(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 the protection of consumers and licensees. Therefore the following provisions shall apply to each new contract for the treatment of wood-destroying organisms issued by the licensee and signed by the customer.
(2) Any contract for treatment of wood-destroying organisms must specify on the first page in bold print that it is offered for repair and retreatment or for retreatment only or that no warranty or guarantee is offered.
(3) The contract for treatment of wood-destroying organisms must specify on the first page in bold print whether there are any disclaimers, limitations, conditions, or exclusions on the licensee’s obligation to repair or re-treat the property. Contract sections describing disclaimers, limitations, conditions, or exclusions applicable to the licensee’s obligation to repair or re-treat the property must contain headings in bold print.
(4) If a contract for treatment of wood-destroying organisms contains a disclaimer, limitation, condition, or exclusion applicable to the licensee’s obligation to repair or re-treat the property, the term “full” or “unlimited” may not be used together with the term “guarantee” or “warranty.”
History.—ss. 13, 15, ch. 82-229; ss. 53, 59, ch. 92-203; ss. 20, 21, ch. 2002-295; s. 122, ch. 2020-2.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
482.072 - Pest Control Customer Contact Centers.
482.0815 - Permit to Perform Preventive Termite Treatment Services for New Construction Only.
482.091 - Employee Identification Cards.
482.111 - Pest Control Operator’s Certificate.
482.121 - Misuse of Certificate.
482.132 - Qualifications for Examination and Certification.
482.151 - Special Identification Card for Performance of Fumigation.
482.152 - Duties of Certified Operator in Charge of Pest Control Activities of Licensee.
482.155 - Limited Certification for Governmental Pesticide Applicators or Private Applicators.
482.156 - Limited Certification for Commercial Landscape Maintenance Personnel.
482.1562 - Limited Certification for Urban Landscape Commercial Fertilizer Application.
482.157 - Limited Certification for Commercial Wildlife Management Personnel.
482.161 - Disciplinary Grounds and Actions; Reinstatement.
482.163 - Responsibility for Pest Control Activities of Employee.
482.1821 - Closing Pest Control Business Without Providing for Contracts and Liabilities.
482.191 - Violation and Penalty.
482.2265 - Consumer Information; Notice of Application of Pesticide.
482.2267 - Registry of Persons Requiring Prior Notification of the Application of Pesticides.
482.227 - Guarantees and Warranties.
482.231 - Use of Fogging Machines.
482.2401 - Disposition and Use of Revenues From Fees and Fines.