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Florida Farm Labor Laws

Florida farm labor laws can be found in Fla. Stat. §§ 381.008 through 381.00897, Fla. Stat. §§ 450.175 through 450.39, and Fla. Stat. §§ 487.2011 through 487.2071.

Pursuant to Fla. Stat. § 381.0081, a permit from the department of health is required to establish and operate a migrant labor camp and a person who fails to post such permit and keep such permit posted in the camp commits a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083.  A person who establishes any residential migrant housing without first having obtained a permit from the department commits a misdemeanor of the first degree.  A person, who establishes and operates any residential migrant housing or migrant labor camp without providing adequate personal hygiene facilities, lighting, sewage disposal, and garbage disposal, and without first having obtained the required permit from the department, commits a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.  The department may impose a fine of up to $ 1,000 for each violation.  In addition to the penalties, the buildings, personal property, and land used in connection with a felony violation of § 381.0081 may be seized and forfeited pursuant to the Contraband Forfeiture Act.

Each migrant labor camp operator or owner of residential migrant housing shall pay to the department the following annual application fees[i]:
1) Camps or residential migrant housing that have capacity for 5 to 50 occupants: $ 125.
2) Camps or residential migrant housing that have capacity for 51 to 100 occupants: $ 225.
3) Camps or residential migrant housing that have capacity for 101 or more occupants: $ 500.

The department may revoke a permit if it finds the holder has failed to comply with any provision of law.  To reinstate a permit for migrant labor camp or residential migrant housing, the operator shall submit another application with the appropriate fee and satisfy the department that s/he is in compliance with all applicable rules[ii].

Pursuant to Fla. Stat. § 381.0086, the department shall adopt rules necessary to protect the health and safety of migrant farmworkers and other migrant labor camp or residential migrant housing occupants, including rules governing field sanitation facilities.  These rules must include definitions of terms, provisions relating to plan review of the construction of new, expanded, or remodeled camps or residential migrant housing, sites, buildings and structures, personal hygiene facilities, lighting, sewage disposal, safety, minimum living space per occupant, bedding, food equipment, food storage and preparation, insect and rodent control, garbage, heating equipment, water supply, maintenance and operation of the camp, housing, or roads, and such other matters as the department finds to be appropriate or necessary to protect the life and health of the occupants.  A person who violates any provision of Fla. Stat. § 381.008-381.00895 or rules adopted under such sections is subject either to the penalties provided in Fla. Stat. § 381.0012, 381.0025, and 381.0061 or to the penalties provided in Fla. Stat. § 381.0087.

Pursuant to Fla. Stat. § 381.0087, department personnel may issue citations that contain an order of correction or an order to pay a fine, or both, for violations of Fla. Stat. §  381.008-381.00895 or the field sanitation facility rules adopted by the department.  A citation constitutes a notice of proposed agency action.  The recipient of a citation for a major deficiency will be given a maximum of 48 hours to make satisfactory correction or demonstrate that provisions for correction are satisfactory. The fines imposed by a citation issued by the department may not exceed $ 500 for each violation.  Each day the violation exists constitutes a separate violation for which a citation may be issued.

Pursuant to Fla. Stat. § 381.0088, the department or its inspectors may enter and inspect migrant labor camps or residential migrant housing at reasonable hours to determine whether any person has violated any provisions of applicable statutes or rules adopted pursuant thereto by the department.  Any person who believes that the housing violates any provision of Fla. Stat. § 381.008-381.00895 or rules adopted thereunder may file a complaint with the department.  Upon receipt of the complaint, if the department finds there are reasonable grounds to believe that a violation exists, the department shall conduct an inspection as soon as practicable[iii].

Pursuant to Fla. Stat. § 381.00895, an owner or operator of housing may not, for the purpose of retaliating against a resident of that housing, discriminatorily terminate or discriminatorily modify a tenancy by increasing the resident’s rent; decreasing services to the resident; bringing or threatening to bring against the resident an action for eviction or possession or another civil action; refusing to renew the resident’s tenancy; or intimidating, threatening, restraining, coercing, blacklisting, or discharging the resident.

