reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.705 - Rulemaking authority.

468.705 Rulemaking authority.—The board is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this part conferring duties upon it. The provisions of s. 456.011(5) shall apply to the board’s activity. Such rules shall include, but not be limited to, the allowable scope of practice regarding the use of equipment, procedures, and medication; mandatory requirements and guidelines for communication between the athletic trainer and a physician, including the reporting to the physician of new or recurring injuries or conditions; licensure requirements; licensure examination; continuing education requirements; fees; records and reports to be filed by licensees; protocols; and any other requirements necessary to regulate the practice of athletic training.
History.—s. 323, ch. 94-119; s. 4, ch. 95-388; s. 239, ch. 98-166; s. 139, ch. 98-200; s. 3, ch. 99-349; s. 133, ch. 99-397; s. 158, ch. 2000-160; s. 4, ch. 2015-116.
Note.—Former s. 468.73.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.707 - Licensure requirements.

468.707 Licensure requirements.—Any person desiring to be licensed as an athletic trainer shall apply to the department on a form approved by the department. An applicant shall also provide records or other evidence, as determined by the board, to prove he or she has met the requirements of this section. The department shall license each applicant who:
(1) Has completed the application form and remitted the required fees.
(2) Has submitted to background screening pursuant to s. 456.0135. The board may require a background screening for an applicant whose license has expired or who is undergoing disciplinary action.
(3)(a) Has obtained, at a minimum, a bachelor’s degree from a college or university professional athletic training degree program accredited by the Commission on Accreditation of Athletic Training Education or its successor organization recognized and approved by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation, approved by the board, or recognized by the Board of Certification, and has passed the national examination to be certified by the Board of Certification; or
(b) Has obtained, at a minimum, a bachelor’s degree, has completed the Board of Certification internship requirements, and holds a current certification from the Board of Certification.
(4) Has current certification in both cardiopulmonary resuscitation and the use of an automated external defibrillator set forth in the continuing education requirements as determined by the board pursuant to s. 468.711.
(5) Has completed any other requirements as determined by the department and approved by the board.
History.—s. 5, ch. 95-388; s. 101, ch. 98-166; s. 4, ch. 99-349; s. 134, ch. 99-397; s. 159, ch. 2000-160; s. 1, ch. 2006-39; s. 18, ch. 2011-95; s. 5, ch. 2015-116; s. 2, ch. 2020-29; s. 32, ch. 2020-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.709 - Fees.

468.709 Fees.—
(1) The board shall, by rule, establish fees for the following purposes:
(a) An application fee, not to exceed $100.
(b) An initial licensure fee, not to exceed $200.
(c) A biennial renewal fee, not to exceed $200.
(d) An inactive fee, not to exceed $100.
(e) A delinquent fee, not to exceed $100.
(f) A reactivation fee, not to exceed $100.
(g) A voluntary inactive fee, not to exceed $100.
(2) The board shall establish fees at a level, not to exceed the statutory fee cap, that is adequate to ensure the continued operation of the regulatory program under this part. The board shall neither set nor maintain the fees at a level that will substantially exceed this need.
History.—s. 6, ch. 95-388; s. 5, ch. 99-349; s. 135, ch. 99-397; s. 6, ch. 2015-116.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.711 - Renewal of license; continuing education.

468.711 Renewal of license; continuing education.—
(1) The department shall renew a license upon receipt of the renewal application and fee, provided the applicant is in compliance with the provisions of this section, chapter 456, and rules promulgated pursuant thereto.
(2) The board may, by rule, prescribe continuing education requirements, not to exceed 24 hours biennially. The criteria for continuing education shall be approved by the board and must include a current certification in both cardiopulmonary resuscitation and the use of an automated external defibrillator as set forth in the continuing education requirements as determined by the board.
(3) If initially licensed after January 1, 1998, the licensee must be currently certified by the Board of Certification or its successor agency and maintain that certification in good standing without lapse.
History.—s. 7, ch. 95-388; s. 102, ch. 98-166; s. 6, ch. 99-349; s. 136, ch. 99-397; s. 160, ch. 2000-160; s. 2, ch. 2006-39; s. 19, ch. 2011-95; s. 7, ch. 2015-116; s. 3, ch. 2020-29; s. 33, ch. 2020-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.713 - Responsibilities of athletic trainers.

