The purpose and effect of the proposed rules is to implement the regulations for Home Inspectors, enacted in Chapter 468, Part XV, Florida Statutes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.: RULE TITLE:
61-30.102: License Requirements
61-30.301: Delinquent License
61-30.302: Inactive, Active Status
61-30.401: License Renewal
61-30.403: Discretionary Hardship Reinstatement of Null or Void Licenses
61-30.501: Provider Approval, Prelicensure and Continuing Education

PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to implement the regulations for Home Inspectors, enacted in Chapter 468, Part XV, Florida Statutes.

SUMMARY: The proposed rules address the licensing and regulation of home inspectors in Florida under Section 468.83, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency. The following is a Summary of the Statement of Estimated Regulatory Costs approved by the Department:

The rules are not likely to directly or indirectly have an adverse impact on economic growth; private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

The rules are not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

The rules are not likely to directly or indirectly to increase regulatory costs, including any transaction costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

The number of individuals and entities likely to be required to comply with the rules based on the number of licensed Home Inspectors over the last two years will be approximately 7000, active and inactive.

The department will not incur any costs for implementing or enforcing the proposed rules.

There will be no cost to any other state and local government entities of implementing the proposed rules.

The total estimated costs to the licensees in a 5 year period is not in excess of $1 million in the aggregate within 5 years after the implementation of the rules.

The estimated number of small businesses that would be subject to the rules is greater than 5000.

There is no small county or small city that will be impacted by the rules.

The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S. Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

OTHER RULES INCORPORATING THIS RULE: None

EFFECT ON THOSE OTHER RULES: None

RULEMAKING AUTHORITY: 455.02(2), 455.2035, 455.217(1), 455.219, 468.8313(7), 468.8315, 468.8316, 468.8317, 468.8325 FS.
LAW IMPLEMENTED: 455.02(2), 455.2122, 455.213, 455.2178, 455.2179, 455.219, 455.271, 468.8312, 468.8313, 468.8314, 468.8315, 468.8316, 468.8317 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

61-30.102 License Requirements

(1) The Department of Business and Professional Regulation shall issue a license to an applicant who has passed the required examination if the applicant complies with the following:

(a) Complies with the requirements as set forth in Chapter 468, Part XV, F.S.;

(b) Demonstrates that the applicant has passed a national licensing examination that is substantially equivalent to the examination required by Section 468.8313, F.S.;

(c) Submits a completed Form DBPR HI 0401, “Application for Licensure” effective July 2012, adopted and incorporated herein by reference, which may be obtained by contacting the Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at ______________________________________.

(d) Submits the following fees with the application:

1. Application fee of $125.00

2. Licensure fee of $100.00

3. Unlicensed Activity fee. $5.00

(2) All applications must:

(a) Provide proof of completion of a course of study approved by the department in home inspection services of not less than 120 hours that which include all eight components of a home as set forth in Section 468.8313(2), Florida Statutes. In addition, the course must provide 20 hours of field-based practical coursework demonstrating all eight components of a home as set forth in Section 468.8313(2), Florida Statutes, under the direct supervision of a licensed Florida home inspector.

(b) Pass the examination described in Rule 61-30.103, F.A.C.

(3) The Department of Business and Professional Regulation shall issue a license to an applicant applying for license by endorsement who:

(a) Complies with the requirements set forth in Chapter 468, Part XV, F.S.;

(b) Demonstrates that the applicant is currently licensed to practice as a home inspector under the law of another state;

(c) Demonstrates that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to the examination required by Section 468.8313, F.S.;

(d) Submits a completed Form DBPR HI 0401, “Application for Licensure” effective July 2012, adopted and incorporated herein by reference, which may be obtained by contacting the Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at ______________________________________.

(e) Submits the following fees with the application:

1. Application fee of $125.00

2. Licensure by Endorsement fee of $100.00

3. Unlicensed Activity fee. $5.00

(4) Good Moral Character:

(a) Unless the department denies the application for incompleteness, the department shall evaluate the application and make appropriate inquiry to determine the applicant’s moral character. The department shall use the following as evidence of the applicant’s good moral character:

1. A criminal history records check by the Florida Department of Law Enforcement and self-disclosure by the applicant establishing the applicant has no criminal record; and

2. An affirmation by the applicant of an absence of civil lawsuits or administrative actions decided adversely to the applicant which involve matters bearing upon moral character. Such lawsuits or administrative actions include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule; and

3. An affirmation by the applicant of an absence of prior violations of Florida Statutes, or rules adopted by the department, or any lawful order of the department previously entered in a disciplinary proceeding, or of failing to comply with a lawfully issued subpoena of the division; and

4. An affirmation by the applicant that he or she has not committed the following in connection with an application:

a. Given to the department a check for payment of any fee when there are insufficient funds to pay the same, if the applicant, upon notification by the department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the department; or

b. Failed to provide full and complete disclosure or failed to provide accurate information.

