What if a Florida Business Receives a Notice of Intent to Deny?

Sutton Law Group • May 17, 2021

In Florida, businesses and professionals who are licensed by state agencies need to hit specific requirements in order to operate. At Sutton Law Group, our work in Florida commercial business litigation lets us see many of these requirements up close. As a part of Florida law, you have to acquire and maintain a license. If your application does not include all the required information, you may receive a Notice of Intent to Deny.

Writing on a paper — S. Miami, FL — Sutton Law Group

If you do not include all of the information that the relevant agency needs, they will send you notice of an incomplete application within 30 days. You should address that letter as soon as possible. Consulting with an attorney is the best way to make sure that you send what the agency needs. Not responding to that notice within the next 30 days means you will likely receive a Notice of Intent to Deny (NOID). If you receive a NOID, you have 21 days to respond from the time you receive it. 


Formal vs. Informal Hearing


Assuming you respond to the NOID within the required time frame, you can request either a formal or informal hearing with the Florida Department of Business and Professional Regulation (or other applicable agency). Not responding to your NOID within 21 days means your professional license will likely be canceled. Determining which route you should take depends on your particular situation. An experienced attorney will be able to point you in the right direction. 


Formal Hearing — This functions much like a trial in civil or criminal proceedings. You and your attorney will be able to gather evidence and, if necessary, letters of reference. You and your attorney can introduce evidence and call witnesses before the hearing officer, who will ultimately make a recommendation to the professional agency. 


Informal Hearing — If you choose an informal hearing, you effectively admit to the reasons your application or renewal was denied. So, what’s the point of an informal hearing? You can argue that you deserve a lesser punishment or approval of your application if you fulfill certain obligations. 


Don’t Respond to a NOID Without a Lawyer


If you have received a NOID (or even a notice informing you that your application or renewal was incomplete), you are in a precarious position with the professional agency that oversees your licensing. Even the slightest procedural misstep could mean permanent loss of your license and livelihood.


At Sutton Law Group, our work in commercial business litigation helps Florida businesses minimize the costs and risks they face. If you or your business is dealing with an issue, contact Sutton Law Group today. We believe in protecting your rights, and we are dedicated to your success.

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