468.713 Responsibilities of athletic trainers.—
(1) An athletic trainer shall practice under the direction of a physician licensed under chapter 458, chapter 459, chapter 460, or otherwise authorized by Florida law to practice medicine. The physician shall communicate his or her direction through oral or written prescriptions or protocols as deemed appropriate by the physician for the provision of services and care by the athletic trainer. An athletic trainer shall provide service or care in the manner dictated by the physician.
(2) An athletic trainer shall work within his or her allowable scope of practice as specified by board rule under s. 468.705. An athletic trainer may not provide, offer to provide, or represent that he or she is qualified to provide any care or services that he or she lacks the education, training, or experience to provide or that he or she is otherwise prohibited by law from providing.
History.—s. 8, ch. 95-388; s. 8, ch. 2015-116; s. 4, ch. 2020-29; s. 34, ch. 2020-133.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.715 - Sexual misconduct.

468.715 Sexual misconduct.—The athletic trainer-patient relationship is founded on mutual trust. Sexual misconduct in the practice of athletic training is prohibited under s. 456.063.
History.—s. 9, ch. 95-388; s. 9, ch. 2015-116.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.717 - Violations and penalties.

468.717 Violations and penalties.—Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
(1) Practicing athletic training, representing oneself as an athletic trainer, or providing athletic trainer services to a patient without being licensed under this part.
(2) Using or attempting to use an athletic trainer license that has been suspended or revoked.
(3) Knowingly employing unlicensed persons in the practice of athletic training.
(4) Obtaining or attempting to obtain an athletic trainer license by misleading statements or knowing misrepresentation.
(5) Using the title “athletic trainer” or “licensed athletic trainer,” the abbreviation “AT” or “LAT,” or a similar title or abbreviation that suggests licensure as an athletic trainer without being licensed under this part.
History.—s. 10, ch. 95-388; s. 10, ch. 2015-116.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.719 - Disciplinary actions.

468.719 Disciplinary actions.—
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):
(a) Committing incompetency or misconduct in the practice of athletic training.
(b) Committing fraud or deceit in the practice of athletic training.
(c) Committing negligence, gross negligence, or repeated negligence in the practice of athletic training.
(d) Being unable to practice athletic training with reasonable skill and safety because of a mental or physical condition or illness, or the use of alcohol, controlled substances, or any other substance that impairs one’s ability to practice.
(e) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).
History.—s. 11, ch. 95-388; s. 103, ch. 98-166; s. 7, ch. 99-349; s. 137, ch. 99-397; s. 161, ch. 2000-160; s. 27, ch. 2000-318; s. 42, ch. 2001-277; s. 18, ch. 2005-240; s. 11, ch. 2015-116.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIII - Athletic Trainers (Ss. 468.70-468.723) › 468.723 - Exemptions.

468.723 Exemptions.—This part does not prohibit or restrict:
(1) A person licensed in this state under another chapter from engaging in the practice for which he or she is licensed and acting within the scope of such practice.
(2) An athletic training student acting under the direct supervision of a licensed athletic trainer. For purposes of this subsection, “direct supervision” means the physical presence of an athletic trainer so that the athletic trainer is immediately available to the athletic training student and able to intervene on behalf of the athletic training student. The supervision must comply with board rule.
(3) A person from administering standard first aid treatment to another person.
(4) A person authorized to practice athletic training in another state when such person is employed by or a volunteer for an out-of-state secondary or postsecondary educational institution, or a recreational, competitive, or professional organization that is temporarily present in this state.
(5) A person providing personal training instruction for exercise, aerobics, or weightlifting, if the person does not represent himself or herself as an athletic trainer or as able to provide “athletic trainer” services and if any recognition or treatment of injuries is limited to the provision of first aid.
(6) Third-party payors from reimbursing employers of athletic trainers for covered services rendered by a licensed athletic trainer.
History.—s. 325, ch. 94-119; s. 13, ch. 95-388; s. 313, ch. 97-103; s. 1016, ch. 2002-387; s. 3, ch. 2006-39; s. 12, ch. 2015-116; s. 5, ch. 2020-29; s. 35, ch. 2020-133.
Note.—Former s. 468.75.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.801 - Board of Orthotists and Prosthetists; appointment; membership; terms; headquarters.

