[size=2]I was asked several times where I stood on this, and I know that contractors and engineers traditionally supervise employees that do their jobs. While many other professions do not or can not.
For contractors I found this[/size]:
489.103 Exemptions.—This part does not apply to:(1) Contractors in work on bridges, roads, streets, highways, or railroads, and services incidental thereto. The board, in agreement with the Department of Transportation, shall, by rule, define “services incidental thereto” for the purposes of this subsection only.
(2) Any ** employee **of a certificate holder or registrant who is acting within the scope of the license held by that certificate holder or registrant and with the knowledge and permission of the license holder. However:(a) If the employer is not a certificate holder or registrant in that type of contracting, and the employee performs any of the following, the employee is not exempt:1. Holds himself or herself or his or her employer out to be licensed or qualified by a licensee;
2. Leads the consumer to believe that the employee has an ownership or management interest in the company; or
3. Performs any of the acts which constitute contracting.
(b) The legislative intent of this subsection is to place equal responsibility on the unlicensed business and its employees for the protection of the consumers in contracting transactions.
For the purpose of this part, “employee” is defined as a person who receives compensation from and is under the supervision and control of an employer who regularly deducts the F.I.C.A. and
For Engineers I found this:
471.003 Qualifications for practice; exemptions.—(1) No person other than a duly licensed engineer shall practice engineering or use the name or title of “licensed engineer,” “professional engineer,” or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active license as an engineer in this state.
(2) The following persons are not required to be licensed under the provisions of this chapter as a licensed engineer:(a) Any person practicing engineering for the improvement of, or otherwise affecting, property legally owned by her or him, unless such practice involves a public utility or the public health, safety, or welfare or the safety or health of employees. This paragraph shall not be construed as authorizing the practice of engineering through an agent or employee who is not duly licensed under the provisions of this chapter.
(b)1. A person acting as a public officer employed by any state, county, municipal, or other governmental unit of this state when working on any project the total estimated cost of which is $10,000 or less.
2. Persons who are employees of any state, county, municipal, or other governmental unit of this state and who are the subordinates of a person in responsible charge licensed under this chapter, to the extent that the supervision meets standards adopted by rule of the board.
© Regular full-time employees of a corporation not engaged in the practice of engineering as such, whose practice of engineering for such corporation is limited to the design or fabrication of manufactured products and servicing of such products.
(d) Regular full-time employees of a public utility or other entity subject to regulation by the Florida Public Service Commission, Federal Energy Regulatory Commission, or Federal Communications Commission.
(e) Employees of a firm, corporation, or partnership who are the subordinates of a person in responsible charge, licensed under this chapter.
(f) Any person as contractor in the execution of work designed by a professional engineer or in the supervision of the construction of work as a foreman or superintendent.
This does imply that contractors or engineers can have an employee perform some of their duties under guidance. I found no such explanation on the Home inspector law.
Therefore, the OIR would not have a duty or right to allow a home inspectors to hire employees to do wind mits. If home inspectors want to be allowed to hire employees that perform home inspector functions it seems that the issue would be with changing the home inspector laws.
This does bring the next question, what about helpers/assistants?
I am not a lawyer, nor do I play one on TV.