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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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  #1  
Old 5/8/09, 1:16 PM
Richard Murphy Richard Murphy is offline
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Default Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

I see that SB 2078 has been tabled and it appears that HB 1495 has been approved. Can anyone interpret this bill to discern what it means as far as Uniform Mitigation Inspections are concerned? It appears that the WCE inspectors will no longer be accepted and it doesn't appear that the completion of the UF training will be accepted either?
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  #2  
Old 5/11/09, 9:25 AM
Eric C. Van De Ven's Avatar
Eric C. Van De Ven Eric C. Van De Ven is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

This may be promising:
(b) To qualify for selection by the department as a wind
743 certification entity to provide hurricane mitigation
744 inspections, the entity shall, at a minimum, meet the following
745 requirements:
746 1. Use hurricane mitigation inspectors who:
747 a. Are certified as a building inspector under s. 468.607;
748 b. Are licensed as a general or residential contractor
749 under s. 489.111;
750 c. Are licensed as a professional engineer under s.
751 471.015 and who have passed the appropriate equivalency test of
752 the Building Code Training Program as required by s. 553.841;
753 d. Are licensed as a professional architect under s.
754 481.213; or
755
e. Have at least 2 years of experience in residential
756 construction or residential building inspection and have
757 received specialized training in hurricane mitigation
758 procedures. Such training may be provided by a class offered
759 online or in person.

760 2. Use hurricane mitigation inspectors who also:
761 a. Have undergone drug testing and level 2 background
762 checks pursuant to s. 435.04. The department may conduct
763 criminal record checks of inspectors used by wind certification
764 entities. Inspectors must submit a set of the fingerprints to
765 the department for state and national criminal history checks
766 and must pay the fingerprint processing fee set forth in s.
767 624.501. The fingerprints shall be sent by the department to the
768 Department of Law Enforcement and forwarded to the Federal
769 Bureau of Investigation for processing. The results shall be
770 returned to the department for screening. The fingerprints shall
771 be taken by a law enforcement agency, designated examination
772 center, or other department-approved entity; and
773 b. Have been certified, in a manner satisfactory to the
774 department, to conduct the inspections.
775 3. Provide a quality assurance program including a
776 reinspection component.
777 (c) The department shall implement a quality assurance
778 program that includes a statistically valid number of
779 reinspections.
780(d) An application for an inspection must contain a signed
781 or electronically verified statement made under penalty of
782 perjury that the applicant has submitted only a single
783 application for that home.

http://www.myfloridahouse.gov/Sectio...5&Session=2009
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  #3  
Old 5/11/09, 11:23 AM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is online now
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

We have the course coming.



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #4  
Old 5/11/09, 12:33 PM
PAUL J. MAGRONE PAUL J. MAGRONE is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

Has anyone heard what is going on with Florida Home Inspection Licensing? The law goes into effect July 2010. I have not been able to find out anything regarding this new law which goes into effect a little more than a year from now.
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  #5  
Old 5/11/09, 12:33 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is online now
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

State is out of money.



Nick Gromicko, Certified Master Inspector

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  #6  
Old 5/11/09, 12:42 PM
PAUL J. MAGRONE PAUL J. MAGRONE is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

Nick,
What will that translate to for us down here? We are now 5 Years old as a business and blessed with success. At this point I would do whatever we needed to in order to keep this business going. Do you know what we might expect?
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  #7  
Old 5/11/09, 2:49 PM
Zoe Fackler Zoe Fackler is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

The Statute relates to My Safe Florida Program , Citizens Proerty Insurance, and consistancy in the application of the Universal Wind Mit (NOT My Safe Florida - but Wind Mit for discounted premiums) being required by various insurances.
I did not see anything that ties Insurance Coverage required inspection or Insurance premium discount inspections to the Inspector requirements for My Safe Florida. This bill sets parameters for the operation and funding of Citizens Property Insurance - the Catastrophe Fund and the My Safe Florida Program (hence the Inspector qualification requirement) and consistent Wind Mitigation discounts.

Last edited by zfackler; 5/11/09 at 3:05 PM..
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  #8  
Old 5/11/09, 3:01 PM
Zoe Fackler Zoe Fackler is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

This Section refers to the Universal Wind Mit for Premium discounts. Read it: It allows for the individual insurrer (underwriter) to decide who they feel is qualified.

