Can You Keep Working While Your License Discipline Case Is Pending?

Guidance on Provisional Practice, Administrative Holds, and Risk in Florida

The most important question a professional should ask when a disciplinary investigation begins is simple: can I keep working? For attorneys and other licensed professionals in Florida, the answer is nuanced. Your ability to continue practicing depends on several factors that are not always easy to discern at the outset.

Whether you can keep working ultimately depends on the nature of the allegations, the stage of the disciplinary process, and whether any emergency measures have been imposed. Below is an overview of how provisional practice, administrative holds, and risk management typically work under Florida law.

Understanding Florida’s Disciplinary Framework

In Florida, attorney discipline is governed by the Rules Regulating The Florida Bar and enforced by the Florida Supreme Court. The process begins when a complaint is filed with the Bar’s Attorney Consumer Assistance Program. If the matter cannot be resolved informally, it is referred to a grievance committee to determine whether probable cause exists.

Once probable cause is found, the case moves to the Florida Bar’s Lawyer Regulation Department, which acts as the prosecuting authority. Bar prosecutors prepare and file a formal complaint with the Florida Supreme Court, initiating a quasi judicial process. The case is then assigned to a referee, typically a circuit judge, who conducts hearings similar to a bench trial where evidence is presented, witnesses testify, and both sides submit proposed findings.

The referee issues a report and recommendation on guilt and sanctions, which is reviewed by the Florida Supreme Court. The Court has final authority to impose discipline, ranging from admonishment to disbarment. Emergency suspensions under Rule 3-5.2 may occur before final disposition if the Bar demonstrates that the attorney poses a risk of great public harm.

Other licensed professions in Florida are regulated under different statutory frameworks.

Healthcare professionals are regulated by the Florida Department of Health under Chapter 456, Florida Statutes, along with profession specific chapters such as Chapter 458 for medical doctors and Chapter 464 for nurses.

Professions such as construction, real estate, and accounting are overseen by the Department of Business and Professional Regulation under Chapter 455, Florida Statutes, along with specific chapters such as Chapter 473 for Certified Public Accountants, Chapter 489 for general contractors, and Chapter 475 for real estate brokers.

DOH Licenses	DBPR Licenses
Medical Doctor (MD) Registered Nurse (RN) Pharmacist Mental Health Counselor	Certified Public Accountant (CPA) Real Estate Broker General Contractor Harbor Pilots

Both DOH and DBPR disciplinary proceedings are governed by the Florida Administrative Procedure Act, Chapter 120, Florida Statutes. Contested cases typically proceed before the Division of Administrative Hearings, where an administrative law judge conducts hearings and issues a recommended order. Emergency suspensions or administrative holds must comply with strict statutory requirements and constitutional due process protections. Emergency suspension orders can be directly appealed to the Florida First District Court of Appeal in Tallahassee.

Can You Continue Practicing During an Investigation?

A pending investigation does not automatically suspend most professional licenses due to due process protections. Attorneys may continue practicing unless the Florida Supreme Court issues an emergency suspension or interim probation under Rule 3-5.2. These measures are reserved for cases involving great public harm or felony charges and require a high burden of proof.

Similarly, healthcare providers and other licensed professionals generally remain authorized to work until a final order or emergency restriction is entered. However, criminal charges or evidence of imminent danger to the public can trigger an emergency order of suspension. Once again, the burden the state must meet to impose these restrictions is very high.

These safeguards are designed to protect the public while preserving the licensee’s due process rights. Emergency actions typically require prompt hearings to determine whether restrictions should remain in place. Any continued restrictions must be closely tied to the conduct allegedly causing harm.

Risk Considerations and Best Practices

Continuing to work during a disciplinary investigation carries significant risk.

Professional risk includes the possibility that additional complaints or ethics violations may compound existing exposure. Receiving new complaints while already under investigation significantly increases the likelihood of license suspension or revocation.

Client risk is also substantial. Failing to disclose restrictions or practicing outside the scope of a valid license may lead to malpractice claims or ethics violations. In some professions, performing work without a valid license can render contracts unenforceable under Florida law. For example, construction contracts governed by section 489.128, Florida Statutes, are void and unenforceable if entered into by an unlicensed contractor.

Financial risk must also be considered. An emergency suspension can result in immediate loss of income with little warning, making advance planning critical.

Best practices during an investigation include consulting experienced counsel early in the process, avoiding statements or disclosures without legal advice, and carefully reviewing applicable professionalism rules and compliance obligations. Attorneys may also seek confidential guidance from the Florida Bar Ethics Hotline to better understand ongoing ethical responsibilities.

Conclusion

In Florida, most professionals can continue working while a disciplinary case is pending, but they must proceed with caution. Emergency suspensions are rare, but extreme circumstances can lead to immediate license restrictions. Additional violations or complaints during an investigation can significantly increase the risk of suspension or revocation.

Understanding your obligations, mitigating risk, and acting proactively are critical to protecting your livelihood. If you are facing a disciplinary investigation, contact us to speak with an experienced Florida administrative law attorney. Early intervention can make the difference between a manageable process and a career threatening outcome.