Florida Statutes

Title XXXII Regulation Of Professions And Occupations

Chapter 482 Pest Control

  • 482.011   Short title.
    This chapter may be cited as the "Structural Pest Control Act." History.--s. 1, ch. 59-454; s. 1, ch. 65-295; s. 3, ch. 76-168; s. 1,...
  • 482.021   Definitions.
    For the purposes of this chapter, and unless otherwise required by the context, the term: (1)  "Agricultural area" means an area: (a)  Upon which a ground crop,...
  • 482.032   Enforcement.
    (1)  The department is empowered to enforce this chapter. (2)  It is the duty of every state attorney, sheriff, police officer, and other appropriate county or municipal...
  • 482.051   Rules.
    The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Prior to proposing the adoption...
  • 482.061   Inspectors.
    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...
  • 482.071   Licenses.
    (1)  The department may issue licenses to qualified businesses to engage in the business of pest control in this state. It is unlawful for any person...
  • 482.0815   Permit to perform preventive termite treatment services for new construction only.
    (1)  A licensee must have a permit to perform preventive termite treatments for new construction, except for preventive termite treatments on additions to existing structures for...
  • 482.091   Employee identification cards.
    (1)(a)  Each employee who performs pest control for a licensee must have an identification card. (b)  Either the licensee or the licensee's certified operator in charge must...
  • 482.111   Pest control operator's certificate.
    (1)  The department shall issue a pest control operator's certificate to each individual who qualifies under this chapter. Before engaging in pest control work, each certified...
  • 482.121   Misuse of certificate.
    (1)  A certified operator may not allow her or his certificate to be used by a licensee to secure or keep a license unless: (a)  She or...
  • 482.132   Qualifications for examination and certification.
    (1)  The department may award a pest control operator's certificate to an individual who has passed the examinations prescribed by the department and who submits to...
  • 482.141   Examinations.
    (1)  Each individual seeking certification must satisfactorily pass an examination which must be written but which may include practical demonstration. The department shall hold at least...
  • 482.151   Special identification card for performance of fumigation.
    (1)  Any individual who performs fumigation must be a special identification cardholder, unless such individual is a certified operator who is certified in the category of...
  • 482.152   Duties of certified operator in charge of pest control activities of licensee.
    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...
  • 482.155   Limited certification for governmental pesticide applicators or private applicators.
    (1)(a)  The department shall establish limited certification categories for: 1.  Persons who apply pesticides only as governmental employees. 2.  Persons who apply pesticides only to their own private...
  • 482.156   Limited certification for commercial landscape maintenance personnel.
    (1)  The department shall establish a limited certification category for individual commercial landscape maintenance personnel to authorize them to apply herbicides for controlling weeds in plant...
  • 482.161   Disciplinary grounds and actions; reinstatement.
    (1)  The department may issue a written warning to or impose a fine against, or deny the application for licensure or licensure renewal of, a licensee,...
  • 482.163   Responsibility for pest control activities of employee.
    Proper performance of pest control activities by a pest control business employee is the responsibility not only of the employee but also of the certified...
  • 482.165   Unlicensed practice of pest control; cease and desist order; injunction; civil suit and penalty.
    (1)  It is unlawful for a person, partnership, firm, corporation, or other business entity not licensed by the department to practice pest control. (2)  If the department...
  • 482.1821   Closing pest control business without providing for contracts and liabilities.
    A licensee may not close its pest control business and open up a new pest control business under a different name without providing for meeting...
  • 482.183   Limitations.
    (1)  A person may not be charged with a violation of this chapter or any rule adopted pursuant to this chapter more than 3 years after...
  • 482.191   Violation and penalty.
    (1)  It is unlawful to solicit, practice, perform, or advertise in pest control except as provided by this chapter. (2)  A person who violates any provision of...
  • 482.211   Exemptions.
    This chapter does not apply to: (1)  Pest control, except for fumigation, performed by a person upon her or his own individual residential property. (2)  Pest control...
  • 482.226   Wood-destroying organism inspection report; notice of inspection or treatment; financial responsibility.
    (1)  When an inspection for wood-destroying organisms is made by a licensee for purposes of a real estate transaction and either a fee is charged for...
  • 482.2265   Consumer information; notice of application of pesticide.
    (1)  Any person, partnership, firm, corporation, or other business entity that is licensed or certified under this chapter to engage in the business of pest control,...
  • 482.2267   Registry of persons requiring prior notification of the application of pesticides.
    (1)  The department shall maintain a current registry of persons requiring prior notification of the application of pesticides. Upon request, the department shall register any person...
  • 482.227   Guarantees and warranties; contracts executed after October 1, 2003.
    (1)  The Legislature finds that the terms "guarantee" and "warranty" are common in contracts for the treatment of wood-destroying organisms. The purpose of this section is...
  • 482.231   Use of fogging machines.
    Only a certified operator who is certified in the category of general household pest control, or an authorized employee of a licensee under the supervision...
  • 482.2401   Disposition and use of revenues from fees and fines.
    (1)  All moneys collected or received by the department under this chapter shall be deposited in the Pest Control Trust Fund and, except as provided in...
  • 482.241   Liberal interpretation.
    The provisions of this chapter shall be liberally construed in order to effectively carry them out in the interest of the public and its health,...
  • 482.242   Preemption.
    (1)  This chapter is intended as comprehensive and exclusive regulation of pest control in this state. The provisions of this chapter preempt to the state all...
  • 482.243   Pest Control Enforcement Advisory Council.
    (1)  The Pest Control Enforcement Advisory Council is created within the department. The Commissioner of Agriculture shall appoint all members of the council. The purpose of...