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How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney 

Which laws and regulations apply to Florida veterinary medicine licenses?  

In Florida, veterinary medicine licenses are regulated by the Florida Board of Veterinary Medicine, which is under the purview of the Florida Department of Business and Professional Regulation (DBPR). The primary statute governing veterinary licensing is Chapter 474, Florida Statutes – Veterinary Medical Practice Act. This statute establishes the scope of practice, licensing requirements, disciplinary actions, and continuing education requirements for veterinarians. 

In addition to the state statute, the Florida Administrative Code Chapter 61G18 outlines specific rules and regulations for veterinary medicine. The code provides further guidance on licensing procedures, professional conduct, facility requirements, and standards of care. 

Veterinary professionals need to be aware of federal laws that impact their practice, such as the Animal Welfare Act, which regulates the treatment of animals.  

What are the application and retention requirements for veterinary medicine licenses in Florida? 

Application Requirements:

Applicants must fulfill several requirements to obtain a veterinary medicine license in Florida. Firstly, they must have graduated from an accredited college of veterinary medicine or possess a certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG). Next, they must successfully complete the North American Veterinary Licensing Examination (NAVLE) or an equivalent examination approved by the Florida Board of Veterinary Medicine. Additionally, applicants must pass the Florida-specific veterinary jurisprudence examination, which tests their knowledge of Florida laws and regulations governing veterinary practice.  

Retention Requirements:

Florida veterinarians must adhere to specific retention requirements to maintain an active veterinary medicine license. In addition, they must complete 30 hours of continuing education every two years, including two hours on the laws and rules governing veterinary medicine and one hour on dispensing controlled substances. Veterinarians must also renew their licenses biennially and pay the required renewal fee. 

Crucially, licensees must maintain compliance with Florida statutes and administrative rules, including maintaining professional conduct, adhering to facility requirements, and upholding standards of care. Failure to comply with these regulations can result in disciplinary action by the Florida Board of Veterinary Medicine, ranging from fines to license suspension or revocation. 

To determine whether you meet the requirements for a veterinary medicine license, please contact our office to set up your initial consultation. 

Can the DBPR’s license decision be appealed?  

Yes, an adverse license decision made by the DBPR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.  

If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DBPR then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the DBPR’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of veterinary medicine licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation. 

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