DBPR, DOH, & FDACS Administrative Complaints

Protect Your Professional License with Elevate Legal Services, PLLC

Elevate Legal Services, PLLC is an experienced Florida law firm focused on defending professional licenses against investigations and administrative complaints filed by the Florida Department of Business and Professional Regulation (DBPR), the Florida Department of Health (DOH), and the Florida Department of Agriculture and Consumer Services (FDACS). Our attorneys understand the stakes: your career, reputation, and livelihood are on the line. Contact us today for more information about DBPR, DOH, & FDACS Administrative Complaints.

We provide aggressive, strategic legal representation to protect professionals across all industries regulated by these agencies.

The Role of DBPR, DOH, and FDACS

The Florida Department of Business and Professional Regulation (DBPR), the Florida Department of Health (DOH), and the Florida Department of Agriculture and Consumer Services (FDACS) serve critical roles in maintaining public trust by regulating professional standards, licensing, and compliance. These agencies are empowered to investigate complaints, conduct audits, and enforce disciplinary actions against licensees. Receiving notice from any of these departments demands immediate, strategic legal action to protect your professional future.

Florida Department of Business and Professional Regulation (DBPR)

DBPR regulates hundreds of professions and businesses throughout Florida, ranging from contractors and real estate professionals to cosmetologists and engineers. For instance, facing an administrative complaint for unlicensed construction contracting can severely affect your ability to work. Navigating DBPR proceedings requires experienced legal representation to ensure your rights are protected and to challenge the allegations aggressively.

Florida Department of Health (DOH)

DOH oversees the licensing and discipline of healthcare professionals, including doctors, nurses, pharmacists, therapists, and many other practitioners. Allegations against healthcare providers can trigger immediate emergency suspension orders (ESOs) or emergency restriction orders (EROs), jeopardizing your ability to practice. If you are facing an emergency suspension order as a registered nurse, Elevate Legal Services, PLLC has extensive experience defending medical professionals against DOH complaints, ensuring a thorough and forceful defense.

Florida Department of Agriculture and Consumer Services (FDACS)

FDACS regulates a wide range of licenses, including those related to agriculture, food safety, pest control, private security, and firearms. For example, we assist clients navigating FDACS complaints for concealed weapon permits. An FDACS administrative complaint can threaten your business operations and livelihood. Our attorneys have in-depth knowledge of FDACS regulations and are skilled at challenging allegations, protecting your license, and preserving your ability to work in your chosen profession.

Investigations Before Formal Administrative Complaints

Before a formal administrative complaint is filed, DBPR, DOH, and FDACS typically conduct extensive investigations. Investigators gather information through interviews, document reviews, site inspections, undercover operations, and audits.

Never provide a written or verbal statement to a department investigator without consulting legal counsel.

What Happens During the Investigation Phase:

The investigator contacts you directly or through an official letter.
You may be asked to “voluntarily” provide information.
Evidence is gathered from public records, third parties, and undercover operations.
If probable cause is found, a formal Administrative Complaint is issued.

For more information, review our guide on navigating a DBPR license investigation.

Early legal intervention is critical to controlling the narrative and protecting your license during this stage.

Understanding Administrative Complaints

An administrative complaint is a formal legal document that outlines specific allegations against you. It details the alleged violations of Florida Statutes or agency rules and proposes penalties, which could include fines, suspension, probation, or revocation of your professional license.

Once you receive an administrative complaint, the clock starts ticking. You have 21 days to respond by filing an Election of Rights form. Missing this deadline can result in default penalties.

To understand the importance of this form, see our breakdown of the Election of Rights Form.

Filing the Election of Rights Form

When you receive an administrative complaint, you must choose how to respond:

Request a Formal Hearing: Dispute the allegations and demand an evidentiary hearing before an Administrative Law Judge.
Request an Informal Hearing: Admit the allegations but argue for a lesser penalty.
Accept the Allegations and Penalty: Agree to the proposed disciplinary action.

