrupted with a 120 hour class.

We can regulate our own industry. We have for 30 plus years.
Gary & Matt,

Look BEYOND the "Granfathering" aspect of this "Bill." It's (the "Bill") implications will have far reaching consequenses.

The "Grandfathering" is only a piece of a pie gone bad. What about the Corporate Veil Piercing that contradicts the FLorida Corporations Act. What about the requirements that ALL employees of your Company, even your Secretary (if you have one), must meet the licensure requirmements and not to mention FLorida "Sunrise Act" violations.

It's obvious, from your recent posts, your blinders are focused too much at one bad point (the "Grandfathering" issue).

Paul, your post "That's a great question...," who was that directed to?

Did our post regarding the State Vote History warrant futher looking into by Jay? Nobody has replied with a definitive answer to that post.

Jay, what's going on?



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  #20  
Old 5/6/07, 9:04 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Quote:
Originally Posted by mhawley
I'm glad they did away with the grandfather clause. Those that are pushing so hard for this bill can now take the 120 hour class that they though the grandfather clause would protect their business from.
This is one reason why you now have ASHI writing the Gov, along with you, to veto this bill.



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  #21  
Old 5/6/07, 9:22 AM
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gbeaumont gbeaumont is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Hi to all,

Roni, I believe that some of your interpretations of the bill are of base, the bill does not require that all employees of a corporation be licensed, just those acting as inspectors:

Quote:

(2) The practice of or the offer to practice home
4 inspection services by licensees through a corporation or
5 partnership offering home inspection services to the public,
6 or by a corporation or partnership offering such services to
7 the public through licensees under this part as agents,
8 employees, officers, or partners, is permitted subject to the
9 provisions of this part, provided that all personnel of the
10 corporation or partnership who act in its behalf as home
11 inspectors in this state are licensed as provided by this
12 part; and further provided that the corporation or partnership
13 has been issued a certificate of authorization by the
14 department as provided in this section.
Regards

Gerry



"To realize our true destiny, we must be guided not by a myth from our past, but by a vision of our future."
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  #22  
Old 5/6/07, 4:10 PM
Doug Edwards,  CMI's Avatar
Doug Edwards, CMI Doug Edwards,  CMI is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Just something to think about; this bill does not establish an SOP to operate under therefore the requirement in it that requires the HI to report on any component or system near or at the end of service life could be a problem. What if the HI is operating under an association SOP that does not require them to report on some items. If the HI does not mention a particular item and it later goes T.U. the HI can figure on having to replace it or pay to have it replaced (yep, even window AC units) . One more illustration this bill is not well thought out and looks to be thrown together from input from every corner. Another flaw in this area is the bill specifically mentions that a Home Inspection is a "limited visual inspection" and identifies other professions exempt from having the licensing requirement but then later requires the HI to operate outside the law by not only identifying those components and systems near or at the end of service life but to also identify WHY it is. That would require the HI to actually be doing analysis normally requiring a licensed professional tradesman. You better get signed up for certification in HVAC, roofing, carpentry, plumbing, etc in order to comply with that little requirement. OR you could write the Governor and point this out to him. NO standard Operating Procedure to operate to and requiring the HI to operate crosswise to the licensing laws of the State.
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  #23  
Old 5/6/07, 4:48 PM
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Bruce M. Graham, III Bruce M. Graham, III is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Unless I read it wrong you also have to identify all items that are not present, what would be considered normal?



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  #24  
Old 5/6/07, 4:57 PM
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Doug Edwards, CMI Doug Edwards,  CMI is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Bruce,
Exactly. Now just how are you suppose to do that? There must be a "list" somewhere of what is normal for a home. This just again illustrates just how poorly thought out and written this bill is. It is full of what we used to call in the military, "wild problems". Problems with no possible way to solve.

