Florida commercial license

Honestly don’t remember off the top of my head specifically, the last condo conversions I did, were literally 10 years ago and to say a lot has happened since is an understatement. I assume it was the division of condominiums, timeshares and mobile homes that required it. On new construction projects it was not required.

(5) The copy of the disclosure statement filed with the Division shall be certified under seal of a architect or engineer authorized to practice in this State.

https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1966692&type=1&file=61B-24.004.doc

https://www.flrules.org/Gateway/View_notice.asp?id=1966692

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=61B-24

Now you have me thinking about this LOL…if I have the time later I will dig through some boxes and try and find a copy of an old one. From what I remember its pretty much a glorified inspection report. Its noninvasive and just describes the components of the building and their estimated remaining useful life.

I also understand that a report for a condo conversion vs an inspection of a commercial building are different animals. I am just sharing thoughts…and my thought is Florida requires a license for just about every other aspect of RE and Construction so I have to believe something is required to perform an inspection on a commercial building

from the Fl statutes

"(2) “Home” means any residential real property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives.
(3) “Home inspector” means any person who provides or offers to provide home inspection services for a fee or other compensation.
(4) “Home inspection services” means a limited visual examination of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home."

What I really want to know is who can legally provide a written professional opinion of a 8 unit apartment or condominium building? It appears to me that if a licensed FL HI does inspect an 8 unit apartment building or Condominium common area of an 8 unit building (would be the exact same) ;s/he would be operating outside the scope of their license. That makes me believe that another license covers it. I tried calling DBPR and LOL won’t spend another 20 minutes doing that to say it nicely.

First let me say that I am not an attorney nor am I an expert on Florida Statutes and Rules. As such, take my opinion for what it is worth. As commercial property inspections (non governmental code compliance) are not currently regulated in Florida by DBPR, anyone can legally provide a written professional (or non professional for that matter) opinion of an 8 unit apartment or condominium building, or commercial strip center, stand along restaurant, doctors office, etcc… as long as the client is willing to pay for the opinion from the inspector.

Often times, we have preconceived opinions or ideas of how something should be and then search for statutes or data to support our position. The section of statute that you are citing above pertains to “home inspection” and is limited to home inspection. However, there is nothing currently in the statute that prohibits a licensed or home inspector, farmer, doctor, used car salesman, or the lowly CGC, CBC, or CRC from performing an inspection and providing a written opinion for a commercial building. Currently, the only limiting factor is whether the commercial client is willing to pay the inspector for the service and written opinion.

In addition to the section of the Florida Statute you cited above, see a section of the rules for home inspector licensing below:

61-30.801 Standards of Practice, General.
(1) Home inspections performed to these Standards of Practice are intended to provide the client with information regarding the overall condition of installed systems and components of the home based on observation of the visible and apparent condition of the structure and components at the time of the home inspection and to report on those systems and components inspected that, in the professional opinion of the inspector, are significantly deficient or at the end of their service lives. A home inspection does not include the prediction of future conditions.
(2) These standards shall not be construed as limiting the scope of the inspection process in those areas where the inspector is qualified and/or has special knowledge.
(3) The inspector shall inspect readily accessible, installed systems and components of homes listed in these Standards of Practice by using normal operating controls and opening readily operable access panels. Where multiple instances of the same component exist, a representative number shall be inspected.
(4) The inspector shall inspect and report as required by Section 468.8323, F.S., when required by these standards, systems or components by their type and/or significant characteristics.
(5) If not self-evident to the client at the time of inspection, the inspector shall give a reason why, in his or her opinion, the system or component was reported as significantly deficient or near the end of its service life.
(6) The inspector shall make recommendations for correction and/or monitoring, or further evaluation of the deficiencies that the inspector observed.
(7) These Standards of Practice do not limit inspectors from:
(a) Including other inspection services, in addition to those required by these Standards of Practice;
(b) Specifying repairs, provided the inspector is appropriately qualified;
(c) Excluding systems and components from the inspection if agreed upon in writing by the inspector and client.
Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Just as insurance related inspections are not currently regulated by DBPR, commercial inspections are not regulated at this time.

Steve is correct.

For further clarification, here is another example:

In Florida (a heavily regulated state) Even a general contractor could hire a sub contractor to open the hood of a car, another sub contractor to inspect under the hood, and another sub contractor to change a spark plug. The general contractor could then mark up each of the subs invoices, prepare a written opinion on what was wrong with the car, have the subs do the repairs and bill the car owner if the car owner was willing to pay the contractor for his services. Is this activity operating outside the scope of his contractors license? If I am not mistaken, nowhere in F.S. 489 (contractor statute) is there any language mentioning “inspection” opening hoods of cars, or spark plugs. I also do not believe that there is any statute requiring a license for opening car hoods or changing spark plugs. Consequently, the general contractor and/or his sub contractors could legally change the spark plug if the car owner was willing to pay the contractor and his mark up for the subs.

well I guessed wrong… no license is required…am surprised but happy

Give it time. If the state thinks they can make money off a new licensing program, they will create the need for licensing for private commercial inspections. The contractor lobby will support the licensing law in the name of “consumer protection”- assuming they are exempt from licensing and can perform commercial inspections under the scope of their contractor license.

I don’t require any type of license.

Somebody should delete this thread then:mrgreen:

LOL, that is exactly why I figured it was required and first guessed CBC or CGC and then expanded it to PE and architects…my line of thought was if you can design or build it than you can inspect it

just to clarify, aren’t both 4 pt and wind mitigation inspections required to be done by either a CR/B/G/C or a HI

Yep!

Actually, no. the statute (F.S. 627.711) actually mandates/requires that a wind mitigation form be accepted by an insurance company if completed by CGC, CBC, CRC, PE, Architect, Building Code Official or inspector, and the lowly licensed home inspector. It also “allows” anyone to complete a wind mitigation inspection report if the insurance company will accept it from them. 4 point inspections are not regulated and are not part of the wind mitigation statute (627.711). Legally speaking, a 4 pt. inspection can be completed by anyone. However, it doesn’t mean that an insurance company will accept it from anyone. Whereas, insurance companies are mandated to accept wind mitigation inspection reports by all of the licensees listed in 627.711. That statute also allows insurance companies to validate the report by one of the licensees if they deem necessary (at their expense).

You are confusing law or statute with private insurer company policies.

I thought we were under the DBPR. I mean it says it right on the license.

I see what you’re saying now. I guess if you “say” you’re one you have to have a license, makes sense. I have to go remove Porn star from my site. I don’t a license.
**What services require a State of Florida license? **

**Home Inspectors **

A Home Inspector is someone who provides, or offers to provide, a limited visual examination of the readily accessible installed systems and components of a home, which include the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home.
These items are offered as examples of services you do need to hire a person with a Florida license and services you do not need to hire a person with a Florida license. The list is not all inclusive. If you have specific questions, please contact the department at 850.487.1395 or review the rules for the profession at www.myfloridalicense.com. You should also check with your county or city to learn whether or not a local business tax receipt or certificate of competency is required for services that do not require a state license. Please visit our Unlicensed Activity page to learn more about how you can help us combat Unlicensed Activity.
Needs a License
Does not need a License
Advertising or representing oneself to be a Home Inspector.
If a written professional opinion of the home regarding whether each specified system or condition is significantly deficient or is near the end of its service life is not provided.
Performing work as a home inspector when not acting within the scope of a local, state, or federal license.
Working solely as an officer or employee of a governmental entity.