Administrative law regulates governmental agencies, which have rulemaking, decision-making, and enforcement powers. In Florida, these processes are governed by statute, or by processes established by cities and counties. Administrative agencies can pass regulations, which have the force of law and require compliance. Unlike litigation, the decision-making aspect of administrative law can result in either formal or informal agency hearings governed by complex rules and procedures. Generally, a final order issued by an agency may be subject to judicial review by the courts.
ADMINISTRATIVE LAW SERVICES
- Health Care
a. Licensure and Discipline: State agencies in Florida have established various licensing, certification, and accreditation requirements which govern licensed health care facilities. Agency approval is typically required when forming a new health care business, or selling or purchasing an existing one. Our firm is experienced in obtaining and maintaining facility licensure for skilled nursing facilities, assisted living facilities, home health agencies, ambulatory surgery centers, pharmacies, health care clinics and group homes. This includes initial license applications, renewals, and changes of ownership.
Additionally, we represent physicians, dentists, chiropractors, pharmacists, psychologists, nurses, mental health providers, rehabilitation therapists, and technicians of all types in seeking licensure, maintaining licensure, or obtaining registrations or permits to practice their professions. We assist health care practitioners to respond to investigations by Florida’s Department of Health and defend them in disciplinary actions taken by their licensing boards. The firm’s health care lawyers are also experienced in filing waivers, variances and petitions for declaratory statements on behalf of its health care clients.
b. Reimbursement Defense: Fraud and abuse prevention is one of the cornerstones for achieving the billions of dollars in savings that are being sought by the federal and state governments to be redeployed to expand the persons for whom health care services are being provided. These developments have resulted in increased scrutiny of health care provider fraud and abuse compliance, billing practices and an increase in the volume of investigations and lawsuits by federal and state agencies. The Agency for Health Care Administration administers Florida’s Medicaid program, through various means, may seek to terminate providers for alleged fraud or abuse, or to recover overpayments through audits, payment suspensions or similar means. We have extensive experience defending providers against these claims.
- Land Use
Florida offers many options to obtain permits and licenses, or to dispute denials or revocations of permits and licenses through various administrative processes. In addition, many local governments have established their own administrative law schemes to handle permitting issues. These include environmental permits, driveway connections, comprehensive land use plan amendments, alcoholic beverage permits and many other areas. Our firm is very experienced in administrative law, and can assist in procuring permits or defending challenges or denials, including mediations with permitting authorities and administrative litigation. We can also assist in complying with changes to zoning codes, comprehensive plans, and noise ordinances.
- Employment Law
Our firm is experienced before state and local human rights agencies, the Equal Employment Opportunity Commission, the National Labor Relations Board, Occupational Safety and Health Administration, and various administrative tribunals.
- Corporate and Securities Law
The Securities and Exchange Commission is a governmental agency governed by Federal law. Our firm is experienced in raising securities matters brought before the SEC as well as state securities regulators.
- Offsite Advertising/Billboard
The Florida Department of Transportation has established a complex scheme for issuing offsite advertising permits. Denial of permit applications may be remedied through informal or formal administrative proceedings.
- Access Management
The Florida Department of Transportation has established an administrative permitting process that provides for challenges to denials of driveway connections based on failure to comply with spacing, distance and other technical requirements.
- Rule Promulgation or Challenge
Agencies engage in a formal rulemaking process with public input. We assist parties during the rulemaking process and challenge rules that may exceed the legislature’s grant of statutory authority.