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  #51  
Old 07-12-2012, 06:34 PM
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ooh i definately agree with you 100% ..Same stuff happens with General Contractors license in the construction industry ..I see it all the time down here ..
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  #52  
Old 07-12-2012, 08:12 PM
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stickleylawncare stickleylawncare is offline
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Sometimes its a pain to read all the legal jargon and piece it all together, but if you just look at January's Disciplinary memo 880, there are several warning letters for Unlicensed - Advertising Pest Control, and a $1000 fine. Seems like a pretty sold "No you cant advertise Pest Control for someone else" And I think a lawn guy selling the side of his truck as a billboard idea would be pretty damn transparent and youd be listed on the next memo.
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  #53  
Old 07-12-2012, 09:35 PM
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Quote:
Originally Posted by stickleylawncare View Post
Sometimes its a pain to read all the legal jargon and piece it all together, but if you just look at January's Disciplinary memo 880, there are several warning letters for Unlicensed - Advertising Pest Control, and a $1000 fine. Seems like a pretty sold "No you cant advertise Pest Control for someone else" And I think a lawn guy selling the side of his truck as a billboard idea would be pretty damn transparent and youd be listed on the next memo.
I saw that and that is what prompted my questions.. and that would make sense if I was advertising that "I" do the service.. but I'm not as I've already stated a couple hundred times in this thread.. I want to advertise for someone else.. read the posts comparing it to selling billboard space..

again it seems as though this is a big grey area until someone can find out for sure.. but thanks for your post
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  #54  
Old 07-12-2012, 10:17 PM
Duekster Duekster is offline
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Originally Posted by Ric View Post
.

OK GIRLS, Here are the actual statute that apply to advertising. Please note there are 2 statute that apply and you must put them together to see the answer. Bottom Line is you can not Advertise Pest Control in Florida unless you are Licensed. I know the law I just can't remember every statute number.

5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.

(3) Advertising:
(a) Pest control advertising on service vehicles, in telephone directories or other advertising media shall in all cases be factual and shall be set forth only under the licensee’s name or trade name registered with the Department. Unregistered fictitious names are prohibited.
(b) All pest control telephone directory advertising, including long distance lines shall in all cases show the licensee’s name or trade name registered with the Department, complete licensed business location address from where services will be performed and telephone numbers.
(c) Solicitation and acceptance of pest control must be performed by an identification card holder whether performed in person or by telephone.







482.091 Employee identification cards.—

(1)(a) Each employee who performs pest control for a licensee must have an identification card.

(b) Either the licensee or the licensee’s certified operator in charge must apply to the department for an identification card for each employee who will perform pest control therefor within 30 days after employment of that employee, on a form prescribed by the department. The licensee and the licensee’s certified operator in charge are jointly responsible for obtaining such identification cards.


(2)(a) An identification cardholder must be an employee of the licensee and work under the direction and supervision of the licensee’s certified operator in charge and shall not be an independent contractor. An identification cardholder shall operate only out of, and for customers assigned from, the licensee’s licensed business location. An identification cardholder shall not perform any pest control independently of and without the knowledge of the licensee and the licensee’s certified operator in charge and shall perform pest control only for the licensee’s customers.


In Edit Any Employee with a ID Card must have Taxes taken out and pay into State unemployeement insurance
Sounds clear to me unless you just want to play dumb or are dumb.
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  #55  
Old 07-12-2012, 11:14 PM
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mjlcare2 mjlcare2 is offline
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it says and I quote,

(c) Solicitation and acceptance of pest control must be performed by an identification card holder whether performed in person or by telephone.


so.. what does acceptance of pest control mean then.. I can't interpret that..
if you accept pest control you are the buyer having the service? and need to be a card holder?

and mine would neither be in person or by telephone.. in person (ie, door to door, handing out cards for, etc..)

interpretation of the law is a b*tch isn't it! that's what lawyers are for.. fight for interpretation


why did you post the
482.091 Employee identification cards.—

that doesn't have anything to do with advertising..
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  #56  
Old 07-13-2012, 06:35 AM
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Burnie Burnie is offline
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Answers on here are how someone interprets what the law says. Why not just call the department and ask them? 850-617-7997 is the number. How they interpret the law is the important thing. If they say NO, drop it and move on, if they say NO PROBLEM, then go for it. Anytime you are unsure it is best to ask the horses mouth so to speak. I see it as a rolling billboard, but before I would do something like that I would call the department first to make sure that is what they think also. JMHO
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  #57  
Old 07-13-2012, 07:10 AM
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Better yet have them put it in writing for you ...bwahahaha ! ..Like that would happen ....The reason they wont put it in writing is because when the blood sucking attorneys put these laws into effect they always leave an opening so you can INTERPRETE it either way ...Keeps them making that $300 an hour ...My personal opinion is for the way that statue is written is that if i am selling pest control services as well as doing those services which i sold you than i need to be licensed ...I guess i am a rebel and like to live on the edge ....I would feel secure in putting a pest control name on my trailer ..BECAUSE I DO NOT do the services ...However i would try and get a straight answer from someone at the doa ...And good luck with that ! lol
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  #58  
Old 07-13-2012, 09:23 PM
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Ric, clear some PM space
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  #59  
Old 07-13-2012, 09:32 PM
Duekster Duekster is offline
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In Texas, we have to take CEU's on law. You also have to understand labels.

Just saying, Thanks Ric
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  #60  
Old 07-13-2012, 10:09 PM
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Quote:
Originally Posted by zturncutter View Post
Ric, clear some PM space
Zturn

You have my E mail address, Please use it. I have no desire to clear my PM box and get hit with a ton of private questions.

.
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