Business Administrative Law
Certain businesses are dependent upon securing favorable regulatory standing and compliance. We excel in assuring businesses the regulatory headroom they need to thrive. If the success of your business, project or professional endeavor is dependent on permits, licenses or approvals from a Federal, State or local administrative agency, we have the experience and insight to effectively represent your interests and partner with you to achieve your ideal outcome.
Agencies we routinely deal with
- Florida Office of Financial Regulation (“OFR”)
- Florida Department of Financial Services (“DFS”)
- Florida Office of Insurance Regulation (“OIR”)
- Florida Department of Business and Professional Regulation (“DBPR”)
- Florida Agency for Health Care Administration (“AHCA”)
- Florida Department of Health (“DOH”)
- County and Municipal Agencies.
The Florida Administrative Procedure Act
The Florida Legislature created a comprehensive administrative decision-making process which provides a road map for the exercise of authority delegated to agencies by the legislature, and, at the same time, provides full opportunities for public participation. The APA delegates authority to Florida’s administrative agencies to promulgate rules and regulations which comprise the Florida Administrative Code. Compliance with these rules and regulations is required to avoid financial penalties, license suspension or revocation.
Is licensing subject to the APA?
The APA establishes timeframes within which an agency must act on an application for licensure. The failure of the agency to respond to the application for licensure within the prescribed time results in default licensure, so long as the applicant successfully completes any examination required and satisfies other statutory requirements. Upon receipt of an application for licensure, an agency has 30 days in which to examine the application and notify the applicant of any errors or omissions as well as request any additional information as permitted by law. If the agency takes such action within 30 days, an application may be denied if an applicant fails to correct errors or omissions or supply additional information as requested. Under the APA, license applications must be approved or denied within 90 days of the original application or the agency’s request for additional information.
Pressure Points
There are numerous instances in which it will benefit your business to consult an attorney experienced in navigating Florida’s administrative licensing and regulatory frameworks, including:
- Initial application for licensure
- Compliance with regulations
- Defending an administrative enforcement action
Other matters that may affect your business and in which you deserve your interests represented include:
- Rulemaking
- Rule challenges
- Petitions for waivers and variances
- Florida procurements and bid protests
Businesses that contract with the state must comply with the narrow procurement and bid protest process. There are various steps to the procurement process, and we have experience in guiding clients through all of them, including invitations to bid (ITB); request for quotes (RFQ); invitations to negotiate (ITN); and request for proposals (RFP).
Our attorneys are proficient in interpreting the requirements to obtain licensure for your particular business and will advise you throughout the entire process.
Experience
- Formal and informal administrative hearings and agency proceedings
- All aspects of rulemaking proceedings, including rule challenges
- General regulatory matters
- Petitions for variances and waivers from requirements of the Florida Administrative Code
- Bid protests and procurement proceedings
- Representation in initial applications for licensure
- Establishment of representative offices
- Defending professional disciplinary actions and hearings before the Division of Administrative Hearings
- Maintaining Forms ADV & U4
- Registering international trust company representative offices
- Registering international banking representative offices
- Litigation and negotiation of administrative enforcement actions
- Mitigation of financial penalties associated with enforcement actions
