Did you know that there are two distinct law making bodies in Florida? Stemming from the legislative branch, the Florida State Legislature drafts, votes on, and enacts laws which are eventually codified in the Florida Statutes. From the executive branch, by contrast, comes the various administrative laws and agencies tasked with enforcing those laws which encompasses everything from the Department of Agriculture to Highway Patrol and everything in between.
If you are facing a citation, denial or some other issue relating to an administrative agency (as opposed to a criminal citation or statutory violation), our Ft. Lauderdale administrative attorneys can help you navigate the procedural labyrinth often associated with this side of the law and we will work diligently to arrive at a positive outcome for your case.
Florida's Administrative Law System
Administrative law is different than civil or criminal law and is governed by its own set of procedural rules known as the Administrative Procedures Act. While the outcome of a criminal or civil matter is generally determined by a member of the judiciary, administrative conflicts are presided over by administrative law judges during administrative law hearings. There are several dozen administrative agencies in Florida, including the following:
- Board of Administration (management of state retirement system investments)
- Administrative Hearings Board (reviews agency appeals)
- Agriculture and Consumer Services
- Office of Attorney General
- Office of Auditor General
- Auditing and Accounting
- Business and Professional Regulation
- Florida Cabinet
- Department of Children and Families
- Colleges & Universities
- Economic Opportunities
- Department of Corrections
- Department of Education
- Elder Affairs
- Emergency Management
- Environmental Protection
- Ethics Commission
- Financial Services
- Fire Marshal
- Fish and Wildlife
- Governor's Office
- Health Department
- Healthcare Administration
- Highway Patrol
- Highway Safety
- Insurance Department
- Juvenile Justice
- Labor and Workforce
- Department of Law Enforcement
- Management Services
- Public Service Commission
- Secretary of State
- Veterans Affairs
- Water Management
As you can see, the list of administrative agencies is as expansive as it is comprehensive, and the ways in which an administrative attorney can assist are virtually endless. In addition to the above-listed Florida agencies, our administrative law lawyers can also help with certain federal issues involving agencies including the Social Security Administration or Veteran's Affairs.
The Basics of Administrative Law Hearings
By and large, an administrative law hearing is less formal than a traditional courtroom proceeding. However, proper decorum is still expected and the administrative law judge will expect all parties to exhibit appropriate behavior and dress.
Administrative law hearings are governed by the rules of administrative procedure and generally allow for the petitioner to present his or her case to the judge who may then ask questions. The agency involved in the matter will also participate in the hearing and will call witnesses within the organization to present evidence in contrast to the petitioner's position. Thereafter, the administrative law judge will issue an opinion which may be appealable to Florida's judiciary, or may require the petition to commence an individual lawsuit in district court.
Contact Feinstein Law for Help
If you are facing an upcoming hearing involving one of the above-listed agencies, or you would like to initiate a complaint or appeal, our office is here to help. For more information about the administrative law process, or to contact an administrative law attorney, please call Feinstein Law in Ft. Lauderdale today at (954) 767-9662.