Current through Reg. 50, No. 187; September 24, 2024
(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.
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.