468.801 Board of Orthotists and Prosthetists; appointment; membership; terms; headquarters.—
(1) The Board of Orthotists and Prosthetists is created within the Department of Health and shall consist of seven members appointed by the Governor and confirmed by the Senate.
(2) The board members must be residents of this state. Two members must be licensed practicing prosthetists with a minimum of 3 years’ clinical or practical experience, at least one of whom has attained a minimum of a bachelor’s degree; one member must be a licensed practicing orthotist with a minimum of 3 years’ clinical or practical experience who has attained a minimum of a bachelor’s degree; two members must be prosthetic or orthotic users, the parents, guardians, or spouses of prosthetic or orthotic users, or any combination of such users and nonusers who are not deriving economic benefit from the fitting or dispensing of orthotic or prosthetic devices and who have never been orthotists or prosthetists or members of a closely related profession; one member must be a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 who has extensive knowledge of orthotics or prosthetics; and one member must be a licensed practicing orthotist, orthotic fitter, or pedorthist with a minimum of 3 years’ clinical or practical experience.
(3) Members of the board shall be appointed for terms of 4 years each and shall serve until their successors are appointed. Members may be reappointed for additional terms.
(4) The provisions of chapter 456 relating to activities of regulatory boards apply to the board.
(5) The board shall maintain its official headquarters in Tallahassee.
History.—s. 2, ch. 97-284; s. 104, ch. 98-166; s. 162, ch. 2000-160; s. 2, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.802 - Authority to adopt rules.

468.802 Authority to adopt rules.—The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part, including rules relating to standards of practice for orthotists, orthotic fitters, orthotic fitter assistants, pedorthists, prosthetists, and residents.
History.—s. 3, ch. 97-284; s. 140, ch. 98-200; s. 3, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.806 - Biennial renewal of license.

468.806 Biennial renewal of license.—
(1) The department shall renew a license upon receipt of the required documentation, renewal application, and renewal fee, not to exceed $500, as set by the board. The applicant for license renewal must submit information necessary to conduct a statewide criminal history check along with payment in an amount equal to the costs incurred by the department for a statewide criminal history check. The department shall submit the required information for a statewide criminal history check of the applicant to the Department of Law Enforcement.
(2) The board shall adopt rules establishing a procedure for the biennial license renewal.
(3) The board may by rule prescribe continuing education requirements and approve course criteria, not to exceed 30 hours biennially, as a condition for license renewal. The board shall establish by rule mandatory courses to safeguard the welfare of the public and licensed practitioners, standards and qualifications for continuing education courses, standards and qualifications for course providers, and a procedure for approving continuing education courses and providers and set a fee for continuing education course and provider approval.
History.—s. 7, ch. 97-284; s. 142, ch. 99-397; s. 5, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.808 - Support personnel.

468.808 Support personnel.—A person must be licensed to practice orthotics, prosthetics, or pedorthics in this state. However, a licensed orthotist, prosthetist, or pedorthist may delegate duties, not to include patient evaluation, treatment formulation, or the final fitting of a device prior to patient use, to nonlicensed support personnel. All other delegated duties must be performed under the supervision, as defined by the board by rule, of a licensed orthotist, prosthetist, or pedorthist, and the persons acting as support personnel must be identified as such by wearing an identification tag as defined by the board by rule. In such instances the supervising licensee is responsible for all acts performed by such persons.
History.—s. 9, ch. 97-284; s. 7, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.809 - Prohibitions; penalties.

