When Your Professional License Is on the Line, You Need the Best Legal Representation
If you're a licensed professional in Florida, whether you’re a doctor, lawyer, nurse, contractor, or another licensed individual, your professional license is one of your most valuable assets. It represents years of hard work, education, and dedication to your field. But what happens if that license is threatened by an allegation of misconduct, unethical behavior, or a criminal conviction? How do you defend yourself?
As a Florida professional license defense lawyer, I've represented many professionals facing the risk of license suspension or revocation. In this article, I’ll explain how Florida law governs professional licenses, the statutes involved, potential defenses, and why it’s crucial to have a private attorney by your side when your career and livelihood are at risk.
What Is a Professional License in Florida?
In Florida, various professionals are required to hold a valid license to practice within their field. These licenses are issued by state agencies or boards, and they grant the right to legally perform specific professional duties. Examples of professions that require licensure include:
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Medical doctors and nurses (licensed by the Florida Department of Health and medical boards)
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Attorneys (licensed by The Florida Bar)
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Accountants (licensed by the Florida Board of Accountancy)
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Real estate agents (licensed by the Florida Real Estate Commission)
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Contractors (licensed by the Florida Department of Business and Professional Regulation)
Each licensing authority has its own set of regulations, and a violation of these regulations can result in disciplinary action against your license.
Florida Statutes Governing Professional Licenses
The Florida Statutes contain a variety of laws that govern how professional licenses are granted, maintained, and revoked. If you're facing a potential issue with your professional license, several statutes will likely be involved. Below are some key statutes that apply to professional license defense:
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Florida Statutes § 120.57: This statute governs the procedures for administrative hearings and the rights of licensees to contest disciplinary actions. It provides a process for challenging allegations of misconduct that may lead to the suspension or revocation of your license.
Text of § 120.57:
"Any person whose substantial interests are affected by agency action may petition for an administrative hearing before an administrative law judge pursuant to this section." -
Florida Statutes § 456.072: This section defines the grounds for disciplinary action for health care professionals and other regulated professions under the Florida Department of Health. It lists offenses such as fraud, negligence, and substance abuse as reasons for potential disciplinary actions.
Text of § 456.072:
"The following acts constitute grounds for denial of a license or disciplinary action: Fraud or misrepresentation in obtaining a license, conviction of a felony, making false statements, and violation of professional standards." -
Florida Statutes § 455.227: This statute is important for any regulated professional, and it covers the disciplinary authority of the Department of Business and Professional Regulation (DBPR). It lists the offenses for which the DBPR can take action against your license.
Text of § 455.227:
"The Department may deny, revoke, or suspend a license for violations, including felony convictions, fraud, misconduct, or unprofessional conduct."
Each of these statutes plays a role in how Florida professionals are held accountable and the procedures followed when a professional license is at risk.
Common Reasons for License Disciplinary Actions in Florida
In Florida, professionals may face disciplinary actions for various reasons. The most common include:
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Criminal convictions: A criminal conviction, especially one involving fraud, substance abuse, or violence, can trigger a license review.
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Substance abuse or addiction: If a professional is found to be impaired by drugs or alcohol while working, they can face suspension or revocation of their license.
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Fraud or misrepresentation: If you are accused of falsifying records or credentials, you may face disciplinary proceedings.
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Unprofessional conduct: This can include failure to follow professional guidelines, negligence, or unethical behavior in your practice.
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Failure to comply with continuing education requirements: For certain professions like nursing or real estate, failure to maintain certifications or attend required educational programs can lead to disciplinary actions.
Defenses for Florida Professional License Violations
If you’re facing a disciplinary hearing for a violation of Florida’s professional licensing rules, there are several potential defenses that could help you retain your license or reduce the penalties. Below are common defenses used in professional license defense cases:
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Lack of Evidence: If the accusations against you are based on insufficient or weak evidence, your attorney can argue that the evidence is not compelling enough to warrant disciplinary action. For example, if a fraud accusation is made but no actual fraudulent activity can be proven, the case can be dismissed.
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Mistaken Identity or False Allegations: If you’ve been accused of a crime or misconduct that you didn’t commit, your attorney will work to prove your innocence. For example, in a case where someone else’s actions were mistakenly attributed to you, the charges may be dropped.
