The latest on Fl legislation? Is there any?

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



Just wondering what the latest is on FL legislation for Home Inspections? I have been following but have not heard much lately?


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





http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0509.html&Directory=session/2004/House/bills/billtext/html/

01/16/04 HOUSE Prefiled 01/27/04 HOUSE Referred to Agriculture; Business Regulation; Finance & Tax; Agriculture & Environment Appropriations (AP); Appropriations 02/05/04 HOUSE Withdrawn from Agriculture; Business Regulation; Finance & Tax; Agriculture & Environment Appropriations (AP); Appropriations; Withdrawn prior to introduction


This is a Senate bill requiring home inspectors to carry surety bond in the amount of the value of the house you are inspecting and at the least $100,000 surety bond
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1120.html&Directory=session/2004/Senate/bills/billtext/html/

This is the Senate bill:
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2016.html&Directory=session/2004/Senate/bills/billtext/html/
02/09/04 SENATE Prefiled


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



So does our NACHI test fill the requirement as a psychometrically vlaid test? I have the required course work/hours under my belt…whats next?


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



Our new proctored one is but it’s no barrell of laughs. 300 questions. With a tougher pass/fail rate than http://exams.nachi.org/stats.php We’ve been able to use the popularity of our current entrance exam to gather more stats than anyone else. You might want to just take the NHIE when the time comes as I suspect it will be easier.


Nick


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



Not clear on this issue has it been approved or has it been delayed.I’m new to the Inspection bus. but want to stay one. 90 hrs Ed.with ITA 4years lic.carpentry & repairs 25 yrs plumbing related ind.


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



Join me at our Florida legislative meeting at http://www.nachi.org/pensacola.htm


Nick


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: jpeck
This post was automatically imported from our archived forum.



I just got back from the FABI conference (where ALL Florida HIs should have been icon_smile.gif ).


I doubt that the licensing bill will pass this year because the climate is not 'for licensing' in the legislature, especially this year (it seems to get tighter every year, so who knows when it will happen - it will, just don't know WHEN).

One thing you have to remember (I stressed this at the FABI meeting): Licensing IS NOT for the HI, licensing IS FOR the general public.

The only good licensing bill IS A STRONG licensing bill, one that protects the consumer. Does that mean it will be harder to get into this business? A) It should not be done for that purpose, it is not to "protect" anyones current turf. B) New inspectors will need to demonstrate a level of knowledge and skill.

IT WILL NOT BE "ASHI". It will have, must have, minimum experience and knowledge requirements.

Anyone who thinks otherwise is expecting something they will never get - protection - as in "Let me in, I am knowledgeable, but don't make me demonstrate my knowledge through experience or making me take a test - TRUST ME, I am smart, I know what I am doing." That will not cut it.

If the shoe fits, wear it.

To those who did attend the NACHI meeting, how did it go?


--
Jerry Peck
South Florida

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



Jerry,


EXCELLENT points!! I truly mean it. Being a former history major and somewhat intune with general politcal policies. I agree that the licensing should be to protect the consumer. I feel we are at a very interesting cross roads with the way the industry will go. Although I am realtively new to the industry officially (94 inspections) I have done all i can to make my inspections better and myself more knowledgeable. We all had to start somewhere, no one was born with all the answers, nor will we have them all the time because of the constant changes in the building, realtor, housing market place. I hope that the state will recognize that just because one belongs to a organization it does not make them the best or competent. If a licensing bill is to go through we must do what we can to make it fair and representitive to all. This industry is dominated by 45+ old people and someday you will retire/quit; if the opportunities are not available who will do the work?

Well it late and I'm rambling...this could turn into a "Jerry maguire" mission statement if I'm not careful.

Thanks for the info.

John


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



jburkeson wrote:
jpeck wrote:

IT WILL NOT BE "ASHI"


I don't believe this for one minute, if it wasn't for A$HI there would be no licensing effort in Florida at all.


Joe,

You newcomer ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif) , you just spout off not knowing anything about the history of licensing in Florida.

I've been involved since the beginning of time (for licensing in Florida). I have been to Tallahassee about 3 or 4 times for sub committee (back when the DBPR was the DPR and the Chairman was a Representative from down here, who co-sponsored the bill with a Senator from down here) and DPR committee meetings. Back when we had a Sunrise Study to see of licensing was 'needed'. I'm going back to 1993 or 1994, maybe even a little earlier than that (time marches on and the memory of past events begins to fade).

ASHI was only behind this to the extent that Mark Cramer and another inspector from the Tampa area were part of the 'group'. NAHI was involved by virtue that one of the groups members was a NAHI member and was pushing NAHI agendas. The rest of us were FABI and ASHI, and were pushing the ASHI part OUT of it. NO licensing should contain any reference to a national association. Think of those states that have, and what problems they will find themselves in when ASHI crashes and burns (it might happen, over branding, just might ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif) ).

