Florida Senate SB 1452 By Senator Wise

Similar documents
CHAPTER Committee Substitute for House Bill No. 489

ENROLLED HOUSE BILL No. 4975

CHAPTER Committee Substitute for Senate Bill No. 1520

Nevada Legal Update 4 Practice Exam. 1. Senate Bill 181 enacts provisions relating to which of the following:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Continuing Education for Florida Real Estate Professionals By Edward J. O Donnell. Update to Reflect Recent Law Changes

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

LOUISIANA REAL RULES AND REGULATIONS (As amended through June 2017)

COURSE OUTLINE SUPERVISION BROKERS, BRANCH OFFICE MANAGERS, TEAM LEADERS. I. Supervision Duties of Brokers, Managers and Team Leaders

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 731. Short Title: Community Assn. Commission/Fidelity Bonds. (Public) April 15, 2015

SENATE, No. 901 STATE OF NEW JERSEY. 209th LEGISLATURE INTRODUCED FEBRUARY 7, 2000

Arkansas Code of 1987 Annotated Official Edition by the State of Arkansas All rights reserved.

Title 32: PROFESSIONS AND OCCUPATIONS

MacIntosh Real Estate School Colorado Course - Chapter 14

Real Estate Appraisal Professional Standards

ROGER K. SHERRILL, R.E. TUTOR, ALL TRUE NEVADA LAW

22 Real Estate Licensing and

DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING

COMMERCIAL BUYER/TENANT REPRESENTATION AGREEMENT

Florida Real Estate Law Book

City of Chicago Department of Buildings RULES AND REGULATIONS FOR ANNUAL INSPECTION CERTIFICATION CONVEYANCE DEVICES

APPRAISAL MANAGEMENT COMPANY

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HP0144, LD 165, item 1, 124th Maine State Legislature An Act To Supervise and Regulate Escrow Agents in Order To Protect Consumers

AN ACT. SECTION 1. Section 5.062(e), Property Code, is amended to read as. (e) Sections 5.066, 5.067, 5.071, 5.075, 5.079, 5.081, and 5.

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018

CHAPTER Committee Substitute for House Bill No. 1243

Gulf Coast Real Estate Referrals Inc.

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2501

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

HOUSE AMENDMENT Bill No. CS/HB 411

Title 32: PROFESSIONS AND OCCUPATIONS

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

NON-EXCLUSIVE BUYER BROKERAGE AGREEMENT

P.L.2017, CHAPTER 72, approved May 11, 2017 Assembly Committee Substitute (First Reprint) for Assembly, No.1973

Module Seven. Student Learning Objectives. After completing this module you should be able to

CHAPTER APPRAISAL MANAGEMENT COMPANIES

SUBCHAPTER 58A REAL ESTATE BROKERS SECTION GENERAL BROKERAGE

Chapter Three. After completing this chapter, you should be able to

TREC Legal Update 1 Supplement

ORDINANCE NO. 14,934

Sales Associate Course

OFFER PRESENTATION. Rules Regarding Presentation of Offers

Appendix H: Commercial and Multi-Family Certificate of Inspection Permits

S 0543 S T A T E O F R H O D E I S L A N D

Chapter 1. Questions Licensees Frequently Ask the Commission

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator NELLIE POU District 35 (Bergen and Passaic)

CODE OF MIAMI-DADE COUNTY, FLORIDA CHAPTER 8- BUILDING CODE ARTICLE II. - BUILDING INSPECTORS, PLANS EXAMINERS, BUILDING OFFICIALS, CHIEF INSPECTORS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION

Alternative plans review and inspection.-- (1) As used in this section, the term:

H 7478 S T A T E O F R H O D E I S L A N D

S 2706 S T A T E O F R H O D E I S L A N D

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3329 SUMMARY

Maintaining a License.

