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<DIV>
<DIV>Bob</DIV>
<DIV> </DIV>
<DIV>What am I missing the enrolled version of the 713 bill, which is the last
bill approved to be passed to the governor for signature has the language in
it.......... I think.. Did 713 not get signed by the governor.... </DIV>
<DIV> </DIV>
<DIV>See the language</DIV>
<DIV> </DIV>
<DIV>(f) Perform or offer to perform, prior to closing, for any 654 additional
fee, any repairs to a home on which the inspector or 655 the inspector's company
has prepared a home inspection report. </DIV>
<DIV> </DIV>
<DIV>This paragraph does not apply to:</DIV>
<DIV> </DIV>
<DIV> 657<BR>1. A home warranty company that is affiliated with or 6</DIV>
<DIV> </DIV>
<DIV>\58 retains a home inspector to perform repairs pursuant to a claim</DIV>
<DIV> </DIV>
<DIV> 659 made under a home warranty contract. </DIV>
<DIV> </DIV>
<DIV>660 2. A certified contractor who is classified in s. 661 489.105(3) as a
Division I contractor. However, the department 662 may adopt rules requiring
that, if such contractor performs the 663 home inspection and offers to perform
the repairs, the contract 664 for repairs provided to the homeowner disclose
that he or she 665 has the right to request competitive bids.;</DIV>
<DIV> </DIV>
<DIV>Tom Ricci</DIV>
<DIV> </DIV>
<DIV>In a message dated 7/15/2010 6:24:06 P.M. Eastern Daylight Time,
Bob@contractorsinstitute.com writes:</DIV>
<BLOCKQUOTE style="BORDER-LEFT: blue 2px solid; PADDING-LEFT: 5px; MARGIN-LEFT: 5px"><FONT style="BACKGROUND-COLOR: transparent" color=#000000 size=2 face=Arial>
<DIV class=WordSection1>
<P class=MsoNormal>Group, I know it’s been awhile since my last update, but
we’ve been busy trying to work things out. Doesn’t look good. The department
has not included Division 1 contractors as “deemed” to meet the licensure
requirements for Home Inspectors, Mold Assessors and Mold Remediators by
default. They have not recognized any other entities as approved for licensure
certification except the specific ones originally listed that were borne from
association memberships (even though they are not Florida specific). There has
been no approval for the CI-Certified programs that require Florida Licensure
as a prerequisite and then provide Florida specific training and testing
through the Association of Construction Industry Certified Professionals (<A title=http://www.acicp.org/ href="http://www.acicp.org/">www.acicp.org</A> ).
If approval had been given, the Contractors Institute was poised to give all
training, testing and certification for Inspection, Assessment and Remediation
licensure free to all Division 1 Contractors for the good of the industry and
citizens of the Great State of Florida.. I wonder if the cost had been raised
to thousands of dollars like the “approved” associations if acceptance would
have been granted? Are they associating high membership and training fees with
quality certifications?<o:p></o:p></P>
<P class=MsoNormal><o:p> </o:p></P>
<P class=MsoNormal>We are now focusing on getting the Construction Industry
Licensing Board to write these services into our “authorized scope of
services” which would circumvent the law for us – but I am highly doubtful. We
have some meetings coming up and I will be presenting a request for the
language at the August Board Meeting of the CILB if they will hear
me.<o:p></o:p></P>
<P class=MsoNormal><o:p> </o:p></P>
<P class=MsoNormal>If not, we will be setting up a trust fund and asking for
small donations to initiate a legal challenge. I thousands of us give a few
dollars, we can quickly obtain an attorney. I hope we don’t need to go to that
extreme. Maybe a congressperson will “step-up” to the plate at this point and
help us. (I know, I’m dreaming again) <o:p></o:p></P>
<P class=MsoNormal><o:p> </o:p></P>
<P class=MsoNormal>Here is a July 15, 2010 email I have sent to the
entire congress, and to the key people at the Department of Professional
Regulation – feel free to follow up with your representative…<o:p></o:p></P>
<P class=MsoNormal><o:p> </o:p></P>
<P class=MsoNormal>++++++++++++<o:p></o:p></P>
<P class=MsoNormal><o:p> </o:p></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Messrs., Workman, Fasano,
Harrell, Vacarro, Morrision, et. al.,<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">The effect of the Home
Inspector and Mold legislation is manifesting itself… As I feared it
would…<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">We are already being bombarded
with the campaign from the American Council for Accredited Certification as to
their approval as the “EXCLUSIVE” provider of mold licensure examinations, and
how when States use them the “ADVANTAGE” goes to those certified by this so
called “Council”? Does it remind you of a “no-bid” governmental contract?
<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Funny how the CI-Certified BCT
(Building Contaminant Technician) and the CI-Certified BCA (Building
Contaminant Assessor) certifications have not been accepted even though
the prerequisites are more strict than the certification agencies approved by
rule, even though the CI-Certified training is Florida specific (unlike those
approved by rule) and the CI-Certified training requires knowledge of the
Florida HVHZ codes (unlike those approved by rule). Odd isn’t it? The many
hundreds of CI-Certified contractors who have been performing these services
without incidence and are now precluded from initial licensure or
grandfathering (since we do not practice such services as our sole source of
income, rather we perform the services for our clients as needed, therefore
some are unable to meet the 40 required assessments or remediation, that is a
prerequisite to grandfathering). Not to mention the tens of thousands of other
Division 1 Contractors who have been providing these services to the public
with confident results and without any memberships or other certifications.
