The Office of General Counsel provides legal services to FDACS's divisions and offices and to the Commissioner of Agriculture.
The Office of General Counsel (OGC) provides legal counsel to the Commissioner of Agriculture and Florida Department of Agriculture and Consumer Services (FDACS) leadership. The General Counsel is the Commissioner’s legal counsel and leads the OGC. The General Counsel also serves as the department’s public records coordinator and Chief Ethics Officer. The attorneys of the OGC represent the department in legal proceedings and provide legal services to the department, including: interpretation of state and federal laws and rules; representation in civil (state and federal) and administrative litigation and appeals; oversight of all agency rulemaking and public records matters; drafting and enforcement of department administrative actions; drafting and interpretation of proposed legislation; legal opinions; personnel issues; contract review; and providing training regarding public records, the Florida Sunshine Law, ethics matters and rulemaking.
The Office of General Counsel also contains the Office of Agency Clerk and the hearing officers for the department. The Agency Clerk is responsible for filing final agency actions, including final orders for both state and federal hearings, and certifying documents as official agency records. The hearing officers are responsible for conducting informal hearings pursuant to Chapter 120, Florida Statutes (F.S.), and appeals for the Division of Food, Nutrition and Wellness under federal law.
The Office of General Counsel will accept service of process Monday through Friday from 8 a.m. to 5 p.m. at 407 South Calhoun Street, Tallahassee, Florida 32399. Process servers should enter the building at the visitors entrance.
The department will accept electronic service of a duly issued court-ordered subpoena from a state attorney or public defender for records relating to a concealed weapons license pursuant to Section 790.0601(3), F.S., provided the subpoena is emailed to the address below at least seven (7) days prior to the required appearance or production described in the subpoena. In the instances described above, the subpoenas should be delivered electronically to DOLPublicRec@FDACS.gov.
The Office of General Counsel provides paid internship opportunities on a revolving basis to law students interested in the work of the department. These students will have the opportunity to work alongside the attorneys of the Office of General Counsel on day-to-day issues and on special projects as assigned. Law students interested in internship opportunities with the Office of General Counsel should email their resume to GeneralCounsel@FDACS.gov.