Most licensed professionals in Florida never think about the Administrative Procedure Act, or APA, until their board sends a letter that starts with one terrifying sentence:
“The Department intends to take disciplinary action against your license.”
That letter means your career has entered an administrative process controlled by law. What happens next is not arbitrary. It’s governed by a detailed system of rights, timelines, and procedures created to keep agencies honest.
The Florida APA exists to prevent state boards from acting like judge, jury, and executioner. It gives you the right to notice, the right to a hearing, and the right to judicial review. In other words, it’s the legal firewall between bureaucracy and your livelihood.
What the APA Is and Why It Matters
The Florida Administrative Procedure Act, found in Chapter 120 of the Florida Statutes, controls how every state agency exercises its power. That includes the Department of Health (DOH), the Department of Business and Professional Regulation (DBPR), the Department of Education (DOE), and dozens of individual professional licensing boards.
The APA applies when an agency or board:
- denies a license application,
- suspends or revokes an existing license,
- imposes a fine or reprimand, or
- adopts rules that affect your professional rights.
In short, if the state wants to touch your license, the APA dictates how it must do it.
Without the APA, agencies could act on hearsay, politics, or public pressure. With it, they have to follow rules of evidence, give notice, and let you defend yourself in front of an independent judge.
Your Core Rights Under the Florida APA
The APA’s main purpose is fairness. It lays out procedural guarantees that every licensee should know.
1. The Right to Notice
Under Section 120.60, you have the right to receive written notice if an agency intends to deny, suspend, or revoke your license. The notice must explain the legal reasons and facts supporting the proposed action. Agencies cannot surprise you with a sudden suspension unless there is a genuine emergency threatening public safety.
2. The Right to a Hearing
If you disagree with the allegations, you can demand a hearing within 21 days of receiving notice. This right comes from Section 120.569 and Section 120.57.
There are two main types:
- Formal hearings before an Administrative Law Judge (ALJ) at the Division of Administrative Hearings (DOAH). You can present witnesses, cross-examine, and introduce evidence just like in court.
- Informal hearings before the agency if you do not dispute the facts but want to argue mitigation or legality.
Either way, the state must prove its case with competent, substantial evidence — not rumor or assumption.
3. The Right to a Recommended and Final Order
After a hearing, the ALJ issues a Recommended Order summarizing the evidence and conclusions of law. The licensing board can accept or reject that recommendation, but it must explain its reasons in a Final Order. This prevents secret or arbitrary decision-making.
4. The Right to Judicial Review
Once the Final Order is entered, you can appeal under Section 120.68, Florida Statutes. Appeals go to one of Florida’s District Courts of Appeal, not back to the agency. The court reviews whether:
- the agency followed proper procedure,
- the decision respected due process,
- the order was supported by evidence, and
- the law was applied correctly.
The court can reverse or remand the case if it finds the agency acted unfairly or exceeded its authority.
Who Is Covered by the APA
Almost every Florida professional licensing board is covered. That includes:
- Health professionals under the Department of Health (nurses, doctors, dentists, psychologists)
- Business and construction professionals under the Department of Business and Professional Regulation (contractors, engineers, real estate agents)
- Teachers and school administrators under the Department of Education
- Law enforcement officers under the Criminal Justice Standards and Training Commission
The main exception is The Florida Bar, which operates under the Florida Supreme Court rather than the executive branch. Attorney discipline follows its own rules.
How the Process Usually Plays Out
- Complaint or report filed: Often from a patient, client, or employer.
- Investigation opened: The agency reviews records and interviews witnesses.
- Probable cause determination: A panel decides whether there’s enough evidence to proceed.
- Administrative complaint issued: The agency formally alleges violations.
- You request a hearing: Within 21 days, you choose formal or informal proceedings.
- Hearing before DOAH: Evidence and testimony presented to an ALJ.
- Recommended Order issued: Judge makes findings.
- Final Order by the board: Discipline imposed or case dismissed.
- Appeal filed to the DCA: Judicial review of the agency’s decision.
Throughout this process, you have the right to counsel, to present witnesses, and to obtain discovery. These are the same protections that keep a criminal court honest.
Why the APA Matters for Professionals
For licensed professionals, the APA is not just a technical statute. It’s the reason your agency cannot suspend your license in secret or on a whim. It forces transparency and accountability.
