The department shall waive the fees for examination for certification and for issuance or renewal of the certificates during the time that those individuals serve as inspectors for the department. Quick Facts. The Florida Building Code contains a number of provisions that are designed to increase the effectiveness of preventative treatments for termites and decrease construction practices that make structures susceptible to termite infestation. An application for examination must be made in accordance with the rules of the department. The department shall adopt rules necessary to administer this section. A person may not operate a customer contact center for a pest control business if the customer contact center is not licensed by the department. Hazardous material unlawful discharge and disposal. The Florida Keys have the highest rate of termite damage, both of which can be found in Palm Beach County: Asian subterranean termites reach all the way to Charleston, SC, and Formosan subterranean termites reach the Florida Keys all the way to Palm Beach County. 92-203; s. 3, ch. After expiration, a new certificate shall be issued only upon successful reexamination and payment of the examination and late fees. The department shall issue a new license upon payment of a $250 fee. 2. (d)A license automatically expires if a licensee changes its customer contact center business location. 69-106; s. 434, ch. A permit shall be probationary for 120 days after a licensee is found to be in violation of s. 482.051(5) or a rule relating to the application of specific amounts, concentrations, and treatment areas, except for provisions governing recordkeeping. 76-168; s. 383, ch. Other weed control not specifically regulated by this chapter. Generally, the average cost of a termite treatment in Florida is between $500 and $1,500. Florida Department of Agriculture and Consumer Services Pest Control Division. Termite and Other Wood Destroying Organism (WDO) Reports (also known as termite and other wood destroying organisms reports) are strongly recommended and required by Floridas Department of Consumer Services when purchasing a home. This subsection does not apply to a certified operator who is certified in the category of pest control with respect to termites and other wood-destroying organisms. The department may adopt rules to implement the provisions of this chapter. Beginning January 1, 2014, any person applying commercial fertilizer to an urban landscape must be certified under this section. See:Langel v. Hastings, 537 So. Having termite-infested material on hand can also help you avoid costly termite repairs. A licensee may not automatically be considered responsible for violations made by an employee. 77-147; s. 1, ch. A degree with advanced training or a major in entomology, botany, agronomy, or horticulture from a recognized college or university, which training or major included the completion of at least 20 semester hours or 30 quarter hours of college credits in those subjects, plus 1 years employment as a service employee of a licensee that performs pest control in the category or categories in which the applicant seeks certification or the successful completion of a 1-year entomology program at a public university in this state which specializes in urban pest management and includes practical pest management experience. s. 55, ch. 92-203; s. 6, ch. It is a violation of this chapter for anyone other than the property owner to remove such notice at any time. 78-292; ss. If you found this information helpful, please share this article and bookmark it for your future reference. The department shall provide the appropriate reference material and make the examination readily accessible and available to all applicants at least quarterly or as necessary in each county. The certificate issued must state the categories allowed thereby. Termites pose a threat to Florida homeowners and landlords, and they should be aware of their potential damage and destruction. 77-147; s. 1, ch. 78-292; ss. As a result, it is critical to remember that termite prevention is a year-round process, so it is critical to be on the lookout for signs of termite infestations and to be vigilant. Individuals certified in a particular category, or individuals operating pursuant to the authority of a certified individual, may not perform operations outside that categorys job scope if such operations are within the job scope of another category, unless the individual is certified in that category or unless otherwise provided in this chapter. The state requires the use of a standard seller's disclosure form that you must fill out and provide to potential buyers, and you must note any known problems, including the presence of termites. Annually, on or before an anniversary date set by the department, an individual so issued a pest control operators certificate must apply to the department on a form prescribed by the department for renewal of such certificate. 65-295; ss. This originally came from the court case of Johnson v. Davis, 480 So.2d 625 (Fla. 1985). For the purposes of this section, agriculture has the same meaning as in s. 570.02. It allows . The department shall publish quarterly a list of disciplinary actions taken pursuant to this section and shall provide such list to each licensee. 2, 3, ch. 81-318; ss. s. 1, ch. 82-229; ss. Because these are pests, it is very common to find them in Florida homes. 