License Requirements, Delinquent License, License Renewal, Discretionary Hardship Reinstatement of Null or Void Licenses, Provider Approval, Prelicensure and Continuing Education
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NOS.:RULE TITLES:
61-30.102License Requirements
61-30.301Delinquent License
61-30.401License Renewal
61-30.403Discretionary Hardship Reinstatement of Null or Void Licenses
61-30.501Provider Approval, Prelicensure and Continuing EducationNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 6, January 9, 2013 issue of the Florida Administrative Register.
61-30.102 License Requirements.
(1) The Department of Business and Professional Regulation shall issue a license to an applicant who complies with subsection (2) or (3) and has passed the required examination if the applicant complies with the following:
(a) Complies with Tthe 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.;
(b) (c) Submits a completed Form DBPR HI 0401, “Application for Licensure” effective March 2013 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 _________________________.
(c)(d) No change.
(2) All applicants for licensure by examination applications in addition to the requirements of subsection (1), 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 includes 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. Department approved courses of study may be found at _________________.
(b) Pass an the examination as approved by the department as described in Rule 61-30.103, F.A.C.
(3) All applicants for licensure by endorsement in addition to the requirements of subsection (1), must: The Department of Business and Professional Regulation shall issue a license to an applicant applying for license by endorsement who:
(a) Comply 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 or territory of the United States;
(c) Demonstrates that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an the examination approved by the department as required by Section 468.8313, F.S. and Rule 61-30.103, F.A.C.;
(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. of $5.00
(4) Good Moral Character:
(a) The following shall be considered evidence showing a lack of good moral character for which the department may deny a licensure application: 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 consider 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 indicating the applicant has pled guilty or nolo contendere to, or been found guilty of, regardless of adjudication, a crime that directly relates to the profession of home inspector, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a home inspector include, but are not limited to, 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; and self-disclosure by the applicant establishing the applicant has no criminal record; and
2. A criminal history records check by the Florida Department of Law Enforcement which exhibits 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. It is the applicant’s repeated flaunting of or ignoring the law that evidences 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;
3.2. The presence of prior civil lawsuits decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of home inspectors or any related professions, such as construction or engineering, regardless of whether the judgments have been satisfied. 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
4. The presence of prior administrative actions taken against any of applicant’s prior or current professional licenses held in any jurisdiction, decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of home inspectors or any related professions, such as construction or engineering. Such 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;
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 failed 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:
5.a. Prior payment by check 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; and 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.
6.4. Prior denial of licensure, registration, certification, or permit application by the Department or any Agency 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.
7. Conviction of a crime as set forth in Section 775.16, F.S., pertaining to certain offenses involving controlled substances.
(b)(c) No change.
(c)(d) No change.
(d)(e) If the department determines based on the evidence provided for in subsections (4)(a) and (4)(b) of this rule that the applicant does not possess good moral character, or the applicant has failed to provide documents to substantiate good moral character 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.
61-30.301 Delinquent License.
(1) No change.
(2) A licensee may convert a delinquent status license to active or inactive 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 active or inactive current status must remit the following fees with their request to activate their license:
(a) through (e) No change.
(4) The failure of a delinquent status licensee to change the status of the license to active or inactive current before the expiration of the current licensure period shall render the license void without any further action by the department.
(5) No change.
61-30.401 License Renewal
(1) No change.
(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.
(3)(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 active or inactive 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 placed in active or inactive status, 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.
61-30.403 Discretionary Hardship Reinstatement of Void Licenses.
(1) No change.
(2) Complete the form DBPR HI 0401, “Application for Licensure”, effective July 2012, adopted and incorporated herein. 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) No Change.
61-30.501 Provider Approval, Prelicensure and Continuing Education.
(1) Applicants for prelicensure 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 $250.00 500.00 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 $250.00 500.00 with the application.
(3) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration. An approved education provider may renew the approval, whether active or inactive, by paying an Education Provider Biennial Approval Renewal fee of $250.00 500.00.
(4) No change.
