Florida Licensing Study

Originally Posted By: bhendry
This post was automatically imported from our archived forum.



Can anyone post the study identified in this quote?


"The required sunshine study was performed by one of the universities in 1993 and came back that HI should be licensed as they pose a threat to the public. At the time there were just less than 2000 inspectors in Florida. A bill cannot pass without this study in FL. "

Regards,


--
Bill Hendry
Inspector Selector.com

Originally Posted By: jburkeson
This post was automatically imported from our archived forum.



Bill,


Here is the quote in its entirety, it came from this post http://www.nachi.org/bbsystem/viewtopic.php?p=82832&highlight=#82832, you may want to contact Jeff Hooper directly his email address can be obtained here http://www.fabi.org/listings.asp

It is possible Jerry Peck can answer your question since Jeff Hooper can no longer post to any thread on the NACHI site.

I was able to Goggle "sunshine study" "home inspection" and came up with this link http://www.bizjournals.com/southflorida/stories/1997/01/27/focus1.html?t=printable




Jeff G. Hooper wrote:
Point taken.

The Florida Bills went all the way through committee. A report is to be filed by one of them. The house and senate committees voted yea at all points along the way. In other words, the bill was not stopped by anyone or anything. You can read the vote online and follow the bills if you wish. None of the hearings had an impact.

The required sunshine study was performed by one of the universities in 1993 and came back that HI should be licensed as they pose a threat to the public. At the time there were just less than 2000 inspectors in Florida. A bill cannot pass without this study in FL.

Jerry and I have in the past created and proposed a Licensing Bill that looked intimidating. It would have opened doors for inspectors. The inspectors; however could not get past the penalty and insurance requirements to see the good that would have occurred. Both required elements.

Licensing will occur in this State as it has in 27 others. It is just a matter of time.

What form it takes will be partially up to us at this time. What we no will not happen is registration, (lawmakers said no way and this has already failed), or a fair trades practice act, (what has failed for 11 straight years). The definition of insanity, doing the same thing over and over the same way and expecting a different result.

This state is highly regulated. This state regulates things many of your states would not think of.

And yes, all professions have their good and bad. A few bad contractors give them all a bad name. This state as alot of bad Realtors. That is why they have thier rep. We have our share.

The FHBA told us that we need to get it together or they would see to it that they had us licensed. Do you realy want the contractors to license us? You will have no say. They are a huge lobby body that pumps millions into the government. They have have success in two counties already.

Lobbiest are not free. We have spent thousands. Do you have one?

It will happen. If you wish to work for a licensing bill fine. Nothing less though as it would be a waste of time and money. Besides, been there, done that and that horse is dead.

The time for debate, and fighting, about licensing ran out two years ago when the groups decided to work for a common good and meeting were held with FHBA. All parties were invited. Many did not attend. Either be part of the solution, or provide a constructive alternative. Waste your time on an answer, not complaining. We have all heard the cmplaining before. We do not need to waste time arguing with you guys, time is short, the path was set years ago, only distruption is occurring on your part. Give me something constructive that can be used, not lip service.

While Mark C was president of National ASHI, he and I had our battles. What suprised us is we found that there was some common ground for the inspectors between us. We agreed to work together. As professionals.
Claude M National NAHI also had some issues with us, and us with them. We to found common ground. Unlike the two above, there were no lies and slams, only respect in our battles.

By the way, I am not an ASHI member, never have been. Will never be. My state organization has what I need, and the FL home inspectors best interest in mind. They listen to their members. That is why I think it is so funny that I keep hearing some of you use ASHI over and over. Your not paying attention are you. Or you have some bitter hate for them. Why? Not that I need to know, I really do not care. I am a FABI inspector, and I like that because we welcome everyone, including you.

When you have speakers that do not talk about marketing and litigation, but rather inspecting and building sciences I will even come to your meetings. Associations should be about educating inspectors in the field and not marketing. Marketing can be obtained anywhere. Get rich quick!

Jeff G. Hooper



Here is what I found going back to 2000, I believe this is the regulation bill that didn't pass.


Quote:
Senate Bill 1288
CODING: Words stricken are deletions; words underlined are additions.



