Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms, Responsibilities and Duties - Records, Reports, Advertising, Applications

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-14.105: Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms
5E-14.142: Responsibilities and Duties - Records, Reports, Advertising, Applications

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.05, February 3, 2006 issue of the Florida Administrative Weekly.

WHEN AMENDED THE PROPOSED RULE WILL READ AS FOLLOWS:

 

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

(1) No change.

(2) Such contract, except as provided in paragraph (3) of this section, or an exact facsimile 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) through (d) No change.

(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 issued after the effective date of this amendment 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) are to be excluded from coverage, this species must be named as excluded.  

(f) through (k) No change.

(3) In Contracts covering treatments for the prevention of subterranean termites for new construction, it shall clearly set forth that should subterranean termite infestation occur to the structure treated during the warranty period, additional treatment shall be performed to control the infestation. 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. 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), (j), and (k), F.A.C. 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  Ch.482.226(5), Florida Statutes.

(5) through (7) No change.

(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 1 or 2 above applies.  

(b) In the event a contract expires before a re-treatment 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 retreatment.   

Specific Authority 482.051 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,______________.

 

5E-14.142 Responsibilities and Duties - Records, Reports, Advertising, Applications.

(1) Records:

(a) Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by Department inspectors. Additionally, available for inspection by appropriate state officials at reasonable times there shall be maintained for a period of at least two years routine operational records containing information on kinds (names), amounts, uses, dates, and places of application of restricted-use pesticides.

(b) Each licensee shall comply with the terms of each pest control contract it issues.  (Moved to 5E-14.105(8)).

(2) through (8) No change.

Specific Authority 482.051 FS. Law Implemented 482.071 FS., 482.091 FS., 482.161(1)(g) FS., 482.226(1), (2), (4), (5), (6) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04,________.