468.809 Prohibitions; penalties.—
(1) A person may not:
(a) Make a false or fraudulent statement in any application, affidavit, or statement presented to the board or in any proceeding before the board.
(b) Practice orthotics, prosthetics, or pedorthics without a license or registration issued pursuant to this part unless otherwise exempt.
(2) A person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 10, ch. 97-284; s. 8, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.8095 - Practitioner and resident identification.

468.8095 Practitioner and resident identification.—
(1) A licensee or person registered with the department shall post a license or registration and a recent photograph of the licensee or registrant at each facility where patients are seen by the licensee or registrant in a manner determined by the board by rule. This requirement does not extend to areas where the licensee or registrant may visit and normally does not treat patients. The posted license or registration must be valid.
(2) A licensee or person registered with the department shall post in close proximity to the posted license or registration a notice stating the department’s Consumer Services Unit address, Internet website, and telephone number. The notice shall state that a patient may file a complaint of unlicensed or substandard practice by contacting the Consumer Services Unit. A single notice may be used for multiple licensees or registrants in a facility.
(3) During patient contact, each licensee or person registered with the department shall prominently wear an identification tag or badge with the name, recent photograph, and license or registration number, as applicable, of the licensee or registrant. The size and appearance of the identification tag or badge shall be determined by the board by rule. Persons licensed in more than one practice field under this part may list both license numbers. Licensees or registrants working in facilities requiring the wearing of a specific identification tag may substitute the identification tag or badge required by this subsection with the facility’s design as determined by the board.
History.—s. 9, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.812 - Exemptions from licensure.

468.812 Exemptions from licensure.—
(1) This part does not apply to:
(a) A person who is licensed under chapter 458, chapter 459, chapter 460, or chapter 461;
(b) A person performing services for the Federal Government, if the person provides orthotic, prosthetic, or pedorthic care solely under the direction or control of the organization by which that person is employed;
(c) A student, fellow, or trainee in orthotics, prosthetics, or pedorthics pursuing a course of study at a regionally accredited college or university or working in a recognized training center or research facility, provided the activities and services are part of a regular course of study under a supervisor licensed under this part;
(d) An instructor in a regionally accredited university or college, while performing regularly assigned work under the curriculum of such a school; or
(e) A person engaged exclusively in the fabrication of orthoses, pedorthic devices, or prostheses as defined in this part, provided there is no patient contact.
(2) This part does not require an additional license of, or regulate the practice of, any other licensed health care professional within the state, or prevent a qualified member of any other profession or any person employed under the supervision of such a licensed professional from doing work of a nature consistent with that person’s training, as long as the person does not hold himself or herself out to the public as a licensee under this act.
History.—s. 12, ch. 97-284; s. 123, ch. 99-397; s. 11, ch. 2008-121; s. 4, ch. 2009-202.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XIV - Orthotics, Prosthetics, and Pedorthics (Ss. 468.80-468.813) › 468.813 - Use of titles.

468.813 Use of titles.—A person must be licensed or registered under this part to represent himself or herself as a licensed or registered orthotist, prosthetist, prosthetist-orthotist, orthotic fitter, orthotic fitter assistant, pedorthist, prosthetic resident, or orthotic resident or use in connection with his or her name the words “orthotist,” “prosthetist,” “prosthetist-orthotist,” “orthotic fitter,” “orthotic fitter assistant,” “pedorthist,” or “resident” or abbreviations, titles, or insignia indicating or suggesting that he or she is able to legally provide services or devices described in this part.
History.—s. 13, ch. 97-284; s. 12, ch. 2008-121.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.83 - Home inspection services licensing program; purpose.

468.83 Home inspection services licensing program; purpose.—
(1) There is created within the department the home inspection services licensing program.
(2) The Legislature recognizes that there is a need to require the licensing of home inspectors and to ensure that consumers of home inspection services can rely on the competence of home inspectors, as determined by educational and experience requirements and testing. Therefore, the Legislature deems it necessary in the interest of the public welfare to regulate home inspectors in this state.
History.—s. 2, ch. 2007-235; s. 15, ch. 2010-106; s. 7, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.831 - Exemptions.

