Originally Posted By: jbushart
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HB 315 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 A bill to be entitled 1 An act relating to building assessment and remediation; 2 creating s. 501.935, F.S., relating to home inspection 3 services; providing definitions; providing requirements 4 for practice; providing exemptions; providing prohibited 5 acts and penalties; requiring liability insurance; 6 exempting from duty to provide repair cost estimates; 7 providing limitations; providing for enforcement of 8 violations; authorizing a person who meets certain 9 conditions to work as a home inspector for a limited time, 10 notwithstanding the act's other provisions; creating s. 11 489.1134, F.S.; providing educational requirements and 12 procedural requirements for mold remediation 13 certification; providing for discipline; requiring review 14 of mold remediation training programs; requiring a person 15 certified under this section to be present on certain job 16 sites; assigning responsibility for workforce compliance; 17 requiring compliance; providing definitions; creating s. 18 501.933, F.S.; providing definitions; providing 19 requirements for practice as a mold assessor; providing 20 exemptions; providing prohibited acts and penalties; 21 requiring that mold assessors maintain liability 22 insurance; providing that mold assessors do not have a 23 duty to provide repair cost estimates; providing 24 limitations; providing for enforcement of violations; 25 creating s. 501.934, F.S.; providing definitions; 26 providing requirements for practice as a noncontracting 27 mold remediator; providing exemptions; providing 28 prohibited acts and penalties; requiring that 29 noncontracting mold remediators maintain liability 30 insurance; providing limitations; providing for 31 enforcement of violations; providing legislative findings 32 and intent with respect to the objectives of the act and 33 protection of homeowners; providing effective dates. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 501.935, Florida Statutes, is created 38 to read: 39 501.935 Home inspection services; requirements; 40 exemptions; prohibited acts and penalties; insurance; 41 limitations and enforcement.-- 42 (1) DEFINITIONS.--As used in this section, the term: 43 (a) "Home" means any residential real property, or 44 manufactured or modular home, that is a single-family dwelling, 45 duplex, triplex, quadruplex, condominium unit, or cooperative 46 unit. The term does not include the common areas of condominiums 47 or cooperatives. 48 (b) "Home inspector" means any person who provides or 49 offers to provide a home inspection for a fee or other 50 compensation. 51 (c) "Home inspection" means a limited visual examination 52 of one or more of the readily accessible installed systems and 53 components of a home, including the structure, electrical 54 system, HVAC system, roof covering, plumbing system, interior 55 components, exterior components, and site conditions that affect 56 the structure, for the purposes of providing a written 57 professional opinion of the condition of the home. 58 (2) REQUIREMENTS FOR PRACTICE.-- 59 (a) A person shall not work as a home inspector unless he 60 or she: 61 1. Has successfully completed a course of study, which 62 requires a passing score on a valid examination in home 63 inspections which is not less than 60 hours and which includes, 64 but is not limited to, each of the following components of a 65 home: structure, electrical system, roof covering, plumbing 66 system, interior components, exterior components, site 67 conditions that affect the structure, and heating, ventilation, 68 and cooling systems. 69 2. Completes 8 hours of continuing education related to 70 home inspections annually. 71 3. Discloses each of the following to the consumer in 72 writing and prior to contracting for or commencing a home 73 inspection: 74 a. The home inspector meets the education and examination 75 requirements of this subsection. 76 b. The home inspector maintains the commercial general 77 liability insurance policy required by this section. 78 c. The scope and any exclusions of the home inspection. 79 d. A statement of experience which shall include either 80 the approximate number of home inspections the home inspector 81 has performed for a fee or the number of years of experience as 82 a home inspector. 83 e. Home inspectors are not regulated by any state agency, 84 but any violation of this section may be an unfair and deceptive 85 trade practice under part II of this chapter. 86 (b) A business entity may not provide or offer to provide 87 home inspection services unless each of the home inspectors 88 employed by the business entity satisfies all the requirements 89 of this section. 