Chapter 482 — Chapter 482
35 sections in this chapter.
Fla. Stat. § 482.011 Short title
0.1K chars
This chapter may be cited as the “Structural Pest Control Act.”
Fla. Stat. § 482.021 Definitions
17.0K chars
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, trees, or plants are grown for commercial purposes;(b) Where a golf course, park, nursery, or cemetery is located; or(c) Wh…
Fla. Stat. § 482.032 Enforcement
2.4K chars
(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 officer to enforce, or to assist any duly authorized inspector or other agent of the department in the enforcemen…
Fla. Stat. § 482.051 Rules
5.7K chars
The department may adopt rules to implement the provisions of this chapter. Before proposing the adoption of a rule, the department shall counsel with members of the pest control industry concerning the proposed rule. The department shall adopt rules for the protection of the hea…
Fla. Stat. § 482.061 Inspectors
0.5K chars
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. The inspectors shall make inspections of licensees, conduct investigations as appropriate, a…
Fla. Stat. § 482.071 Licenses
7.9K chars
(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 to operate a pest control business that is not licensed by the department.(2)(a) Before entering business or upon transfer of busin…
Fla. Stat. § 482.072 Pest control customer contact centers
7.7K chars
(1) The department may issue a license to a qualified business to operate a customer contact center, to solicit pest control business, or to provide services to customers for one or more business locations licensed under s. 482.071. A person may not operate a customer contact cen…
Fla. Stat. § 482.0815 Permit to perform preventive termite treatment services for new construction only
7.2K chars
(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 which the licensee has a current termite treatment contract.(2) A permit shall be automatically renewe…
Fla. Stat. § 482.091 Employee identification cards
13.4K chars
(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 apply to the department for an identification card for each employee who will perform pest control therefor w…
Fla. Stat. § 482.111 Pest control operator’s certificate
14.9K chars
(1) The department shall issue a pest control operator’s certificate to each individual who qualifies under this chapter. Before issuance of an original certificate, an individual must complete an application for examination, pay the examination fee required under s. 482.141, and…
Fla. Stat. § 482.121 Misuse of certificate
1.7K chars
(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 he is in charge of the pest control activities of the licensee in the category or categories covered by her or his certificate;(b) She or he is a f…
Fla. Stat. § 482.132 Qualifications for examination and certification
8.6K chars
(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 the department proof that she or he is not under the disability of minority and is qualified to be a certified opera…
Fla. Stat. § 482.141 Examinations
2.9K chars
(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 two examinations each year. An applicant may seek certification in one or more categories.(2) …
Fla. Stat. § 482.151 Special identification card for performance of fumigation
7.0K chars
(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 fumigation. When performing fumigation, a special identification cardholder or certified operator may act onl…
Fla. Stat. § 482.152 Duties of certified operator in charge of pest control activities of licensee
1.6K chars
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…
Fla. Stat. § 482.155 Limited certification for governmental pesticide applicators or private applicators
5.4K chars
(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 property, and employees who apply pesticides to private property owned by their empl…
Fla. Stat. § 482.156 Limited certification for commercial landscape maintenance personnel
6.0K chars
(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 beds, driveways, sidewalks, and patios and to perform integrated pest management on o…
Fla. Stat. § 482.1562 Limited certification for urban landscape commercial fertilizer application
5.2K chars
(1) To provide a means of documenting and ensuring compliance with best management practices for commercial fertilizer application to urban landscapes, the department shall establish a limited certification for urban landscape commercial fertilizer application.(2) Beginning Janua…
Fla. Stat. § 482.157 Limited certification for commercial wildlife management personnel
4.4K chars
1(1) The department shall establish a limited certificate that authorizes a person who engages in the commercial trapping of wildlife to use nonchemical methods, including traps, mechanical or electronic devices, and exclusionary techniques to control commensal rodents.1(2) The d…
Fla. Stat. § 482.161 Disciplinary grounds and actions; reinstatement
12.3K chars
(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, certified operator, limited certificateholder, identification cardholder, or special identification cardholder or any other perso…
Fla. Stat. § 482.163 Responsibility for pest control activities of employee
0.5K chars
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 operator in charge, and the certified operator in charge may be disciplined pursuant to the provisions of s. 482.161 for the …
Fla. Stat. § 482.165 Unlicensed practice of pest control; cease and desist order; injunction; civil suit and penalty
4.0K chars
(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 has probable cause to believe that a person, partnership, firm, corporation, or other business entity not licens…
Fla. Stat. § 482.1821 Closing pest control business without providing for contracts and liabilities
0.4K chars
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 or satisfying its outstanding pest control contracts and liabilities. However, the department may waive this requirement if the licensee…
Fla. Stat. § 482.183 Limitations
1.2K chars
(1)(a) 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 the date of the violation.(b) For the purpose of this subsection, a charge of violation is considered to have been made upon the issuance of a …
Fla. Stat. § 482.191 Violation and penalty
2.5K chars
(1) It is unlawful to do any of the following:(a) Solicit, practice, perform, or advertise in pest control except as provided by this chapter.(b) Swear to or affirm a false statement in an application for a license or certificate issued pursuant to this chapter. A false statement…
Fla. Stat. § 482.211 Exemptions
3.6K chars
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 performed on a United States Department of Defense installation or other federal property, except as outlined in the …
Fla. Stat. § 482.226 Wood-destroying organism inspection report; notice of inspection or treatment; financial responsibility
10.8K chars
(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 the inspection or a written report is requested by the customer, a wood-destroying organism inspection report shall be provided by …
Fla. Stat. § 482.2265 Consumer information; notice of application of pesticide
3.5K chars
(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, or any other person who is a limited certificateholder under this chapter, shall, upon request, provide a customer …
Fla. Stat. § 482.2267 Registry of persons requiring prior notification of the application of pesticides
12.0K chars
(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 who pays an initial registration fee of $50 and submits to the department a certificate signed by …
Fla. Stat. § 482.227 Guarantees and warranties
2.9K chars
(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 to assure that contract language describing a “guarantee” or “warranty” is clear and easily identifiable for …
Fla. Stat. § 482.231 Use of fogging machines
0.3K chars
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 of such an operator, may use a thermal-aerosol fogging machine in general household pest control.
Fla. Stat. § 482.2401 Disposition and use of revenues from fees and fines
1.8K chars
(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 subsection (3), shall be used by the department in carrying out the provisions of this chapter and in the education of the pest c…
Fla. Stat. § 482.241 Liberal interpretation
0.2K chars
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, welfare, and safety.
Fla. Stat. § 482.242 Preemption
7.1K chars
(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 regulation of the activities and operations of pest control services, including the pesticides used pursuant to labeling a…
Fla. Stat. § 482.243 Pest Control Enforcement Advisory Council
6.3K chars
(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 the council is to advise the Commissioner of Agriculture regarding the regulation of pest control practices…