Latest Version Grandfather Clause

[PAUL J. MAGRONE]

What will be the effective date of this part? January 1, 2009 or October 2007?



468.8324 Grandfather clause.--Until January 1, 2009,

29 notwithstanding any other provision of this part, a person may

30 qualify to be licensed by the department as a home inspector

31 if he or she:

14

CODING: Words stricken are deletions; words underlined are additions.






Florida Senate - 2007 CS for CS for SB 2234
591-2507-07




1 (1) Has received a high school diploma or its

2 equivalent;

3 (2) Has been engaged in the practice of home

4 inspection for compensation for at least 3 years prior to the

5 effective date of this part;

6 (3) Is of good moral character as defined in s.

7 468.8313; and

8 (4) Has not committed any acts which would be grounds

9 for disciplinary actions had the person been licensed under

10 this part.

[James H. Bushart]

Paul, am I correct to believe that...given a grandfather clause that will allow you, personally, to stay in business...you will support the bill?

The reason I ask is that this is the reason for the revisions. Proponents of the bill are thinking that the more people they can grandfather, the less resistance they will get to the bill. Everybody wants a bill that effects the "other guy".

[Mathew Hawley]

There should be NO grandfathering period. If the intent of the bill is to truely protect the consumer, then everyone should have to meet the requirements.

There is not an "out cry" from the consumers that im aware of in the first place. We can regulate our own industry without Gov involvement. Or we can do away with the grandfather clause and all go meet the requirements.

[Gary L. Porter]

I told you it had changed.

[PAUL J. MAGRONE]

I do not support the bill period. But I am very concerned for my business at the same time. I would fight the bill the same way regardless of the grandfather clause. I think whenever the government attempts to regulate a business they can only pass a bill that will be fair across the entire spectrum of that existing industry. But to further elaborate on my question on the grandfather clause. I just want to be as prepared for the worst as possible. I want to get a jump on what I need to do, if I will need to do it. I suggest everyone do the same thing because a lot of people are saying there is a lot of money in this bill that makes it tough to kill. I am doing all I can every day to get the point across that I do not support the bill. Did not mean to offend you, or any one else for that matter. I plan to continue to fight this to the end. But I still have a personal agenda to preserve my business above all. I am sure you do too.

[PAUL J. MAGRONE]

I still think that the effective date is October 2007. Is that how you read this latest one?

[James H. Bushart]

I understand your concern for your business, as do the people who have proposed to put you out of it.

Your choice is to fight them, by fighting the bill....or join them, and simply try to amend it so that people other than you lose their business.

It sends a confusing message to your legislature when you try to play it both ways. The bill is bad and needs to be defeated...or it does not. Plain and simple.

[PAUL J. MAGRONE]

Relax. I think all NACHI members are agianst this bill for all of the right reasons. I have many reasons myself. My number one reason is the grandfather clause and how it will affect my business and yours. Number two is how the bill if passed will take business away from you and I no matter what we do. Number three, I think it will affect how much we can charge for an inspection eventually. And the most important reason is the motivation behind the bill is insincere and the writers know it.

[Gary L. Porter]

Three years from the effective date. By 2009

[Gary L. Porter]

I gave you a greenie Paul all your leg work.

[Carl Pennick]

Originally Posted by pmagrone

What will be the effective date of this part? January 1, 2009 or October 2007?



468.8324 Grandfather clause.--Until January 1, 2009,

29 notwithstanding any other provision of this part, a person may

30 qualify to be licensed by the department as a home inspector

31 if he or she:

14

CODING: Words stricken are deletions; words underlined are additions.






Florida Senate - 2007 CS for CS for SB 2234
591-2507-07




1 (1) Has received a high school diploma or its

2 equivalent;

3 (2) Has been engaged in the practice of home

4 inspection for compensation for at least 3 years prior to the

5 effective date of this part;

6 (3) Is of good moral character as defined in s.

7 468.8313; and

8 (4) Has not committed any acts which would be grounds

9 for disciplinary actions had the person been licensed under

10 this part.

The way I read it is to be grandfathered you have to have been in business for 3 years as of 10/1/07. If you meet this requirement you have until 1/1/09 to resister with the state for a license. After that date any one who wishes to get a license must meet the new license requirements regardless of how long they have been in business.

[Greg Bell]

That is my understanding of it also Carl.

[Mathew Hawley]

So you would have to been in business by Oct 2004 to meet the grandfather clause. If not you can still do home inspections while you meet the requirements ie 120 hour class and state test up until 2009. After 2009 if you have not met the states requirements than by law you can no longer do home inspections until you meet the requirements.

[Greg Bell]

Hi Matthew,

No a license will be required after 10-1-2007. Anyone that meets the grandfathering requirements by 10-1-2007 will have until 2009 to obtain their license through grandfathering. After 2009 everyone that applies for a license must meet the 120 hour requirements or what ever they are in 2009. At least that is my understanding of it.

[Mathew Hawley]

Hello Greg,

To meet the grandfather clause you would have to been in business by Oct 2004, correct?