Florida Administrative Code
5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
5E - Division of Agricultural Environmental Services
Chapter 5E-14 - ENTOMOLOGY - PEST CONTROL REGULATIONS
Part VI - LICENSEES
Section 5E-14.142 - Responsibilities and Duties - Records, Reports, Advertising, Applications
Current through Reg. 50, No. 187; September 24, 2024
(1) Records: 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 for a minimum of two years. Additionally, routine operational records containing information on product brands (names), amounts, uses, dates, and places of application of restricted-use pesticides shall be kept at the licensed business location for a minimum of two years. Records kept electronically must be provided to the department upon request. Licensees operating in the category of fumigation shall record this information above along with the individual fumigant cylinder identification number utilized to fumigate a structure. Records for preventive treatment of subterranean termites in new construction shall be maintained for a minimum of three years pursuant to Section 482.051(5), F.S.
(2) Pest control business licensees, certified operators, or employees of the licensee must supply any information that supports application(s) or form(s) filed with the department and shall permit authorized department representatives to view any such records upon written request.
(3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used.
(4) The required information shall be recorded no later than two (2) working days after the date of application and may be incorporated into other business transaction records.
(5) Reports:
Pursuant to Sections 482.226(1), (2), (4) and (5), F.S., each licensee having a certified operator certified in the category of termite or other wood-destroying organism control and who makes and reports the findings of a wood-destroying organism inspection in writing shall provide the party requesting the inspection with the inspection findings on the Wood-Destroying Organisms Inspection Report, FDACS-13645, Rev. 05/21, which is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13518, or the department's website under the header "Forms" at http://www.FDACS.gov. The licensee shall not place any disclaimers or additional language on the Wood-Destroying Organisms Inspection Report as incorporated by reference and adopted above. The licensee shall inspect for all wood-destroying organisms as defined in Section 482.021(28), F.S., in accordance with the following inspection standards:
(6) Advertising:
(7) A licensee shall notify its contract holders of any change in business location within thirty (30) days after the change and a sample copy of such notice shall be furnished to the Department.
(8) When a licensee acquires and becomes responsible for the pest control contracts of another licensee or former licensee he shall give written notice to all such contract holders within thirty (30) days, and shall furnish the Department with a list of the individual contracts acquired, or if applicable, a statement that all contracts of the other licensee or former licensee have been acquired.
(9) Business license application: In accordance with Section 482.071(1), F.S., the following shall be submitted online at http://www.FDACS.gov or via the Pest Control Business License Application, FDACS-13605, Rev. 06/23, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15981.
(10) Any licensee who performs wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. shall show proof of meeting minimum financial responsibility at the time of license application or renewal thereof. Documented proof shall be in the form of an insurance certificate showing coverage for professional liability (errors and omissions), specifically covering wood-destroying organism inspection reports, in an amount no less than $500, 000 in the aggregate and $250, 000 per occurrence or proof of bond on a form acceptable to the State of Florida issued by the insurer in an amount no less than $500, 000 in the aggregate and $250, 000 per occurrence or a certified public accountant's notarized statement that a review or audit was performed on the licensee within one year of the license application and that the licensee's net worth or equity on the date of the audit or review was no less than $500, 000. No licensee shall perform wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. without meeting the required financial responsibility.
(11) Personal protective measures: All licensees shall provide their employees with personal protective clothing and equipment as directed on the registered label, and shall instruct employees to use such clothing and equipment while engaged in the application of pesticides.
(12) During the temporary absence of the certified operator currently in charge, the licensee may designate another certified operator, certified in the same categories as the certified operator in charge, to perform the duties that require the physical presence of a certified operator for a period of time not to exceed thirty (30) days. For the purpose of this chapter, temporary absence shall mean any absence whereupon the certified operator in charge would reasonably be expected to return to his duties. The licensee shall notify the department in writing of any such temporary absence giving the name of the substituting temporary certified operator jointly responsible with the licensee, and the dates of the temporary absence.
(13) All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.
Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265 FS.
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, 6-1-06, 7-23-08, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17, 2-27-19, 9-21-21, 10-24-23.