2009 SENATE BILL 339

CHAPTER 51-A. APPRAISAL MANAGEMENT COMPANY LICENSING AND REGULATION ACT

RESIDENTIAL BUYER/TENANT REPRESENTATION AGREEMENT Austin Board of REALTORS

North Carolina Board of Examiners for Engineers and Surveyors. Application Exam

Florida Senate CS for CS for CS for SB 736

A Bill Regular Session, 2017 HOUSE BILL 1730

CHAPTER Committee Substitute for House Bill No. 517

CHAPTER 72. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

Vendor Form Property Services Agreement For The Auction of Property Other Than Land SOLE AGENCY

Ì Î LEGISLATIVE ACTION... The Committee on Finance and Tax (Storms) recommended the following:

CHAPTER 1482 RENTAL DWELLINGS DEFINITIONS. As used in this chapter:

Florida Senate CS for CS for SB's 1196 & 1222

R162. Commerce, Real Estate. R162-2e. Appraisal Management Company Administrative Rules. R162-2e-101. Title. R162-2e-102. Definitions.

STATE OF MICHIGAN COUNTY OF NEWAYGO TOWNSHIP OF BROOKS LAND DIVISION ORDINANCE NO Adopted: Effective: Amended


Chapter 2 Summary. License Law Rules and Regulations

Ch. 35 STATE REAL ESTATE COMMISSION CHAPTER 35. STATE REAL ESTATE COMMISSION

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled

II. Policies Applicable to Principal Broker Subscribers VOWs.

ARTICLE 12: RESIDENTIAL RENTAL LICENSE

2009 SESSION (75th) A AB Assembly Amendment to Assembly Bill No. 287 (BDR ) Proposed by: Assembly Committee on Commerce and Labor

Assignment of Leases and Rents

Warren F. Todd 2015 Ed Klopfer Schools of Real Estate Sarasota, Florida CE-0115

MASTER REAL ESTATE CLIENT AND LISTING REFERRAL AGREEMENT (US) Receiving Broker/Local Agent Information

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

HOUSE BILL lr3175 A BILL ENTITLED. Residential Real Property Inspection and Disclosure Mold

S 0168 S T A T E O F R H O D E I S L A N D

ADDENDUM A FIRST ADDENDUM TO CONTRACT SUMMARY OF MATERIAL DATES AND AMOUNTS IN THE AGREEMENT; CERTAIN DEFINITIONS:

NC General Statutes - Chapter 93A Article 4 1

SENATE AMENDMENTS TO SENATE BILL 277

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

The Law of Real Estate Agency for the State of Washington

S U M M A R Y. This proposed ordinance amends Chapter 9, of the 1984 Detroit City Code, Buildings and

CHAPTER SIX KANSAS STATE LICENSE LAW TABLE OF CONTENTS. Copyright 2008 by Career Education Systems, Inc. 1

IC Chapter 11. Appraisal Management Companies

Property Tax Administration Bulletin: PTA 07-06

Buyer s Initials Seller s Initials DRAFT G. SHORT SALE APPROVAL CONTINGENCY

ESCROW AGREEMENT. Vyas Realty Law (o) (f) 1100 Navaho Dr. (Suite 105) Raleigh, NC

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 229

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. Division of Real Estate Instructor Seminar 2013

PRACTICAL APPLICATIONS FINAL EXAM

CHAPTER Senate Bill No. 1830

2011 Legal Update. Seminar

"Appraisal Management Company Registration and Regulation Act."

Summary of BRE Regulations Regarding Team Names and Fictitious Business Names

Transcription:

By Senator Wise 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to building inspection professionals; amending s. 468.8318, F.S.; requiring a corporation or partnership that offers home inspection services to have a home inspector of record for the corporation or partnership; requiring that the Department of Business and Professional Regulation be notified of any change in the home inspector of record; amending s. 468.8319, F.S.; revising provisions restricting a home inspector from performing repairs on a home following an inspection; prohibiting certain inducements; amending s. 468.8324, F.S.; revising provisions authorizing certain exemptions from licensure; amending s. 468.841, F.S.; clarifying provisions exempting home inspectors from certain provisions governing mold-related services; providing for rules; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 468.8318, Florida Statutes, is amended to read: 468.8318 Certification of corporations and partnerships.-- (1) The department shall issue a certificate of authorization to a corporation or partnership offering home inspection services to the public if the corporation or partnership satisfies all of the requirements of this part. (2) The practice of or the offer to practice home inspection services by licensees through a corporation or partnership offering home inspection services to the public, or Page 1 of 6

