When Florida’s Department of Agriculture and Consumer Services (FDACS) issues an Administrative Complaint against an agricultural dealer license under Florida Statutes sections 604.15–604.34, it can have far-reaching consequences. These statutes regulate agricultural input dealers—including fertilizer, pesticide, seed, and feed dealers—to ensure compliance with licensing, recordkeeping, and safe handling standards. A complaint alleging violations could result in hefty fines, suspension of license, or even permanent revocation. In this article, we’ll explain the key provisions of Chapters 604.15 through 604.34, outline the most common violations, describe potential penalties, and walk you through a strategic process to respond effectively. Elevate Legal Services, PLLC stands ready to help agricultural dealers navigate these complex administrative proceedings and protect their livelihoods.
If you’re an agricultural dealer facing an FDACS Administrative Complaint under F.S. 604.15–604.34, it’s critical to act quickly. Elevate Legal Services, PLLC combines in-depth knowledge of agricultural law with practical experience defending administrative actions. Call us today at 561-770-3335 or email [email protected] to schedule a consultation. Let our legal team guide you through FDACS proceedings and help preserve your license and reputation.
Statute and Rule Breakdown: F.S. 604.15–604.34
1. F.S. 604.15 – Definitions
This section provides definitions of key terms including “agricultural input dealer,” “distributor,” “client-deposit account,” and “registrant.” An agricultural dealer must ensure proper classification and compliance under each applicable definition.
2. F.S. 604.16 – License Required
Requires individuals or firms marketing or distributing agricultural fertilizers, pesticides, or feed to hold a valid dealer license issued by FDACS. Operating without a license—whether knowingly or unknowingly—is a violation.
3. F.S. 604.17 – Client-Deposit Accounts
Mandates agricultural input dealers to establish and maintain client-deposit accounts for funds received from customers for fertilizers, pesticides, or feed to ensure fairness in purchasing transactions.
4. F.S. 604.18 – Bond or Financial Responsibility
Licensing requires proof of financial responsibility, typically via a surety bond or other approved mechanism, to safeguard clients against loss from culpable dealer actions.
5. F.S. 604.19 – Inspection and Records
Dealer licensees must allow FDACS officers to inspect premises and retain records for at least 3 years. This includes invoices, purchase orders, testing results, and client deposits.
6. F.S. 604.20 – Suspension and Revocation
FDACS can suspend or revoke licenses for negligence, intentional violations, sale of unregistered products, or if public safety is jeopardized.
7. F.S. 604.21 – Hearings and Proceedings
Sets forth procedures for administrative hearings when FDACS initiates action. Includes notice, opportunity to contest allegations, and appeals path.
8. F.S. 604.22 – Penalties
Authorizes civil penalties for violations, setting fines up to specified limits depending on nature and severity of infractions.
9. F.S. 604.23–604.34 – Regulatory Programs
Additional provisions include pesticide application standards, licensing fees, renewal requirements, interstate commerce rules, disposal protocols, and record audits.
These statutes create a regulatory framework compelling agricultural dealers to stay current with licensing, bonding, recordkeeping, and product registration.
Common Violations by Agricultural Input Dealers
Agricultural dealers often face complaints in administrative proceedings due to these frequent missteps:
1. Operating Without a Valid License
Conducting business or selling regulated products while a license is expired, suspended, or never issued. Even a minor lapse can trigger FDACS actions.
2. Improper Handling of Client-Deposit Funds
Failing to receive, segregate, or maintain client-deposit accounts properly. Misapplication of funds or mixing dealer capital with client deposits can breach F.S. 604.17.
3. Lack of Bond or Financial Responsibility
Operating without the required surety bond or proof of financial responsibility. FDACS requires active bonding to protect clients.
4. Inadequate Recordkeeping
Failing to maintain sufficient records, including sales invoices, testing logs, bond documentation, and purchase records. FDACS routinely audits records and may cite record deficiencies.
5. Sale of Unregistered or Misbranded Products
Distributing fertilizers, pesticides, or feed that lack proper registration, are labeled incorrectly, or contain prohibited ingredients/degradation that poses safety concerns.
6. Refusal to Allow FDACS Inspection
Blocking access by FDACS inspectors or refusing to provide requested documentation violates F.S. 604.19 and may result in more serious consequences.
7. Failure to Renew License or Pay Fees
Overlooking renewal deadlines or fee obligations may cause unintentional unlicensed operations and penalties.
8. Unsafe Logistics or Storage
Failing to store or transport agricultural inputs per chemical handling and containment regulations can subject dealers to regulatory action.
FDACS actively investigates complaints, conducts inspections, reviews documentation, and issues Administrative Complaints accordingly.
Penalties Under F.S. 604.15–604.34
Violating these statutes can invoke substantial consequences:
1. Civil Penalties
FDACS may assess fines up to $1,000 per violation per day for knowing noncompliance. For major infractions—e.g., distributing poisons or unsafe products—penalties can escalate.
