You guys are right. Mandatory E&O is not a good idea. Didn’t think that one through. All apologies.
Trying to convince someone based solely on your personal situation will get you nowhere. That and 62 cents will get you a cup of coffee at the gas station. Everyone needs to know and understand what the Florida Sunrise Act states and what is its purpose.
Does look like that statute would prevent this bill from passing
Doug,
What would be the best way to convince them. Should one call and say that they feel the bill violates the Sunrise Act? How can we use the Sunrise Act on our behalf?
Perhaps someone can email a copy of the bill to the Attorney General with a written concern in this regard. He wouldn’t happen to be from an opposing political party by any chance, would he?
Main office mailing address
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050 Main office telephone numbers
Switchboard: 850-414-3300
SunCom: 994-3300 Citizens Services: 850-414-3990
Florida Relay/TDD: 800-955-8771
Florida Toll Free: 1-866-966-7226
Fax: 850-410-1630
SunCom Fax: 210-1630
You have to remember these state legislators are mostly regular citizens since we instituted term limits in FL and many of the old “Boss Hogg” types had to go find real employment. Many probably are not even knowledgeable about the Sunrise Act. Point out the obvious to them; how the bill “clearly violates” the intend and spirit of the Sunrise Act. Imagine if all 1400 + Nachi inspectors in Florida were to pour in their protests to each and every committee that has to see these bills, pointing out their displeasure and show a willingness to show up in Tallahassee in mass or to ban together and sue them individually if necessary for “not following and obeying the State Constitution they took an oath to”. You only have to “remind” them of their oath of office, and show them we are not a bunch of ignorant, hayseeds who are just going to roll over, drop our trousers and say nothing; accept a licensing law as “inevitable”, can’t fight city hall and all that crap mentality. That it how it has gotten enacted in most States. Those States where there have been people paying attention and fighting it are still around. Every year though some group trying to position themselves tries it again. Remarkably the bills all sound and read the same. It is a canned bill and through shear persistence it ends up happening because enough people, including HI give up and accept it. There are some lobbyist who have made a great deal of money pimping this issue, year after year, promising to “get er done” this year.
Excellent observation.
Many point to the states that have been negligent and allowed the RE lobbyist, trial lawyers, and ASHI to push their agenda…and say it is “inevitable”, but this is not true. Where there has been strong and organized opposition to a home inspection law, the law has not passed.
This is the email I recieved from Senator Wise’s office. I guess we should call him.
Tomorrow looks like the last chance to voice are concerns. The session take place on Tuesday the 6th.
Thank you for your e-mail. Unfortunately, I am unable to respond to you personally because of the large volume of e-mail which I receive at this address. My staff and I will be periodically reviewing the e-mails and will attempt to respond to as many as possible.
The 2007 Legislative Session will convene on March 6th. You may access information on bills or download Senate and House calendars by visiting the legislature’s website at www.leg.state.fl.us. If you are a constituent of Senate District 5 and need assistance, please call my district office at (904) 381-6000.
Thank you for your patience.
Senator Stephen R. Wise
District 5
House Bill was submitted yesterday
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h1399_.doc&DocumentType=Bill&BillNumber=1399&Session=2007
I guess we will have to wait to see what happens.
Doug how long does it usually take to get the outcome?
I believe that the reason the wind mitigation inspections was put on the bill was so that the Sunshine act will not be applicable.
The state can now get around it be stating there is need for regulation to be able to run the wind mitigation inspection program.
If you are eligible on the date it starts (July 2007) you have until January 2009 to exercise your right to be grandfathered to get your license, after that the Grandfather clause expires and your prior experience & training are meaningless. The key here is that you must qualify when the law take effect, July 2007, the 2009 date is the grandfather expiration date.
This bill was discussed at Tuesdays Tampa ASHI meeting, someone used the ASHI legislative guide to score the bill which has a scale of 0 to 125, the bill scored a 53 and the Tampa local ASHI chapter will not be supporting adoption of the bill in its current form.
I am currently in the process of permanately moving to Florida and as of Jan 3,2007 am aregistered Corp. in the state of Florida. My question where specifically in the Sunrise Act are you guys referring to that would help in preventing the bill. I just am not seeing a specific clause. Rob
Whether the regulation will have an unreasonable effect on job creation or job retention in the state or will place unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a given profession or occupation to find employment; (d) Whether the public is or can be effectively protected by other means;
This is just my opinion after watching this process since 2003.
I do not believe that using the Sunrise strategy will work at this juncture. The reason is because the state has an insurance crisis on its hands and as part of the plan to address this issue has rolled the wind mitigation inspections into this bill which will nullify the Sunrise argument by proving the need.
A better strategy might be to request the home inspector bill be decoupled from the wind mitigation portion, that way Sunrise would still apply. Another tactic might be to attack the Grandfather clause as unfair and demand that all inspectors must comply with whatever they come up with as qualifications which might help in watering down and lowering the bar further.
Has anybody heard from the “coalition” that Jay was part of a few months back, as to their take on this? Do they have a strategy that they are employing, presently?
Based on previous statements, my guess is that the coalition would deem this bill as being insufficient in its ability to both raise the bar and protect the public and will not be seeking its passage into law.
But who knows, there might be those who believe that the current *weakness *will be eliminated in 2009 and then more stringent bar raising qualifications can easily be adopted and will be supporting the bill.
In any case it appears that we have been blessed by living in interesting times. 
Indeed.
As you say, the exclusionists will be served by this legislation as it hacks away at what they consider to be the over abundance of inspectors in Florida. Once eliminated, so is the opposition to any refinement efforts to follow. Very good point.