5E-14.105. Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms

(1) Each licensee must enter into a written contract with the property owner or his authorized agent for each treatment for control or prevention of wood-destroying organisms. No such contract shall be entered into after six (6) months following the effective date of this rule without first obtaining specific written consent signed by the property owner or authorized agent using the Consumer Notice Form, FDACS-13692, Rev 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13400, or at 3125 Conner Boulevard, Bldg. 8, Tallahassee, Florida 32399-1650.

(2) Such contract, except as provided in subsection (3) of this section, or an exact copy thereof must be given to the property owner or his authorized agent for acceptance or rejection before any portion of the work is done and before payment, in part or in full, is received by the licensee. The contract shall clearly set forth the following information:

(a) The complete name and address of the property owner or authorized agent and the complete address of the property to be treated.

(b) All buildings or structures on the property to be included for treatment.

(c) The complete name and business address of the licensee.

(d) The date upon which the written contract is entered into, the period of time covered by the contract, and renewal option, if any.

(e) The complete common name(s) of the wood-destroying organism(s) to be controlled or for which preventive treatment is intended under the contract. Any contract for the treatment or prevention of termites must clearly state on the first page if the contract covers subterranean termites, dry wood termites, or both. If Formosan termites (Coptotermes formosansus), or other invasive termite species, are to be excluded from coverage, the species must be named as excluded.

(f) If an existing infestation is known to be present at the time of treatment, the treatment is for control of existing infestation.

(g) Whether or not reinspections are to be made under the contract and, if so, approximate time intervals between reinspections, and fees other than renewal fees for same, if any.

(h) The conditions under which retreatments (for reinfestation) will be made; and conditions under which repairs will be made, if any.

(i) The total maximum price to be charged for treatment service, the exact annual renewal fees to be charged under the contract, if any; and the total maximum price to be charged for structural repairs, if any, shown separately.

(j) If the performance of the work is guaranteed by any type or form of bond, the obligations of the bond shall be set forth specifically: i.e., necessary retreatments, repairs, etc., in wording identical to that in the bond itself.

(k) The signature of the licensee or his authorized representative, and the signature of the property owner or authorized agent.

(3) Contracts covering treatments for the prevention of subterranean termites for new construction:

(a) Shall clearly set forth that additional treatment(s) shall be performed to control an infestation should subterranean termite infestation occur to the structure treated during the warranty period. The warranty shall show either the date of initial or final treatment and shall be issued to the property owner or agent within 30 days of the date of initial or final treatment, whichever is specified on the contract, and shall be for a period no less than one year from date of treatment specified on the contract, and

(b) The property owner at the time of each renewal, if a previous renewal was purchased, shall have the option of extending the warranty annually after the first year for no less than 4 additional years. The contract shall conform with Section 482.227, F.S., and contain information required by paragraphs 5E-14.105(2)(a), (b), (c), (d), (e), (f), (g), (h), (i) and (j), F.A.C., and

(c) For treatment of multiple properties for a single owner, if individual contracts are not issued prior to treatment, a licensee shall either enter into a master agreement with the owner or authorized agent prior to treatment that provides for the fulfillment of the requirements of paragraphs (a) and (b), above, or issue an assignable contract on the property on completion of the treatment.

(d) This section applies only to treatment for the prevention of subterranean termites for new construction which does not physically attach to or adjoin existing structures.

(4) In contracts covering spot treatments for wood-destroying organism(s), the requirements of subsections 5E-14.105(1) and (2), F.A.C. shall apply. In addition to these, specific areas in, on or under the structure to be treated shall be listed in the written contract and a statement that a spot treatment only was performed shall be made on the treatment notice posted as required by Section 482.226(5), F.S.

(5) If no responsibility is to be assumed by the licensee for retreatment of the specific area(s) of a structure where spot treatment is to be made, the licensee shall furnish the property holder or his authorized agent with a signed statement to this effect, prior to treatment.

(6) When periodic reinspections are specified in wood-destroying organisms preventive or control contracts, the licensee shall furnish the property owner or his authorized agent, after each reinspection, a signed report of the condition of the property with respect to presence or absence of wood-destroying organisms covered by the contract and whether retreatment was made. A copy of the inspection report shall be retained by the licensee for a period of not less than three (3) years.

(7) A structure shall not be knowingly placed under a second contract for the same wood-destroying organism control or preventive treatment in disregard of the first contract, without first obtaining specific written consent signed by the property owner or authorized agent using the Consumer Consent Form, FDACS-13671, Rev. 09/16, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07325, and on the department’s website under the header “Forms” at https://www.FDACS.gov or at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

(8) Each licensee shall comply with the terms of each pest control contract it issues. Within one year of the effective date of this rule, all contracts for wood destroying organism protection must comply with the following:

(a) A licensee must inspect for an infestation that is the subject of a re-treatment provision of a contract within thirty calendar days of written notification by the property owner or agent to which the contract applies, and must perform a re-treatment required under a contract within ninety days of discovery of an infestation subject to the re-treatment provision of a contract, unless;

1. Access to the property is prevented by the property owner, or

2. The treatment is waived or postponed in writing by the property owner or agent, or

3. The subject property is a commercial or multiunit structure, in which case, the treatment must be performed within 180 days, unless subparagraphs 1. or 2., above applies.

(b) In the event a contract expires before a re-treatment, subject to paragraph (8)(a), above, can be accomplished, the licensee shall make a written offer to perform the re-treatment in accordance with the terms of the contract within ninety days at no additional cost.

(c) A licensee may not use a limitation, exclusion, or condition clause of a contract to deny treatment of a termite infestation or repair of termite damage to the holder of a contract, unless the termite infestation or damage was primarily caused by the subject of the limitation, exclusion, or condition clause in the contract, and, if the licensee was aware of the condition that is subject to a limitation, exclusion, or condition clause in the contract, the licensee provided written notice to the property owner or agent of that condition within sixty days of discovery and provided the property owner the opportunity to correct that condition. If the property owner did not correct the condition within sixty days of the written notice, then the licensee may use the limitation, exclusion, or condition clause in the contract to deny repair or re-treatment.

(9) A licensee acting as a primary contractor who may subcontract the performance of the work to another licensee shall notify the customer that the performance of the work may be assigned to another licensee other than the primary contractor. This written notification shall be part of the contract as a separate statement itself or attached to the contract as a separate document, and must be signed or initialed by the consumer.

Rulemaking Authority 482.051, 570.07(22), 570.07(23) FS. Law Implemented 482.051(3) FS. History–New 1-1-77, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79, 10-25-90, Formerly 10D-55.105, Amended 8-11-93, 4-17-03, 6-1-06, 9-17-08, 11-26-08, 1-9-17, 8-8-21.