Understanding the Difference Between DBPR Investigations & Administrative Complaints in Sarasota

The Florida Department of Business and Professional Regulation (DBPR) regulates numerous licensed professions across Sarasota and throughout the state, including general contractors, real estate professionals, and other business licensees.

When a complaint is filed against your license, the DBPR process typically unfolds in two distinct stages: the investigation and, if warranted, the administrative complaint. Understanding the critical differences between these stages can mean the difference between protecting your livelihood and facing serious professional consequences.

Stage One: The DBPR Investigation

When the DBPR receives a complaint against a Sarasota licensee, such as a licensed general contractor or real estate broker, it opens an investigation to determine whether any Florida statutes or administrative rules may have been violated. This initial stage is where many licensees make critical mistakes that can jeopardize their defense later.

An Investigation Specialist is typically assigned to your case. The investigator will send you a letter notifying you that a complaint has been filed against your license.

This investigation letter usually contains important information you need to understand, including:

The Complaint Source. The letter identifies who filed the complaint against you, whether it's a client, competitor, or another party.
Alleged Violations. It specifies the exact statute or Florida Administrative Code provision you allegedly violated, giving you insight into the nature of the accusations.
Response Deadline. The letter requests that you contact the investigator within 20 days to respond to the allegations.

Should You Respond to a DBPR Investigator?

This is one of the most common questions Sarasota licensees ask when they receive an investigation letter, and the answer requires careful consideration.

You have the right to remain silent. While a DBPR investigation is not a criminal proceeding, any statements or information you provide to the investigator may later be used against you in a disciplinary action involving your professional license. What seems like a helpful explanation in the moment can become damaging evidence down the road.

There are limited situations where it may be appropriate to provide documentation or evidence demonstrating that the complaint is clearly without merit. However, more often than not, licensees should not immediately respond or provide documents without first consulting an attorney experienced in DBPR defense matters. There's a significant difference between politely denying allegations and inadvertently admitting to a violation while attempting to justify or excuse your actions.

The Probable Cause Panel Review

Once the investigation is complete, the investigator submits the file to the Probable Cause Panel, which is composed of members of the applicable licensing board. This panel serves as a critical gatekeeper in the disciplinary process.

The Panel reviews all evidence gathered during the investigation to determine whether the complaint is legally sufficient and whether probable cause exists to believe a violation occurred. If the Panel finds no probable cause, your case is dismissed and you can move forward without further action. However, if probable cause is found, the DBPR proceeds to the next stage, which carries much more serious implications for your license.

Stage Two: The Administrative Complaint

If probable cause is established, the DBPR files an Administrative Complaint against you. This is a formal charging document that must be taken very seriously, as it represents the state's official accusation that you violated professional regulations.

An Administrative Complaint typically lists one or more counts and specifies the exact statutes or administrative rules you allegedly violated. In most cases, you have just 21 days to respond. Meeting this deadline is absolutely critical, as failing to respond timely can result in a default judgment against your license.

Your Response Options: The Election of Rights

Administrative Complaints include an Election of Rights form outlining your options for responding. Choosing the right path depends entirely on your specific circumstances and the nature of the allegations.

Options include:

An Informal Hearing

This option is appropriate when you do not dispute the material facts alleged in the complaint but wish to present mitigating evidence to reduce penalties. You can present this evidence either in writing or orally, explaining circumstances that might warrant leniency.

A Formal Hearing

This route is used when you dispute the facts alleged in the complaint. Formal hearings are conducted before an Administrative Law Judge at the Division of Administrative Hearings (DOAH). To pursue this option, you must file a timely petition within the 21-day deadline and specifically identify which factual allegations you're disputing. The judge will hear evidence from both sides and determine whether the DBPR has proven the alleged violations.

Admit and Proceed to Final Order

You may choose to admit the allegations and proceed directly to a final order imposing discipline or penalties. This option is sometimes appropriate when the evidence is overwhelming and negotiating the penalty is your best strategy.

Settlement Agreements Are Often Possible

The DBPR employs experienced attorneys who handle these cases daily throughout Florida, including Sarasota. Many administrative cases can be resolved through a Settlement Agreement negotiated between you (or your attorney) and DBPR counsel. These negotiations allow you to potentially reduce penalties, avoid formal hearings, and resolve the matter more quickly.

While settlement terms are negotiated with DBPR attorneys, the licensing board must approve any agreement. Although boards occasionally reject negotiated settlements, they more often approve them, making this a viable path for many Sarasota licensees facing complaints.

Protect Your Sarasota License Early

If you've received a DBPR investigation letter or an Administrative Complaint in Sarasota or anywhere in Florida, early legal guidance can make a significant difference in the outcome of your case. The decisions you make in the first days after receiving notice can determine whether you keep your license or face suspension, revocation, or other serious penalties.

Experienced DBPR Defense Representation in Sarasota

At McIntosh Law, we understand that your professional license represents years of hard work, education, and dedication to your career. Our attorneys have extensive experience defending Sarasota licensees against DBPR investigations and administrative complaints across multiple regulated professions, including general contractors, real estate brokers, building contractors, and other business professionals.

We know how to navigate the DBPR process strategically, from advising you on whether to respond to an investigation letter to negotiating favorable settlement agreements and representing you at formal hearings before administrative law judges. Whether you're facing allegations of unlicensed contracting, contract violations, trust fund issues, or other regulatory complaints, we provide legal defense focused on protecting your license and your livelihood.

Don't navigate this complex process alone. Contact McIntosh Law at (941) 299-0701 or reach out to us online to discuss the facts of your situation and determine the best strategy to protect your professional license and your livelihood.