30, 59, ch. 59-454; s. 1, ch. Any charge of a violation of this chapter or of the rules adopted pursuant to this chapter by a licensee affects only the license or permit of the business location from which the violation is alleged to have occurred. (1)The department may issue a license to operate a customer contact center from which to solicit pest control business or provide services to customers for one or more business locations licensed under s. 482.071. 77-457; s. 19, ch. People live in this state to avoid the cold winter months. In such case, either the licensee or certified operator in charge shall obtain and destroy the expired card. Drywood termites were transported here from the tropics, concealed within infested wooden ships and materials. A copy of the inspection report shall be retained by the licensee for a period of not less than 3 years. If soil treatment is used, must be done after compaction. 34, 59, ch. 81-318; ss. 78-292; ss. 91-224; ss. If, after appropriate hearing in accordance with chapter 120, the department finds that a licensee, certified operator, limited certificateholder, identification cardholder, or special identification cardholder has committed any act described in subsection (1), but further finds that such act is of such nature or occurred under such circumstances that suspension or revocation of the license, certificate, limited certificate, identification card, or special identification card would either be detrimental to the public or be unnecessarily harsh under the circumstances, it may, in lieu of executing the order of suspension or revocation, either: Reprimand the party publicly or privately; or. The department may require any licensee disciplined for a violation of s. 482.226 to submit to the department reports for wood-destroying organism inspections and treatments performed. General household pest control means pest control with respect to any structure, not including fumigation or pest control with respect to termites and other wood-destroying organisms. A. 65-295; ss. The department may not issue a permit or renew the permit to perform preventive termite treatments if the applicant or licensee or any of its directors, officers, owners, or general partners are or were directors, officers, owners, or general partners of a pest control business that went out of business or sold the business within 5 years immediately preceding the date of application or renewal and failed to reimburse the prorated renewal fee of any customers remaining wood-destroying-organism contract periods or failed to provide for another licensed pest control operator to assume its existing wood-destroying-organism contract responsibility. 2002-295; s. 13, ch. Therefore, we strongly recommend talking with a Florida real estate lawyer to learn your rights. If a person is found by the department to have violated any of the other terms of this chapter or of the rules adopted pursuant to this chapter, the department may declare such probation revoked; and, in its proceeding with regard to such additional violation, the department may consider the violation for which probation is in effect in determining the extent of its order with regard to such additional violation. 59-454; s. 1, ch. 59-454; s. 1, ch. Answer. 69-106; s. 3, ch. 69-106; s. 26, ch. Florida has warm weather most of the year. 77-116; ss. 96-410; s. 6, ch. REGULATION OF PROFESSIONS AND OCCUPATIONS. After a grace period not exceeding 30 calendar days following the anniversary renewal date, the department shall assess a late renewal charge of $50, which must be paid in addition to the renewal fee. The common or brand name of the pesticide to be used and the common name of the active ingredient in that pesticide. Dont wait until the last minute to have a licensed pest control company inspect and treat your home. judge's view of the law. 81-318; ss. 82-229; s. 2, ch. After a grace period not exceeding 30 calendar days following such renewal date, the department shall assess a late renewal charge of $25, which must be paid in addition to the renewal fee. If soil treatment is used, vapor barrier must be installed. The Florida legislature requires a termite barrier between the ground and the house to be installed, and it allows multiple methods of providing it, including soil-applied pesticides, baiting systems, and pesticides applied to wood, or other approved termite prevention methods. Mid Florida Research and Education Center, 2725 S. Binion Road, .. 17957530: 9/1/2016 Vol. Termites are not a health code violation, although they may cause significant damage to structures and property. 76-168; s. 1, ch. 82-229; s. 10, ch. 53, 59, ch. A limited certification for urban landscape commercial fertilizer application issued under this section expires 4 years after the date of issuance. 42, 59, ch. 19, 35, ch. Florida Building Code and Termite Protection The Florida Building Code contains a number of provisions that are designed to increase the effectiveness of preventative treatments for termites and decrease construction practices that make structures susceptible to termite infestation. Employee means a person who is employed by a licensee that provides that person with necessary training, supervision, pesticides, equipment, and insurance and who receives compensation from and is under the personal supervision and direct control of the licensees certified operator in charge and from whose compensation the licensee regularly deducts and matches federal insurance contributions and federal income and Social Security taxes. If such advanced training or major is in entomology, the applicant is qualified for examination in all categories; but if such advanced training or major is in botany, agronomy, or horticulture, the applicant is qualified for examination only in the category of lawn and ornamental pest control. 