Joe, you need to pull your head out of your A$HI-hating butt once and a while and see the real world which lies just outside your grasp (you are in an unreal world in the Tampa area, the real world is not like that).

You need to begin to view things like they could be. Or are you just a negative sort and you will always be negative, regardless?


--
Jerry Peck
South Florida

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



Jerry,


I am not negative merely to be negative, just like your not for licensing in Florida just because you will naturally be grandfathered and protected. ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)

Joe Burkeson


--
Joseph Burkeson, RPI (Hooperette)

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

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



Damn it Jerry, quit soft-shoeing it and tell us interested readers what you really think.


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



Quote:
maintain

14 a surety bond in an amount at least equal to the value of any

15 home he or she inspects, but in no event less than $100,000.

16 The bond shall be payable to any person for whom the inspector

17 has performed inspection services and be conditioned upon the

18 inspector's compliance with all laws, rules, and ordinances

19 applicable to home inspection services.



Well, down here that means a minimum of $200,000. The average price of a home in Broward county is $240,000. What about the homes that are in the million dollar plus range. Who do you think is going to get rich off of this?

And this is another bad area of this bill, exemptions:
Quote:
17 (a) A construction contractor licensed under chapter

18 489.

19 (b) An architect licensed under chapter 481.

20 (c) An engineer licensed under chapter 471.

21 (d) A building code administrator, plans examiner, or

22 building code inspector licensed under part XII of chapter

23 468.

24 (e) A certified real estate appraiser, licensed real

25 estate appraiser, or registered real estate appraiser licensed

26 under part II of chapter 475.



An architect licensed under chapter 481. These are the ones who come up with the screwed up plans that lead to some of the problems we find.

An engineer licensed under chapter 471. These are no better than the architects!

A certified real estate appraiser, licensed real

25 estate appraiser, or registered real estate appraiser licensed

26 under part II of chapter 475.

This group can't even get their job right much less inspect a house! I have had three appraisals on my home since I have owned it. All three stated that I had a terrazzo floor. Guess they never heard of linoleum, because that is what is in the bathrooms and at one time, the kitchen before the wood floors went in! The house has a concrete slab under the flooring.

This bill doesn't protect anyone. It just lines the pockets of the insurance companies and the other special interest groups involved. Flor-i-duh politics as usual!


--
Eric Van De Ven
Owner/Inspector
Magnum Inspections Inc.
I get paid to be suspicious when there is nothing to be suspicious about!
www.magnuminspections.com

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



Eric,


You've got to read the entire sentence. I'll highlight it for you.

(5) EXEMPTIONS.--The following persons are not required to comply with this section with regard to any valuation condition, report, survey, evaluation, or estimate rendered within the scope of practice authorized by such license, except when such persons are operating within the scope of this section:

Those licensed individuals MUST be exempted when acting within the scope of their licensing.

HI licensing cannot affect or change any other licensing.

However, when acting OUTSIDE the scope of their license, and when they "are operating within the scope of this section", they must also be licensed HIs.

The bond was something I was not for (I inspect many $2 mill to $6 mill homes, and a few to $15 mil, think I want to buy a bond for that??????). You think I'm CRAZY or sumptin?

If you've been following this tread, you will remember I said I hope this does not make it this year either. Maybe next year we can get the lawyers and lobbyists to leave it alone more like we wanted it.


--
Jerry Peck
South Florida

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



So, basically, they are not allowed to perform inspections unless it is what they do normally which they don’t!


Why even have any exemptions?


The bond is ridiculous. Sound like inspection prices are going up!!LOL ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif)


--
Eric Van De Ven
Owner/Inspector
Magnum Inspections Inc.
I get paid to be suspicious when there is nothing to be suspicious about!
www.magnuminspections.com

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



Eric,


Say you are an a/c contractor, you are exempt when doing your a/c work. But, transgress into a home inspection, and you would need to be licensed.

Licensed professional who look at houses MUST be exempt to do what their other license allows them to do. But only as long as they do what their license covers.

The bond? BBBBAAAADDDDD idea.

Just work to make it fail.


--
Jerry Peck
South Florida

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



Jerry P.


Keep up the good work in staying on top of the situation in Florida.


--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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



Those who ARE in favor, are in favor because they believe (wrongly) that it will “cut competition”, not create a safer industry!


Guys, this bill is REALLY BAD on NUMEROUS FRONTS!!

1. It means that, good or bad, any inspector in business less than 2 years by July 2004 is basically out of business since he or she fails to be grandfathered in!

2. They will need to stand idly by waiting for this psychometrically examination that has yet to be determined!

3. It goes into effect July 2004, making it a misdemeanor of the second degree for those who want to continue to earn an income in a Right To Work State.