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Lack of Intent: In some cases, the violation may have been unintentional. For instance, if you were convicted of a crime but the offense occurred outside your professional duties, your attorney might argue that the violation does not affect your ability to practice.
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Rehabilitation: If you’re dealing with issues such as substance abuse, proving that you’ve sought treatment and have undergone rehabilitation can show your commitment to professionalism and can result in a reduced penalty or reinstatement of your license.
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Due Process Violations: If you were not given adequate notice of the charges, or if your due process rights were violated during the disciplinary process, your attorney can argue that the disciplinary action is invalid.
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Insubstantial Impact on Public Safety: If the alleged misconduct doesn’t pose a threat to public health or safety, this can be used as a defense. For example, a minor mistake may not warrant the suspension of a medical license if it didn't harm any patients.
Real-Life Example: Winning a Professional License Defense Case
Let me share a case I worked on where a nurse’s license was at risk due to an accusation of drug diversion.
In this case, my client—a registered nurse—was accused of taking prescription drugs from the hospital where she worked. The allegation was based on a discrepancy between the amount of medication reported in inventory and the amount dispensed to patients. The hospital filed a complaint with the Florida Board of Nursing, and my client was facing a potential suspension or revocation of her nursing license.
After a thorough investigation, I discovered several flaws in the hospital’s inventory practices, which led to the incorrect records. Additionally, my client had a strong work history and had never been previously accused of misconduct. I presented this evidence at the hearing and demonstrated that the accusations were based on faulty documentation rather than intentional misconduct.
As a result, the board decided to issue a probationary license with additional continuing education requirements instead of revoking her license. This was a huge win for my client, as it allowed her to continue practicing without a permanent blemish on her record.
This is just one example of how having the right legal representation can protect your professional future.
Why You Need a Private Attorney for Professional License Defense
A private attorney is essential when defending your professional license because:
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They know the law: Florida’s professional license laws are complex. Having a private attorney ensures that all the relevant statutes, case law, and procedural rules are carefully considered in your defense.
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They can negotiate on your behalf: Often, the best outcome is not a full dismissal but a settlement or a reduced penalty. A skilled attorney can negotiate with the regulatory agency or licensing board to achieve a favorable result.
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They have experience handling these cases: Professional license defense isn’t just about knowing the law. It’s about understanding how to present your case in a way that resonates with the licensing authority. Private attorneys are experienced in navigating the administrative processes and can handle the legal details while you focus on your career.
If you’re facing disciplinary action or even just an investigation into your professional license, don’t risk losing your livelihood. A private attorney is the best way to protect your reputation and career.
FAQs About Professional License Defense in Florida
What is the process for defending my professional license in Florida?
The process generally begins with an investigation by the regulatory board or agency overseeing your profession. If they believe there’s sufficient evidence of a violation, they will initiate disciplinary proceedings, which may include a formal hearing. Your attorney will help you understand the allegations, collect evidence, file motions, and represent you at hearings to defend your rights.
What happens if I’m found guilty of professional misconduct?
If you’re found guilty, you could face a range of penalties, including suspension, revocation, fines, or probation. The severity of the penalty depends on the nature of the violation and whether it involves a criminal conviction. Having an experienced attorney can help minimize the consequences.
Can my license be reinstated after it’s revoked?
In some cases, yes. After a license revocation, you may be eligible to apply for reinstatement. This often requires demonstrating rehabilitation, completing additional education or training, or meeting other specific requirements set by the licensing board. A private attorney can guide you through the reinstatement process and help ensure you meet all the necessary criteria.
What if I’ve been accused of a criminal offense affecting my professional license?
Criminal convictions related to your professional conduct can severely impact your license. However, not every conviction automatically leads to license revocation. An attorney can assess the situation and help you explore options, such as challenging the conviction or presenting mitigating circumstances that may reduce the penalty.
How can a professional license defense lawyer help me?
A professional license defense lawyer can provide critical assistance at every step of the process. From investigating the allegations to gathering evidence, filing motions, and representing you in hearings, a lawyer ensures that your rights are protected and that you have the best possible chance of preserving your professional license.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.