90 (c) A business entity may not use, in connection with the 91 name or signature of the business entity, the title "home 92 inspectors" to describe the business entity's services unless 93 each of the home inspectors employed by the business entity 94 satisfies all the requirements of this section. 95 (3) EXEMPTIONS.--The following persons are not required to 96 comply with this section when acting within the scope of 97 practice authorized by such license, except when such persons 98 are conducting, producing, disseminating, or charging a fee for 99 a home inspection or otherwise operating within the scope of 100 this section: 101 (a) A construction contractor licensed under chapter 489. 102 (b) An architect licensed under chapter 481. 103 (c) An engineer licensed under chapter 471. 104 (d) A building code administrator, plans examiner, or 105 building code inspector licensed under part XII of chapter 468. 106 (e) A certified real estate appraiser, licensed real 107 estate appraiser, or registered real estate appraiser licensed 108 under part II of chapter 475. 109 (f) An inspector whose report is being provided to, and is 110 solely for the benefit of, the Federal Housing Administration or 111 the Veterans Administration. 112 (g) An inspector conducting inspections for wood- 113 destroying organisms on behalf of a licensee under chapter 482. 114 (h) A firesafety inspector certified under s. 633.081. 115 (i) An insurance adjuster licensed under part VI of 116 chapter 626. 117 (j) An officer appointed by the court. 118 (k) A master septic tank contractor licensed under part 119 III of chapter 489. 120 (l) A certified energy auditor performing an energy audit 121 of any home or building conducted under chapter 366 or rules 122 adopted by the Public Service Commission. 123 (m) A mobile home manufacturer, dealer, or installer 124 regulated or licensed pursuant to the requirements of chapter 125 320 and any employees or agents of the manufacturer, dealer, or 126 installer. 127 (4) PROHIBITED ACTS; PENALTIES.-- 128 (a) A home inspector, a company that employs a home 129 inspector, or a company that is controlled by a company that 130 also has a financial interest in a company employing a home 131 inspector may not: 132 1. Perform or offer to perform, prior to closing, for any 133 additional fee, any repairs to a home on which the inspector or 134 the inspector's company has prepared a home inspection report. 135 This paragraph does not apply to a home warranty company that is 136 affiliated with or retains a home inspector to perform repairs 137 pursuant to a claim made under a home warranty contract. 138 2. Inspect for a fee any property in which the inspector 139 or the inspector's company has any financial or transfer 140 interest. 141 3. Offer or deliver any compensation, inducement, or 142 reward to the owner of the inspected property, or any broker or 143 agent therefor, for the referral of any business to the 144 inspector or the inspection company. 145 4. Accept an engagement to make an omission or prepare a 146 report in which the inspection itself, or the fee payable for 147 the inspection, is contingent upon either the conclusions in the 148 report, preestablished findings, or the close of escrow. 149 (b) Any person who violates any provision of this 150 subsection commits: 151 1. A misdemeanor of the second degree for a first 152 violation, punishable as provided in s. 775.082 or s. 775.083. 153 2. A misdemeanor of the first degree for a second 154 violation, punishable as provided in s. 775.082 or s. 775.083. 155 3. A felony of the third degree for a third or subsequent 156 violation, punishable as provided in s. 775.082, s. 775.083, or 157 s. 775.084. 158 (5) INSURANCE.--A home inspector must maintain a 159 commercial general liability insurance policy in an amount of 160 not less that $300,000. 161 (6) REPAIR COST ESTIMATES.--Home inspectors are not 162 required to provide estimates related to the cost of repair of 163 an inspected property. 164 (7) STATUTE OF LIMITATIONS.--Chapter 95 governs when an 165 action to enforce an obligation, duty, or right arising under 166 this section must be commenced. 167 ( ENFORCEMENT OF VIOLATIONS.--Any violation of this 168 section constitutes a deceptive and unfair trade practice, 169 punishable as provided in part II of this chapter. 170 (9) GRANDFATHERING.--Until January 1, 2007, 171 notwithstanding any other provision of this section, a person 172 who meets the following criteria may work as a home inspector: 173 (a) Has successfully completed high school or its 174 equivalent or has been in the business of home inspection 175 services for at least 5 years; 176 (b) Has been engaged in the practice of home inspection 177 for compensation for at least 3 years prior to January 1, 2006; 178 and 179 (c) Has performed not fewer than 250 home inspections for 180 compensation. 181 |
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