Receiving an administrative complaint from the Florida Department of Agriculture and Consumer Services (FDACS) can feel like a direct threat to everything you’ve built while defending your agricultural dealer license
If you are a broker, dealer, or merchant in the Florida agriculturalspace, you know that your license isn’t just a permit; it is your livelihood. The stress of facing potential fines or license revocation is overwhelming.
But here is the good news.
An Administrative Complaint is the beginning of a process, not the end of your career. You have specific legal rights and pathways to defend your business and resolve these disputes.
Call Elevate Legal Services, PLLC today on 561-770-3335 for a confidential consultation, or contact usto speak with an attorney about your matter.
In this guide, we will break down the nuances of Florida Statutes 604.15 through 604.34, explain how to handle violations of F.S. 604.17, and provide a step-by-step roadmap for protecting your professional standing. You will walk away with a clear understanding of the law and the confidence to take the next right step.
Understanding the Landscape of Florida Statute 604
Florida is an agricultural powerhouse. To maintain the integrity of this industry, the state enforces strict regulations under Florida Statutes 604.15 – 604.34.
These laws govern “Dealers in Agricultural Products.” If you buy, receive, solicit, or handle agricultural products from Florida producers for resale, you fall under this regulatory umbrella.
Why the FDACS Monitors Dealers
The FDACS is tasked with protecting producers from unfair business practices. This means they look closely at how dealers handle contracts, payments, and financial accountability.
While the intent is to keep the industry honest, even the most diligent business owners can find themselves caught in a web of technicalities and administrative oversight. OurProfessional License Defense team frequently sees how these technicalities can escalate.
Common Triggers for Administrative Complaints
Most FDACS complaints stem from specific statutory violations. Knowing these “red flags” can help you audit your current processes before the state steps in.
1. Violations of F.S. 604.17: The Handling of Funds
Florida Statute 604.17 is one of the most common grounds for a complaint. This statute deals with how dealers must account for and pay for the products they receive.
Specifically, it requires:
- Timely payment to producers.
- Accurate accounting of all transactions.
- The maintenance of a “client-deposit account” in specific scenarios.
If a producer files a complaint alleging they weren’t paid on time, the FDACS will trigger an investigation that could lead to an Administrative Complaint.
2. Failure to Maintain Bonding Requirements
Under F.S. 604.20, dealers must be bonded. If your surety bond lapses or is deemed insufficient for your volume of business, the FDACS may move to suspend your license immediately. This is a high-priority area for ourBusiness Litigation experts.
3. Record-Keeping Negligence
The state requires you to keep detailed records of every transaction for at least three years. If an FDACS inspector arrives and your files are incomplete, you are vulnerable to a violation under F.S. 604.19.
The FDACS Administrative Process: What to Expect
When the state alleges a violation, they don’t just take your license away overnight. Chapter 120, Florida Statutes, dictates a formal process.
Here’s what that means legally.
You are entitled to due process. To protect your business, you must follow these specific steps:
- Review the Administrative Complaint:You will receive a formal document outlining the “Findings of Fact” and “Conclusions of Law.” This is the state’s official allegation against you.
- File the Election of Rights (EOR):This is the most critical document in your file. You typically have only 21 daysfrom the date you receive the complaint to respond.
- Choose Your Defense Path:You must decide between a Formal Hearing (disputing the facts), an Informal Hearing (admitting facts but arguing for a lower penalty), or a Settlement.
- Attend the Hearing or Mediation:Evidence is presented, or negotiations are held to resolve. OurAttorney Profiles detail our experience in these specific administrative arenas.
- The Final Order:The FDACS Commissioner issues a Final Order. This is the official verdict that stays on your professional record.
Strategies for Defending Your Agricultural Dealer License
The goal of a defense is simple: stay in business. At Elevate Legal Services, PLLC, we pursue every available strategy to protect your operations while defending your agricultural dealer license
Identifying Procedural Errors
Sometimes, the FDACS makes mistakes. Did they provide proper notice? Did they conduct their investigation within the bounds of the law? If the state failed to follow the rules, we may be able to have the complaint dismissed.
Substantial Compliance
If you committed a technical error but the producer was never harmed, we argue for “substantial compliance.” This strategy focuses on showing that the spirit of the law was met, even if a minor lapse occurred.
Negotiating Settlement Agreements
In many cases, the state is more interested in future compliance than in putting you out of business. We often negotiate “Stipulated Settlement Agreements” that allow you to continue operations while paying a reduced fine or serving a probationary period.
Why Professional Representation Matters
You might be tempted to call the FDACS investigator yourself to “clear things up.”
Wait.
Anything you say to an investigator can be used as evidence against you in a formal proceeding. A professional copy of your statement can become the evidence that leads to a license revocation.
At Elevate Legal Services, PLLC, we act as the shield between you and the state. Our approach is:
- Authoritative:We know the statutes as well as the FDACS attorneys do.
- Practical:We look for the fastest, most cost-effective way to get you back to work.
- Empathetic:We know your business is your life, and we treat it with that level of respect.
Take Action to Protect Your Business
The worst thing you can do when facing an FDACS Administrative Complaintis nothing.
The state has a team of attorneys working to enforce these regulations. You deserve a team of your own to ensure you are treated fairly and that your business remains viable.
At Elevate Legal Services, PLLC, we provide the authoritative, solution-oriented representation Florida agricultural dealers need. We don’t just see a case number; we see a business owner looking for a way forward.
Don’t navigate this alone.
Contact Elevate Legal Services, PLLC, todayor call (561) 770-3335 for a confidential consultation focused on defending your agricultural dealer license and protecting your future.
Frequently Asked Questions
1. How long do I have to respond to an FDACS complaint?
In Florida, you typically have 21 calendar daysfrom the date of service to file an Election of Rights. If you miss this deadline, you waive your right to a hearing, and the state can revoke your license by default.
2. Can I keep operating my business while the complaint is pending?
Generally, yes. Unless the FDACS issues an “Emergency Suspension Order”—reserved for immediate threats to public safety, you can continue your operations while the administrative process unfolds.
3. What is the penalty for a violation of F.S. 604.17?
Penalties vary based on the severity and history of the dealer. They can range from a formal warning or a $500 fine to a permanent revocation of your dealer license and a ban from the industry.
4. Do I need a lawyer for an informal hearing?
While not legally required, it is highly recommended. An informal hearing still results in a Final Order that becomes a public record. An attorney can help present mitigating evidence that a layperson might overlook.
5. What is an agricultural products bond?
It is a surety bond required by F.S. 604.20 that ensures producers are paid if a dealer defaults on their financial obligations. The amount is usually based on your annual sales volume.
6. Can a license revocation be appealed?
Yes. Final Orders from FDACS can be appealed to the District Court of Appeal. However, the standards for overturning an agency decision are very high, making the initial administrative phase your best chance for success.
