5E-14.142: Responsibilities and Duties - Records, Reports, Advertising, Applications
PURPOSE AND EFFECT: Professional liability insurance requirements for licensees performing wood-destroying organisms inspections as provided by Section 12 of Chapter 2011-206, Laws of Florida.
SUMMARY: This is a new rule implementing changes in the law set forth in Section 12 of 2011 HB 7215, amending Section 482.226(6), F.S., which was enacted into law on July 1, 2011. This rule increases the minimum financial responsibility for errors and omissions insurance coverage for performing wood destroying organism inspections.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 482.051 FS.
LAW IMPLEMENTED: 482.021(21), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.226(1), (6) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Michael J. Page, Chief of Bureau of Entomology and Pest Control, 1203 Governors Square Boulevard, Tallahassee, Florida 32301-2961, (850)617-7997, Michael.Page@freshfromflorida.com.
THE FULL TEXT OF THE PROPOSED RULE IS:
5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.
(1) through (5) No change.
(6) Any licensee who performs wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S., shall show proof of meeting minimum financial responsibility at the time of license application or renewal thereof. Documented proof shall be in the form of an insurance certificate showing coverage for professional liability (errors and omissions), specifically covering wood-destroying organism inspection reports, in an amount no less than $500,000 $50,000 in the aggregate and $250,000 $25,000 per occurrence or proof of bond on a form issued by the insurer in an amount no less than $500,000 $50,000 in the aggregate and $250,000 $25,000 per occurrence or a certified public accountant’s notarized statement that a review or audit was performed on the licensee within one year of the license application and that the licensee’s net worth or equity on the date of the audit or review was no less than $500,000 $100,000. No licensee shall perform wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. without meeting the required financial responsibility.
(7) through (8) No change.
Rulemaking Specific Authority 482.051 FS. Law Implemented 482.021(21), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.226(1), (6) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 9-17-08, 1-4-09,_________.