468.831 Exemptions.—The following persons are not required to comply with any provision of this part:
(1) An authorized government employee of the United States, this state, or any municipality, county, or other political subdivision who is conducting home inspection services within the scope of that employment, as long as the employee does not hold out for hire to the general public or otherwise engage in home inspection services.
(2) A person acting within his or her authorized scope of practice as licensed under federal, state, or local codes or statutes, except when such person holds himself or herself out for hire to the public as a “certified home inspector,” “registered home inspector,” “licensed home inspector,” “home inspector,” “professional home inspector,” or any combination thereof stating or implying licensure under this part.
(3) An officer appointed by the court.
(4) A person performing safety inspections of utility equipment in or on a home or building or other duties conducted by or for a utility under chapter 366 or rules adopted by the Public Service Commission.
(5) A certified energy auditor performing an energy audit of any home or building or other duties conducted by or for a utility under chapter 366 or rules adopted by the Public Service Commission.
History.—s. 2, ch. 2007-235.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8311 - Definitions.

468.8311 Definitions.—As used in this part, the term:
(1) “Department” means the Department of Business and Professional Regulation.
(2) “Home” means any residential real property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives.
(3) “Home inspector” means any person who provides or offers to provide home inspection services for a fee or other compensation.
(4) “Home inspection services” means a limited visual examination of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home.
History.—s. 2, ch. 2007-235; s. 16, ch. 2010-106; s. 8, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8312 - Fees.

468.8312 Fees.—
(1) The department may establish fees to be paid for applications, examination, reexamination, licensing and renewal, inactive status application and reactivation of inactive licenses, recordkeeping, and applications for providers of continuing education. The department may also establish a delinquency fee. Fees shall be based on department estimates of the revenue required to implement the provisions of this part. All fees shall be remitted with the appropriate application, examination, or license.
(2) The initial application and examination fee shall not exceed $125 plus the actual per applicant cost to the department to purchase an examination, if the department chooses to purchase the examination. The examination fee shall be in an amount that covers the cost of obtaining and administering the examination and shall be refunded if the applicant is found ineligible to sit for the examination. The application fee shall be nonrefundable.
(3) The initial license fee shall not exceed $200.
(4) The biennial renewal fee shall not exceed $200.
(5) The fee for licensure by endorsement shall not exceed $200.
(6) The fee for application for inactive status or for reactivation of an inactive license shall not exceed $200.
(7) The fee for applications from providers of continuing education may not exceed $500.
History.—s. 2, ch. 2007-235; s. 17, ch. 2010-106; s. 9, ch. 2010-176; s. 45, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8313 - Examinations.

468.8313 Examinations.—
(1) A person desiring to be licensed as a home inspector must apply to the department after he or she satisfies the examination requirements of this part.
(2) An applicant may practice in this state as a home inspector if he or she passes the required examination, is of good moral character, and completes a course of study of at least 120 hours that covers all of the following components of a home: structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure.
(3) The department shall review and approve courses of study in home inspection.
(4) The department may review and approve examinations by a nationally recognized entity that offers programs or sets standards that ensure competence as a home inspector.
(5)(a) “Good moral character” means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and nation.
(b) The department may refuse to certify an applicant for failure to satisfy this requirement only if:
1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensed home inspector; and
2. The finding by the department of lack of good moral character is supported by clear and convincing evidence.
(c) When an applicant is found to be unqualified for a license because of lack of good moral character, the department shall furnish the applicant a statement containing the findings of the department, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to a rehearing and appeal.
(6) An applicant for a license shall submit, together with the application, a complete set of electronic fingerprints to the department. The department shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.
(7) The department may adopt rules to implement this section.
History.—s. 2, ch. 2007-235; s. 18, ch. 2010-106; s. 10, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8314 - Licensure.

