Minnesota to Florida: home inspector license reciprocity

Florida licenses home inspectors statewide under chapter 468, part XV of the Florida Statutes. There is no home inspector board: the Department of Business and Professional Regulation licenses directly and its Bureau of Central Intake and Licensure processes the applications. The license is personal and there is one tier, so a Florida home inspector either holds the license or does not; the only variation is whether it is on active or inactive status. A licensed home inspector must maintain a commercial general liability insurance policy of at least $300,000, and that is the only insurance the law requires. Florida writes no examination of its own and no law or rules paper; it approves examinations set by nationally recognized bodies and requires a 120-hour approved course from anyone qualifying by examination. The one-off grandfathering route for code-certified inspectors and Division I contractors closed to applications postmarked after 1 July 2012 and is no longer available.

Minnesota issues no statewide home inspector license, so there is no state credential to apply for, no state examination and nothing to transfer from another state, and a buyer's home inspection can be performed anywhere in Minnesota by anyone. Chapter 326B of the statutes carries every construction credential the Department of Labor and Industry issues — the state building code and its building officials and construction code inspectors, elevators, electrical, plumbing, water conditioning, high pressure piping, boilers, contractor registration, and the residential trades licenses for residential building contractors, remodelers, roofers and manufactured home installers — and no section of it creates a home inspector license; a 2006 bill that would have added one was not enacted. Where a credential does exist it is issued by a city, not by the state: Minneapolis, Saint Paul and Bloomington each require a pre-sale evaluation of the home before it can be marketed, and each will accept that evaluation only from an evaluator it has licensed itself. Saint Paul's license is the demanding one and it is the one place in Minnesota where the National Home Inspector Examination counts: an applicant must already hold a passed NHIE before being admitted to the city's own written test, then pass a practical evaluation of a test house, carry insurance and pay an annual license fee. What binds an inspector doing ordinary unlicensed work is general law: the Prevention of Consumer Fraud Act makes unlawful any fraud, unfair or unconscionable practice, false promise, misrepresentation or deceptive practice in connection with the sale of merchandise, which the statute defines to include services, and Minn. Stat. section 8.31, subdivision 3a lets an injured person sue for damages, costs, investigation costs, reasonable attorney's fees and equitable relief. Beyond that it is the written pre-inspection agreement and ordinary contract and negligence law that set the duty owed, because Minnesota has enacted no statutory standard of care for home inspectors and no statute governing the content or form of a private inspection report. Two adjacent credentials matter in practice. Radon is licensed: since January 1, 2019 the Minnesota Radon Licensing Act has required an annual license from the commissioner of health for anyone who tests for radon for compensation, as a measurement professional, and separately for mitigation professionals, mitigation companies and analysis laboratories, so an inspector cannot add a radon test to the job without one. And any repair, remodeling or roofing work that comes out of a report belongs to a licensed residential building contractor, remodeler or roofer under chapter 326B, or to the state's licensed electrical, plumbing, mechanical and high pressure piping trades.