Miami-Dade Legislative Item
File Number: 112425
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File Number: 112425 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1094-11 Control: Board of County Commissioners
File Name: HIRING PRACTICES FOR PEST CONTROL Introduced: 11/17/2011
Requester: NONE Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 11A15
Notes: 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
Indexes: LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Lynda Bell, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 11A15 Adopted P

County Attorney 11/17/2011 Assigned Michael B. Valdes 11/22/2011

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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