The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 482
PEST CONTROL

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F.S. 482.227

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.

F.S. 482.227 on Google Scholar

F.S. 482.227 on Casetext

Amendments to 482.227

Arrestable Offenses / Crimes under Fla. Stat. 482.227

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 482.227.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ROLLINS, INC. v. BUTLAND, 951 So. 2d 860 (Fla. Dist. Ct. App. 2006)

. . . Section 482.227 provides that any contract for the treatment of wood-destroying organisms must use the . . . declaratory and injunctive relief relating to the validity of the disclaimers in the Contract under section 482.227 . . . contract and improperly attempted to limit the termite protection guarantee, all in violation of section 482.227 . . . they had not. • The Appellants misused the word “guarantee” in the Contract in violation of section 482.227 . . .

ROLLINS, INC. v. BUTLAND, 932 So. 2d 1172 (Fla. Dist. Ct. App. 2006)

In WESTMINSTER ASSOCIATES, LTD. v. Co., 285 B.R. 38 (Bankr. M.D. Fla. 2002)

. . . Relevant Florida Statute In 1982, the Florida legislature enacted § 482.227(2), Florida Statutes, to . . . Defendant has argued, however, that the statute is inapplicable to the subject Agreement because § 482.227 . . . Defendant’s suggestion that § 482.227(2) is inapplicable is therefore without merit. . . . In sum, this Court finds that Florida Statutes Section 482.227 prevents Defendant from arguing that its . . . This Court further finds that even if Florida Statutes 482.227 does not apply to the contractual disclaimers . . .

FALCON TERMITE PEST CONTROL, INC. v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 589 So. 2d 331 (Fla. Dist. Ct. App. 1991)

. . . Section 482.227, Florida Statutes (1989), permits pest controllers to use the terms “guarantee” or "warranty . . .