License Defense: What to Do When Facing a DBPR or Medical Board Complaint in Florida.

June 25, 2025 | FORS | ATTORNEYS AT LAW

For many professionals (e.g., construction contractors, architects) whose work requires a license policed by Florida's Department of Business and Professional Regulation (“DBPR”), the filing of a complaint against them threatens their livellihood and offends the pride they take in their work and trade. Similiary, healthcare professionals such as physicians, dentists, advanced registered nurse practitioners (ARNPs), and physician's assistants, often find themselves facing a complaint before Florida's Agency for Health Care Administration (AHCA) or medical boards and societies required for necessary credentialing and employment. The framework and procedure is very similar and usually begins with an inquiry as to whether "probable cause" exists to proceed with investigation and prosecution. But what happens when you receive a letter from the DBPR, or another body that regulates your license, informing you that a complaint has been filed against you—and worse, that it’s been referred to a “probable cause panel”? Defending yourself strongly and at the earliest stage can be critical.

At FORS, we often counsel and defend licensed professionals who are facing disciplinary action for licensing issues. Here’s what you need to know if you find yourself in this situation.

Understanding the Complaint Process

The DBPR, for instance, oversees the licensing and regulation of hundreds of professions in Florida, from contractors and real estate agents to accountants and cosmetologists. When a consumer, client, or third-party believes a licensee has violated the rules governing their profession, they can file a formal complaint with the agency. Once a complaint is received, the DBPR conducts a preliminary investigation to determine whether the allegations have any merit. If the agency believes there may be a violation of Florida law or administrative rules, the matter is escalated to the probable cause panel.

What Is the Probable Cause Panel?

The probable cause panel is typically composed of members of the relevantprofessional board. Their role is not to determine guilt or innocence, butrather to evaluate whether there is “probable cause” to believe a violationoccurred. In plain English, probable cause means that there is enough reliableinformation (facts and circumstances) to lead a reasonable and cautious personto believe that a violation of law or regulation has occurred. This thresholdis lower than the standard used in a formal hearing—it’s similar to a grandjury in a criminal case.

 The panel may:

• Dismiss the complaint (no probable cause found
• Issue a letter of guidance (a non-disciplinary advisory notice)
• Find probable cause and direct the DBPR to file a formal administrative complaint.

What Happens If Probable Cause Is Found?

If probable cause is found, the case proceeds to the disciplinary phase,where you will have the opportunity to respond to the charges, present evidence, and defend yourself. This may include formal hearings before anadministrative law judge. Depending on the outcome, potential penalties can include:

• Fines
• License suspension or revocation
• Mandatory education or probation
• Public reprimand.

These potential penalties are usually outlined in thestatute or regulation governing the specific profession at issue, but can bemodified by the judge or other fact finder based on exacerbating and mitigatingcircumstances.

What You Should Do (Or Not Do)?

Receiving a DBPR or board complaint is a serious matter, and how you respond can significantly impact yourprofessional future. Here’s what we recommend:

1. Consult legal counsel immediately, ideally someone experienced in administrative or professional licensing law.
2. Preserve all relevant documentation, including contracts, communications, and records related to the complaint.
3. Do not ignore the letter. Time-sensitive rights and deadlines may apply.
4. Do not contact the complainant or attempt to resolve the issue informally.

We Can Help.

At FORS, we represent licensed professionals across Florida in regulatory and disciplinary proceedings, including matters before the DBPR. If you have received notice of a complaint or need help navigating the probable cause process, we can help you defend your license.

This blog post is intended for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, please consult with an attorney.