Florida Senate - 2000 SB 1288

By Senator Sullivan





22-743A-00 See HB 465

1 A bill to be entitled

2 An act relating to home inspection services;

3 creating s. 501.935, F.S.; providing

4 requirements relating to home inspection

5 services; providing legislative intent;

6 providing definitions; prescribing certain

7 inspector qualifications and practice

8 standards; providing exemptions; requiring,

9 before inspection, the disclosure provision of

10 inspector credentials, a caveat, and conflicts

11 of interest and certain relationships, and a

12 statement or agreement of scope, limitations,

13 terms, and conditions; requiring a report on

14 the results of the inspection; prohibiting

15 certain acts, for which there are civil

16 penalties; providing that failure to comply is

17 a deceptive and unfair trade practice;

18 providing penalties; providing an effective

19 date.

20

21 Be It Enacted by the Legislature of the State of Florida:

22

23 Section 1. Section 501.935, Florida Statutes, is

24 created to read:

25 501.935 Home inspection services; qualifications and

26 standards; required disclosures before inspection; report on

27 inspection results; prohibited acts; failure to comply.--

28 (1) INTENT.--The Legislature recognizes that the

29 performance of home inspection requires certain unique skills

30 and that a home inspection should not be confused with an

31 engineering analysis, the practice of engineering, the

1

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






Florida Senate - 2000 SB 1288
22-743A-00 See HB 465




1 practice of architecture, an evaluation of compliance with

2 construction codes, a code-enforcement inspection, contracting

3 as defined in chapter 489, or an appraisal as defined in

4 chapter 475. Therefore, it is in the public interest to

5 require the disclosure of information useful in helping

6 consumers to choose a qualified home inspector, to inform them

7 of the limitations of a home inspection, and to prohibit

8 actions that conflict with the best interests of a home

9 inspector's client.

10 (2) DEFINITIONS.--As used in this section, the term:

11 (a) "Home" means any improved residential real

12 property that is a single-family detached dwelling unit, a

13 single-family dwelling unit and appurtenant common elements in

14 a multifamily structure, or a multifamily structure of four

15 units or fewer. Residential dwelling units or structures

16 include any townhouse, duplex, condominium, cooperative, or

17 timeshare property meeting such unit restriction.

18 (b) "Home inspector" means any person who provides or

19 offers to provide a home inspection for a fee or other

20 compensation.

21 (c) "Home inspection" means an examination, done for

22 compensation, of the mechanical and physical components of a

23 home through visual means and operation of normal user

24 controls, without necessarily the use of any mathematical or

25 engineering science. The inspection may include, examination

26 of the readily visible portions of the structural, electrical,

27 heating, central air-conditioning, roofing, plumbing,

28 insulation and ventilation, and cladding systems; doors and

29 windows; interior surfaces; and chimneys and fireplaces.

30 (3) HOME INSPECTION SERVICES; QUALIFICATIONS,

31 STANDARDS.--

2

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






Florida Senate - 2000 SB 1288
22-743A-00 See HB 465




1 (a) A person may not offer home inspection services as

2 a board-certified home inspector, or represent himself or

3 herself as a board-certified home inspector, unless such

4 person has passed the National Home Inspector Examination,

5 offered by the Examination Board of Professional Home

6 Inspectors, or any other examination considered to be

7 psychometrically valid by the Secretary of Business and

8 Professional Regulation.

9 (b) The minimum standard of practice for home

10 inspection by a person representing himself or herself as a

11 board-certified home inspector is the version of the Standards

12 of Practice of the American Society of Home Inspectors in

13 effect on January 1, 2000, or any other consensus-based home

14 inspection standard considered equivalent by the Secretary of

15 Business and Professional Regulation.

16 (4) EXEMPTIONS.--A person licensed as a construction

17 contractor under chapter 489, an architect under chapter 481,

18 or an engineer under chapter 471, or a person certified as a

19 building code administrator, plans examiner, or inspector

20 under part XII of chapter 460, is not required to comply with

21 this section with regard to any report, survey, evaluation, or

22 estimate made within the scope of practice authorized by such

23 license.

24 (5) DISCLOSURE.--Before entering into a contract for

25 home inspection and before performing any home inspection, a

26 home inspector must provide the following to any person who

27 will enter into a contract to have a home inspection and who,

28 as a client of the inspector, has requested the inspection:

29 (a) A written list of the home inspector's

30 credentials, including whether or not the inspector is board

31 certified.

