I was asked by an inspector to re-post this information:
It appears that the 2014 legislative session introduced new language into law that prohibits inspectors from offering kickbacks, inducements, rewards, or referral fees to insurance agents, brokers, etc. for the referral of the homeowner to the inspector for insurance related inspections. See the following excerpt from the Florida Statutes:
“627.711(6)(a) An authorized mitigation inspector may not directly or indirectly offer or deliver any compensation, inducement, or reward to an insurance agency, insurance agent, customer representative, or an employee of an insurance agency for the referral of the owner of the inspected property to the inspector or the inspection company. Section 455.227(1)(k) applies to applicable licensees in violation of this paragraph.”
Additionally, an insurance agent cannot accept a kickback, inducement, reward, referral fee from an inspector as stated in the following statute:
“627.711(6)(b) An insurance agency, insurance agent, customer representative, or an employee of an insurance agency may not directly or indirectly receive or accept any compensation, inducement, or reward from an authorized mitigation inspector for the referral of the owner of the inspected property to the inspector or the inspection company. Sections 626.621(2) and 626.6215(5)(d) apply to a violation of this paragraph.”
While the DMI Declaratory Statement (2013-039) provided legal cover for inspectors to provide kickbacks to insurance agents, it now appears to be in direct conflict with the statutes noted above. The DMI Dec. statement is still posted and visible on DBPR’s home inspector licensing web page as of today. However, any inspector relying on the DMI Dec. statement and providing kickbacks to insurance agents would be appear to be in violation of F.S. 627.711(6)(a).
From Kickbacks for insurance agents? - Page 13 - InterNACHI Inspection Forum http://www.nachi.org/forum/f73/kickbacks-insurance-agents-85015/index13.html#ixzz3PK9aWKOf