A resident of a migrant labor camp or residential migrant housing may decide who may visit him or her in the resident’s private living quarters[iv].  The Executive Office of the Governor is authorized and directed to advise and consult with migrant and seasonal workers and their employers as to the ways and means of improving living and working conditions of migrant and seasonal workers[v].  The Executive Office of the Governor cooperates with the Department of Health, Department of Business and Professional Regulation, the Department of Education, Department of Highway Safety and Motor Vehicles, the Department of Agriculture and Consumer Services and the Department of Children and Family Services.  Pursuant to Fla. Stat. § 450.201, the Legislative Commission on Migrant and Seasonal Labor is created to maintain a continuing consultative examination and supervision of the migrant labor programs relating to living conditions.

No person may act as a farm labor contractor until a certificate of registration has been issued to him or her by the department and unless such certificate is in full force and effect and is in his or her possession.  The certificate cannot be transferred or assigned[vi].  The department may revoke, suspend, or refuse to issue or renew any certificate of registration[vii].  Every farm labor contractor must carry his or her certificate of registration with him or her at all times and exhibit it to all persons with whom the farm labor contractor intends to deal in his or her capacity as a farm labor contractor prior to so dealing and, upon request, to persons designated by the department[viii].

Pursuant to Fla. Stat. § 450.34, a licensee may not make any misrepresentation or false statement in his or her application for a certificate of registration.  The licensee shall not make any charge or deduction from wages for any tools, equipment, transportation, or recruiting fees that are for the benefit of the employer unless in compliance with the federal Fair Labor Standards Act.

Pursuant to Fla. Stat. § 450.38, any person, firm, association, or corporation that commits a minor violation of, upon conviction, is guilty of a misdemeanor of the second degree, is punishable as provided in Fla. Stat. § 775.082 or Fla. Stat. §  775.083.  Any person, firm, association, or corporation that commits a major violation of this part and, upon conviction, is guilty of a felony of the third degree, is punishable as provided in Fla. Stat. § 775.082, Fla. Stat. §. 775.083, or Fla. Stat. §  775.084.

Any person, firm, association, or corporation that commits a violation of this part or of any rule adopted thereunder may be assessed a civil penalty of not more than $ 2,500 for each such violation.  A farm labor contractor who commits a minor violation of this part shall be issued a warning for the first violation.  A civil penalty in increments of $ 250 may be assessed for each successive violation of a specific statute or rule of this part up to a maximum of $ 2,500.  A farm labor contractor who commits a major violation of a specific statute or rule of this part shall be assessed a civil penalty of up to $ 2,500 in accordance with the criteria established by the department pursuant to s. 450.38.

Florida Pesticide law regulates the distribution, sale, and use of pesticides and protects people and the environment from the adverse effects of pesticides[ix].
Fla. Stat. § 487.031 describes the prohibited acts under Florida Pesticide law.  Pursuant to Fla. Stat. § 487.046, a license is required to engage in aerial application of pesticides.  A Pesticide Review Council is created to advise the Commissioner of Agriculture regarding the sale, use, and registration of pesticides and to advise government agencies, including the State University System, with respect to those activities related to their responsibilities regarding pesticides[x].

The department is authorized to enter upon any public or private premises or carrier where pesticides are known or thought to be distributed, sold, offered for sale, held, stored, or applied, during regular business hours in the performance of its duties relating to pesticides and records pertaining to pesticides.  The department is authorized and directed to sample, test, inspect, and make analyses of pesticides to determine whether the pesticides or persons exercising control over the pesticides are in legal compliance.  The department shall establish by rule a fee schedule for pesticide samples analyzed upon request.  The fees shall be sufficient to cover the costs to the department for taking the samples and performing the analysis. However, no fee shall exceed $ 400 per test.  In addition to any other penalty, the registrant of any pesticide found to be adulterated, misbranded, or otherwise deficient shall reimburse the person requesting the pesticide analysis for all fees assessed by and paid to the department[xi].

[i] Fla. Stat. § 381.0084.

[ii] Fla. Stat. § 381.0085.

[iii]Fla. Stat. § 381.00893.

[iv] Fla. Stat. § 381.00897.

[v] Fla. Stat. § 450.191.

[vi] Fla. Stat. § 450.30.

[vii] Fla. Stat. § 450.31.

[viii] Fla. Stat. § 450.33.

[ix] Fla. Stat. § 487.012.

[x] Fla. Stat. § 487.0615.

[xi] Fla. Stat. § 487.071.


Inside Florida Farm Labor Laws