Home Inspectors, Mold Remediators Among Professions Impacted by Massive Deregulation Bills to be Heard by House Appropriations Committee Today, March 30

 

CS/HB 5005 and CS/HB 5007, two massive bills that would deregulate over a dozen professions businesses and occupations in Florida, including home inspectors, mold remediators and motor vehicle repair shops, are on the House of Representatives’ Appropriations Committee agenda today at 10:00 a.m.  

Specifically, CS/HB 5007 would revise training criteria for home inspectors relating to Florida’s Uniform Mitigation Inspection Form.

Extensive testimony is expected during today’s meeting, for which a substantial slate of agency and funding-related bills also are scheduled to be heard.

• To view the Appropriations Committee meeting via the House live Webcast, click here, or visit The Florida Channel by clicking here.

CS/HB 5005 and CS/HB 5007, both sponsored by State Representative Esteban Bovo, are described below:

 

CS/HB 5007

CS/HB 5007 would reduce regulatory requirements for professions and businesses, and streamlines regulatory functions.  With an effective date of July 1, 2011, the bill also would:

• Reduce licensing, examination and training requirements for Mold Assessors and Remediators;
• Provide that home inspectors would not be required to comply with the license requirements for mold assessment and allows individuals with certain certifications and/or licenses to be licensed as a home inspector;
• Provide for the release of certain driver license information by the Department of Highway Safety and Motor Vehicles to the Department of Business and Professional Regulation for investigative purposes related to unlicensed activity;
• Eliminate duplicate licensure requirements for sole proprietorships that are asbestos consultants, asbestos contractors and architects;
• Reduce the required continuing education requirements to reactivate an inactive license to only one cycle of hours required, instead of the hours required for the years the license was inactive;
• Decriminalize many violations of professional boards‟ rules and administrative requirements that currently carry second-degree misdemeanor fines and penalties;
• Align minimum education requirements for Certified Public Accounting licensure with college requirements;
• Allow landscape architects who practice landscape design to submit plans to government agencies for approval;
• Allow a CPA licensed in another state with five years of experience in the field of public accountancy to become licensed in Florida;
• Revise which matters relating to the regulation of public lodging establishments and food service establishments are preempted to the State and authorize the Division of Hotels and Restaurants to address remedial training for violations of the food code;
• Revise the validity period for inactive status certificates of fire protection system contractors from two years to eight years;
• Change statutory references in the security industry from “repossesors” to “recovery agents;”
• Transfer duplicative authority for regulation and enforcement of the Lemon Law and Price Gouging from the Florida Department of Agriculture and Consumer Services to the Florida Department of Legal Affairs;
• Remove the requirement that certain fees paid by professions of the Security Industry must be in the form of a certified check; and
• Authorize the direct sale of certain homemade foods to consumers and provides definitions and requirements for such practices.

 

CS/HB 5005

In addition to eliminating the Board of Auctioneers, CS/HB 5005 would repeal provisions of law relating to the regulation of the following professions, businesses and occupations:

• Athlete Agents
• Auctioneers and Auctioneer Apprentices
• Sellers of Business Opportunities
• Charitable Organizations
• Hair Braiders, Hair Wrappers and Body Wrappers
• Dance Studios
• Health Studios
• Interior Designers
• Intrastate Movers
• Motor Vehicle Repair Shops
• Sellers of Travel
• Talent Agents
• Telemarketing
• Yacht and Ship Brokers

It also repeals regulations relating to:

• Transportation access to outdoor theaters
• Roominghouses
• Sales representative contracts involving commissions
• Television tube labeling
• Water vending machines

 

Should you have any comments or questions, please contact Colodny Fass.