627.711 Notice of premium discounts for hurricane loss 2117 mitigation; uniform mitigation verification inspection form.-- 2118
(2) By July 1, 2007, the Financial Services Commission 2119 shall develop by rule a uniform mitigation verification 2120 inspection form that shall be used by all insurers when 2121 submitted by policyholders for the purpose of factoring 2122 discounts for wind insurance. In developing the form, the 2123 commission shall seek input from insurance, construction, and 2124 building code representatives. Further, the commission shall 2125 provide guidance as to the length of time the inspection results 2126 are valid. An insurer shall accept as valid a uniform mitigation 2127 verification form certified by the Department of Financial 2128 ENROLLED CS/CS/CS/HB 1495, Engrossed 3 2009 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1495-07-er Page 77 of 81 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Services or signed by: 2129 (a) A hurricane mitigation inspector certified employed by 2130 the an approved My Safe Florida Home program wind certification 2131 entity; 2132 (b) A building code inspector certified under s. 468.607; 2133 (c) A general, building, or residential contractor 2134 licensed under s. 489.111; 2135 (d) A professional engineer licensed under s. 471.015 who 2136 has passed the appropriate equivalency test of the Building Code 2137 Training Program as required by s. 553.841; or 2138 (e) A professional architect licensed under s. 481.213; or 2139 (f) Any other individual or entity recognized by the 2140 insurer as possessing the necessary qualifications to properly 2141 complete a uniform mitigation verification form. 2142 (3) An individual or entity who knowingly provides or 2143 utters a false or fraudulent mitigation verification form with 2144 the intent to obtain or receive a discount on an insurance 2145 premium to which the individual or entity is not entitled 2146 commits a misdemeanor of the first degree, punishable as 2147 provided in s. 775.082 or s. 775.083.

Last edited by zfackler; 5/11/09 at 3:06 PM..
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  #9  
Old 5/11/09, 7:55 PM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

I don't think the above is the most current of the rule changes at OIR regarding this issue and I believe the most current has struck the MSFH inspectors out as being required to be accepted. But the f) phrase was still in there last I looked and this is still being worked on. Time will tell how bad they screw us on this one.
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  #10  
Old 5/12/09, 1:25 PM
Jose F. Uz Jose F. Uz is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

I'm having my attorney interpret this and will post the results as soon as I have legal interpretation.


Jose’ F. Uz, Ph.D., CRC, CPO, CHI, CHC, M-NFPA, NACHI, FHA INSP., FABI
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CaribbeanRealty Support Services, Inc.
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  #11  
Old 5/12/09, 1:45 PM
Joseph Burkeson, CMI's Avatar
Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

Quote:
Originally Posted by juz View Post
I'm having my attorney interpret this and will post the results as soon as I have legal interpretation.


Jose’ F. Uz, Ph.D., CRC, CPO, CHI, CHC, M-NFPA, NACHI, FHA INSP., FABI
President
CaribbeanRealty Support Services, Inc.
Thanks, please keep us posted.



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #12  
Old 5/19/09, 1:12 PM
Jose F. Uz Jose F. Uz is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

This is it:

See attached

Last edited by juz; 5/19/09 at 1:19 PM..
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  #13  
Old 5/20/09, 3:24 PM
Joseph Burkeson, CMI's Avatar
Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

Quote:
Originally Posted by juz View Post
This is it:

See attached
Thanks!



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


Certified Master Inspector (2007)
Member, International Assoc of Certified Home Inspectors (InterNACHI)
Member, International Code Council (ICC) - Certified Residential Combination Inspector

Square-One Inspection "Assurance begins here"
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  #14  
Old 6/19/09, 12:16 PM
Bruce M. Graham, III's Avatar
Bruce M. Graham, III Bruce M. Graham, III is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

Just heard the latest rumor, that after July 1 all who are Mysafefloridahome trained will be allowed to complete the 1802. Lets wait and see how this shakes out.



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Bruce M. Graham III
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  #15  
Old 6/20/09, 2:02 AM
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David Sorge David Sorge is offline
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Default Re: Florida SB 2078 and HB 1495 for Uniform Mitigation Inspections

This whole program is such a freakin scam. Wind Mitigation?


Herein lies the problem and what chaps my ***** (it should raise your ire as well)... Lets forget that we're home inspectors for just 10 seconds. Lets also forget that some of you make a living off of this program for 5 seconds. Now lets all think like citizens for 1 minute. Citizens that all have an insurance bill based on the personal choices we make, and lifestyles we lead.

At the end of the day, these inspections allow homeowners that live in wind danger zones, to pay the same rates (or similar rates) to those of us that choose to live outside of the wind zone.

Call me crazy but I've lived through both hurricanes and typhoons, on 2 different sides of the planet and in both hemispheres. In either place the really BIG damage comes from water and/or storm surge.

So explain something to me. Why should I pay the same amount for insurance, as someone that chooses to live on the theoretical edge of a cliff? The bigger question is...in an industry that supossedly prides itself on ethics, honesty, principals, blah-blah-blah-freakin' blah...would feed, support, and defend such a program?

Answer?

Greed



David Sorge (USN Retired)
FL License HI142
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