How Our Fort Lauderdale Administrative Attorneys Can Help
Michael L. Feinstein, P.A., a Fort Lauderdale based law firm, represents clients before federal, state and municipal administrative agencies and regulatory authorities. A Fort Lauderdale administrative lawyer can help navigate the details of administrative law by carefully analyzing each administrative matter to form strategies that efficiently and effectively manage each matter.
The firm offers services to advance our client’s interests in the rule-making process and to protect client’s rights in the adjudicative or “quasi-judicial” process. In particular, our attorneys provide representation in the following administrative matters:
- Application for Business and Professional Licenses and Permits
- Professional Disciplinary Proceedings, including actions before:
- Department of Business and Professional Regulation
- State of Florida Public Employees Relations Commission
- Local Realtor Boards
- City and County Code Enforcement and Zoning Law
- Litigation involving an Administrative Agency
Background About Administrative Law
Administrative law addresses the laws and legal principles which govern the administration and regulation of federal and state agencies, including commissions and boards. This particular area of law covers a wide and varied area of practice and encompasses different types of legal procedures and regulations. The growth of the state and federal regulatory environment has many types of business and policy matters being handled by agencies rather than in the courts or by the legislative branch.
Federal, state, and local agencies are given their power by Congress, state legislatures or city counsels through statutory law where regulations are then promulgated. The agencies must draft and execute their regulations at the federal, state, county and city level. Each agency generally has its own specific rules and regulations with procedures which must be followed to obtain assistance from the agency as well as to file claims, grievances and appeals.
In order to successfully challenge an adverse agency action or to advocate for or defense of a favorable agency decision, the attorney must understand the legal principles governing the specific agency conduct. The Administrative Procedure Act is the governing law for federal administrative agencies. The statue was enacted in 1946 and establishes the ways in which the administrative agencies of the federal government may propose and establish regulations.
Florida’s Administrative Procedures Act
States also have specific governing law for their state administrative agencies which allows for the creation of the rules and regulations as well as the procedures for those who seek remedies from a particular agency’s decision. In Florida, the Administrative Procedures Act, as addressed in Chapter 120 of the Florida Statutes, outlines a comprehensive administrative process by which agencies exercise the authority granted by the Legislature while also offering opportunities for citizen involvement. Accordingly, the state agencies are subject to a uniform procedure in enacting rules and issuing orders while also allowing citizens to challenge an agency’s decision. The modern version of Florida’s Administrative Procedures Act was enacted in 1974 and has been amended almost every year since, but still maintains its basic components.
Before appealing an administrative law decision or determination to a non-administrative court, an individual should exhaust the options provided by the agency. It is necessary to review the specific requirements of the particular agency to determine what steps must be taken to address the legal issue. Please contact an experienced Fort Lauderdale administrative attorney at Michael L. Feinstein, P.A. to discuss your specific administrative law questions or to schedule an initial consultation to discuss your specific case.