3

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






Florida Senate - 2000 SB 1288
22-743A-00 See HB 465




1 (b) The following notice in 10-point or larger

2 boldfaced type that states:

3 "AN INSPECTION IS INTENDED TO ASSIST IN EVALUATING THE

4 OVERALL CONDITION OF A BUILDING. THE INSPECTION IS BASED ON

5 OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE

6 BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.

7 THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE

8 ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT

9 EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR IMPLIED.

10 YOU SHOULD UNDERSTAND THAT A HOME INSPECTION IS A GENERAL

11 OVERVIEW OF THE CONDITION OF THE BUILDING AND ITS COMPONENTS.

12 THE HOME INSPECTOR IS NOT NECESSARILY A PROFESSIONAL WHO IS

13 LICENSED TO MAKE DETAILED OPINIONS REGARDING ALL OF THE ITEMS

14 OR SYSTEMS INCLUDED IN THE INSPECTION. YOU ARE ADVISED TO

15 SEEK AN OPINION FROM AN APPROPRIATELY LICENSED PROFESSIONAL AS

16 TO ANY DEFECTS OR CONCERNS MENTIONED IN THE REPORT."

17 (c) A written disclosure to the client of any conflict

18 of interest or relationship held by the home inspector which

19 could adversely affect the client.

20 (d) A written statement or agreement declaring the

21 home inspector's scope of services and the limitations, terms,

22 and conditions regarding the home inspection.

23 (6) REPORT.--A home inspector must provide to the

24 client, within 3 working days after the date of the home

25 inspection or at any other time agreed upon by both parties, a

26 written report of the results of the home inspection.

27 (7) PROHIBITIONS.--A home inspector may not:

28 (a) Accept any commission, allowance, gift, or other

29 thing of value from another party dealing with a client of the

30 inspector which relates to the inspection or conditions

31 reported by the home inspector.

4

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






Florida Senate - 2000 SB 1288
22-743A-00 See HB 465




1 (b) Offer any commission, allowance, gift, or other

2 thing of value to another party dealing with a client of the

3 inspector which relates to the inspection.

4 (c) Perform or offer to perform, for a fee, remedial

5 work on a property that the inspector has inspected within the

6 preceding 12 months.

7 (d) Disclose, without the client's written consent, a

8 home inspection report to any person other than the client.

9 (![icon_cool.gif](upload://oPnLkqdJc33Dyf2uA3TQwRkfhwd.gif) FAILURE TO COMPLY; PENALTIES.--The failure to

10 comply with any provision of this section is a deceptive and

11 unfair trade practice and a violation of part II of this

12 chapter. A person who fails to comply with this section

13 commits a deceptive and unfair trade practice, punishable by

14 the penalties provided under part II of this chapter, and is

15 subject to the enforcement of remedies for the violation as

16 provided in part II of this chapter.

17 Section 2. This act shall take effect July 1, 2000.

18

19 *****************************************

20 SENATE SUMMARY

21
Provides requirements relating to home inspection
22 services. Provides legislative intent and definitions.
Prescribes inspector qualifications and practice
23 standards for home inspectors representing themselves as
board certified. Provides exemptions. Requires, before
24 inspection, the disclosure of inspector credentials, a
caveat, conflicts of interest and certain relationships,
25 and a statement or agreement of scope, limitations,
terms, and conditions. Requires a report on the results
26 of the inspection. Prohibits certain acts, for which
there are civil penalties. Provides that failure to
27 comply is a deceptive and unfair trade practice and
provides penalties. (See bill for details.)
28

29

30

31

5

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



--
Joseph Burkeson, RPI (Hooperette)

?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

Originally Posted By: bhendry
This post was automatically imported from our archived forum.



Thanks Joe,


I skimmed through and caught this:

"A 1994 Sunrise Act study concluded that the unregulated practice of home building inspection would not substantially harm or endanger the public health, safety or welfare. "

Regards,


--
Bill Hendry
Inspector Selector.com

Originally Posted By: dbowers
This post was automatically imported from our archived forum.



. I was on ASHI’s National Legislative Committee at that time, and the GEST of the study was that we weren’t perfect and we did have problems BUT not enough to go after licensing at that time.


Mark Cramer provided us with copies of the study. SORRY!!


Originally Posted By: gbell
This post was automatically imported from our archived forum.



Thank you Mr Bowers,


I know that you have no other motivation here but the truth.

