As a Licensed Firearms Instructor in Florida, your Firearms Instructor License, issued by the Florida Department of Agriculture and Consumer Services (FDACS), allows you to train individuals in responsible firearm handling. However, an FDACS investigation or Administrative Complaint can put your license, reputation, and career in jeopardy.
At Elevate Legal Services, PLLC, we specialize in defending Firearms Instructors against FDACS violations, administrative complaints, and disciplinary hearings. If you are under investigation or have received an administrative complaint, don’t wait—call us at 561-770-3335 or email [email protected] for expert legal guidance to protect your license and livelihood.
Understanding FDACS Oversight of Firearms Instructor Licenses
FDACS regulates Firearms Instructor Licensing to ensure compliance with Florida law, proper training procedures, and public safety standards. Any violation—even unintentional—can result in:
License suspension or revocation
Fines and penalties
Restrictions on your ability to provide firearm training
Damage to your professional reputation
Whether the complaint comes from a student, law enforcement agency, or FDACS itself, it is crucial to act swiftly and strategically to protect your rights.
Common Reasons for FDACS Investigations and Administrative Complaints
Firearms instructors can face FDACS investigations for various reasons, including:
1. Providing Training Without Proper Certification
- Teaching firearms safety or concealed carry courses without an active, valid Firearms Instructor License from FDACS.
2. Failing to Follow Curriculum Standards
- Not covering all legally required training topics in concealed carry or firearms safety courses.
3. Improperly Issuing Certificates
- Awarding completion certificates to students who did not meet training requirements.
4. Failure to Maintain Accurate Records
- Inadequate documentation of student training, attendance, or issued certifications.
5. Unsafe Training Practices
- Negligence or improper firearm handling during instruction, leading to safety concerns or injuries.
6. Misrepresentation or False Statements
- Providing false information to FDACS during license applications, renewals, or investigations.
7. Criminal Convictions
- Certain criminal charges, including firearm-related offenses or violent crimes, can trigger an FDACS review of your license.
Understanding these common violations can help you proactively avoid complaints and prepare for potential investigations.
Step-by-Step Guide to Handling an FDACS Investigation
If you receive a Notice of Investigation or Administrative Complaint from FDACS, follow these steps to protect your Firearms Instructor License and professional standing.
Step 1: Review the Complaint Notification
FDACS will send you a formal notice detailing:
- The allegations against you.
- The laws or regulations you are accused of violating.
- The deadlines for responding to the complaint.
Read the document carefully and take note of any evidence FDACS has provided.
Step 2: Contact an Experienced Attorney Immediately
FDACS investigations are complex and time-sensitive. Any misstep in your response could lead to serious consequences.
At Elevate Legal Services, PLLC, we have extensive experience defending Licensed Firearms Instructors.
Call us at 561-770-3335 or email [email protected] to develop a strategic defense.
Step 3: Gather Supporting Documentation
Compile all relevant documents that can support your defense, including:
Training logs and attendance records
Course materials and curriculum outlines
Certificates issued to students
Correspondence with FDACS, students, or law enforcement agencies
Proof of compliance with FDACS training requirements
Your attorney will review these documents to determine the best defense strategy.
Step 4: Submit a Formal Response
FDACS requires you to submit a written response by the deadline in the complaint notice. Your response should:
Address each allegation directly
Provide evidence that supports your compliance
Highlight any procedural errors in the complaint
Failure to respond can result in automatic penalties, including license suspension or revocation.
Step 5: Cooperate With the FDACS Investigation (Cautiously)
FDACS may conduct a formal investigation, which could involve:
Requests for additional records
Interviews with students, colleagues, or witnesses
On-site inspections of training facilities
Do NOT provide statements or documents without legal guidance. FDACS investigators are looking for violations, and anything you say can be used against you.
Step 6: Prepare for the Probable Cause Panel Review
Once the investigation is complete, FDACS will present its findings to a Probable Cause Panel, which will decide whether to proceed with disciplinary action:
Case Dismissal – If insufficient evidence is found, the complaint may be dropped.
Administrative Complaint Issued – If FDACS determines violations occurred, the case moves to the next stage.
If an Administrative Complaint is issued, you may request a formal hearing before an Administrative Law Judge (ALJ).
Step 7: Defend Your License at a Formal Hearing
If your case proceeds to a formal hearing, you and your attorney will:
Present witness testimony and evidence in your defense
Cross-examine FDACS witnesses or complainants
Argue why the complaint should be dismissed or penalties reduced
If you do not request a hearing, FDACS will impose penalties without your input.
Potential Penalties for Firearms Instructors Facing FDACS Complaints
If FDACS finds you in violation, you may face:
Fines – ranging from hundreds to thousands of dollars per violation.
License Suspension or Revocation – Temporary or permanent loss of your Firearms Instructor License.
Probation or Compliance Orders – Additional training or supervision requirements.
Public Record of Disciplinary Action – This could harm future licensing or employment opportunities.
With the right legal strategy, you can fight against unfair penalties.
How to Prevent Future FDACS Complaints
To avoid future complaints or investigations, follow these best practices:
- Ensure Full Compliance with FDACS Regulations
Stay updated on training and certification requirements.
- Keep Detailed Records
Document every training session, including student attendance and coursework. - Provide Clear, Transparent Training
Follow all safety protocols and require hands-on participation from students. - Communicate Professionally with Students
Avoid misunderstandings that could lead to complaints. - Seek Legal Advice if Issues Arise
If FDACS contacts you for any reason, consult an attorney immediately.
Why Choose Elevate Legal Services, PLLC?
At Elevate Legal Services, PLLC, we understand the high stakes involved when facing an FDACS investigation. Our legal team provides:
Aggressive defense strategies for firearms instructors.
Representation in FDACS hearings and investigations.
Expert guidance to protect your license and career.
Call us today at 561-770-3335 or email [email protected] to ensure you have the strongest defense possible.
Conclusion
An FDACS investigation or Administrative Complaint can threaten your Firearms Instructor License, but with proactive legal defense, you can fight back.
At Elevate Legal Services, PLLC, we are ready to defend your rights.
Call us at 561-770-3335 or email [email protected] for immediate assistance.
Let us help you navigate the FDACS process and protect your future.