Now to be clear about something; FAPHI sent Brett all of this information and points of contradiction. Whether or not the Governor gets it is another point altogether. We got the word this was a very "powerful" lobbiest and swings a big hammer in Tallahassee. Translation: He gives away a lot of money and knows all the "right" people. I think that irritates me more than licensing. Our political process is for sale. Jeb Bush may not have been perfect but he was not for sale. Remains to be seen who is for sale.
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  #25  
Old 5/6/07, 5:35 PM
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gporter gporter is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Chuckles is for sale. Come on. The 1st time I do not vote rep in a long time. I know chuckles kind. Just ask him about Lou (Chuckles let me off the Hook) Pearlman. He is on the run with millions of people investment dollars.



Gary Porter

GLP's Home and Mold Inspections
321-239-0621

Certified Commercial Mold Inspector

Serving Orlando, Kissimmee, Winter Park, Winter Springs, Oviedo, Titusville, Celebration, Harmony, Avalon, Windermere, Deltona, Debary, Sanford
Orange County, Seminole County, Volusia County, Osceola County

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  #26  
Old 5/6/07, 5:37 PM
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gporter gporter is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Chuckles will go down as one of worst when it comes to picking up that lobbisty money in the history of Florida. Check out his history with the Boy Band Man.



Gary Porter

GLP's Home and Mold Inspections
321-239-0621

Certified Commercial Mold Inspector

Serving Orlando, Kissimmee, Winter Park, Winter Springs, Oviedo, Titusville, Celebration, Harmony, Avalon, Windermere, Deltona, Debary, Sanford
Orange County, Seminole County, Volusia County, Osceola County

www.homeandmoldinspections.com
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  #27  
Old 5/6/07, 7:51 PM
PAUL J. MAGRONE PAUL J. MAGRONE is offline
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Default Re: Fl Sb 2234 On The Governors Desk

So you think he will sign the bill? I think he will do the cowardly thing and let the bill slide right on by without veto or approval. It is time to summon the ghost of Jeb. Does anyone know his e-mail?
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  #28  
Old 5/6/07, 10:45 PM
Richard L. Bennett Richard L. Bennett is offline
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Default Re: Fl Sb 2234 On The Governors Desk

I do hope that all of us - Including me are sending all this info to the gov and all of the people we can think of including the press

rlb
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  #29  
Old 5/7/07, 12:12 AM
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wforsyth wforsyth is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Quote:
Originally Posted by dedwards
Just something to think about; this bill does not establish an SOP to operate under therefore the requirement in it that requires the HI to report on any component or system near or at the end of service life could be a problem. What if the HI is operating under an association SOP that does not require them to report on some items. If the HI does not mention a particular item and it later goes T.U. the HI can figure on having to replace it or pay to have it replaced (yep, even window AC units) . One more illustration this bill is not well thought out and looks to be thrown together from input from every corner. Another flaw in this area is the bill specifically mentions that a Home Inspection is a "limited visual inspection" and identifies other professions exempt from having the licensing requirement but then later requires the HI to operate outside the law by not only identifying those components and systems near or at the end of service life but to also identify WHY it is. That would require the HI to actually be doing analysis normally requiring a licensed professional tradesman. You better get signed up for certification in HVAC, roofing, carpentry, plumbing, etc in order to comply with that little requirement. OR you could write the Governor and point this out to him. NO standard Operating Procedure to operate to and requiring the HI to operate crosswise to the licensing laws of the State.
That's where WA State was heading. I hope this gets stopped in it's tracks. That will be good precendent for other states faced with the same issues.
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  #30  
Old 5/7/07, 12:13 AM
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wforsyth wforsyth is offline
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Default Re: Fl Sb 2234 On The Governors Desk

Quote:
Originally Posted by pmagrone
So you think he will sign the bill? I think he will do the cowardly thing and let the bill slide right on by without veto or approval. It is time to summon the ghost of Jeb. Does anyone know his e-mail?
Doesn't have to do one or the other? He can't just ignore it right? It requires approval or denial isn't that right?
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