Florida licensing a closer look

[Joseph Burkeson, CMI]

At a recent home inspector board meeting the Florida "coalition" licensing bill was discussed at length and questions immediately arose concerning enforcement, copied from the bill is the enforcement clause below.

(16) ENFORCEMENT OF VIOLATIONS.--Any violation of this
section constitutes a deceptive and unfair trade practice,
punishable as provided in part II of this chapter.
Section 2. For the 2005-2006 fiscal year, the sum of
$642,463 is appropriated from the Professional Regulation
Trust Fund, and four positions are authorized, to the
Department of Business and Professional Regulation for the
purpose of conducting licensing and regulatory activities
associated with home inspection services.
(my bold)

It is the opinion of the group that the deceptive and unfair trade practice clause is very detrimental to our profession and should be removed. To help with your understanding of this clause listed below is the civil penalties connected to the statute.

501.2075 Civil penalty.--Except as provided in s. 501.2077, any person, firm, corporation, association, or entity, or any agent or employee of the foregoing, who is willfully using, or has willfully used, a method, act, or practice declared unlawful under s. 501.204, or who is willfully violating any of the rules of the department adopted under this part, is liable for a civil penalty of not more than $10,000 for each such violation. Willful violations occur when the person knew or should have known that his or her conduct was unfair or deceptive or prohibited by rule. This civil penalty may be recovered in any action brought under this part by the enforcing authority; or the enforcing authority may terminate any investigation or action upon agreement by the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, to pay a stipulated civil penalty. The department or the court may waive any such civil penalty if the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, has previously made full restitution or reimbursement or has paid actual damages to the consumers or governmental entities who have been injured by the unlawful act or practice or rule violation. If civil penalties are assessed in any litigation, the enforcing authority is entitled to reasonable attorney's fees and costs. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated. (again my bold)

Deceptive trade practices allow that a defendant (home inspector) can be sucessfully sued for a dollar and then be saddled with all the costs required to prosecute that case, which could be hundreds of thousands of dollars.

[Dale Duffy]

(16) ENFORCEMENT OF VIOLATIONS.--Any violation of this
section constitutes a deceptive and unfair trade practice,
punishable as provided in part II of this chapter.
Section 2. For the 2005-2006 fiscal year, the sum of
$642,463 is appropriated from the Professional Regulation
Trust Fund, and four positions are authorized, to the
Department of Business and Professional Regulation for the
purpose of conducting licensing and regulatory activities
associated with home inspection services.
(my bold)

Four people making $160,600.00 each?............

[Greg Bell]

Looks like you just found my new job Dale.

[Dale Duffy]

Originally Posted by gbell

Looks like you just found my new job Dale.

Holy mackeral....how bad could that be?....

Probably a state car/truck included also, plus benefits of course....

[gbeaumont]

Originally Posted by gbell

Looks like you just found my new job Dale.

I don't think so Greg, the average wage in this state is less than $30,000 pa, I guess that the $160,000 per postition is the real cost per head.

Can anyone spell state inefficiency????

Regards

Gerry

[Dale Duffy]

Gerry,

You're probably trying to scare folks off applying for the position......

Are you posting this message from a rest-stop on your way to the capital.....

To fill out the first application form......

I haven't heard anymore from Joe, hell he might of already headed that way himself......

[Dan Bowers, CMI]

Lets not soft soap it. 15 yrs for the 1st offense - life w/out parole for a 2nd.

Lets stand up and be big boys and show everyone else what we're made of.

Gosh I just really get carried away thinking of the possibilities of this.

[gporter]

I will be waiting with my handcuffs

[Joseph Burkeson, CMI]

Understanding that I'm not the sharpest pencil in the pack... Would it be possible for those who voted in favor of the use of deceptive and unfair trade practice to post and explain how this is the best remedy for home inspectors or the consumer? Thanks in advance.

[Joseph Burkeson, CMI]

I have just been informed of a new wrinkle that is worthy of note. Today in the mail I received my 2nd notice for my FABI renewal: Total Due $195.00.

At the bottom of the page reads the following paragraph.

Please note: 60% of your membership dues will be used for lobbying efforts and is therefore not tax deductible for income tax purposes. Based on your dues the non deductible portion is $117.00.

I am no longer privy to the inner workings of FABI but a good guess would lead me to believe that this money will be used to promote licensing in one way or another. Looks like about $60,000 is being earmarked, where is NACHI's battle fund?

[James H. Bushart]

Isn't FABI a part of this so-called "coalition" that Jay Schwartz is sitting with?

[Joseph Burkeson, CMI]

Originally Posted by jbushart

Isn't FABI a part of this so-called "coalition" that Jay Schwartz is sitting with?

Yes.

[Greg Bell]

Before receiving that I was weighing what value there was to being a FABI Member. After reading that the choice was very easy. My time at FABI is over as for me there was no value as a member and I will be dammed if I am going to support wasting more money on legislation. IMHO those funds would have been better used to promote the members. Good luck to you guys at FABI.

[Richard L. Bennett]

I thought Nick was on the FABI board of directors

If so something is wrong here or maybe everyone else at FABI wants this bill

rlb

[Greg Bell]

Nick has no relationship with FABI.