January 24, 2021
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Florida Senate - 2008 SB 1452

By Senator Wise

5-02987-08 20081452__

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A bill to be entitled

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An act relating to building inspection professionals;

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amending s. 468.8318, F.S.; requiring a corporation or

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partnership that offers home inspection services to have a

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home inspector of record for the corporation or

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partnership; requiring that the Department of Business and

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Professional Regulation be notified of any change in the

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home inspector of record; amending s. 468.8319, F.S.;

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revising provisions restricting a home inspector from

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performing repairs on a home following an inspection;

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prohibiting certain inducements; amending s. 468.8324,

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F.S.; revising provisions authorizing certain exemptions

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from licensure; amending s. 468.841, F.S.; clarifying

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provisions exempting home inspectors from certain

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provisions governing mold-related services; providing for

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rules; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 468.8318, Florida Statutes, is amended

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to read:

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     468.8318  Certification of corporations and partnerships.--

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     (1)  The department shall issue a certificate of

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authorization to a corporation or partnership offering home

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inspection services to the public if the corporation or

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partnership satisfies all of the requirements of this part.

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     (2)  The practice of or the offer to practice home

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inspection services by licensees through a corporation or

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partnership offering home inspection services to the public, or

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by a corporation or partnership offering such services to the

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public through licensees under this part as agents, employees,

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officers, or partners, is permitted subject to the provisions of

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this part.,

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     (a) At all times that it offers home inspection services to

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the public, a corporation or partnership must have on file with

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the department the name and license number of an individual who

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holds an active license as a home inspector in this state and is

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serving as a home inspector of record for the corporation or

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partnership. A home inspector of record may be any principal

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officer or employee of the corporation or any partner or employee

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of the partnership who holds an active license as a home

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inspector in this state.

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     (b) The corporation or partnership and the home inspector

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of record must notify the department of any change in the

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relationship or identity of the home inspector of record within

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30 days after the change. provided that

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     (c) At all times that a corporation or partnership offers

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home inspection services to the public, all personnel of the

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corporation or partnership who act in its behalf as home

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inspectors in this state must be are licensed as provided by this

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part; and further provided that the corporation or partnership

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must have has been issued a certificate of authorization by the

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department as provided in this section to conduct home

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inspections in this state.

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     (d) Nothing in this section shall be construed to allow a

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corporation to hold a license to practice home inspection

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services. No corporation or partnership shall be relieved of

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responsibility for the conduct or acts of its agents, employees,

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or officers by reason of its compliance with this section, nor

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shall any individual practicing home inspection services be

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relieved of responsibility for professional services performed by

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reason of his or her employment or relationship with a

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corporation or partnership.

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     (3)  For the purposes of this section, a certificate of

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authorization shall be required for a corporation, partnership,

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association, or person practicing under a fictitious name and

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offering home inspection services to the public; however, when an

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individual is practicing home inspection services in his or her

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own given name, he or she shall not be required to register under

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this section.

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     (4)  Each certificate of authorization shall be renewed

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every 2 years. Each partnership and corporation certified under

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this section shall notify the department within 1 month of any

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change in the information contained in the application upon which

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the certification is based.

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     (5)  Disciplinary action against a corporation or

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partnership shall be administered in the same manner and on the

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same grounds as disciplinary action against a licensed home

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inspector.

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     Section 2.  Subsection (1) of section 468.8319, Florida

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Statutes, is amended to read:

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     468.8319  Prohibitions; penalties.--

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     (1)  A home inspector, a company that employs a home

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inspector, or a company that is controlled by a company that also

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has a financial interest in a company employing a home inspector

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may not:     

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     (a)  Practice or offer to practice home inspection services

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unless the person has complied with the provisions of this part;

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     (b)  Use the name or title "certified home inspector,"

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"registered home inspector," "licensed home inspector," "home

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inspector," "professional home inspector," or any combination

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thereof unless the person has complied with the provisions of

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this part;

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     (c)  Present as his or her own the license of another;

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     (d)  Knowingly give false or forged evidence to the

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department or an employee thereof;

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     (e)  Use or attempt to use a license that has been suspended

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or revoked;

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     (f) Perform or offer to perform, within 12 months after

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completing home inspection services prior to closing, for any

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additional fee, any repairs to a home on which the inspector or

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the inspector's company has prepared a home inspection report.

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This paragraph does not apply to a home warranty company that is

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affiliated with or retains a home inspector to perform repairs

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pursuant to a claim made under a home warranty contract;

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     (g)  Inspect for a fee any property in which the inspector

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or the inspector's company has any financial or transfer

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interest;

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     (h)  Offer or deliver any compensation, inducement, or

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reward to any broker or agent therefor for the referral of the

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buyer or seller owner of the inspected property to the inspector

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or the inspection company; or

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     (i)  Accept an engagement to make an omission or prepare a

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report in which the inspection itself, or the fee payable for the

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inspection, is contingent upon either the conclusions in the

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report, preestablished findings, or the close of escrow.

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     Section 3.  Section 468.8324, Florida Statutes, is amended

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to read:

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     468.8324 Grandfather clause.--Until January 1, 2011,

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notwithstanding any other provision of this part, the department

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may license a person as a home inspector if the person:

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     (1) Has been engaged in the practice of home inspection

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services for a fee or other compensation for at least 2 years

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prior to the effective date of this part;

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     (2) Has performed 150 or more home inspections for a fee or

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other compensation;

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     (3) Is of good moral character as defined in s. 468.8313;

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and

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     (4) Has not committed any act that would be grounds for

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disciplinary actions if the person had been licensed under this

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part. A person who performs home inspection services as defined

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in this part may qualify to be licensed by the department as a

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home inspector if the person meets the licensure requirements of

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this part by July 1, 2010.

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     Section 4.  Paragraph (d) of subsection (1) and paragraph

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(d) of subsection (2) of section 468.841, Florida Statutes, are

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amended to read:

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     468.841  Exemptions.--

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     (1)  The following persons are not required to comply with

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any provisions of this part relating to mold assessment:

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     (d)  Persons or business organizations acting within the

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scope of the respective licenses required under chapter 471, part

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I of chapter 481, chapter 482, or chapter 489, or part XV of this

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chapter, are acting on behalf of an insurer under part VI of

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chapter 626, or are persons in the manufactured housing industry

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who are licensed under chapter 320, except when any such persons

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or business organizations hold themselves out for hire to the

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public as a "certified mold assessor remediator," "registered

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mold assessor remediator," "licensed mold assessor remediator,"

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"mold assessor remediator," "professional mold assessor

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remediator," or any combination thereof stating or implying

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licensure under this part.

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     (2)  The following persons are not required to comply with

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any provisions of this part relating to mold remediation:

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     (d)  Persons or business organizations that are acting

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within the scope of the respective licenses required under

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chapter 471, part I of chapter 481, chapter 482, or chapter 489,

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or part XV of this chapter, are acting on behalf of an insurer

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under part VI of chapter 626, or are persons in the manufactured

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housing industry who are licensed under chapter 320, except when

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any such persons or business organizations hold themselves out

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for hire to the public as a "certified mold remediator assessor,"

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"registered mold remediator assessor," "licensed mold remediator

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assessor," "mold remediator assessor," "professional mold

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remediator assessor," or any combination thereof stating or

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implying licensure under this part.

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     Section 5. The Department of Business and Professional

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Regulation may adopt rules pursuant to ss. 120.536(1) and 120.54,

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Florida Statutes, to administer part XV and part XVI of chapter

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468, Florida Statutes. The rules shall take effect July 1, 2010.

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     Section 6.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.

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