(b) If the department is unable to determine the applicant’s moral character under paragraph (4)(a), the division shall then consider the following additional factors to determine whether an applicant has good moral character:

1. If commission of a second degree misdemeanor is the only reason the applicant did not meet the requirements of paragraph (4)(a) of this rule, the applicant will be considered to have good moral character. However, if there are also other reasons why the applicant did not meet the requirements of paragraph (4)(a) of this rule, the second degree misdemeanor will be considered along with the other factors in determining the applicant’s good moral character;

2. If the applicant has committed a first degree misdemeanor or a felony, and the applicant’s civil rights have been restored, this alone shall not preclude a finding of good moral character unless the crime is directly related to the professional responsibilities of a home inspector. Crimes that are deemed to be directly related to the professional responsibilities of a home inspector include, for example, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury. The applicant has the burden of proving restoration of civil rights by certified true copy of government or court records reflecting such action.

3. Whether the applicant has exhibited a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. All unlawful acts will be considered in determining whether the applicant has exhibited a pattern of unlawful behavior, even though any one of the unlawful acts by itself might not be directly related to the professional responsibilities of a home inspector. It is the applicant’s repeated flaunting of or ignoring the law that evinces a lack of the moral character needed to perform the duties and assume the responsibilities of a home inspector, not the particular relationship of any one of the violations to the professional responsibilities of a home inspector.

4. Whether the applicant is disqualified from applying for a license by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

(c) The department shall consider any documentation provided by the applicant in determining the applicant’s good moral character. The following documentation may be provided by the applicant to the department to assist in the determination of moral character:

a. A statement from the applicant explaining the applicant’s criminal/unlawful conduct and the reason the applicant believes the Department should issue the license;

b. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred;

c. Documentation evidencing successful rehabilitation;

d. Recommendations from parole or probation officers who have supervised the applicant;

e. Recommendations from the prosecuting attorney or sentencing judge;

f. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer;

g. Police reports or transcripts which reveal the underlying facts of the crime;

h. Documentation evidencing that the conduct was an isolated occurrence contrary to the applicant’s normal pattern of behavior; and

i. Documentation evidencing community or civil activities with which the applicant has been associated. It is the applicant’s responsibility to provide such mitigating evidence to the department.

(d) If the applicant makes incomplete, misleading or false statements regarding material facts in making an application, such action will establish the applicant’s lack of good moral character, and the application will be denied.

(e) If the applicant has failed to meet the requirements of paragraph (4)(a) of this rule and has been unable to present sufficient evidence to establish good moral character pursuant to paragraph (4)(b) of this rule within the time limitations of this rule and Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the Department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the Department that, through the submission of additional information or with additional time for investigation and verification, the applicant’s good moral character might be established. The applicant bears the burden of affirmatively providing the Department with evidence of good moral character.

Rulemaking Authority 455.2035, 455.217(1), 468.8313(7), 468.8325 FS. Law Implemented 455.213, 468.8313, 468.8314 FS. History – New ______.

 

61-30.301 Delinquent License

(1) Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status.

(2) A licensee may convert a delinquent status license to current status by making a request in writing, remitting the fees as listed below, and complying with the continuing education requirements of Section 468.8316, F.S. and Rule 61-30.402, F.A.C.

(3) Licensees who wishes to convert a delinquent status license to current status must remit the following fees with their request to activate their license:

(a) Delinquent fee of $100.00;

(b) Past Due Renewal fee of $100.00;

(c) Past Unlicensed Activity fee of $5.00;

(d) Renewal fee of $100.00;

(e) Unlicensed Activity fee of $5.00

(4) The failure of a delinquent status licensee to change the status of the license to current before the expiration of the current licensure period shall render the license void without any further action by the department.

(5) A revoked or void license may not be renewed. Anyone with a revoked or null and void license who wishes to provide professional home inspection related services shall:

(a) Apply as though he or she had never before been licensed; or

(b) Apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S and Rule 61-30.403, F.A.C.

Rulemaking Authority 455.2035, 468.8315, 468.8325 FS. Law Implemented 455.271, 468.8312, 468.8315, 468.8317 FS. History – New ________.

