Receiving a citation from the Florida Department of Health (DOH) can be one of the most stressful moments in a medical professional’s career. Whether you are a nurse, dentist, physician, therapist, or another licensed healthcare provider, a DOH citation often signals the start of a process that could affect your license, your reputation, and your livelihood. Understanding how to dispute a citation from the Florida Department of Health is not only about protecting your career it is about ensuring you exercise every right available under Florida’s administrative law system.
At Elevate Legal Services, PLLC, we focus on defending Florida’s healthcare professionals against DOH violation administrative complaints and guiding them through the complexities of administrative law hearings. If you have received a citation from the DOH, call us immediately at 561-770-3335 or email [email protected] for a confidential consultation. Acting quickly can make the difference between resolving your case quietly and facing public disciplinary action that follows you for years.
Our Boca Raton-based legal team has extensive experience representing healthcare professionals at every stage of the DOH’s enforcement process. We know how these cases are investigated, how evidence is presented, and how to challenge the allegations effectively. We also understand that in many cases, the DOH’s version of events is incomplete or inaccurate, and that a strong legal defense can help prevent a costly mistake from becoming a career-ending event.
Understanding DOH Citations in Florida
The Florida Department of Health has broad authority to regulate healthcare professions in the state. This includes the power to investigate complaints, enforce compliance with licensing laws, and issue citations for violations. A citation is essentially an administrative tool the DOH uses to address an alleged violation quickly. In some cases, a citation functions like a traffic ticket — it outlines the alleged violation, cites the specific law or rule, and imposes a fine or other immediate penalty.
Citations can be issued for a variety of reasons. In the healthcare context, common causes include:
- Practicing with an expired, inactive, or suspended license
- Failing to meet continuing education requirements
- Advertising services without a valid Florida license
- Practicing telehealth with Florida patients without Florida licensure or registration
- Failing to display a valid license in a clinical setting
More serious cases may involve allegations of unlicensed activity, in which the DOH claims that someone practiced a healthcare profession without ever obtaining the required Florida license. According to the Florida Department of Health’s official guidance, unlicensed activity is taken extremely seriously and can result in steep fines and even criminal charges.
Why You Should Consider Disputing a DOH Citation
Many healthcare professionals mistakenly believe that paying a DOH citation is the simplest way to move on. However, doing so often means admitting to the violation, which can lead to a public record of discipline on your license. This record is searchable by patients, employers, and insurance networks, and in some cases, can affect your ability to work in other states.
Disputing a citation gives you the opportunity to:
- Present your side of the story
- Submit evidence that may disprove or reduce the allegations
- Negotiate for a lesser penalty or dismissal
- Avoid a permanent mark on your licensure record
If you do not dispute the citation within the specified timeframe, you may lose the right to challenge it altogether. This is why contacting an attorney at Elevate Legal Services, PLLC, as soon as you receive the citation is crucial.
The Legal Framework for Disputing a DOH Citation
In Florida, the process for disputing a DOH citation is governed by Chapter 120 of the Florida Statutes and related provisions in the Florida Administrative Code. These laws outline your right to an administrative hearing before the Florida Division of Administrative Hearings (DOAH), where an independent administrative law judge hears the case.
When you dispute a citation, the DOH must prove its case by presenting evidence and witnesses. You and your attorney have the right to cross-examine those witnesses, present your evidence, and make legal arguments. The administrative law judge then issues a recommended order, which the DOH can accept, modify, or reject. You also have the right to appeal certain DOH decisions to the state courts.
For a deeper understanding of DOAH procedures, you can visit the Florida Division of Administrative Hearings’ official website.
Steps to Dispute a Citation from the Florida DOH
The exact process will vary depending on the type of citation and the allegations involved, but generally includes the following steps:
- Carefully Review the Citation
The first step is to read the citation in full. Note the alleged violation, the specific statute or rule cited, the date of the alleged conduct, and the deadline to respond. The DOH often gives a short window — sometimes as little as 30 days — to dispute the citation.
- Gather Supporting Documentation
Evidence is the backbone of your defense. This may include proof of licensure, continuing education completion records, telehealth registration confirmation, or documentation showing that the alleged conduct did not occur as stated. If the citation involves advertising, you may need to produce screenshots or records showing the ad was removed or corrected.
- File a Timely Dispute
Your attorney will file the formal request to dispute the citation. This is often done through a written election of rights form that specifies whether you are requesting an informal hearing (where you do not dispute the facts, but want to argue for a lesser penalty) or a formal hearing (where you challenge the facts themselves).
- Prepare for the Hearing
Preparation includes identifying witnesses, organizing exhibits, and developing legal arguments. In some cases, your attorney may engage in negotiations with the DOH to resolve the case before the hearing takes place.
- Present Your Case
At the hearing, both sides present their evidence to the administrative law judge. This is your opportunity to explain what happened, challenge the DOH’s evidence, and present a clear defense.
- Await the Recommended Order
After the hearing, the judge issues a recommended order. The DOH then decides whether to adopt, modify, or reject that recommendation. If the outcome is unfavorable, you may still have appeal options.
How Elevate Legal Services, PLLC Helps in Disputing Citations
At Elevate Legal Services, PLLC, our role in disputing DOH citations is comprehensive. We start by analyzing the citation for legal and factual weaknesses. We then gather and organize evidence to support your case. Our attorneys handle all communication with the DOH, ensuring that nothing you say can be misinterpreted or used against you.
In many cases, we can negotiate favorable resolutions before the case reaches a hearing. Where a hearing is necessary, we prepare meticulously, knowing that the presentation of your defense can determine the outcome.
Common Defenses to DOH Citations
While every case is unique, some common defenses include:
- The alleged conduct did not occur
- You held a valid license at the time
- You were operating under a recognized exemption
- The DOH misidentified you or your business
- The evidence is insufficient or unreliable
- Procedural errors in issuing the citation
Our attorneys at Elevate Legal Services, PLLC, have successfully used these and other defenses to protect healthcare professionals from unwarranted penalties.
The Consequences of Ignoring a DOH Citation
Failing to dispute a citation can have lasting consequences. In addition to paying the fine, you may face:
- A permanent disciplinary mark on your license
- Public disclosure of the violation on the DOH website
- Potential impacts on credentialing with hospitals and insurers
- Difficulty obtaining licensure in other states
Ignoring a citation also sends a message to the DOH that you are not challenging their version of events, which can embolden further enforcement actions.
Preventing Future DOH Citations
While some citations are based on misunderstandings or errors, others arise from gaps in compliance. To avoid future issues:
- Keep track of licensure renewal dates
- Complete continuing education requirements early
- Ensure advertising is compliant with Florida law
- Verify the licensure status of all employees
- Consult with a healthcare attorney before launching new services
Elevate Legal Services, PLLC, offers compliance review services that can identify risk areas before they lead to DOH action.
Outbound Resources for More Information
To understand more about DOH enforcement and your rights, review the following authoritative resources:
Final Thoughts
Disputing a citation from the Florida Department of Health is a serious matter that demands immediate and informed action. With your license, career, and reputation on the line, you cannot afford to navigate this process alone. At Elevate Legal Services, PLLC, we are committed to defending healthcare professionals against DOH citations and ensuring that your side of the story is heard.
If you have received a citation, contact Elevate Legal Services, PLLC today at 561-770-3335 or [email protected] to schedule a confidential consultation. We will review your case, explain your options, and fight to protect your license and your livelihood.
