Farm Labor – FAQs

Yes. They are often referred to as: Contractors, Crew Leaders, Crew Bosses, Crew Chiefs, and FLCs.

Chapter 450, Part III, Florida Statutes; Chapter 61L‐1, Florida Administrative Code; 29 CFR Part 500: Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Those that:

• Are paid to furnish, employ, recruit, hire, transport, supervise, or pay farm workers.
• Are paid by a third party (such as an owner or another FLC) to drive workers to and from work.
• Recruit or transport farm workers from Florida to work in another state, or to transport workers from another state to work in Florida.
• Hire other Farm Labor Contractors or their employees to work for them.

If you are physically in the field supervising, directing or driving the workers you will need to obtain an individual license in your own name.

Whether a leasing company needs a farm labor license is determined based upon the activities being performed. If you are performing any of the activities which define a Farm Labor Contractor you must obtain a license. Those activities include:

• Being paid to furnish, employ, recruit, hire, transport, supervise, or pay farm workers.
• Being paid by a third party (such as an owner or another FLC) to drive workers to and from work.
• Recruiting or transporting farm workers from Florida to work in another state, or to transport workers from another state to work in Florida.
• Hiring other Farm Labor Contractors or their employees to work for you.

In addition to submitting a completed application you also must:

• Be at least 18 years of age;
• Be a U.S. Citizen or legally authorized for employment in the U.S.;
• Have no convictions of certain crimes within the last 5 years;
• Have a valid Social Security Number;
• Have a valid federal contractor or employee certificate of registration, or filed a federal renewal application at least thirty days prior to expiration;
• Have taken and passed the Florida Farm Labor Contractor Test;
• Pay a non‐refundable $125.00 Application Fee;
• Have no outstanding state or federal fines unless an installment agreement has been approved; and
• Have no delinquent Unemployment Compensation taxes or Internal Revenue Service employment or unemployment taxes unless an installment agreement has been approved.

Any crime relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any farm labor contracting activities. Any felony involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, prostitution, peonage, or smuggling or harboring individuals who have entered the United States illegally.

Yes. You must have been convicted in order to be ineligible for a license.

Yes. If you have a valid federal license, or have submitted your application to renew your federal license at least thirty days before expiration, we may be able to process your state license right away. You should call before you travel to Tallahassee in order for us to advise you of any concerns and to ensure that you bring the appropriate items.

The initial licensure fee is $160.00. This includes an application fee of $125.00 and an examination fee of $35.00. The certified check or money order must be made payable to the Department of Business and Professional Regulation (DBPR). Personal checks will not be accepted. The renewal license fee is $125.00 and must be submitted with the application. These fees are non‐refundable.

A registered agent must be a person or business, other than yourself, who is available Monday through Friday during normal business hours. You must inform this person/business that you are naming them as your Registered Agent. They must agree to receive service of process and other official or legal documents sent to you by the department. The address provided for your registered agent must be a physical location (not a post office box).

You do not need to get fingerprinted or submit a fingerprint card to get your Florida Farm Labor Contractor’s license; however, fingerprints are required to obtain your federal license.

Yes. If you perform farm labor contracting activities in the State of Florida you will need both a federal and a state license.

You can perform the duties of a Farm Labor Contractor only after receipt of your license.

The normal expiration for a license is the last day of the month of the applicant’s next birthday or incorporation date, if registered as a company. No license is issued for less than 90 days, if there are no other factors affecting expiration. In those cases where expiration would be less than 90 days the expiration date is taken to the following year but must not be over 15 months in duration. Example: a) License is issued January 1, 2013 and applicant’s birth month is February. License will expire February 28, 2014. b) License is issued January 1, 2013 and applicant’s birth month is April. License will expire April 30, 2013. Note: If you have an authorization to work in the U.S. and it expires before what would be the normal expiration of your license, the employment authorization expiration will be your license expiration date.

There is no fee associated with obtaining a duplicate license. You need only submit a written request. The request can be faxed to 850.488.0512 or mailed to: Farm Labor, 2601 Blair Stone Road, Tallahassee, FL 32399-0783.

You will receive 90 minutes to complete the state exam.

No. Only the applicant will be allowed into the testing room.

No. The state exam is a closed book exam; you cannot use any reference or study materials during the examination.

After you finish the exam the test administrator will score your exam and give you your test results.

Yes; however, you must reschedule with the test administrator. There will be another $35.00 fee for each retest.

You will be required to retest if you receive a final order assessing fines for a major violation or if your license was revoked or refused to issue/renew. Also, if the law changes significantly it may require that everyone be retested. There is a $35.00 fee for each retest.

Yes. The state exam is also offered in Spanish and Haitian/Creole.

Yes. If you require an oral English, Spanish, or Haitian/Creole test you should make the test administrator aware of this when you schedule for the exam. This will ensure that the test administrator can administer an oral exam in your preferred language.

Yes. You should contact the test administrator as soon as you realize you will not be able to keep your appointment.

A driving authorization is granted to an individual to certify that he/she meets the requirements needed to safely drive a vehicle authorized to transport farm workers. A transportation authorization is granted on a vehicle(s) which meets the requirements needed to safely transport workers.

The farm labor contractor must:

• Be at least 21 years old;
• Have a valid driver’s license of the proper class; and
• Have passed a physical examination given by a medical doctor. Evidence must be in the form of a Doctor’s Certificate (Form WH‐515) or Medical Examiner’s Certificate.

In order to drive a vehicle that is designed to carry 15 or fewer passengers, a regular driver’s license is acceptable. In order to drive a vehicle that is designed to carry 16 or more passengers (including the driver) you must have a Commercial Driver’s License (CDL) with a Passenger (P) endorsement.

The sticker signifies that your vehicle has been authorized by the department to transport workers. A sticker will be sent to you automatically when you add a vehicle to your fleet.

Your sticker should have a number written on it. This number is the last six digits of the Vehicle Identification Number (VIN) of the vehicle that the sticker needs to be placed on. The sticker should be placed in a clearly visible position inside the rear window.

You may obtain a replacement sticker upon written request, with a brief explanation of why you need a replacement. Request can be faxed to 850.488.0512 or mailed to: DBPR Farm Labor, 2601 Blair Stone Road, Tallahassee, FL 32399-0783.

• U.S. Department of Labor
• Wage and Hour Division
• Farm Labor Certificate Processing
• 90 Seventh Street, Suite 13-100
• San Francisco, CA 94103
• Phone: 415.241.3505
• Email: mspaflc@dol.gov