Fla. Admin. Code Ann. R. 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 complies with the following:

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

(b) Submits a completed Form DBPR HI 0401, "Application for Licensure" effective May 2021, adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13144, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://www.myfloridalicense.com.

(c) Submits the following fees with the application:

1. Application fee of $125.00;

2. Licensure fee of $100.00;

3. Unlicensed Activity fee of $5.00.

(2) All applicants for licensure by examination 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 which includes all eight components of a home as set forth in Section 468.8313(2), F.S. Department approved courses of study may be found at http://www.myfloridalicense.com/dbpr/servop/testing/documents/home_insp_pre.pdf.

(b) Pass an 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:

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

(b)

1. Demonstrate that the applicant is currently licensed to practice as a home inspector under the law of another state or territory of the United States;

2. Demonstrate that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an examination approved by the department as required by Section 468.8313, F.S., and Rule 61-30.103, F.A.C.; or

(c) Demonstrate that the applicant holds or has held a license to practice as a home inspector under the law of another state or territory of the United States for at least 10 years before the date of the application in accordance with Section 468.8314, F.S.

(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:

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;

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. 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. Such lawsuits 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;

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;

5. Prior payment by check to the department 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

6. Prior denial of licensure, registration, certification, or permit application by the Department or any Agency 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) 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:

1. A statement from the applicant explaining the applicant's criminal/unlawful conduct and the reason the applicant believes the Department should issue the license,

2. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred,

3. Documentation evidencing successful rehabilitation,

4. Recommendations from parole or probation officers who have supervised the applicant,

5. Recommendations from the prosecuting attorney or sentencing judge,

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

7. Police reports or transcripts which reveal the underlying facts of the crime,

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

9. 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.

(c) 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.

(d) If the department determines based on the evidence provided for in paragraphs (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 within the time limitations of 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.

Notes

Fla. Admin. Code Ann. R. 61-30.102

Rulemaking Authority 455.2035, 455.217(1), 468.8312, 468.8313(7), 468.8325 FS. Law Implemented 455.213, 455.2281, 468.8313, 468.8314, 559.79 FS.

New 10-22-13, Amended by Florida Register Volume 47, Number 120, June 22, 2021 effective 7/6/2021.

New 10-22-13, Amended 7-6-21.