When the process works, it ensures that:
- disciplinary actions are based on facts,
- penalties are proportionate, and
- professionals get a real chance to defend themselves.
Unfortunately, many licensees don’t realize how fast deadlines move. If you ignore an administrative complaint, the agency can issue a default order that permanently damages your record. Once that happens, you lose most of your appeal rights.
Common APA Violations by Agencies
Agencies sometimes cut corners. George Law regularly challenges cases where boards:
- Failed to give proper notice of allegations
- Relied on unauthenticated or hearsay evidence
- Ignored mitigating evidence or rehabilitation
- Used vague or unconstitutional rules (like “moral character” clauses)
- Issued penalties beyond what statutes allow
Each of these can be grounds for reversal on appeal. The APA gives courts the authority to send a case back when an agency’s process is unfair or unsupported.
How a Lawyer Can Protect Your License
If you receive a notice of intent or administrative complaint, time is everything. An experienced attorney can:
- File a timely election of rights to preserve your hearing
- Review the investigative file and challenge weak evidence
- Represent you before the ALJ at DOAH
- Prepare written exceptions to the Recommended Order
- File a judicial appeal to a District Court of Appeal if necessary
A well-argued administrative defense can often prevent a suspension or result in a reduced penalty. In some cases, it can clear your record entirely.
The Big Picture
Florida’s Administrative Procedure Act was designed to prevent government overreach. It gives professionals a roadmap to fight back when a licensing board oversteps. While agencies have power, that power is not unlimited.
You have the right to notice, a hearing, and judicial review. You have the right to challenge vague moral standards and unfair penalties. And most importantly, you have the right to legal representation that understands how administrative law really works.
If your professional license is under investigation, contact George Law before you respond to the board. The earlier you assert your APA rights, the stronger your defense will be.
FAQs: Florida’s Administrative Procedure Act (APA) and Licensing Defense
- What is the Florida Administrative Procedure Act (APA)?
The APA, found in Chapter 120 of the Florida Statutes, is the law that governs how Florida state agencies make decisions and enforce rules. It guarantees fair procedures when an agency issues, denies, suspends, or revokes a professional license. - Which licensing boards in Florida are covered by the APA?
Almost all executive-branch boards are subject to the APA, including the Department of Health (DOH), Department of Business and Professional Regulation (DBPR), and Department of Education (DOE). The main exception is The Florida Bar, which is regulated by the Florida Supreme Court under separate rules. - What rights do I have under the Florida APA if my license is at risk?
You have the right to written notice of the proposed action, the right to request a hearing, the right to present evidence and witnesses, and the right to appeal an adverse decision to a Florida District Court of Appeal. The agency must follow these procedures before taking final action against your license. - What is a DOAH hearing?
A DOAH hearing is a formal proceeding before an Administrative Law Judge (ALJ) at the Division of Administrative Hearings. It operates like a trial: both sides present evidence and witnesses, and the judge issues a Recommended Order. The licensing board then reviews that recommendation before issuing a Final Order. - How long do I have to request a hearing after receiving notice from a licensing board?
You typically have 21 days from the date you receive the agency’s notice of intent to deny or discipline your license. Missing that deadline can waive your right to a hearing, so it’s critical to act quickly. - Can I appeal a licensing board’s Final Order in Florida?
Yes. Under Section 120.68, Florida Statutes, you can appeal to the appropriate District Court of Appeal within 30 days after the Final Order is filed. The court reviews whether the agency followed proper procedures and whether the decision is supported by evidence and law. - Does the Florida APA protect me from unfair or biased decisions?
It does. The APA requires agencies to base their decisions on competent, substantial evidence and prohibits arbitrary or capricious actions. If an agency ignores your evidence or relies on vague standards like “unprofessional conduct,” that can be grounds for reversal on appeal. - What happens if the agency violated the APA during my case?
If the agency failed to follow required procedures, such as not giving proper notice, denying a hearing, or issuing a vague order, a court can reverse or remand the decision for a new hearing. This process is designed to ensure that state agencies respect due process. - How can an attorney help during an APA proceeding?
An experienced administrative-law attorney can help you file your election of rights, gather evidence, represent you at the DOAH hearing, and preserve your rights for appeal. Early legal intervention often prevents procedural mistakes that could cost you your license.