77-147; s. 1, ch. 56, 59, ch. 301 East Pine Street, Suite 1400 Orlando FL 32801 Telephone: (407) 843-8880 Facsimile: (407) 244-5690 Email: gary.salzman@gray-robinson.com . The department shall establish a fee of at least $600, but not more than $1,000, for the issuance of a customer contact center license and a fee of at least $600, but not more than $1,000, for renewal of a customer contact center license. 65-295; s. 3, ch. If you do not act immediately, you may have to replace sagging floors and ceilings, as well as other wooden surfaces in your home. Included on the list of landlord responsibilities is "The extermination of rats, mice . A licensee holding a permit must maintain accurate records of all pesticides purchased, obtained, or available for its use; the total amount of the area treated using soil applied termiticides; and the total number of sites treated using this and any other method of treatment. The department may not issue a permit or renew the permit to perform preventive termite treatments if the applicant or licensee or any of its directors, officers, owners, or general partners are or were directors, officers, owners, or general partners of a pest control business that went out of business or sold the business within 5 years immediately preceding the date of application or renewal and failed to reimburse the prorated renewal fee of any customers remaining wood-destroying-organism contract periods or failed to provide for another licensed pest control operator to assume its existing wood-destroying-organism contract responsibility. Certification under this section does not authorize: The application of pesticides by unlicensed or uncertified personnel under the supervision of the certified person. The use of the antibiotic oxytetracycline hydrochloride or other antibiotic for the control of lethal yellowing. Termites and other wood-destroying organisms pest control means pest control with respect to any termite or other wood-destroying organisms, including fungi, by the use of any chemical or mechanical methods, including moisture control for the prevention or control of fungus in existing structures, but not including fumigation or general household pest control. Statutes, Video Broadcast New construction means the erection of a new building or the construction of an addition to an existing building, which encloses a space and requires a building permit under applicable building codes. That the department may issue an immediate stop-use or stop-work order for fumigation performed in violation of fumigant label requirements or department rules, or in a manner that presents an immediate serious danger to the health, safety, or welfare of the public, including, but not limited to, failure to use required personal protective equipment, failure to use a required warning agent, failure to post required warning signs, failure to secure a structures usual entrances as required, or using a fumigant in a manner that will likely result in hazardous exposure to humans, animals, or the environment. Unless timely renewed, a license automatically expires 60 calendar days after the anniversary renewal date. The statement must be on a form prescribed by the department and must identify at least the date, location, provider, and subject of the training and must provide such other information as required by the department. 65-295; ss. (2)(a)Before operating a customer contact center, and biennially thereafter, on or before a renewal date set by the department, a pest control business must apply to the department for a license or license renewal for each customer contact center location it operates. 2d 538 (Fla. 1985). 2003-35; s. 3, ch. 97-103; s. 12, ch. If you want to treat termites in your home, you should contact a pest control company who is licensed and who inspects your home for them. The fee for an examination shall be set by the department but may not be more than $200 or less than $100 for each category; however, until rules setting these fees are adopted by the department, the fee for each category shall be $100. Fumigation means the use, within an enclosed space or in or under a structure or tarpaulins, of a fumigant in concentrations that may be hazardous to human beings. Stat. To be eligible to take the examination, an applicant must have completed 6 classroom hours of plant bed and ornamental continuing education training approved by the department and provide sufficient proof, according to criteria established by department rule. These records must be kept on file with the department, and these records and other documents about matters within the jurisdiction of the council are subject to inspection by members of the council. 89-180; ss. 83-218; s. 15, ch. Notification shall include the location to which the pesticide is to be applied and must also include information on the type of pesticide to be used, except in an instance of pesticide application of a small amount on an infestation or disease that is discovered onsite at the time of treatment. 77-147; s. 1, ch. 91-145; ss. High recharge areas will receive higher protection than other areas due to their significance as current or future water use areas. Reconsider wood-product . 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