Miami-Dade
Legislative Item File Number: 112425 |
Printable PDF Format Clerk's Official Copy |
File Number: 112425 | File Type: Resolution | Status: Adopted | ||||||||||||
Version: 0 | Reference: R-1094-11 | Control: Board of County Commissioners | ||||||||||||
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Requester: NONE | Cost: | Final Action: 12/6/2011 | ||||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 12/6/2011 | 11A15 | Adopted | P | |||
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County Attorney | 11/17/2011 | Assigned | Michael B. Valdes | 11/22/2011 | |||
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Legislative Text |
TITLE RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE REGULATION OF THE HIRING PRACTICES FOR RESIDENTIAL AND COMMERCIAL PEST CONTROL COMPANIES AND REQUIRE PEST CONTROL COMPANIES TO INCUR NON-WAIVABLE LIABILITY FOR THEFT WHILE PROPERTY IS UNDER THEIR CONTROL, OR, IN THE ALTERNATIVE, TO GRANT LOCAL GOVERNMENTS GREATER ABILITY TO ENACT THEIR OWN REGULATIONS BODY WHEREAS, current Florida law expressly preempts any ordinance by local government that regulates pest control; and WHEREAS, present regulations regarding licensure and certification of pest control operators have inadequately protected consumers; and WHEREAS, homes or businesses undergoing tent fumigation are, by necessity, frequently left with doors unlocked and windows ajar; and WHEREAS, these homes or businesses are left highly vulnerable to theft with little protection for the property owners; and WHEREAS, burglaries at properties under tent fumigation are a well-documented problem that pest control companies are well aware of; and WHEREAS, property owner insurance is not a solution to the problem and best reserved for truly unpreventable or unforeseeable instances; and WHEREAS, the process of filing insurance claims is often a tiresome ordeal, includes a deductible, and provides little solace to a property owner who has just lost valuable property; and WHEREAS, home burglaries can have a pervasive negative effect on owners and residents who, well after the incident, may still feel unsafe in their own homes; and WHEREAS, contracts for tent fumigation routinely require home owners or businesses to grant pest control companies a waiver of any liability in the event of theft or property damage; and WHEREAS, the legal relationship between property owner and pest control company ought to be understood as one between bailor and bailee, for the property owner has transferred control of their property to the pest control company; and WHEREAS, pest control companies are the parties best situated to secure the property while fumigation is underway, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Urges the Florida Legislature to increase regulation of the hiring practices for residential and commercial pest control companies and require pest control companies to incur non-waivable liability for theft while property is under their control, or, in the alternative, to grant local government greater ability to enact their own regulations. Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation. Section 3. Directs the County�s state lobbyists to advocate for the issue identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 state legislative package to include this item and to include this item in the 2013 state legislative package. |
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