florida law regarding termites

Differing levels of protection may be established within the protection area zones based upon an evaluation of the risk to human health and the environment. However, an infestation of termites can create an unhealthy and unsanitary living environment. 2001-280; s. 46, ch. 76-168; s. 180, ch. High recharge areas will receive higher protection than other areas due to their significance as current or future water use areas. Certification under this section does not authorize: The application of pesticides by unlicensed or uncertified personnel under the supervision of the certified person. 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. The sum of the periods for which emergency certificates are issued to the same licensee may not exceed 1 year during any 3-year period except in the event of the death of a certified operator in charge, in which case, additional emergency certificates may be issued for an extension of up to 120 days. - When researching Florida Law Regarding Termites, it is vital to be aware of the numerous sorts of electronic media sources, such as Google and YouTube. (a) Preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living human beings or other animals; or (b) Use as a plant regulator, defoliant, or desiccant. Florida Department of Agriculture and Consumer Services. (Florida Senator Blaise Ingoglia) "The reason behind filing this bill is that . 2d 279 (Fla. 1988). People live in this state to avoid the cold winter months. The following forms were designed and reviewed by the Florida Professional Applicators Alliance to comply with both Chapter 482, Florida Statutes, and Florida Building Code requirements. 482.111. 2002-295; s. 31, ch. Any applicant who fails to pass one or more categories may reapply for examination upon the payment of the applicable fee for each category in which the applicant seeks reexamination. s. 18, ch. 69-106; s. 2, ch. The period of time for which a second card may be issued may not exceed 1 year from the date of issuance, except in the category of fumigation for which a card may be issued for 2 years. Each application for examination must be accompanied by an examination fee set by the department, in an amount of not more than $150 or less than $50; and a recertification fee of $25 every 4 years. 97-103; s. 12, ch. 53, 59, ch. It IS NOT possible to treat termites that live beneath the surface. The purpose of this section is to assure that contract language describing a guarantee or warranty is clear and easily identifiable for the protection of consumers and licensees. An inspection report does not constitute a guarantee of the absence of wood-destroying organisms or damage therefrom or other evidence unless the report specifically states therein the extent of such guarantee. Termite fumigation, on the other hand, may be hazardous because it may use sulfuryl fluoride, a toxic gas with no odor that can cause nausea, vomiting, seizures, or death. 81-318; ss. 92-203; s. 432, ch. 78-292; ss. 2009-199. 97-103; s. 2, ch. A license automatically expires if a licensee changes the business address of its customer contact center location. The application for such identification card must be accompanied by an affidavit, signed by the prospective identification cardholder and by the licensee or certified operator in charge, which states that the prospective identification cardholder has received training in the detection and control of wood-destroying organisms, including but not limited to training in: The biology, behavior, and identification of wood-destroying organisms with particular emphasis on ones common in this state and the damage caused by such organisms; The inspection forms to be used to report the finding; and. Ornamental means any shrub, bush, tree or other plant used or intended for use: In connection with the occupation or use of any structure; or. The safe and proper use of the pesticides used. 78-292; ss. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. The answer is yes! If the department finds that the terms of any such probation have been violated, it may revoke the probation order immediately; and its initial order takes effect. In the United States, the majority of new homes are built with termite-resistant wood during the construction process. Wellhead protection area means an area designated by local government to protect the groundwater source for a well intended for human consumption for a community water system and includes the surface and subsurface area surrounding such a potable water wellfield. 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. 51, 59, ch. Additional fees. 19, 35, ch. A person may not perform periodic reinspections or retreatments unless she or he has an identification card issued under s. 482.091(9). 44, 59, ch. That vehicles and trailers used in pest control be permanently marked with the licensees name that is registered with the department. 1, 14, 15, ch. Without proper protection, termites can weaken the structure of a home and cause thousands of dollars in damages. Florida case law provides that, with some exceptions, a home seller must disclose any facts or conditions about the property that have a substantial impact on its value or desirability and that others cannot easily see for themselves. 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. 77-147; s. 1, ch. Inspecting For Subterranean Termites: A Step-By-Step Guide, The Stench Of Love: How Pepe Le Pews Signature Scent Has Been Used To Control Termites, Protecting Your Home From Termites: How To Safeguard Your Straw Bale Walls, Exploring The Causes Of And Solutions To The Mysterious Death Of Termites, The Threat Of Trichonymphas Disappearance On Termites And Our Global Ecosystem, Protecting Your Home And Business From Termites In South Florida, Does Citronella Really Work To Repel 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. 76-168; s. 376, ch. Before entering business or upon transfer of business ownership, and also annually thereafter, on or before an anniversary date set by the department for each licensed business location, each person, partnership, firm, corporation, or other business entity engaged in pest control must apply to the department for a license, or a renewal thereof, for each of its business locations. 2011-192; s. 11, ch. 2014-150; s. 61, ch. 2014-150. 97-103; s. 6, ch. 92-203; ss. A licensee shall display its current license at each of its business locations. The department may award a pest control operators certificate to an individual who has passed the examinations prescribed by the department and who submits to the department proof that she or he is not under the disability of minority and is qualified to be a certified operator with regard to the safety of persons and property, and is otherwise qualified under the provisions of this chapter and the rules made pursuant to this chapter. Hazardous materials shall be as defined in s. 403.74 and chapter 252. 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. Employee identification cards. Disclaimer: The information on this system is unverified. 