DBPR Licensed professionals
Any time a complaint is filed against you by the Florida Department of Business & Professional Regulation or one of the other state governing boards in Florida, immediate, decisive and professional action must be taken.
What to you appears to be an innocent inquiry can quickly escalate into a long, chaotic and public process without a proper response. An ignored inquiry or complaint could cost you a huge amount of money and time away from your clients.
Many licensed professionals do not understand the investigative process or appreciate how intrusive it can be on every facet of your work life. This includes a misunderstanding of the role of the agency investigator and any statement the licensee holder provides in response to the official complaint.
Many fail to seek legal advice prior to speaking with an investigator or before a formal written response is submitted.
Most people do not understand the reality of an initial investigation by a governing board or state agency is analogous to a police investigation.
You must take complaints from the State of Florida and federal government very seriously; your license may be at stake
Any contact you have from the State of Florida through the Department of Business & Professional Regulation, or the federal Occupational Safety and Health Administration must be taken seriously and acted upon immediately.
Your FPA Legal Defense Insurance Company policy provides you with quick access to our panel of attorneys. At the first sign of activity from any governing body, immediately call FPA-LDIC and talk with one of our attorneys. DO NOT talk with anyone else, especially an investigator or representative of the DBPR. You have the inalienable right to be represented by an attorney.
Your first action is to call FPA-LDIC at 800-477-5709 or 904-854-6056 during regular business hours. You will immediately be put in touch with an attorney.
When you receive a Uniform Complaint a Uniform Citation or an Administrative Compliant you should do the following:
• Review the entire packet of information immediately. Do not leave the envelope unopened or ignored – the time deadline for response is based on the date of mailing – not the time you receive the information.
• Photocopy the entire package including the envelope, verifying the date stamp on which the package was placed with the United States Postal Service. If you received the information via certified mail, be sure the certified mailing date is photocopied, too.
• Contact FPA-LDIC immediately at 800-477-5709 or 904-854-6056 and talk with someone in person; voice mail messages do not constitute notification. Failure to notify within the timeframe of your policy can exclude a claim from coverage. After you make initial notification by telephone, send you claim to FPA-LDIC in writing, either by facsimile or mail immediately.
• Follow the instructions of your policy regarding future conduct precisely. The procedures of FPA Legal Defense Insurance Company are designed to protect your rights at all times and afford you maximum benefits. No matter is too small to inquire about; no question too inconsequential to ask. All information should be retained for discussion with your attorney.
• Do not speak to anyone regarding this matter without first consulting your attorney as provided by FPA-LDIC. If an investigator or anyone else from a government agency or governing board contacts you, refer them to your attorney. You have the right to communicate solely through your attorney.
• Your FPA-LDIC attorney will make contact with the investigator regarding your response and any additional information they might require. Maintain a confidential file of all materials received and produced to your attorney throughout the procedure. In order to maintain attorney-client privilege and confidentiality, all correspondence must be transmitted to any government agency through your attorney.
• Gather all materials requested and cooperate fully throughout the process. Provide documents requested in an expeditious fashion. This is a serious process with serious consequences. Your FPA-LDIC attorney is working diligently on your behalf, procrastination is detrimental to the success of your case.
48 Hour notification of claims is required
FPA Legal Defense Insurance Company – as outlined in your policy – requires you to notify FPA-LDIC of any complaint, audit, probe, or investigation within 48 hours after receiving notification of a pending investigation.
Not all notifications by these governing boards will be certified or otherwise endorsed. Any communication should be treated as official notification.
If you have any questions or concerns about any correspondence you have received by the Florida Department of Business & Professional Regulation, OSHA, or any regulatory board, contact FPA-LDIC immediately for professional assistance. An attorney will review the information and then call you in response to your request.
Telephone 800-477-5709 or 904-854-6056 • Facsimile 904-854-6057 Return to top