That was posted by the President of FABI our biggest state association.

It is amazing what you can learn if you just sit back and watch what happens. These past couple of weeks have been very educational.


--
Greg Bell
Bell Inspection Service

Originally Posted By: jburkeson
This post was automatically imported from our archived forum.



Deleted… icon_biggrin.gif



Joseph Burkeson, RPI (Hooperette)


?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

Originally Posted By: jburkeson
This post was automatically imported from our archived forum.



It seems that there is room for interpretation concerning the ‘1993 Sunshine Study’ Mr. Jeff Hooper, President of FABI emailed me concerning this thread and said that I was free to post his response here below.


I have never met Mr. Hooper but I believe that he someone of the highest integrity, believes his cause is just and only wants what he believes is best for our profession. In theory I am in full agreement with Mr. Hooper as I too want what is best for our profession, although I do believe at this stage we are traveling down divergent paths. There is no doubt in my mind that I need further education and information concerning what happened in the past in reference to Florida HI licensing and currently what truly is the best path for us to pursue.

Jeff Hooper wrote:

You guys in Florida need to get copies of these items and read them for yourselves as these documents will have an impact on your profession. Please, by all means, do not believe me. Please, read and see for yourselves.


Dan,

I have a copy of the FL 1993 Sunshine study that I mentioned. The study does in fact state that the profession can cause harm and should be regulated. The reason the state did not regulate was because there were not enough inspectors in the state of Florida at the time to make it pay for itself.

Mark C. has been mistaken, in my opinion, on this issue since the study was performed. He and I have had numerous battles on this issue. When he was ASHI president, ASHI was against licensing in all states at that time and took the same position that NACHI is now. NACHI will probably take the same spin. Believe it or not, your organization is taking the same path. A lot of spin was abuzz with regard to the study.

Please find or locate a copy and read the entire study. You will be shocked. Since I can no longer post on you guys site, feel free to post this if you wish. The study is already in the hands of our legislature bodies with letters for some of us.

You will find when you get to know me that I do not deal in the false, only facts, as anyone who knows me knows. I will always provide you, and others in this profession, regardless of their associations with the source or ability to check things out for themselves. It is after all what it is. Feel free to contact me if you wish. Try to get those inspectors on your site to not post false information though. It kinda makes you guys look bad which directly reflects on this profession, of which many of us are proud of. The leis and false postings in my mind are what is casing the other associations to not take you guys seriously. The lies are also being copied by your opponents for production later to discredit your organization. Just trying to help. That is why I sent this to you personally. On the other hand, if the leis continue, the other associations in this state have what they will need to discredit your organization. Why would you guys want that?

Jeff G. Hooper
CGC, BN, ICC CI, SBCCI CI, RPI,


I do believe that Mr. Hooper is correct when he states that we should gather and study all of the information available, it is incumbent upon us to be well informed about HI licensing in Florida so that we can be prepared. It is truly my desire for all Florida inspectors to come together and work to provide the best answers to the pressing issue of HI licensing.


--
Joseph Burkeson, RPI (Hooperette)

?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

Originally Posted By: dharris
This post was automatically imported from our archived forum.



Quote:


The lies are also being copied by your opponents for production later to discredit your organization. Just trying to help. That is why I sent this to you personally. On the other hand, if the leis continue, the other associations in this state have what they will need to discredit your organization. Why would you guys want that?


Jeff G. Hooper
CGC, BN, ICC CI, SBCCI CI, RPI,
[/quote]Well I'll be dammed, there are others that have the same thoughts of posts made on this org, Jeff Thanks:What a breath of fresh air

For the members that stated I was expressing only MY opinions and were not shared by others, I guess I'm not the only fish in the sea of thousands


Originally Posted By: jburkeson
This post was automatically imported from our archived forum.



Deleted… icon_biggrin.gif



Joseph Burkeson, RPI (Hooperette)


?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

Originally Posted By: tallen
This post was automatically imported from our archived forum.



That’s not very nice Joe. Calling someone a “fool”.


I do not think Dan H. is a fool he is just voicing his opinion as he sees fit. Nothing wrong with that. I just wish it was in the members only section. ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)

I really thought better of you Joe


Originally Posted By: jburkeson
This post was automatically imported from our archived forum.



Deleted… icon_biggrin.gif



Joseph Burkeson, RPI (Hooperette)


?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn