Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-14 - ENTOMOLOGY - PEST CONTROL REGULATIONS › Part I - PUBLIC HEALTH AND SAFETY › Section 5E-14.105 - Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms

Current through Reg. 50, No. 138; July 16, 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.