4. I disagree with Jerry in that it the bill does say that if you are a construction contractor, an architect, an engineer, a building code administrator, plans examiner, or building code inspector, a certified real estate appraiser, a estate appraiser, a registered real estate appraiser, a WDO inspector, a firesafety inspector, or a insurance adjuster...AND you feel the need to ACT AS A HOME INSPECTOR for a transaction, then you CAN!!! I don't know what part of that Jerry did not understand.

5. It says that despite ability, good or bad, if you have been home inspecting for 2 years come July 2004...you can continue to do the job.

And I could go on! ASHI and FABI are the guys pushing this bill through because they want to believe that "their" tests will be the one accepted!

FABI and ASHI have said CLEARLY that they have hired Lobbyist on THEIR BEHALF to pass this bill. Stop sugar coating it!!

Guys, PLEASE...know this...this bill will put guys out of business and will not do anything but put the wrong guys in business!

STAND UP, don't let them pass this bill designed to help ASHI and FABI "market" themselves as associations with "acceptable psychometrically examinations".

Remember that Laws are supposed to be passed will "the people" are at risk...not the Associations! To say nothing about the fact that those who are ALREADY doing Home Inspections are supposed to have "equal protection under the law"...that is not the case here and as such those Senators and Representatives who are pushing this through, for ASHI and FABI, are violating the oath they took when they were voted into office.


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



hgordon wrote:
Those who ARE in favor, are in favor because they believe (wrongly) that it will "cut competition", not create a safer industry!


Jerry P.: Gee, I sure am glad the YOU know why I am now for this. A great big thank you for clearing that up for me.

Quote:
Guys, this bill is REALLY BAD on NUMEROUS FRONTS!!


Jerry: Well, let's check out the following:

Quote:
1. It means that, good or bad, any inspector in business less than 2 years by July 2004 is basically out of business since he or she fails to be grandfathered in!


Jerry: Only partially correct. If you have been in business 2 years, the bill provides up to one year to take advantage of the grandfather clause, thus, the 2 year person would have the stated 3 years at that time. I wanted the effective date of the licensing to take place one year after the law takes effect and the law to take effect at a date one year after being signed into law. This would have given those who just started the required 3 years by the end of the grandfathering clause time period (1 year delay in the law taking effect, 1 year delay in the licensing taking effect, then 1 year grandfathering = 3 years). Another reason for the delay was to allow for all requirements to be developed, discussed, beat about, then put into effect. As you can see, I was in the minority and did not get that delay.

Quote:
2. They will need to stand idly by waiting for this psychometrically examination that has yet to be determined!


Jerry: See my response above.

Quote:
3. It goes into effect July 2004, making it a misdemeanor of the second degree for those who want to continue to earn an income in a Right To Work State.


Jerry: Gee, three of the first three are related to one single aspect. Is that to make the list longer? See my response above.

Quote:
4. I disagree with Jerry in that it the bill does say that if you are a construction contractor, an architect, an engineer, a building code administrator, plans examiner, or building code inspector, a certified real estate appraiser, a estate appraiser, a registered real estate appraiser, a WDO inspector, a firesafety inspector, or a insurance adjuster...AND you feel the need to ACT AS A HOME INSPECTOR for a transaction, then you CAN!!! I don't know what part of that Jerry did not understand.


Jerry: It would be nice if you could read and understand what you read.

Let's go over these one-by-one-by-one. Just to help you out in plain english.

(5) EXEMPTIONS.--The following persons are not required to comply with this section with regard to any valuation condition, report, survey, evaluation, or estimate rendered within the scope of practice authorized by such license, except when such persons are operating within the scope of this section:

Quote:
5. It says that despite ability, good or bad, if you have been home inspecting for 2 years come July 2004...you can continue to do the job.


Jerry: Not really, but that is consistent with you other comments above, which were also incorrect.

The rest of your comments falls down to the level of some type of Joe B. rant (sorry, Joe, but you have become know for these rants, so I guess they are now 'Joe B. rants'). Rally against all evil. Down with the Evil Empire. May the Force be with you. Do you want to borrow my light saber?


--
Jerry Peck
South Florida

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



I value you as a great source of knowledge as it relates to inspecting, but your ability to see through a political massacre is jaded. I do not say that to “kiss up” to you, but to say that many others that are for this are people who also respect your opinion, do the right thing and call them (including the officers of ASHI and FABI) and strongly advise them to be against THIS BILL as it stands…IN ITS ENTIRETY!


When the lawmakers put up a bill that is RIGHT, I also will stand up for it. But the truth is that RIGHT IS RIGHT EVEN IF NO ONE IS DOING IT, AND WRONG IS WRONG EVEN IF EVERYBODY IS DOING IT!