Official Report on Florida Licensing

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
61

I can see it now

How do you get 250 inspections fast – Charge $50 per inspection

The people who wrote this bill are not trying to protect the general public

I don’t think they are even trying to make money for a few schools - They really have no idea what they are doing on the mold side or the HI side

Everyone is qualified if they do 250 inspections - and it is going to be a real problem for someone new to get into the profession so I guess we all are happy

– What am I not seeing here??

Remember I don’t have to get paid for the inspections I just have to charge and call it income (accrual accounting)

rlb

62

Is this 2005 or 2006. I could have swore this bill was defeated in 2005. Maybe I dreamed it.

63

Gary

A little different and it passed both houses and the Gov shot it down

Can we count on him again? – Don’t know

Here is the real problem as people do the email and phone call trick the bill could get change to get better or worse depending on what side of the fence one is on.

So when one points the weakness of the bill they change it and make it worse

– This is why we should talk some of these issues out here before we jump and make mistakes –

Remember our new “friends” in other professional orgs have their own agenda which is not ours.

They have said bad things about us in the past and tried to screw us –

Why do we think that they love us today??

--------Lets get some discussion going------

rlb

64

04/03/06 HOUSE On Committee agenda-- Insurance (CC), 04/05/06, 3:30 pm

65

I was at a legislative meeting tonight where we discussed how this bill matched up in comparison to other recent bills, here is the document we used during the discussion. I posted it here so everyone can get a better picture to aid in their own decision making process.

Personally I don’t like the bill and will not be supporting it (but it is easy for me not to like legislation, so don’t take my word) neither will ASHI, FABI or NAHI. Regardless of my belief, I do believe it has “legs” and will likely pass, whether the Governor will sign it is anybody’s guess.

I suggest that Florida Home Inspectors become familiar with the text and be prepared for this bill to be signed into law. My thinking is… the House, Senate & Governor are getting tired of this thing wasting valuable time and they just want it resolved.

66

O.K. you must have 3 years to be grandfathered in. Law becomes effective 2008. But the 3 years must be in by Jan 2007. Does not make much sense.

67

Yeah, we discussed that, most likely a typo; look for the effective date to change to January 2007 prior to being finalized & signed.

68

You will need to have 3 years and 250 by January 2007 otherwise you can continue to work as long as your getting your 80 hours by Jan 2008. After Jan 2008, you must have the 80 before entering the business.

69

Jay

I do not see any requirements of what is an inspection in the count. Insurance 4 point etc.

I also do not see that they have to be in Florida. They probably should be residential and not commercial although that is not real clear.

The schooling is a big issue - and can this be out of state also??

A lot of gray all over the place.

Next item if the inspections were not visual but were invasive with test equipment would we be outside of the regulation

More gray area

Many months back I said that I was against the bill because it was a bad bill and in reality it is getting worse

Present your findings soon so we can get a POWERFUL action plan in place

The clock is running

Many of us have never gotten an email thus I am wondering if it went out at all

— See if you can have it done again – I don’t think we need to take the time to try to get the addresses off the web by hand but if that has to be then lets get some volunteers and get it done

This is too important to have all of us go off as individuals when we have so much greater clout as a group

Any other Florida members out there have any thoughts on this bill and how to make our voice heard??

rlb

70

This bill does not cover commercial inspections. Don’t mix the two as they are not the same thing.

71

My response in BLUE

72

Jay

Thank you for the online response – In may respects it is better than a PM or a phone call because all can learn based on our public dialog

That aside let me address some existing issues and some new ones

After reviewing the bill I agree with you that any inspection for a fee of any type of the named areas qualifies for the grandfather requirement of years and the count of 250. Good examples would be retired city employees like building inspectors, Fire fighters, code enforcement officers - utility workers - project manages for builders – lawn care people etc. In short anyone who has been employed that has had to inspect any of the named sub systems. This is a very large tent. – I can see someone who retires in 2010 (very well qualified) becoming a HI by stating that they met the requirements in 2007 and thus should be legal - I have no problem with the above but I am sure that this is not the intent of the bill legal or otherwise.

The reason that I introduced the term commercial inspections in the count is for a number of reasons. - Rental properties are these commercial? As I understand in Florida if it rents for less than 7 months it is commercial. That means that if we inspected it for a new owner it would not count on the 250 required and we had know way of knowing. Perhaps I am splitting hairs here but what is the difference – buildings are buildings and be it a home or a commercial structure the systems are the same. As an example my house is zoned commercial. It also looks like this bill would not regulate inspectors that would be doing commercial inspections. Perhaps this is covered under another Florida that I am not aware of???

I am now defining MANY that did not get the email about the bill. Many to me is over two. Without reviewing this thread and counting I think you will find more than two. If you feel based on your feedback that the email got to most Florida NACHI inspectors OK I have no problem. Remember when I suggested that this email be sent out it was to help us get a bigger handle on the issues rather that the few of us that have too much bandwidth and spend too much time on the BB. Job well done if you feel that National or who ever got the word out to most of our members in FL. I hope that some of our 1000 plus members think that this bill is important enough to contact you with their thoughts.

