When professionals in Florida apply for insurance licenses, the Florida Department of Financial Services (DFS) conducts a thorough review. If issues arise, applicants may receive a Notice of Ninety-Day Denial. This notice outlines why the DFS intends to deny licensure and provides the applicant with the right to challenge the decision. The next critical step is to complete and file the DFS Election of Proceeding Form.
At Elevate Legal Services, PLLC, we are a Boca Raton law firm focused on defending clients facing DFS administrative complaints and representing them in administrative law hearings. If you have received a DFS denial or complaint, you do not have much time to act. Call us at 561-770-3335 or email [email protected] today to protect your rights.
What Is a Notice of Ninety-Day Denial?
A Notice of Ninety-Day Denial is an official document issued by the Florida DFS when it intends to deny an application for an insurance-related license. This notice includes the reasons for denial, such as prior criminal history, misrepresentation on an application, or statutory disqualification under Florida law. It also cites the statutes and administrative rules that apply and informs you of your rights to request a proceeding to contest the decision.
Importantly, this notice is not just an informational letter. It is a formal action that triggers strict deadlines. From the date you receive the notice, you generally have twenty-one days to respond to preserve your rights.
Why DFS Issues Denials
DFS denials typically arise from three major areas: criminal history, failure to disclose, or statutory disqualification. Criminal history can include both felonies and misdemeanors, even if adjudication was withheld. Certain crimes create permanent barriers to licensure, while others impose seven-year or fifteen-year disqualification periods depending on their nature.
A very common reason for denial is failing to disclose past charges or pleas on an application. Applicants sometimes believe that withheld adjudications or expunged records do not need to be disclosed, but Florida law requires full honesty. Answering “No” when “Yes” is required is considered a material misrepresentation, and this can result in an automatic denial.
Finally, statutory disqualification periods are set out in Section 626.207 of the Florida Statutes. Some felonies result in permanent bans, while others carry lengthy waiting periods before you may reapply. These rules ensure that only qualified, trustworthy individuals can be licensed to work in the insurance industry.
The Role of the Election of the Proceeding Form
The DFS Election of Proceeding Form is the applicant’s formal response to a Notice of Ninety-Day Denial. Without submitting this form, the denial will automatically become final after twenty-one days. By filing it properly and on time, you preserve your rights and create a path to challenge the DFS decision.
This form allows you to tell the Department whether you accept the denial, request an informal hearing to present mitigating evidence, or request a formal hearing to dispute the facts entirely. It connects directly to the Notice of Ninety-Day Denial by offering you the mechanism to respond to the allegations listed in the notice.
The 21-Day Deadline
Both the Notice of Ninety-Day Denial and the Election of Proceeding Form emphasize the same critical deadline: twenty-one days. Your response must be received by the DFS Agency Clerk by 5:00 p.m. on the twenty-first day after you received the notice. Mailing the form on the deadline is not enough. It must actually be received before the cutoff.
Failure to meet this deadline means you waive your right to a hearing. Once waived, the denial becomes final, and the decision is recorded with the National Association of Insurance Commissioners. This can have lasting consequences, not just in Florida, but nationwide.
Options Under the Election of Proceeding Form
The Election of Proceeding Form offers three paths forward. First, you may choose not to contest the denial. In that case, the DFS’s decision becomes final and binding, and you lose the opportunity to present your case.
Second, you may request an informal proceeding if you do not dispute the DFS’s factual allegations but wish to be heard on the law or mitigating circumstances. An informal proceeding under Section 120.57(2), Florida Statutes, allows you to submit written evidence, attend a hearing in Tallahassee, or participate by telephone conference.
Third, if you believe DFS is factually wrong, you may request a formal hearing under Section 120.57(1). Formal hearings are conducted before an administrative law judge with the Division of Administrative Hearings. These hearings allow for the presentation of witnesses, cross-examination of DFS representatives, and introduction of evidence to dispute the Department’s claims.
Information Required with the Form
To properly submit the Election of Proceeding Form, you must include more than just your choice of hearing type. Florida law requires you to provide your name and address, the DFS case number, and details about when and how you received the denial notice. If you are disputing facts, you must identify the specific facts in dispute. You also need to outline the ultimate facts you believe support your position, cite the statutes or rules that support your case, and clearly state the relief you are seeking.
This detailed information is essential. Without it, DFS may reject your petition, leaving you without a valid challenge to the denial.
How the Notice and the Form Work Together
The connection between the two documents is direct. The Notice of Ninety-Day Denial sets out the Department’s reasons for intending to deny your license. The Election of Proceeding Form provides your opportunity to respond and choose how you want to contest the denial. One outlines the allegations, the other creates the pathway to defend yourself.
Without the notice, there would be nothing to respond to. Without the form, the notice becomes final without your input. Together, they create the procedural framework for your defense in the administrative process.
Consequences of Inaction
Doing nothing after receiving a Notice of Ninety-Day Denial is a serious mistake. If you fail to act, the denial becomes final and is entered into both DFS and NAIC records. In some cases, this may extend your disqualification period or prevent you from obtaining a license for many years. Even if the underlying criminal history is old, the failure to respond in time adds a new barrier to your career.
This is why acting within the twenty-one-day deadline is critical. Even if you are unsure of your next steps, filing the Election of Proceeding Form preserves your rights and allows you to seek legal counsel before the case is decided.
Why Legal Representation Matters
The administrative process before DFS is governed by detailed statutes and administrative rules. Understanding the difference between informal and formal hearings, knowing what information must be included in your petition, and presenting the strongest possible case often requires experienced legal guidance.
At Elevate Legal Services, PLLC, we work with clients at every stage of the process. We review denial notices, advise on the best option for responding, prepare and file Election of Proceeding Forms, and represent clients in both informal and formal hearings. We know how to present mitigating evidence, argue rehabilitation, and dispute factual allegations where necessary. Our goal is to protect your career and give you the best chance at licensure.
Key Takeaways for Professionals Facing DFS Denials
When you receive a Ninety-Day Denial Notice, remember that you are on a strict twenty-one-day timeline. The Election of Proceeding Form is your lifeline to challenge the decision. Choosing not to respond results in final denial. Choosing the right type of hearing preserves your opportunity to be heard. Both documents are essential parts of the administrative process, and both require immediate attention.
Conclusion
The DFS Notice of Ninety-Day Denial and the Election of Proceeding Form are inseparable elements of Florida’s administrative licensing process. The notice explains why the Department intends to deny your license, while the form provides you opportunity to respond and preserve your rights. Missing deadlines or submitting incomplete information can permanently damage your professional future.
At Elevate Legal Services, PLLC, we help professionals across Florida defend against DFS administrative complaints, denial notices, and disciplinary actions. If you’ve received either document, do not wait until it is too late. Contact us today at 561-770-3335 or [email protected] to schedule a consultation and take the first step toward defending your career.
