Fla. Admin. Code Ann. R. 5E-14.142 - Responsibilities and Duties - Records, Reports, Advertising, Applications

(1) Records: Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by department inspectors for a minimum of two years. Additionally, routine operational records containing information on product brands (names), amounts, uses, dates, and places of application of restricted-use pesticides shall be kept at the licensed business location for a minimum of two years. Records kept electronically must be provided to the department upon request. Licensees operating in the category of fumigation shall record this information above along with the individual fumigant cylinder identification number utilized to fumigate a structure. Records for preventive treatment of subterranean termites in new construction shall be maintained for a minimum of three years pursuant to Section 482.051(5), F.S.

(2) Pest control business licensees, certified operators, or employees of the licensee must supply any information that supports application(s) or form(s) filed with the department and shall permit authorized department representatives to view any such records upon written request.

(3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used.

(a) In addition, the following safety procedures shall be followed to enhance safety in the clearance of structures fumigated with a residential fumigant. The certified operator for the contracted licensee shall maintain records relating to the fumigation clearance of structures fumigated with a residential fumigant. Such records shall consist of the following information for each application:

1. Name and license number of the licensee responsible for the fumigant application;

2. Name of the person who applied the fumigant;

3. Date and time of the following: fumigant introduction, start of aeration, completion of aeration, and final testing for clearance;

4. Location of treatment site;

5. Detailed information relating to each label required clearance period including names of employees and personnel involved and start and stop times;

6. Total volume (cubic feet or other appropriate units) of the fumigated space;

7. Brand name or EPA registration number of the pesticide product applied; and,

8. Total amount in pounds or ounces, of fumigant and warning agent applied.

(b) Licensees or applicators operating in the category of fumigation shall use the Fumigation Log, FDACS-13000, Rev. 05/21, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13512, while onsite. Licensees or applicators operating in the category of fumigation pursuant to Section 482.111(2)(a), F.S., may use an alternative fumigation log form only if it incorporates all information required to be recorded in the current Fumigation Log, FDACS-13000, Rev. 05/21. All licensees performing fumigation shall retain any records relating to the fumigation required by this rule for a period of two (2) years from the date of the fumigation. Upon request by the department, the licensee or certified operator in charge shall make available the records required to be maintained under this rule and shall permit the authorized representative to copy or photograph any of the records. The original records shall be maintained by the licensee.

(4) The required information shall be recorded no later than two (2) working days after the date of application and may be incorporated into other business transaction records.

(5) Reports:

(a) Each licensee shall immediately notify the department in writing of any loss or change of certified operator in charge of pest control activities, giving effective date. This shall also include notification of change while operating under an emergency certificate.

(b) Each licensee shall notify the department in writing within ten (10) working days of any change in firm name, business address, mailing address, telephone number, ownership status, termination or suspension or resumption of business activities, sale or transfer of any valid pest control contract(s) and change of certified operator's home address or telephone number.

(c) Termite or other wood-destroying organism inspection report:

Pursuant to Sections 482.226(1), (2), (4) and (5), F.S., each licensee having a certified operator certified in the category of termite or other wood-destroying organism control and who makes and reports the findings of a wood-destroying organism inspection in writing shall provide the party requesting the inspection with the inspection findings on the Wood-Destroying Organisms Inspection Report, FDACS-13645, Rev. 05/21, which is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13518, or the department's website under the header "Forms" at http://www.FDACS.gov. The licensee shall not place any disclaimers or additional language on the Wood-Destroying Organisms Inspection Report as incorporated by reference and adopted above. The licensee shall inspect for all wood-destroying organisms as defined in Section 482.021(28), F.S., in accordance with the following inspection standards:

1. The inspection will include all areas accessible by normal means but does not cover those areas that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings, furniture, equipment, stored articles, insulation, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure.

2. The inspection will be visual but may include probing and sounding of structural members as deemed necessary by the inspector, based upon a preliminary finding of visual evidence of infestation or damage.

