Florida Statutes
Fla. Stat. § 482.227 (2025)
Guarantees and warranties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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482.227 Guarantees and warranties.—
(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.
Notes of Decisions
Cited in 4
cases, 1991–2006 · leading case: Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006).
Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
Rollins, Inc. v. Butland, 932 So. 2d 1172 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
Westminster Assocs., Ltd. v. Orkin Exterminating Co. (In re Westminster Assocs., Ltd.), 285 B.R. 38 (Bankr. M.D. Fla. 2002). “In sum, this Court finds that Florida Statutes Section 482.227 prevents Defendant from arguing that its defenses found on the back of the Agreements absolve it from liability.”
Falcon Termite & Pest Control, Inc. v. Florida Ins. Guar. Ass'n, 589 So. 2d 331 (Fla. 4th DCA 1991). “Section 482.227, Florida Statutes (1989), permits pest controllers to use the terms “guarantee” or "warranty" in contracts for the treatment of wood-destroying organisms.”
— 482.227(1) — 2 cases
Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
Rollins, Inc. v. Butland, 932 So. 2d 1172 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
— 482.227(2) — 3 cases
Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
Rollins, Inc. v. Butland, 932 So. 2d 1172 (Fla. 2d DCA 2006). “anging dispute, the Appellees' complaint asserted six claims against the Appellants: deceptive and unfair trade practices (count I); misleading advertising (count II); Florida RICO-criminal racketeering (count III); breach of contract (count IV); unjust enrichment (count V); and…”
Westminster Assocs., Ltd. v. Orkin Exterminating Co. (In re Westminster Assocs., Ltd.), 285 B.R. 38 (Bankr. M.D. Fla. 2002). “In sum, this Court finds that Florida Statutes Section 482.227 prevents Defendant from arguing that its defenses found on the back of the Agreements absolve it from liability.”
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