**Invasive inspections are outside the regulation question **-- Jay I agree with you but some how I would think this would open up a can of snakes in the fact that we all including the new kid on the block could work out side the bill if we did invasive inspections (non visual) This would require some minor changes in our PERSONAL SOP’s and report wording -

RICHARD BENNETT INSPECTOR - Invasive property inspections to give you a better evaluation of your investment dollar. Don’t trust just a visual inspection. I use the latest hi tec invasive toys etc. – Once again the new kid on the block qualified or not is not the question would be outside the regulation and the spirit of law. Not good

Jay - this “local chapter” thing is a little up in the air. Many $1000.00’s of dollars were raised for an educational event that I am sure went to just expenses and everyone received an excellent education experience. Now the question – WHO are the members of the chapter that owns POLK COUNTY – you and I have had conversations around this issue before when this area was under Mr. (Greg) Bell’s umbrella. I desired to re establish the chapter and you recommended that I wait. I even wanted an ELECTED BOARD AND OFFICERS something that would be a good idea for Florida and NACHI national, and in hind site you were correct. I would have not been the right person to start perhaps the largest and the best chapter in the state. I feel sure that the Central Florida Chapter members are all involved be they many (more than three) or just a few. I will request a list of members so that I can contact them one on one in-case they have fallen by the wayside. If you have a good list I would be please if you would forward it to me. I don’t want to bother the President if you have a list handy since he has a business to run with like us all “limited bandwidth”

While on the subject of limited bandwidth – Trust me I understand about 24 hrs in a day and 7 days in a week. I do not know how you do it and serve all masters with the quality that you do. Just from what you have told us the following are on your plate – Coast To Cost Home Services (That is the whole state!!) – South Florida IA – DR of Leg Affairs FL – SE FL VP -
MAP member - STATE LEG COMMITTEE Member - (Did not know that we had a committee) ------ I really don’t how you get it all done

The pulse of the FL membership is real simple and it is not the voice of the people that contact and challenge you like me. It is the voice of the people that don’t speak because they have not been ask or are so upset that that there voice has gone unheard. These are the people that we must reach out to. Yes it is hard work but that is why we make the big money.

If we don’t have the time or the desire to cook up a good meal – order out

Once again thank you for your LONG online reply – I do hope that we can get some others involved other that you and I. Otherwise we might just as well let the chips fall where others want them and then not complain if we don’t like it. At this time we can pressure the big boys if we want.

Miller time

rlb

rlb

73

Sorry to be back so soon but some other thought have come to mind – (Got to get some more booze)

Line 53 of the bill – would this include HVAC companies that are sell hi tec filters - ozone generators - UV lights in the AC return ducting – O3 generators etc. – These people are sanitizing and doing preventive activities related to mold ----- once again the bill writers do not know what they are doing

Line 97 of the bill plus — So the only thing that we have to be is a 1099 employee of the client and we are under the radar. I can even fill out the
1099 form for them and even mail it. This is not a problem and I am an employee.

Line 212 of the bill plus – I know that I am going after hairs again but what the heck – If the big boys don’t bring this things up I guess it is up to the rest of us. – 212 states in part that we have two years after enactment to comply – does this mean that to do the mold thing that they would have two years after enactment (2007 or 2008) to get insurance?? Sounds like a good deal to me

Line 255 area – If one is grandfathered what statement would one make to the client regarding the education?? (I meet the requirements??)

Line 344 plus — To be Grandfathered one must meet all the requirements
1-2-and 3 do we all understand this??

I could go on but lets hear from some other readers of the bill

rlb

74

I am glad to see that the Fair Trade Act was removed from the bill.

I am glad to see that the bill addresses payment at closing.

I am glad that the bill will require a minimum amount of education for anyone interested in getting into this business.

Overall I think that it is a weak bill and will do little to protect the consumer.

75

Thank You Mr. Schwartz. Your tireless work is very much appreciated.

76

Greg,

I believe this bill has a lot more to do with protecting the franchise companies than the consumer.

Regards

Gerry

77

I have on fairly good authority that the franchise companies are the major force promoting this year’s bill, no association seems to be for it. The only problem is that no one is speaking against this bill, it sailed through the insurance committee without a peep from the FABI or ASHI lobbyist and NACHI was not represented at all.

It might be time to get FAR involved as they will in the end become the policing body should this bill be signed into law, without proper enforcement who will the public and lawyers hold accountable??? the Realtor who referred the Home inspector of course.

Lawyers will hold the Realtors accountable for using Home Inspectors who fail to qualify because they referred them to their customer. Home Inspectors and our profession will be further under the thumb of Realtors who will now demand your resume & credentials be on file with them prior to being referred.

Home Inspector associations whose current full-membership credentials exceed the states requirements will advertise that fact to the public and Realtor community while debasing any association or independent inspectors with lessor credentials as inferior, count on it.

78

Well said Joe. Are you my twin.

79

The Bill sails through the insurance committee. hmmm, Did you expect anything less? The Bill requires insurance!

80

Golden opportunity to mention the sacristy of insurance companies in Florida who offer $300K liability policies missed, no? Maybe the lobbyist really don’t really want to see the bill stopped, what do you think?