October 01, 2020
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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
F.S. 468.8319
468.8319 Prohibitions; penalties.
(1) A person may not:
(a) Effective July 1, 2011, practice or offer to practice home inspection services unless the person has complied with the provisions of this part.
(b) Effective July 1, 2011, use the name or title “certified home inspector,” “registered home inspector,” “licensed home inspector,” “home inspector,” “professional home inspector,” or any combination thereof unless the person has complied with the provisions of this part.
(c) Present as his or her own the license of another.
(d) Knowingly give false or forged evidence to the department or an employee thereof.
(e) Use or attempt to use a license that has been suspended or revoked.
(f) Perform or offer to perform any repairs to a home on which the inspector or the inspector’s company has prepared a home inspection report. This paragraph does not apply to:
1. A home warranty company that is affiliated with or retains a home inspector to perform repairs pursuant to a claim made under a home warranty contract.
2. A certified contractor who is classified in s. 489.105(3) as a Division I contractor. However, the department may adopt rules requiring that, if such contractor performs the home inspection and offers to perform the repairs, the contract for repairs provided to the homeowner discloses that he or she has the right to request competitive bids.
(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest.
(h) Offer or deliver any compensation, inducement, or reward to any broker or agent therefor for the referral of the owner of the inspected property to the inspector or the inspection company.
(i) Accept an engagement to make an omission or prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, preestablished findings, or the close of escrow.
(2) Any person who is found to be in violation of any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) This section does not apply to unlicensed activity as described in paragraph (1)(a), paragraph (1)(b), or s. 455.228 that occurs before July 1, 2011.
History.s. 2, ch. 2007-235; s. 20, ch. 2010-106; s. 12, ch. 2010-176.
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