2. License Suspension or Revocation
FDACS has the authority to immediately suspend licenses pending hearing, or permanently revoke licenses after due process—halting business operations.
3. Injunctive or Corrective Orders
FDACS may require statutory compliance—e.g., implementing proper client-deposit accounts or recordkeeping systems.
4. Reputational Damage
A formal complaint, especially public, can damage relationships with customers, dealers, and suppliers. It undermines credibility and market trust.
5. Escalation to Criminal or Other Regulatory Agencies
If violations suggest fraud, environmental harm, or public safety threats, FDACS may refer the matter for criminal prosecution under Chapters 482 or 570, or to the EPA for pesticide violations.
Step‑by‑Step Guide to Responding to an FDACS Complaint
Early, strategic action can significantly limit fallout from FDACS administrative proceedings. Steps include:
Step 1: Do Not Ignore the Complaint
An FDACS complaint triggers a strict deadline to request a hearing—typically 21 days from service of the complaint. Failure to timely request a hearing waives your rights to formal proceedings and may lead to default judgment.
Step 2: Engage an Attorney Immediately
Administrative proceedings are legal processes. Elevate Legal Services, PLLC can analyze allegations, gather documents, advise on submitted responses, and handle correspondence and hearing representation.
Step 3: Request Production and Discovery
Through an administrative hearing, seek disclosure of all FDACS evidence: complaint file, inspection reports, test results, sampling methods, notice-of-violation letters, and internal guidelines used by FDACS.
Step 4: Conduct a Thorough Internal Audit
Review your licensing status, bonding coverage, client-deposit management, product registrations, and recordkeeping. Document any present compliance or remediation taken.
Step 5: Identify Defenses or Mitigating Circumstances
Potential defenses may include:
- Error in FDACS inspection reports
- Prompt corrective action once aware of deficiency
- Procedural errors (e.g., no proper FDACS notice prior to complaint)
- Unintentional clerical errors unrelated to sales or safety
Document these and gather proof.
Step 6: Negotiate a Settlement
In many cases, FDACS will entertain settlements to avoid full hearing. Options include memo of understanding, stipulations, corrective action plan, or agreed fine. With credible corrective steps and representation, dealers often negotiate lower penalties.
Step 7: Prepare for Administrative Hearing
If settlement fails, assemble supporting witnesses—staff, customers, record specialists—and expert testimony. Introduce evidence showing compliance, client trust, and harm avoidance.
Step 8: Attend the Hearing
Appearing at FDACS’s Division of Administrative Hearings, professionals from Elevate Legal Services, PLLC will argue your position, cross‑examine state witnesses, and present your case in a logical, factual manner.
Step 9: Challenge Decision or File Appeal
If the final administrative order imposes a penalty that’s unreasonable or flawed legally, you may file an appeal in circuit court under the Administrative Procedure Act within 30 days.
Step 10: Follow through
Even after resolving the complaint, document your ongoing compliance measures—renewed bonds, updated client‑deposit controls, staff training, updated safety manuals. These efforts deter future action and support your credibility if FDACS returns.
Why Choose Elevate Legal Services, PLLC?
- Specialized Knowledge of F.S. 604.15–604.34
We are familiar with agricultural dealer licensing and FDACS’s inspection routines. Our deep understanding of definitions, bonding, deposits, and record rules ensures strategic defense.
- Proven Track Record in FDACS Administrative Hearings
Elevate Legal Services, PLLC has successfully defended clients across Florida, from license warnings to full complaint dismissals. - Strategic, Client-Centered Representation
We prioritize prompt communication, tailor strategies to your business context, and coordinate across state and federal regulatory frameworks. - Effective Negotiation Skills
Our lawyers are skilled at negotiating resolutions that reduce penalties and preserve licenses. We aim to settle complaints quickly, cost-effectively, and with minimal disruption. - Comprehensive Compliance Programs
Beyond hearings, we assist in bond review, deposit account establishment, licensing calendar systems, record templates, and staff training to strengthen your long-term compliance posture.
Final Thoughts & Call to Action
FDACS complaints under F.S. 604.15–604.34 can threaten your ability to operate, impose steep fines, and erode customer confidence. However, with proactive strategy rooted in a clear understanding of statutory obligations, many dealers successfully defend themselves, preserve their licenses, and continue operating without major disruption.
If you’re facing an FDACS Administrative Complaint, don’t wait until the deadline passes. Contact Elevate Legal Services, PLLC at 561-770-3335 or [email protected] today. We provide a complimentary initial consultation to assess your situation, explain your rights, and propose a tailored response plan. Get ahead of this challenge—we’ll help you resolve the matter efficiently while protecting your license and reputation
About Elevate Legal Services, PLLC
Elevate Legal Services, PLLC is a Florida-based law firm known for defending agricultural dealer licenses and Administrative Complaints before FDACS. With a client-first approach, thorough legal knowledge, and a strong track record, we help dealers respond effectively to regulatory challenges and maintain full compliance. Call us now at 561-770-3335 or email [email protected] to start preserving your business today.