468.8314 Licensure.—
(1) The department shall license any applicant who the department certifies is qualified to practice home inspection services.
(2) The department shall certify for licensure any applicant who satisfies the requirements of s. 468.8313 and who has passed the licensing examination. The department may refuse to certify any applicant who has violated any of the provisions of s. 468.832.
(3) The department shall certify as qualified for a license by endorsement an applicant who is of good moral character as determined in s. 468.8313, who maintains an insurance policy as required by s. 468.8322, and who:
(a) Holds a valid license to practice home inspection services in another state or territory of the United States, whose educational requirements are substantially equivalent to those required by this part; and has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to the examination required by this part; or
(b) Has held a valid license to practice home inspection services issued by another state or territory of the United States for at least 10 years before the date of application. Such application must be made either when the license in another state or territory is active or within 2 years after such license was last active.
(4) The department shall not issue a license by endorsement to any applicant who is under investigation in another state for any act that would constitute a violation of this part or chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated.
History.—s. 2, ch. 2007-235; s. 53, ch. 2010-106; s. 22, ch. 2020-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8315 - Renewal of license.

468.8315 Renewal of license.—
(1) The department shall renew a license upon receipt of the renewal application and upon certification by the department that the licensee has satisfactorily completed the continuing education requirements of s. 468.8316.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
History.—s. 2, ch. 2007-235.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8316 - Continuing education.

468.8316 Continuing education.—
(1) The department may not renew a license until the licensee submits proof satisfactory to the department that during the 2 years before application for renewal the licensee completed at least 14 hours of continuing education. Of the 14 hours, at least 2 hours must be in hurricane mitigation training that includes hurricane mitigation techniques and compliance with the uniform mitigation verification inspection form developed under s. 627.711(2). The department shall adopt rules establishing criteria for approving continuing education providers and courses.
(2) The department may prescribe by rule additional continuing professional education hours, not to exceed 25 percent of the total hours required, for failure to complete the hours required for renewal by the end of the reestablishment period.
History.—s. 2, ch. 2007-235; s. 7, ch. 2011-222.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8317 - Inactive license.

468.8317 Inactive license.—
(1) A licensee may request that his or her license be placed in an inactive status by making application to the department.
(2) A license that becomes inactive may be reactivated upon application to the department.
(3) The department shall adopt rules relating to licenses which have become inactive and for the renewal of inactive licenses. The department shall prescribe by rule a fee not to exceed $200 for the reactivation of an inactive license and a fee not to exceed $200 for the renewal of an inactive license.
History.—s. 2, ch. 2007-235; s. 6, ch. 2012-61; s. 46, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8318 - Certification of corporations and partnerships.

468.8318 Certification of corporations and partnerships.—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 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, provided that all personnel of the corporation or partnership who act in its behalf as home inspectors in this state are licensed as provided by this part. 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, 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.
History.—s. 2, ch. 2007-235; s. 19, ch. 2010-106; s. 11, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8319 - Prohibitions; penalties.

468.8319 Prohibitions; penalties.—
(1) A person may not:
(a) Effective July 1, 2011, practice or offer to practice home inspection services unless the person has complied with the provisions of this part.
(b) Effective July 1, 2011, 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 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 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.
(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; s. 20, ch. 2010-106; s. 12, ch. 2010-176; s. 8, ch. 2011-222.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.832 - Disciplinary proceedings.

468.832 Disciplinary proceedings.—
(1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:
(a) Violation of any provision of this part or s. 455.227(1).
(b) Attempting to procure a license to practice home inspection services by bribery or fraudulent misrepresentation.
(c) Having a license to practice home inspection services revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice of home inspection services or the ability to practice home inspection services.
(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a licensed home inspector.
(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
(g) Engaging in fraud or deceit, or negligence, incompetency, or misconduct, in the practice of home inspection services.
(h) Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
(i) Practicing on a revoked, suspended, inactive, or delinquent license.
(j) Failing to meet any standard of practice adopted by rule of the department.
(2) When the department finds any home inspector guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:
(a) Denial of an application for licensure.
(b) Revocation or suspension of a license.
(c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense.
(d) Issuance of a reprimand.
(e) Placement of the home inspector on probation for a period of time and subject to such conditions as the department may specify.
(f) Restriction of the authorized scope of practice by the home inspector.
(3) In addition to any other sanction imposed under this part, in any final order that imposes sanctions, the department may assess costs related to the investigation and prosecution of the case.
History.—s. 2, ch. 2007-235; s. 123, ch. 2008-4; s. 51, ch. 2009-195; ss. 21, 43, ch. 2010-106; s. 13, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8321 - Disclosures.

