This messgae was sent to all contractors.
ATTENTION ALL LICENSED CONTRACTORS!
We need to fight again to maintain a scope of work we have been
performing for 30 years. We must address two separate proposed
injustices created by the current Senate Bill 396.
Since the inception of contractor licensing law over 30 years ago
licensed contractors have been providing home inspection and repair
services for their clients. Last year the Contractors Institute and
Representative Ritch Workman worked valiantly to restore that right when
special interests sought to ensure more profitability for themselves by
restricting the construction industry’s ability to continue performing
both services on the same residential property.
These special interests proffered the need for the restriction under the
guise of “conflict of interest”. This, of course, was (and still is)
false information with respect to legally licensed General, Building and
Residential (termed “Division 1”) contractors in accordance with F.S.
489. There are indeed unlicensed entities inspecting homes incompetently
and/or performing excessive or overpriced inspection repairs thereby
causing harm to the public - but these activities are being performed by
“unlicensed entities or persons” operating under the radar - not
properly licensed Division 1 contractors.
Rep. Workman fought for us and restored our right to continue our work
as licensed contractors unfettered and unrestricted thereby assuring a
free and competitive marketplace for the consumer along with assuring a
new layer of consumer protection. Job well done!
Now, the special interests are back. On Monday March 7th, Senate Bill
396 by way of a committee substitute, have again taken our rights away
by attempting to repeal the provision allowing a licensed Division I
contractor, whom also holds a home inspector license, from inspecting
and offering repair services to the same client.
If this restriction is enacted, it will stifle the ability of homes to
be inspected and repaired expeditiously and cost-effectively and will in
fact fatten the coffers of one license category at the expense of
another. It is imperative that clients be able to contact their
contractor and have him or her make the necessary repairs and prepare a
home inspection report stating the accurate condition of the repaired
structure. This saves time and money since it only involves one licensed
professional - not two. This is almost the “de facto” method for lenders
and investors to make a home market ready with minimal increase to the
potential buyers. The economic impact of this injustice will be far
reaching if enacted.
It is ironic that contractors have been performing the wind mitigation
inspections for homeowners and providing them with a repair work
estimate to perform the work necessary to “harden” their homes and
obtain discounts not otherwise available - but that same contractor
would not be able to perform an “eight point” visual inspection and
offer similar services. Absurd.
This Senate bill amends the Grandfathering clause by extending its
expiration date to July 1, 2012. This is simply injustice postponed. The
house bill correctly (and simply) corrects the injustice permanently by
adding three paragraphs to the existing statute under 468.8314 -
Licensure. Adding the language to this section allows current and future
licensed Division 1 contractors, One and Two Family Dwelling Inspectors
licensed under the International Code Council or The Florida Building
Code and Administrators Board, permanent access to licensure. Bravo!
We need you to contact the following legislators and let them know how
you feel about this recent substitute. Below are the following e-mail
addresses we suggest you contact. Either copy and paste the above
information in the body of the e-mail, write your own statement or use
the condensed version below:
The Subject line should read: cs Senate Bill 396
First: Please do not remove the ability to perform home inspection
services and subsequent repairs by Division I contractors who also hold
a home inspectors license. Licensed Division I contractors have been
performing these services in excess of 30 years without any problem
whatsoever and removal will cause owners of residential properties to
pay two professionals to obtain the same result they heretofore have
been able to obtain with one. If this ability is removed from the scope
of properly licensed Division 1 Contractors, it will stifle the ability
homes to be inspected and repaired expeditiously and cost-effectively
and will in fact fatten the coffers of one license category at the
expense of another.
Second: Please provide a permanent pathway to licensure by following the language of HB 849 which adds Division 1 Contractors and One and Two Family Dwelling Inspectors to F.S. 468.8314 - Licensure (see HB 849
We agree with position of the Contractors Institute and their
representatives who will be proffering this position at future committee