Legislature quote
"Certification as a home inspector by a state or national association that requires, for such certification, successful completion of a proctored examination on home inspection services and completion of at least 14 hours of verifiable education on such services; "
From the DPBR site – the entire passage is as follows:.
Home Inspectors
What Happens on July 1, 2010?
The question, “What happens on July 1, 2010” is dependent upon whether or not the department will be implementing Chapter 468, Part XV, Florida Statutes, enacted on June 27, 2007 or whether the department will be implementing our recommended changes provided in Senate Bill 1330 and House Bill 713 proposed during this Fiscal Year 2010/2011 Legislative Session.
Grandfathering Clause
Grandfathering under current law, Chapter 468, Part XV, Florida Statutes – Home Inspectors
The requirements for grandfathering under the current law are passing an examination, completion of a 120-hour course of study that covers a home’s structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, and proof of good moral character. These are the same requirements for anyone wishing to apply for a license, regardless of past experience.
Grandfathering proposed under Senate Bill 1330 and House Bill 713
The requirements for grandfathering under the department’s proposed legislation would be to submit an application to the department by March 1, 2011, whether postmarked or delivered by that date, and meet the following licensure requirements:
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Certification as a home inspector by a state or national association that requires, for such certification, successful completion of a proctored examination on home inspection services and completion of at least 14 hours of verifiable education on such services;
or
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At the time of application, have at least 3 years of experience as a home inspector and completion of at least 14 hours of verifiable education on home inspection services. To establish the 3 years of experience, an applicant must submit at least 120 home inspection reports prepared by the applicant. The department may investigate the validity of a home inspection report submitted under paragraph (1)(b) and, if the applicant submits a false report, may take disciplinary action.
An applicant for licensure must submit to a criminal background check, be of good moral character, and obtain a $300,000 commercial general liability insurance policy.
An applicant may not qualify for licensure if he or she has had a home inspector license or a license in any related field revoked at any time or suspended within the previous 5 years or has been assessed a fine that exceeds $500 within the previous 5 years. A license in a related field includes, but is not limited to, licensure in real estate, construction, mold-related services, or building code administration or inspection.
Initial Licensing
**Initial Licensure under the current law, Chapter 468, Part XV, Florida Statutes – Home Inspectors **
The requirements for initial licensure under the current law are passing an examination, completion of a 120-hour course of study that covers a home’s structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, and proof of good moral character. The current law also requires that home inspection businesses obtain a certificate of authorization issued by the department.
**Initial Licensure proposed under Senate Bill 1330 and House Bill 713 **
The requirements for initial licensure under the department’s proposed legislation are basically the same. However, there are certain differences that include:
- The applicant may take the examination before applying for a license
- The applicant must submit to a criminal background check
- Home Inspection businesses will not be required to obtain a certificate of authorization from the department.
Enforcement
**Enforcement under Chapter 468, Part XV, Florida Statutes – Home Inspectors **
Under the current law, anyone operating as a home inspector is required to be licensed on July 1, 2010, which is the effective date of the current law. Technically, any work performed on or after July 1 without a licensed would be unlicensed and subject to prosecution. However, all applicants, including those for grandfathering, are required to complete a department-approved 120-hour course, and the department lacks the authority to approve courses prior to July 1, 2010. On July 1, 2010 the department is required to receive and review any complaints filed for unlicensed activity. The department’s goal is to give professionals ample opportunity to apply for licensure or grandfathering prior to taking any action for unlicensed activity.
Enforcement proposed under Senate Bill 1330 and House Bill 713
Senate Bill 1330 and House Bill 713 delay unlicensed enforcement until July 1, 2011. The educational requirements and testing for this new profession will not be available before July 1, 2010. Therefore, this delay will allow all initial applicants the necessary time to complete educational and experience requirements and testing to meet the licensure requirements. In addition, this delay will enable affected parties to identify any unintended consequences of the new legislation and present solutions during the 2011 Legislative Session.
Licensed Contractors
Licensed Contractors conducting Home Inspections under Chapter 468, Part XV, Florida Statutes – Home Inspectors
Under the current law, contractors would not be able to conduct system specific “home inspections” that include a single system or component of the home. “Home inspection services” is currently defined to include one or more of the systems or components of the home.
Contractors would be able to conduct estimates and reviews of home systems and components, but would not be able to represent themselves as home inspectors.
Licensed Contractors conducting Home Inspections under Senate Bill 1330 and House Bill 713
The department’s bill would allow contractors to continue to conduct system specific inspections on those building systems and components included within their scope of work. The bill defines “home inspection services” as a visual inspection of all of the systems and components of a home; including AC, plumbing, structural, etc. System specific inspections of just one system or component will not require a Home Inspectors license.
