How to Handle a DBPR Complaint: A Business Owner’s Guide

The Florida Department of Business and Professional Regulation (DBPR) is the state’s primary regulatory agency for professional licenses. It oversees more than thirty industries and professions that form the foundation of Florida’s economy. From contractors who build homes and commercial structures, to real estate agents who facilitate property transactions, to the alcoholic beverages and tobacco industries that generate substantial revenue, DBPR’s role is both broad and significant.

Because DBPR is tasked with protecting consumers and ensuring that businesses comply with professional standards, enforcement is largely complaint-driven. Understanding how this process works and how to respond if you receive notice of a complaint can make the difference between resolving the matter quickly and facing costly administrative penalties.

How DBPR Handles Complaints

DBPR has taken steps to make filing a complaint simple and accessible for consumers. Complaints can be submitted anonymously and through multiple channels. A consumer may file a complaint by phone, email, or traditional mail. DBPR even offers an online portal and a mobile app to encourage reporting.

Once a complaint is received, the Division of Regulation is responsible for intake and review. Each complaint is evaluated for legal sufficiency. This means analysts review whether the allegations, if true, would constitute a violation of a licensing statute. If a complaint is legally insufficient, it is dismissed. If legally sufficient, it is assigned to an investigator.

The investigator’s role is to gather evidence, interview witnesses, and determine whether probable cause exists that a violation occurred. During this stage, DBPR is required by Section 455.225, Florida Statutes, to send a target letter to the licensee. The target letter includes a copy of the complaint or the documents that initiated the investigation.

Why the Target Letter Matters

Receiving a target letter is a pivotal moment. It signals that DBPR is actively investigating your business or professional conduct, but it also provides an opportunity. Many business owners make the mistake of ignoring the letter or responding hastily without proper preparation. This can be costly.

Your response to the target letter can shape the outcome of the investigation. Investigators and attorneys reviewing the case consider your response carefully before deciding whether to move forward with a formal administrative complaint. A strong, well-documented response can persuade DBPR to close the case before formal charges are filed.

If you receive a target letter, take it seriously. Consult with counsel, gather supporting documentation, and explain your side clearly. In some cases, your response may resolve the matter entirely, saving time, money, and the reputational harm associated with formal disciplinary proceedings.

What Happens if an Administrative Complaint Is Filed

If DBPR proceeds, it will file a formal Administrative Complaint. This document sets out the alleged violations and the facts supporting them. It is delivered to the licensee via certified mail at the address on record with DBPR. This is why it is critical to keep your contact information updated with the agency. Failing to receive the complaint is not a defense, and missed deadlines can result in harsher penalties, including default judgments.

Once an Administrative Complaint is received, the licensee must complete and return an Election of Rights form. This form allows you to choose how you want to contest or resolve the matter. The options include:

• Requesting a formal hearing before an Administrative Law Judge at the Division of Administrative Hearings, which functions much like a trial with witnesses and evidence.
  
• Choosing an informal hearing before the professional board or a hearing officer, which is less formal but still allows for presentation of your side.
  
• Negotiating a settlement, which can resolve the matter without a hearing.
  

The choice you make has significant implications for the cost, timing, and strategy of your defense.

Risks and Opportunities in the DBPR Process

DBPR’s primary mission is compliance, not punishment. That said, the process is adversarial, and mishandling it can result in steep fines, probation, suspension, or even revocation of your license.

The complaint process also presents opportunities. For example, a business can use the complaint as a chance to review internal operations, address shortcomings, and implement corrective measures. By showing DBPR that you are responsive and proactive, you can often mitigate penalties and demonstrate your commitment to compliance.

However, there are risks to navigating this process alone. Saying too much in a response can inadvertently strengthen DBPR’s case against you. Saying too little may leave the impression that you have no defense. Knowing how and when to engage with investigators requires experience.

Why Legal Representation is Essential

Hiring a lawyer who understands DBPR’s procedures is often the smartest investment a business can make when confronted with a complaint. Experienced counsel can evaluate the allegations, craft a tailored response, and identify weaknesses in the agency’s case. Attorneys can also negotiate settlements that minimize disruption to your business and help you prepare for hearings if necessary.

Just as importantly, working with legal counsel ensures that your response is not only defensive but also strategic. A lawyer can help identify areas where your business practices might be improved, turning the complaint into an opportunity for long-term risk reduction.

Conclusion

Handling a DBPR complaint requires knowledge, preparation, and strategy. From the moment a complaint is filed, every step matters. A thoughtful response to a target letter may resolve the issue before it escalates. If a formal complaint is filed, careful planning and professional representation can significantly influence the outcome.

For Florida businesses, compliance is more than a legal requirement—it is a way to safeguard your reputation, your livelihood, and your ability to grow. If your business is facing a DBPR complaint, do not go it alone. The attorneys at Jimerson Birr are experienced in guiding clients through the DBPR process, crafting strong defenses, and using complaints as opportunities to strengthen business practices. Contact Jimerson Birr today to protect your license and your business.