92-203; s. 4, ch. Use as a plant regulator, defoliant, or desiccant. Three years after a revocation, application may be made to the department for reinstatement; and the department may authorize reinstatement. Yard workers who apply fertilizer only to individual residential properties using fertilizer and equipment provided by the residential property owner or resident are exempt from the requirements of this section. 91-224; ss. 1-800-HELP-FLA (1-800-435-7352) or 1-800-FL-AYUDA (1-800-352-9832), Mon.Fri. 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. Subterranean termites live in cooperative societies known as colonies. 82-229; s. 6, ch. The department shall appoint, as inspectors, a sufficient number of individuals whom the department has determined are qualified to perform the inspection or investigative work necessary. 89-180; ss. Termites pose a threat to Florida homeowners and landlords, and they should be aware of their potential damage and destruction. The mild temperatures in winter make Florida desirable to human beings but also to other species of animal. Landlords must, therefore, be proactive in terms of pest control in order to avoid any potential loss of property value or tenant safety. A railway car, motor vehicle, trailer, barge, boat, ship, aircraft, wharf, dock, warehouse, or common carrier. A certified operator in charge of the pest control activities of a licensee shall have her or his primary occupation with the licensee and shall be a full-time employee of the licensee, and her or his principal duty shall include the responsibility for the personal supervision of and participation in the pest control activities at the business location of the licensee as the same relate to: The selection of proper and correct chemicals for the particular pest control work performed. Sections R318.1.1 through R318.1.6 do not apply. In no event shall the distance exceed a. 14, 35, ch. The provisions of this chapter preempt to the state all regulation of the activities and operations of pest control services, including the pesticides used pursuant to labeling and registration approved under part I of chapter 487. If any pest control treatment is provided at the time of the inspection, the inspection report must also provide the name of each of the wood-destroying organisms for which treatment was provided, the name of the pesticide used, and all conditions and terms associated with that treatment. Zone of contribution means the area surrounding a well pumping water for human consumption that encompasses all areas or features that supply groundwater recharge to the well as determined by the relevant water management district or the local government. The Pest Control Enforcement Advisory Council is created within the department. 57, 59, ch. Land development regulations adopted pursuant to chapter 163 which include regulation of any aspect of development, including a subdivision, building construction, sign regulation or any other regulation concerning the development of land, or landscaping or tree protection ordinances which do not include pesticide application restrictions. 89-180; ss. The department shall establish a grace period not to exceed 30 days after the renewal date and shall assess a late fee of $150, in addition to the renewal fee, for a license that is renewed after the grace period. Table Tracing Session Laws to Florida Statutes (2022) [PDF] Index to Special and Local Laws (1971-2022) [PDF] Index to Special and Local Laws (1845-1970) [PDF] Statute Search Tips; . Other weed control not specifically regulated by this chapter. DIYers use liquid termiticides to combat termite infestations because they provide fast results and can be applied directly to the termite. Conviction in any court within this state of a violation of any provision of this chapter. Annual Termite Control Pest control companies recommend that termite control contractors inspect their property for termites on a regular basis to avoid termite damage. The inspection shall be made in accordance with good industry practice and standards as established by rule and must include inspection for all wood-destroying organisms. 65-295; s. 3, ch. Because these are pests, it is very common to find them in Florida homes. Drywood Termite. 82-229; s. 97, ch. Ensure your landlord conducts regular maintenance checks to spot early signs of infestations. However, until renewal fee rules are adopted, the initial license and renewal fees are each $600. 69-106; s. 3, ch. No local government or political subdivision of the state may enact or enforce an ordinance that regulates pest control, except that the preemption in this section does not prohibit a local government or political subdivision from enacting an ordinance regarding any of the following: Local business taxes adopted pursuant to chapter 205. The application equipment that may be used by a person certified pursuant to this section is limited to portable, handheld 3-gallon compressed air sprayers or backpack sprayers having no more than a 5-gallon capacity and does not include power equipment. 82-229; s. 5, 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. The department shall issue a pest control operators certificate to each individual who qualifies under this chapter. 59-454; s. 21, ch. Extending your homes gutter and drainage system by at least a foot will reduce moisture. The department shall suspend the license of any licensee who performs preventive termite treatments for new construction while its permit is suspended or revoked. s. 1, ch. 82-229; s. 8, ch. This legal requirement, commonly known as the "implied warranty of habitability", also outlines the rights of tenants when repairs are not made in a timely manner. What has to be disclosed? Place the party on probation for a period of not more than 2 years. The department shall prescribe by rule the qualifications, privileges, duties, and limitations of holders of special identification cards. A pest control business licensee may be subject to disciplinary action under s. 482.161 for a violation of this section or a rule adopted under this section committed by a person who solicits pest control services or provides customer service in a customer contact center operated by a licensee if the licensee participates in the violation. Any visible evidence of previous treatments for, or infestations of, wood-destroying organisms. Appropriate safety information pertaining to the pesticide product to be used, as provided on the label for that product. If you're selling real estate in Florida, and you know of any material defects that aren't easily detected by the naked eye, or you know of any defects that could adversely affect the property's value, you must disclose the information to all prospective buyers. However, the reader should be aware that because the laws, administrative . Habitual intemperance or addiction to narcotics. 94-194; s. 225, ch. 71-136; s. 3, ch. s. 1, ch. Valid Florida drivers license; Minimum of 3 years documented pest control experience under a licensed operation, and/or a college degree in a related field; Knowledge of Integrated Pest Management (IPM) Maintain compliance of all state and federal laws regarding pest control, wildlife control and pesticide usage

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