Filing the wrong election or failing to respond on time can severely damage your case.

At Elevate Legal Services, PLLC, we almost always recommend requesting a Formal Hearing to fully contest the allegations and build the strongest possible defense.

Administrative Law Representation

Administrative law governs the relationship between individuals and state regulatory agencies. Administrative actions can have serious consequences for your career, particularly when a professional license is at stake. At Elevate Legal Services, PLLC, we provide comprehensive representation in administrative proceedings, including investigations, hearings, appeals, and settlement negotiations.

Our attorneys understand the specific procedural rules and evidentiary standards that apply in administrative law matters. We work closely with you to develop a tailored defense strategy, whether you are responding to a complaint, challenging a license denial, or appealing an adverse decision. With our experience and strategic approach, we aim to protect your rights, minimize penalties, and preserve your professional standing.

Effective administrative law advocacy requires preparation, precision, and persistence. Elevate Legal Services, PLLC, stands ready to deliver the skilled representation you need at every stage of the administrative process.

Administrative Hearings Before DOAH ALJ

When a licensee disputes an administrative complaint and requests a formal hearing, the case is referred to the Florida Division of Administrative Hearings (DOAH). An Administrative Law Judge (ALJ) presides over the proceedings, similar to a traditional courtroom trial but focused on administrative law.

At a DOAH hearing, both parties—the licensee and the regulatory agency—present evidence, question witnesses, and argue their positions. The ALJ evaluates the evidence independently and issues a recommended order based on the facts and applicable laws. The agency then reviews the recommendation and issues a final order.

Proper preparation for a DOAH hearing is critical. Elevate Legal Services, PLLC meticulously prepares each case, gathering evidence, identifying expert witnesses, cross-examining agency witnesses, and crafting persuasive legal arguments. Our goal is to challenge the allegations effectively, protect your rights, and minimize or eliminate penalties.

Facing an administrative hearing without skilled legal representation can result in license suspension, revocation, or other severe consequences. Our experienced attorneys provide the focused advocacy you need to defend your professional license.

Emergency Suspension Orders (ESOs)

In serious cases, especially those involving public health, safety, or welfare concerns, DBPR, DOH, or FDACS may issue an Emergency Suspension Order (ESO) or Emergency Restriction Order (ERO) before a full hearing occurs.

These orders immediately suspend or restrict your professional license without prior notice, often before the investigation or complaint process has concluded.

If you receive an ESO or ERO, it is critical to act immediately to contest the order and seek reinstatement.

How Elevate Legal Services, PLLC Defends Your License

We have a proven track record of defending professionals against administrative complaints from DBPR, DOH, and FDACS. Our services include:

Immediate response and case analysis
Strategic filing of the Election of Rights
Representation at formal evidentiary hearings
Aggressive negotiation to reduce or dismiss penalties
Defense against emergency suspension or restriction orders
Appeal of unfavorable agency decisions

Why Clients Trust Elevate Legal Services, PLLC

Expertise: Deep knowledge of Florida administrative law, licensing boards, and agency procedures.
Experience: Successful defense of licenses across industries including healthcare, construction, real estate, agriculture, cosmetology, and many more.
Advocacy: Tireless commitment to protecting your professional future.
Strategic Guidance: Clear, practical advice to help you make informed decisions at every step.

The High Cost of Not Taking Action

Failing to respond correctly to an investigation or administrative complaint can lead to:

Suspension or permanent loss of your professional license
Heavy fines and monetary penalties
Damage to your reputation and career prospects
Ineligibility for future licensing or employment opportunities

Your license is too important to leave to chance.

Take Immediate Action

If you are under investigation or have received an administrative complaint from DBPR, DOH, or FDACS, contact Elevate Legal Services, PLLC today.

Call 561-770-3335 or email [email protected] for a confidential consultation.

We are available statewide and offer aggressive, skilled defense when your future is on the line.

Protect your license. Protect your career. Trust Elevate Legal Services, PLLC to fight for you.