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 by a corporation or partnership offering such services to the public through licensees under this part as agents, employees, officers, or partners, is permitted subject to the provisions of this part., (a) At all times that it offers home inspection services to the public, a corporation or partnership must have on file with the department the name and license number of an individual who holds an active license as a home inspector in this state and is serving as a home inspector of record for the corporation or partnership. A home inspector of record may be any principal officer or employee of the corporation or any partner or employee of the partnership who holds an active license as a home inspector in this state. (b) The corporation or partnership and the home inspector of record must notify the department of any change in the relationship or identity of the home inspector of record within 30 days after the change. provided that (c) At all times that a corporation or partnership offers home inspection services to the public, all personnel of the corporation or partnership who act in its behalf as home inspectors in this state must be are licensed as provided by this part; and further provided that the corporation or partnership must have has been issued a certificate of authorization by the department as provided in this section to conduct home inspections in this state. (d) Nothing in this section shall be construed to allow a corporation to hold a license to practice home inspection services. No corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, Page 2 of 6

59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 or officers by reason of its compliance with this section, nor shall any individual practicing home inspection services be relieved of responsibility for professional services performed by reason of his or her employment or relationship with a corporation or partnership. (3) For the purposes of this section, a certificate of authorization shall be required for a corporation, partnership, association, or person practicing under a fictitious name and offering home inspection services to the public; however, when an individual is practicing home inspection services in his or her own given name, he or she shall not be required to register under this section. (4) Each certificate of authorization shall be renewed every 2 years. Each partnership and corporation certified under this section shall notify the department within 1 month of any change in the information contained in the application upon which the certification is based. (5) Disciplinary action against a corporation or partnership shall be administered in the same manner and on the same grounds as disciplinary action against a licensed home inspector. Section 2. Subsection (1) of section 468.8319, Florida Statutes, is amended to read: 468.8319 Prohibitions; penalties.-- (1) A home inspector, a company that employs a home inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector may not: Page 3 of 6

87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 (a) Practice or offer to practice home inspection services unless the person has complied with the provisions of this part; (b) 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, within 12 months after completing home inspection services prior to closing, for any additional fee, 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 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; (g) Inspect for a fee 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 buyer or seller owner of the inspected property to the inspector or the inspection company; or (i) Accept an engagement to make an omission or prepare a report in which the inspection itself, or the fee payable for the Page 4 of 6

115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 inspection, is contingent upon either the conclusions in the report, preestablished findings, or the close of escrow. Section 3. Section 468.8324, Florida Statutes, is amended to read: 468.8324 Grandfather clause.--until January 1, 2011, notwithstanding any other provision of this part, the department may license a person as a home inspector if the person: (1) Has been engaged in the practice of home inspection services for a fee or other compensation for at least 2 years prior to the effective date of this part; (2) Has performed 150 or more home inspections for a fee or other compensation; (3) Is of good moral character as defined in s. 468.8313; and (4) Has not committed any act that would be grounds for disciplinary actions if the person had been licensed under this part. A person who performs home inspection services as defined in this part may qualify to be licensed by the department as a home inspector if the person meets the licensure requirements of this part by July 1, 2010. Section 4. Paragraph (d) of subsection (1) and paragraph (d) of subsection (2) of section 468.841, Florida Statutes, are amended to read: 468.841 Exemptions.-- (1) The following persons are not required to comply with any provisions of this part relating to mold assessment: (d) Persons or business organizations acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, or chapter 489, or part XV of this Page 5 of 6

144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a "certified mold assessor remediator," "registered mold assessor remediator," "licensed mold assessor remediator," "mold assessor remediator," "professional mold assessor remediator," or any combination thereof stating or implying licensure under this part. (2) The following persons are not required to comply with any provisions of this part relating to mold remediation: (d) Persons or business organizations that are acting within the scope of the respective licenses required under chapter 471, part I of chapter 481, chapter 482, or chapter 489, or part XV of this chapter, are acting on behalf of an insurer under part VI of chapter 626, or are persons in the manufactured housing industry who are licensed under chapter 320, except when any such persons or business organizations hold themselves out for hire to the public as a "certified mold remediator assessor," "registered mold remediator assessor," "licensed mold remediator assessor," "mold remediator assessor," "professional mold remediator assessor," or any combination thereof stating or implying licensure under this part. Section 5. The Department of Business and Professional Regulation may adopt rules pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to administer part XV and part XVI of chapter 468, Florida Statutes. The rules shall take effect July 1, 2010. Section 6. This act shall take effect July 1, 2010. Page 6 of 6