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The Florida Senate

2009 Florida Statutes

Section 468.8319, Florida Statutes 2009

1468.8319  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:

(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, 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 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 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

History.--s. 2, ch. 2007-235.

1Note.--Effective July 1, 2010.