3. The inspection shall include an examination for visual evidence of wood-decaying fungi and damage caused by wood-decaying fungi. Wood-decaying fungi are fungi that can cause damage to wood, such as those that produce white rot, brown rot, poria, and cubical rot, but not surface molds that do not cause damage to sound wood.

(6) Advertising:

(a) Pest control advertising on service vehicles, in telephone directories or other advertising media shall in all cases be factual and shall be set forth only under the licensee's name or trade name registered with the Department. Unregistered fictitious names are prohibited.

(b) All pest control telephone directory advertising, including long distance lines shall in all cases show the licensee's name or trade name registered with the Department, complete licensed business location address from where services will be performed and telephone numbers.

(c) Solicitation and acceptance of pest control must be performed by an identification card holder whether performed in person or by telephone.

(7) A licensee shall notify its contract holders of any change in business location within thirty (30) days after the change and a sample copy of such notice shall be furnished to the Department.

(8) When a licensee acquires and becomes responsible for the pest control contracts of another licensee or former licensee he shall give written notice to all such contract holders within thirty (30) days, and shall furnish the Department with a list of the individual contracts acquired, or if applicable, a statement that all contracts of the other licensee or former licensee have been acquired.

(9) Business license application: In accordance with Section 482.071(1), F.S., the following shall be submitted online at http://www.FDACS.gov or via the Pest Control Business License Application, FDACS-13605, Rev. 06/23, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15981.

(a) A statement signed by the certified operator(s) in charge that all information given in Department business license application is true and correct and that he will promptly notify the Department in writing of any subsequent changes thereof, except change of home address and primary duty of identification card holders other than certified operators.

(b) The issuance fee for each original license shall be $300. An applicant may request his application to be immediately expedited and processed by paying a special handling fee in the amount of $50.

(c) The renewal fee for each original license shall be $300.

(d) Either the licensees or the licensee's certified operator in charge must also submit an Application for Pest Control Employee-Identification Card, FDACS-13606, Rev. 06/23, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15980, with each original or renewal business license application, or any business license change (Change of Address, Change of Name or Change of Owner), or within 30 days of employment of that employee in accordance with Section 482.091(1)(b), F.S.

(10) Any licensee who performs wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. shall show proof of meeting minimum financial responsibility at the time of license application or renewal thereof. Documented proof shall be in the form of an insurance certificate showing coverage for professional liability (errors and omissions), specifically covering wood-destroying organism inspection reports, in an amount no less than $500, 000 in the aggregate and $250, 000 per occurrence or proof of bond on a form acceptable to the State of Florida issued by the insurer in an amount no less than $500, 000 in the aggregate and $250, 000 per occurrence or a certified public accountant's notarized statement that a review or audit was performed on the licensee within one year of the license application and that the licensee's net worth or equity on the date of the audit or review was no less than $500, 000. No licensee shall perform wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. without meeting the required financial responsibility.

(11) Personal protective measures: All licensees shall provide their employees with personal protective clothing and equipment as directed on the registered label, and shall instruct employees to use such clothing and equipment while engaged in the application of pesticides.

(12) During the temporary absence of the certified operator currently in charge, the licensee may designate another certified operator, certified in the same categories as the certified operator in charge, to perform the duties that require the physical presence of a certified operator for a period of time not to exceed thirty (30) days. For the purpose of this chapter, temporary absence shall mean any absence whereupon the certified operator in charge would reasonably be expected to return to his duties. The licensee shall notify the department in writing of any such temporary absence giving the name of the substituting temporary certified operator jointly responsible with the licensee, and the dates of the temporary absence.

(13) All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.

Notes

Fla. Admin. Code Ann. R. 5E-14.142

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265 FS.

New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 9-17-08, 1-4-09, 5-20-12, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/9/2017, Amended by Florida Register Volume 43, Number 080, April 25, 2017 effective 5/7/2017, Amended by Florida Register Volume 45, Number 029, February 12, 2019 effective 2/27/2019, Amended by Florida Register Volume 47, Number 174, September 8, 2021 effective 9/21/2021, Amended by Florida Register Volume 49, Number 197, October 10, 2023 effective 10/24/2023.

New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17, 2-27-19, 9-21-21, 10-24-23.