 

61-30.302 Inactive, Active Status

(1) A licensee may request during the renewal period to place his or her license in an inactive status by making a request in writing and remitting the required fees to the department.

(2) Licensees who wish to convert an active status license to an inactive status license during the renewal period must remit the following fees with their request to activate their license:

(a) Change of Status: Set to Inactive fee of $100.00;

(b) Unlicensed Activity fee of $5.00.

(3) A licensee may apply to the department at a time other than during the renewal period, to change the status of their license by submitting form #DBPR HI 0402, “Change of Status Application”, effective July 2012, adopted and incorporated herein by reference, which may be obtained by contacting the department at the following address: Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at ___________________________________. The Licensee must remit the following fees to the department and comply with the continuing education requirements of Section 468.8316, F.S.:

(a) For licensees applying to change their licensure status from active to inactive, pay Change of Status: Set to Inactive fee of $100.00;

(b) For licensees applying to change their licensure status from inactive to active, pay Change of Status: Set to Active fee of $200.00;

Rulemaking Authority 455.2035, 468.8317, 468.8325 FS. Law Implemented 455.271, 468.8312, 468.8315, 468.8317 FS. History – New ______.

 

61-30.401 License Renewal

(1) A license shall be renewed biennially on or before July 31 of even numbered years.

(2) A licensee will renew a license, whether active or inactive, by paying a biennial license renewal fee of $100.00, an unlicensed activity fee of $5.00, and completing the continuing education as described in Section 468.8316, F.S. & Rule 61-30.402, F.A.C.

(3) A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt from all licensure renewal provisions during such absence. The licensee must show proof to the department of the absence and the spouse’s military status.

(4) Failure to renew a license, unless exempt as a military spouse, renders the license delinquent. Delinquent status may last one full renewal cycle. A delinquent license can be returned to current status by completing the required continuing education and paying the appropriate fees as described in Rule 61-30.301, F.A.C., If, at the end of the delinquent biennium, the license is not brought current it becomes void.

(5) A revoked or void license may not be renewed. Anyone with a revoked or null and void license who wishes to provide professional home inspection related services shall apply as though he or she had never before been licensed or apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S and Rule 61-30.403, F.A.C.

Rulemaking Authority 455.02(2), 455.2035, 468.8315(2), 468.8325 FS. Law Implemented 455.02(2), 455.271, 468.8315, 468.8316 FS. History – New ______.

 

61-30.403 Discretionary Hardship Reinstatement of Void Licenses

(1) A former licensee may apply to seek department approval for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in section (2) and (3) of this rule.

(2) Complete the form DBPR HI 0401, “Application for Licensure”, effective July 2012. The form may be obtained by contacting the department at the following address: Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at ____________________________________. The application shall include a letter requesting reinstatement under this rule and documentation to establish illness or economic hardship including the nature and duration.

(3) The applicant shall complete of 14 hours of approved continuing education and pay an Application fee of $125.00, Licensure fee of $100.00, and a Delinquent fee of $100.00.

Rulemaking Authority 455.2035, 455.219, 468.8315, 468.8325 FS. Law Implemented 455.271 (6)(b), (9), 455.219, 468.8314, 468.8315 FS. History – New ______.

 

61-30.501 Provider Approval, Prelicensure and Continuing Education

(1) Applicants for initial course provider approval shall complete and submit Form DBPR HI 0403, “Application for Education Provider”, effective July 2012, adopted and incorporated herein by reference, which may be obtained by contacting the department at the following address: Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at _____________________________________________. Applications for initial course provider approval must submit the Prelicensure Education Provider Approval fee of $500.00 with the application.

(2) Applicants for continuing education provider approval shall complete and submit Form DBPR HI 0403, “Application for Education Provider”, effective July 2012, which may be obtained by contacting the department at the following address: Home Inspector Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783, at ___________________________________. Applications for initial course provider approval must submit the Continuing Education Provider Approval fee of $500.00 with the application.

(3) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration. An apoproved education provider may renew the approval, whether active or inactive, by paying an Edcuation Provider Biennial Approval Renewal fee of $500.00.

(4) Any applicant who submits the form number DBPR HI 0403, “Application for Education Provider”, with the fees as described above, will be approved as a course provider upon meeting applicable requirements as set forth in Rules 61-30.502, and 61-30.0503, F.A.C.

Rulemaking Authority 455.2035, 468.8313, 468.8316, 468.8325 FS. Law Implemented 455.2122, 455.2178, 455.2179, 468.8313, 468.8316 FS. History – New ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2012

DATE THE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2012