They are now barred.<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Maybe it’s because the
CI-Certified programs (through the Association of Construction Industry
Certified Professionals – <A title=http://www.acicp.org/ href="http://www.acicp.org/">www.acicp.org</A> ) does not charge for
membership or testing? Not even for membership to its <A title=http://www.floridacode.com/ href="http://www.floridacode.com/">www.floridacode.com</A> and discussion
forum. Heaven forbid something is free for a public service. The only charge
is for the required training and education; and it’s costs are hundreds of
dollars rather than many thousands through the private associations sanctified
by the department and its new rule.<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">What a shame for the citizens
of Florida that the contractors of Florida have been deprived of performing
the services that they have been doing since the beginning without any public
issues or problems, and that the CITIZENS of the state of Florida will pay
MUCH higher premiums for mold assessment and remediation, while receiving
REDUCED quality in delivered construction services related to mold assessment
and remediation by firms that are not Division 1 Contractors. (the ones that
were largely to blame for unscrupulous work practices were unlicensed
contractors – they now are the one ones being sanctified and certified by the
new requirements).<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Look at the un-truths or
misdirection we as State Licensed Contractors have been endured with this
statute and the implementation of its’ administrative code to
date:<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">1.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Members of the original
committee that traveled the state publicly told us an un-truth; that Division
1 Contractors would be able to continue to perform these services in the same
manner as before the law – Un-true, we cannot<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">2.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Members of Congress
indicated to me that they had included language in the statute that gave the
Department of Professional Regulation the ability to “deem” all Division 1
Contractors as meeting the requirements, meaning we would only need to apply
and pay the additional licensure fee. Although they did include such language,
the Department has subsequently failed to apply it and contend they do not
have the authority (or are unwilling to apply the authority) to protect the
public and allow Division 1 Contractors as a whole to become licensed without
further compliance or alternatively providing an obtainable method of
attaining licensure. (Even though they recognize we have been performing these
services since the beginning)<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">3.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">The Department and other
agencies are writing proprietary compliance regulations with associations or
“Councils” whose genesis were proprietary associations – they promised they
would not do so.<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">And look at the Home Inspector
requirements; unless you have performed 120 “Home Inspections” in last 3
years, Division 1 Contractors are unable to grandfather and new Division 1
Contractors will not be eligible for licensure unless they attend a 120 hour
training program (an existing program developed by the existing home
inspection associations used to train someone with ABSOLUTELY no knowledge of
construction – about construction!) and take a proctored exam from a
proprietary home inspection testing agency whose genesis is associations .
Even the CI-Certified HPI (Home and Property Inspector) designation is not
allowed. Even though (as above) it requires a Division 1 Contractor status and
SPECIFIC Florida codes and conditions training! And if this were not enough,
consider this:<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">1.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Division 1 Contractors have
8000 hours of verified construction experience and have taken a 3 part
proctored exam. (now they will need a 120 hour course of the basics; kinda
like being sent back to elementary school from college);<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">2.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Division 1 Contractors are
required to perform these home inspections pursuant to the Florida Bar and
Florida Association of Realtors approved Contract for Sale of Florida Real
Estate (contractors were exclusively required with home inspectors listed as
additionally approved in later versions)<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">3.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">The Florida Wind Mitigation
forms specifically require Division1 Contractors perform their home
inspections (home inspectors are not approved)<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">4.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Division 1 Contractors are
required to coordinate, understand, supervise and be legally responsible for
all 8 items listed for home inspection in the statute.<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">5.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Division 1 Contractors must
inspect a commercial building or inspect for property code compliance inside
or outside the building (a home inspector is not allowed to do so under
current statute)<o:p></o:p></SPAN></P>
<P style="TEXT-INDENT: -0.25in; mso-list: l1 level1 lfo2" class=MsoListParagraph><SPAN style="COLOR: #1f497d"><SPAN style="mso-list: Ignore">6.<SPAN style="FONT: 7pt 'Times New Roman'">
</SPAN></SPAN></SPAN><SPAN style="COLOR: #1f497d">Division 1 Contractors are
allowed to dismantle and inspect for industry compliance where a home
inspector is allowed to perform a “limited site
inspection”<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">All of this and now a Division
1 Contractor cannot “limited visually inspect” a residential home and issue a
home inspection report? Absurd.<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"> We cannot let this
continue – I am going to continue attempting to resolve these injustices – If
not, we MUST “gather our Armies” and collect enough funds to file the
necessary litigation to protect the citizens and contractors of Florida. We
will keep you posted through the discussion group at <A title=http://www.myfloridacode.com/ href="http://www.myfloridacode.com/">www.myfloridacode.com</A><o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><o:p> </o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Robert
Koning<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Director Contractors Institute
<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d">Director Association of
Construction Industry Certified Professionals<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="COLOR: #1f497d"><A title=mailto:rjkoning@contractorinstitute.com href="mailto:rjkoning@contractorinstitute.com">rjkoning@contractorinstitute.com</A><o:p></o:p></SPAN></P></DIV><BR><BR>_______________________________________________<BR>CodeTalk
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