5E-14.105: Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms
PURPOSE AND EFFECT: The purpose and effect of the proposed rules are to add amendments to the rule regarding contracts for wood destroying organisms that would require the signature on these contracts, would require a master contract for treatment of multiple properties owned by a single owner, require periodic reinspections, require the use of a Department form for informing consumers when a second contract for the same wood destroying organism control is offered, and require a damage repair warranty when a protection contract is offered but no treatment is performed.
SUBJECT AREA TO BE ADDRESSED: Contractual Agreements in the Public’s Interest-Control and Preventive Treatment for Wood Destroying Organisms.
SPECIFIC AUTHORITY: 482.051 FS.
LAW IMPLEMENTED: 482.051(3) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2007, 10:00 a.m.
PLACE: Mid-Florida Research and Education Center, 2725 S. Binion Road, Apopka, FL 32703-8504
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mr. Steve Dwinell, Division of Agricultural Environmental Services, 3125 Conner Blvd., Tallahassee, Florida 32399. Telephone (850)488-7447
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
5E-14.105 Contractual Agreements in Public’s Interest – Control and Preventive Treatment for Wood-Destroying Organisms.
(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, or offer of protection from, wood-destroying organisms.
(2)(a) through (j) No change.
(k) The signature of the licensee or his authorized representative, and the signature,
or when unavailable the verbal consent, 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 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, 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), (j), and (k), F.A.C., and
(c) For treatment of multiple properties for a single owner, a licensee shall enter into a master contract with the owner or authorized agent prior to treatment that provides for the fulfillment of the requirements of paragraph (a) above.
(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) through (5) No change.
When P periodic reinspections shall be or retreatments are specified in wood-destroying organisms preventive or control contracts, and the licensee shall furnish the property owner or his authorized agent, after each reinspection or retreatment, 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 in using DACS form (number to be specified)
letter form signed by property owner or authorized agent.
(8) No change.
(9) Contracts offered for protection from WDO for which no treatment is performed within one year of the issuance of the contract shall include a damage repair warranty.
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, 6-1-06,_________.