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Florida Statute 482.161 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 482
PEST CONTROL
View Entire Chapter
F.S. 482.161
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, certified operator, limited certificateholder, identification cardholder, or special identification cardholder or any other person, or may suspend, revoke, or deny the issuance or renewal of any license, certificate, limited certificate, identification card, or special identification card that is within the scope of this chapter, in accordance with chapter 120, upon any of the following grounds:
(a) Violation of any provision of this chapter or of any rule of the department adopted pursuant to this chapter.
(b) Conviction in any court within this state of a violation of any provision of this chapter.
(c) Habitual intemperance or addiction to narcotics.
(d) Conviction in any court in any state or in any federal court of a felony, unless civil rights have been restored.
(e) Knowingly making false or fraudulent claims with respect to pest control; knowingly misrepresenting the effects of materials or methods used in pest control; or knowingly failing to use materials or methods suitable for the pest control undertaken.
(f) Performing pest control in a negligent manner.
(g) Failure to give to the department, or authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this chapter.
(h) Fraudulent or misleading advertising relative to pest control or advertising in an unauthorized category of pest control.
(i) Failure to pay an administrative fine imposed pursuant to subsection (7).
(j) Impersonation of a department employee.
(k) Swearing to or affirming any false statement in an application for a license issued pursuant to this chapter.
(l) Cheating on an examination required for licensure under this chapter or violating a published test center or examination procedure provided orally, in writing, or electronically at the test site and affirmatively acknowledged by the examinee.
(2) A revocation or suspension of a license, certificate, or limited certificate is effective for all categories unless the department, in its sole discretion, suspends or revokes fewer than all categories thereof.
(3) Three years after a revocation, application may be made to the department for reinstatement; and the department may authorize reinstatement.
(4) Any charge of a violation of this chapter or of the rules adopted pursuant to this chapter by a licensee affects only the license or permit of the business location from which the violation is alleged to have occurred. Another license or permit may not be issued to the same licensee, or to any person who has an ownership interest in the suspended or revoked business license of the licensee and who knew or should have known of the violation that resulted in the suspension or revocation, for a new business location in the same county or any contiguous county for a period of 3 years after the effective date of the suspension or revocation.
(5) If, after appropriate hearing in accordance with chapter 120, the department finds that a licensee, certified operator, limited certificateholder, identification cardholder, or special identification cardholder has committed any act described in subsection (1), but further finds that such act is of such nature or occurred under such circumstances that suspension or revocation of the license, certificate, limited certificate, identification card, or special identification card would either be detrimental to the public or be unnecessarily harsh under the circumstances, it may, in lieu of executing the order of suspension or revocation, either:
(a) Reprimand the party publicly or privately; or
(b) Place the party on probation for a period of not more than 2 years.
(6)(a) 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.
(b) If a person is found by the department to have violated any of the other terms of this chapter or of the rules adopted pursuant to this chapter, the department may declare such probation revoked; and, in its proceeding with regard to such additional violation, the department may consider the violation for which probation is in effect in determining the extent of its order with regard to such additional violation.
(7) The department, pursuant to chapter 120, in addition to or in lieu of any other remedy provided by state or local law, may impose an administrative fine in the Class II category pursuant to s. 570.971 for a violation of this chapter or of the rules adopted pursuant to this chapter. In determining the amount of fine to be levied for a violation, the following factors shall be considered:
(a) The severity of the violation, including the probability that the death, or serious harm to the health or safety, of any person will result or has resulted; the severity of the actual or potential harm; and the extent to which this chapter or the rules adopted pursuant to this chapter were violated;
(b) Any actions taken by the licensee or certified operator in charge, or limited certificateholder, to correct the violation or to remedy complaints;
(c) Any previous violations of this chapter or of the rules adopted pursuant to this chapter; and
(d) The cost to the department of investigating the violation.
(8) An administrative law judge may, in lieu of or in addition to imposition of a fine, recommend probation or public or private reprimand. A public reprimand must be made in a newspaper of general circulation in the county of the licensee.
(9) The department shall publish quarterly a list of disciplinary actions taken pursuant to this section and shall provide such list to each licensee.
(10) 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. These reports must be submitted at such times as required by the department but not more frequently than once a week.
History.s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 383, ch. 77-147; s. 1, ch. 77-457; s. 12, ch. 78-292; ss. 2, 3, ch. 81-318; ss. 10, 14, 15, ch. 82-229; s. 13, ch. 89-180; ss. 42, 59, ch. 92-203; s. 7, ch. 94-194; s. 225, ch. 96-410; s. 6, ch. 2001-280; s. 5, ch. 2003-35; s. 15, ch. 2014-150; s. 61, ch. 2015-2; s. 7, ch. 2024-137.

F.S. 482.161 on Google Scholar

F.S. 482.161 on Casetext

Amendments to 482.161


Arrestable Offenses / Crimes under Fla. Stat. 482.161
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 482.161.



Annotations, Discussions, Cases:

Cases Citing Statute 482.161

Total Results: 8

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2006-12-15

Citation: 951 So. 2d 860, 2006 WL 3686484

Snippet: not operate in accordance with the rules. See §§ 482.161, .191, Fla. Stat. Furthermore, both the State Attorney's

Baker v. Florida Department of Agriculture & Consumer Services

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 1161, 2006 Fla. App. LEXIS 14668, 2006 WL 2519564

Snippet: termites in violation of sections 482.051(5) and 482.161(l)(e), Florida Statutes, and Florida Administrative

Rollins, Inc. v. Butland

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 1172, 2006 WL 1791705

Snippet: not operate in accordance with the rules. See §§ 482.161-.191, Fla. Stat. Furthermore, both the State Attorney's

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-05-31

Snippet: not to exceed $1,000 per occurrence. And see, s 482.161(1) and (7), F.S., which authorizes the Department

Rifkin v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1977-04-01

Citation: 345 So. 2d 349

Snippet: — Section 459.14(2)(a) Pest Control — Section 482.161(4) Pharmacy — Section 465.101(l)(g) Pilots — Pilotage—Section

Pest Control Commission of Florida v. Ace Pest Control, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1968-10-24

Citation: 214 So. 2d 892, 1968 Fla. App. LEXIS 5067

Snippet: suspension and revocation are set out in Section 482.161. When any person is charged with a violation, the

Flaig v. Pest Control Commission

Court: District Court of Appeal of Florida | Date Filed: 1968-08-22

Citation: 213 So. 2d 471, 1968 Fla. App. LEXIS 5142

Snippet: improperly and negligently done in violation of Section 482.161 (6) and Rule 1701-2.04(3); that the method and

Wilson v. Pest Control Commission of Florida

Court: District Court of Appeal of Florida | Date Filed: 1967-05-24

Citation: 199 So. 2d 777, 1967 Fla. App. LEXIS 4930

Snippet: the petitioner violated provisions of F.S.A. § 482.161(7)[1] by failing in his application to give the