468.8321 Disclosures.—Prior to contracting for or commencing a home inspection, a home inspector shall provide to the consumer a copy of his or her license to practice home inspection services in this state and a written disclosure that contains the scope and any exclusions of the home inspection.
History.—s. 2, ch. 2007-235.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8322 - Insurance.

468.8322 Insurance.—A home inspector shall maintain a commercial general liability insurance policy in an amount of not less than $300,000.
History.—s. 2, ch. 2007-235.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8323 - Home inspection report.

468.8323 Home inspection report.—Upon completion of each home inspection for compensation, the home inspector shall provide a written report prepared for the client.
(1) The home inspector shall report:
(a) On those systems and components inspected that, in the professional opinion of the inspector, are significantly deficient or are near the end of their service lives.
(b) If not self-evident, a reason why the system or component reported under paragraph (a) is significantly deficient or near the end of its service life.
(c) Any systems and components that were present at the time of the inspection but were not inspected, and a reason they were not inspected.
(2) A home inspector is not required to provide estimates related to the cost of repair of an inspected property.
History.—s. 2, ch. 2007-235; s. 9, ch. 2011-222.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8324 - Grandfather clause.

468.8324 Grandfather clause.—
(1) A person who performs home inspection services may qualify for licensure as a home inspector under this part if the person submits an application to the department postmarked on or before July 1, 2012, which shows that the applicant:
(a) Possesses certification as a one- and two-family dwelling inspector issued by the International Code Council or the Southern Building Code Congress International;
(b) Has been certified as a one- and two-family dwelling inspector by the Florida Building Code Administrators and Inspectors Board under part XII of this chapter; or
(c) Possesses a Division I contractor license under part I of chapter 489.
(2) An applicant may not qualify for licensure under this section if he or she has had a home inspector license or a license in any related field revoked at any time or suspended within the previous 5 years or has been assessed a fine that exceeds $500 within the previous 5 years. For purposes of this subsection, a license in a related field includes, but is not limited to, licensure in real estate, construction, mold-related services, or building code administration or inspection.
(3) An applicant for licensure under this section must comply with the criminal history, good moral character, and insurance requirements of this part.
History.—s. 2, ch. 2007-235; s. 22, ch. 2010-106; s. 14, ch. 2010-176; s. 10, ch. 2011-222.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XV - Home Inspectors (Ss. 468.83-468.8325) › 468.8325 - Rulemaking authority.

468.8325 Rulemaking authority.—The department shall adopt rules to administer this part.
History.—s. 23, ch. 2010-106; s. 15, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XVI - Mold-Related Services (Ss. 468.84-468.8424) › 468.84 - Mold-related services licensing program; legislative purpose.

468.84 Mold-related services licensing program; legislative purpose.—
(1) There is created within the department the mold-related services licensing program.
(2) The Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.
History.—s. 3, ch. 2007-235; s. 24, ch. 2010-106; s. 16, ch. 2010-176.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part XVI - Mold-Related Services (Ss. 468.84-468.8424) › 468.8411 - Definitions.

468.8411 Definitions.—As used in this part, the term:
(1) “Department” means the Department of Business and Professional Regulation.
(2) “Mold” means an organism of the class fungi that causes disintegration of organic matter and produces spores, and includes any spores, hyphae, and mycotoxins produced by mold.
(3) “Mold assessment” means a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet.
(4) “Mold assessor” means any person who performs or directly supervises a mold assessment.
(5) “Mold remediation” means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location; however, such removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, may not be work that requires a license under chapter 489 unless performed by a person who is licensed under that chapter or the work complies with that chapter.
(6) “Mold remediator” means any person who performs mold remediation. A mold remediator may not perform any work that requires a license under chapter 489 unless the mold remediator is also licensed under that chapter or complies with that chapter.
History.—s. 3, ch. 2007-235.