What to Expect at a Florida Licensing Board Hearing

How a Florida Licensing Board Hearing Works

A Florida licensing board hearing is an administrative proceeding, not a criminal trial, and there is no jury. Instead, the state licensing board determines whether disciplinary action against your professional license is appropriate. These hearings occur during scheduled board meetings under the authority of the Florida Department of Health and the relevant Florida board for your profession. Board meetings are generally open to the public (and recorded) under Florida’s Government in the Sunshine Law. There are many different types of proceedings that may occur before a Florida licensing board, including settlement agreements, informal hearings, review of recommended orders from formal hearings, applications, and other matters that come before the Board. Informal hearings are one of the most common types of board appearances for licensees facing disciplinary action.

Informal Hearings

An informal hearing occurs when the licensee does not dispute the material facts alleged in the Administrative Complaint but may dispute the appropriate discipline. At an informal hearing, the Board considers the Administrative Complaint and supporting materials submitted by the Department of Health. The licensee may accept the allegations as true for purposes of the hearing and present evidence of mitigation before the Board determines appropriate discipline. Your attorney may present documents or an argument. The discussion often centers on corrective action and future compliance rather than factual disputes. Many cases before Florida professional licensing boards proceed this way, particularly when the licensee does not dispute the material facts alleged in the Administrative Complaint.

Why Does the Florida Department of Health Schedule Board Hearings?

There are many different reasons why a case may be scheduled for a Florida licensing board meeting. Some matters, such as settlement agreements, applications, or required appearances, may be scheduled automatically or at the Board’s discretion. However, in the context of informal hearings, this type of hearing is something you affirmatively choose after receiving an Administrative Complaint and Election of Rights form. By electing an informal hearing, you agree that the material facts are not in dispute and ask the Board to determine the appropriate discipline. Board hearings arise from investigations conducted through the Department’s Medical Quality Assurance process. Common triggers include:

• Patient complaints
• Criminal charges or arrests
• Allegations of substandard care
• Documentation issues
• Substance-related concerns
• Billing concerns
• Continuing medical education deficiencies
• Required appearance notices

Not every complaint results in disciplinary cases being presented to the Florida board. But when a matter reaches the DOH, it means the Department has advanced the case for formal board action.

What is an Administrative Complaint in Florida?

An Administrative Complaint is the formal charging document issued by the Florida Department of Health after an investigation concludes and probable cause is found. It means the Department believes there is sufficient legal basis to allege a violation of Florida law or professional regulations. It does not mean discipline has already been imposed. The document typically includes:

• The factual allegations
• The statutes or rules allegedly violated
• A proposed range of disciplinary action

Once served, you must respond within a specific timeframe. Failing to respond can result in a default, allowing the board to proceed without your participation. An Administrative Complaint formally moves your case from investigation into prosecution and ultimately toward a Florida licensing board hearing. 

Who Participates in a Board Hearing?

Many professionals are surprised to learn that peers sit on the Florida board.  Participants typically include:

• Board Members – Licensed professionals and public members who review the case, ask questions, deliberate, and vote on discipline.
• DOH Prosecutor – An attorney for the Florida Department of Health who presents the allegations and recommends discipline. 
• Defense Attorney – An attorney who represents licensed healthcare professionals in these proceedings.
• Court Reporter or Recording Staff – Records and transcribes the proceeding, which becomes part of the public record.
• Administrative Law Judge (if applicable) – Presides over formal hearings conducted through the Division of Administrative Hearings when facts are disputed.
• The Licensee – You may answer questions, make a statement, and present mitigation materials.

Knowing who participates in the hearing can help you anticipate who may ask questions, how the discussion may unfold, and where the final decision ultimately comes from. As a former DOH prosecutor, Lauren A. Leikam, PLLC, understands how cases are evaluated internally and now defends professionals facing DOH matters.

What the Hearing Room Looks Like

A board hearing usually takes place during a scheduled board meeting. The setting is formal, set up more like a government meeting room than a courtroom. Here is what you can typically expect:

• Board members seated at tables arranged in a “U” shape
• You and your attorney are seated at one of the front tables
• The DOH prosecutor typically sits at the table beside you and your attorney, across from the Board
• Microphones are placed at each table
• A court reporter or recording system is present
• Members of the public are seated behind the main tables

When your case is called, you will be placed under oath. That means your answers are sworn testimony. The recording becomes part of the public record.

IMPORTANT NOTE: Everything is recorded. 

One critical detail that surprises many professionals: even conversations at the table can be picked up by the microphones. Even quiet side comments may be recorded. Your attorney will guide you on how to communicate during the hearing. If you need an interpreter, that can usually be arranged in advance. It is important to notify your attorney early so proper arrangements can be made.

What to Expect on the Day of Your Hearing

The board hearing follows a structured process. The tone of the hearing is structured and professional. It is focused on accountability, compliance, and public protection. While each case is different, the sequence generally happens as follows.

1. Before the Hearing Begins

Board hearings appear on public event calendars. Dates and locations are subject to change, so it is important to confirm details as close to the hearing date as possible. You should:

• Arrive early
• Meet with your attorney before the session starts
• Sign in if required by the board
• Confirm the agenda order

2. When Your Case Is Called

The board chair will introduce your case, and the DOH prosecutor will summarize the allegations and disciplinary recommendation. Your attorney may provide a brief statement. Board members may ask you direct questions, and mitigation materials may be referenced. Questions can feel personal and may cover what happened, what you have learned, and what steps you have taken since the incident. Listen carefully. Pause before answering to gather your thoughts. Keep your responses clear and focused.

3. During Deliberation

After questioning and presentations, the Board will deliberate, and members will discuss the case amongst themselves. It’s not a good idea to interrupt. If you believe clarification is necessary, consult your attorney. In some settings, raising your hand may signal that you would like to respond, but it’s best to let your attorney guide that decision. Once deliberation concludes, the board votes on discipline. The process may move quickly.

How to Prepare for Your Florida DOH Board Hearing

Board hearings are procedural and can feel overwhelming because you may have limited time to speak. The questions can be direct, the setting is formal, and the outcome affects your livelihood. Thoughtful preparation, with qualified legal support from a healthcare licensing defense attorney, enables professionals to present themselves clearly and professionally before the board.

What To Do Before Your Hearing

Preparation is not simply reading paperwork the night before. Effective preparation often includes:

• Reviewing all discovery materials provided by the Department of Health, including the investigative report and supporting documentation
• Understanding potential penalties
• Preparing and submitting mitigation evidence to the DOH in advance of the Board meeting so it can be reviewed prior to your appearance
• Preparing responses to likely board questions
• Practicing speaking under oath
• Submitting letters of recommendation, if appropriate
• Reviewing committee reports and submitted materials

A Few Practical Reminders

Board members may ask:

• What have you learned?
• What corrective action have you taken?
• Why should the board trust you moving forward?

As you prepare to respond, it’s a good idea to:

• Pause before answering
• Listen to the full question
• Keep answers focused
• Avoid interrupting
• Maintain professional demeanor

Remember that practicing your responses out loud beforehand can help you remain composed.  These are items that Lauren can help educate you on and prepare you for, so that you feel confident and have realistic expectations for the outcome.

What to Wear to a Florida DOH Board Hearing

Professional appearance matters. You want to present yourself respectfully. At a minimum, you should wear clean, conservative business-casual attire. When in doubt, wear a suit. Avoid flashy or overly casual clothing. Your appearance should reflect that you understand the seriousness of the proceedings.