Learn what happens when a company or individual is alleged to have violated Florida's pest control laws.
The Florida Department of Agriculture and Consumer Services (FDACS) regulates Florida's structural pest control industry.
FDACS conducts routine inspections and for-cause investigations of the pest control industry to ensure the protection of the health, safety and welfare of pest control employees and the general public.
When violations of Florida's pest control laws are alleged, a case file is evaluated and a case file review summary is prepared to review:
The files of the suspected violator(s) are reviewed to determine if a record exists of any previous administrative action issued over the last three years, and notations are made on the review summary.
After review, any files with suspected violations are discussed and the proposed administrative sanction is calculated from the enforcement matrix found in Chapter 5E-14, Florida Administrative Code.
The issuance of an administrative complaint is not taken lightly. Case evidence must be "clear and convincing" and is evaluated for its ability to withstand the scrutiny of a hearing office or judge.
If an administrative action is warranted, FDACS prepares the "Administrative Complaint and Proposed Settlement Agreement." The administrative complaint is then served on the violator (now known as the respondent).
The administrative complaint will state the basis for the action (a statement of facts that support the stated violations). Enclosed with the complaint will be a "Notice of Rights and Hearing Request" information sheet, which will explain the respondent's rights and provide an area for the respondent to request either an informal or formal administrative proceeding.
A respondent has 21 days from date of receipt of the complaint to accept the proposed settlement agreement or request a hearing.
If the proposed settlement is agreeable, the respondent simply has to execute it (by signing) and comply with its terms.
There are two types of hearings — informal and formal.
If the respondent does not dispute or wish to contest the facts in the administrative complaint, but wishes to object to the agency action, they should choose an informal hearing.
An informal hearing is an informal proceeding before FDACS whereby the respondent will have the opportunity to be represented by counsel. The respondent may present written or oral evidence in opposition to FDACS's proposed action or present a written statement challenging the grounds on which FDACS is justifying its actions.
If the respondent disputes the facts in the administrative complaint, they should choose a formal hearing.
Formal hearings are like non-jury trials and are held before an administrative law judge. At a formal hearing, the respondent will have the opportunity to be represented by counsel, present evidence and argument on all issues involved, conduct cross-examination and submit rebuttal evidence, submit proposed findings of facts and orders, and file exceptions to the administrative law judge’s recommended order.
The respondent will ordinarily be required to appear in person at a formal hearing.
Failure to respond to a properly served administrative complaint will result in FDACS entering a Final Order imposing the maximum penalties as authorized by Florida Law, including revocation of any pest control credentials issued by the department.