Miami Professional License Defense Attorneys

One of the most serious potential consequences of an arrest can relate to an individual’s professional license.  In many cases, professional licenses represent an individual’s ability to maintain his livelihood and provide for his family.  Notification that the State of Florida is seeking to suspend or revoke a license can put that person’s life in jeopardy. 

At Hubbs Law, we not only aggressively defend accusations of a crime, we also aggressively defend our clients’ licenses as well.  In all cases, we will thoroughly evaluate you or your family member’s situation.  We will discuss the process of administrative proceedings and the best strategy to give you the best opportunity to maintain your license. 

Hubbs Law handles all types of professions concerning investigations, complaints, and administrative proceedings attempting to suspend or revoke an individual’s license including:

1. Contractor’s License
2. Alcohol and Tobacco License
3. Bail Bond Agent’s License
4. Barber’s License
5. Body Piercing License
6. Child Care License
7. Nurse’s License
8. Insurance Agent’s License
9. Mental Health License
10. Mortgage Broker License
11. Notary License
12. Private Investigator License
13. Real Estate License
14. Security Officer License
15. Teacher’s License
16. Veterinarian License

Process for Professional License Suspension or Revocation

The Department of Business and Professional Regulation “DBPR” handles most complaints related to an individual’s capacity to work under a specific professional license.  The process generally starts with a complaint where someone reports to the DBPR that an individual has engaged in improper conduct in his or her profession. 

The Complaint 

After the complaint is made, DBPR then conducts an investigation into the reported conduct.  This could involve interviewing witnesses, subpoenaing records, or working with experts. Under Fla. Stat. 455.225, the licensee is entitled to be provided with a copy of the complaint and given 20 days to respond to the allegation.  However, it should be noted that there are many cases where an individual’s response to these allegations could be incriminating and should be reviewed with an attorney prior to submission. 

The Investigation and Probable Cause Panel 

After the investigation, a probable cause panel meets and reviews the results of the investigation to determine whether the licensee has violated Florida law.  The probable cause panel is comprised of current or former board members for that particular profession.  The purpose of the probable cause panel is to review all of the evidence to determine if there is probable cause that a violation occurred.  The probable cause panel will generally make one of the following decisions.

1. No Probable Cause – The probable cause panel determines that the evidence does not establish probable cause that the licensee violated the law.
2. Letter of Guidance – The probable cause panel determines that the licensee has violated the law but the violation was a minor infraction that does not require formal disciplinary action.
3. Administrative Complaint – The probable cause panel has determined that the licensee violated the law and the violation merits disciplinary action. 

The Filing of an Administrative Complaint

          If you receive an administrative complaint in the mail, that means that DBPR has started the formal process of attempting to revoke, suspend, or impose other disciplinary action on your license.  You need to act quickly because you generally have 21 days to respond to the complaint.

          Along with the administrative complaint, the licensee generally receives a form called an “election of rights form”.  This form generally lists the following options which will be explained below:

1. Formal Hearing – You dispute the allegations in the Administrative Complaint and are requesting a formal hearing before an Administrative Law Judge of the Division of Administrative Hearings.  At that time, both parties can call witnesses and present evidence at the formal hearing. The Judge will ultimately determine if the licensee has violated the law, and if so, what disciplinary action should be imposed.

Note:  Generally, there will be an additional box to check under the formal review hearing if you wish to engage in settlement negotiations with the State of Florida.  If you elect to engage in settlement negotiations, you must waive your right for the formal review hearing to take place within 15 days. 

1. Informal Hearing – You do not dispute the allegations in the Administrative Complaint, however, you would like to submit oral or written mitigating evidence to be considered before any disciplinary action.
2. Accept Final Order – You do not dispute the allegations in the Administrative Complaint and you request that Administrative Law Judge impose a final order and disciplinary action in your case.  Sometimes, this will also require you to sign a form called “Voluntary Relinquishment of License”. 

If you do not respond within 21 days with one of these three options, a default final order will be sent to you. 

          The penalties that can be imposed on a licensee that is determined to violate the law range from a written reprimand to suspension or permanent revocation.  Generally, in determining the appropriate penalty, an Administrative Law Judge will take into account the following aggravating and mitigating factors:

• The degree of harm to the consumer or public.
• The number of counts in the administrative complaint.
• The disciplinary history of the licensee.
• The status of the licensee at the time the offense was committed.
• The degree of financial hardship incurred by a licensee as a result of the imposition of a fine or suspension of the license.
• Violation of the provision of part II of chapter 475, wherein a letter of guidance as provided in section 455.225(3) has been previously issued to the licensee. 

How to Respond to an Administrative Complaint

Every case is different.  In some cases, it would be in the licensee’s best interest to request a formal review hearing to challenge the allegations because the licensee is innocent of illegal activity.  In other cases, it can be in the licensee’s best interest to settle the case for a license suspension to avoid permanent revocation.

The bottom line is that most administrative complaints can result in serious consequences to the individual’s license. This can affect the licensee’s livelihood as he can no longer financially provide for his family. Because these decisions are so important, it is crucial that every action taken with DBPR is made after careful consultation with an attorney. 

Attorney for Professional License Defense in Miami, FL

At Hubbs law, we defend against DBPR complaints for all types of professions.  Our attorneys have significant courtroom experience, are former prosecutors, and attorney E.J. Hubbs is board certified in criminal trial law, an honor held by less than 1% of the attorneys in Florida. 

You need an experienced attorney to handle your case.  Your license and livelihood are too important to leave in your own hands.  Our attorneys will meet with you, thoroughly evaluate your case, prepare defenses, negotiate with DBPR on your behalf, and conduct a formal hearing if necessary.

Hubbs Law handles all professional license cases in Miami-Dade County including South Miami, North Miami, Coral Gables, Kendall, Doral, Homestead, Pinecrest, Palmetto Bay, Cutler Bay, and Hialeah, as well as other cities and areas in the Greater Miami Area.

Call 305-570-4802 today to schedule your first consultation today.