A contractor-focused guide to the post-probable-cause phase: administrative complaints, elections of rights, hearings, DOAH basics, and how final orders and penalties are issued.

Administrative complaint: what it is and what it is not

An administrative complaint is a formal charging document in the DBPR disciplinary system. It typically alleges violations and identifies the statutes/rules involved.
It is not a civil lawsuit for money damages; it is a regulatory action that can result in discipline against your license.

The “election of rights” decision (why deadlines matter)

After receiving an administrative complaint, contractors are often required to choose (within a stated deadline) whether to request a formal hearing or proceed with an informal hearing process, depending on whether material facts are disputed.
This election can shape the forum, procedure, and strategy. 

Formal hearing overview (when facts are disputed)

A formal hearing is typically used when you dispute material facts. It is generally conducted before an Administrative Law Judge through the Division of Administrative Hearings (DOAH).
The process can include pleadings, discovery, motions, witness testimony, and an evidentiary hearing.

Informal hearing overview (when facts are not disputed)

If you do not dispute material facts, an informal hearing may focus on discipline and mitigation before the board.
Mitigation can include documentation of corrective steps, compliance improvements, and credible explanations—presented professionally. 

Settlement and resolution options

Many cases resolve through negotiated outcomes. Settlement terms can involve fines, costs, continuing education, probation, or other conditions, depending on the allegation and posture.
Any settlement should be evaluated for business impact (renewals, future bids, and reputation).

Final orders and discipline (how decisions become official)

After hearings and/or board action, the agency may issue a final order. This can include findings and discipline.
Outcomes vary widely. Contractors should avoid assuming that “everyone gets a fine”—severity depends on allegation type, evidence, and history.

Contractor mindset: protect your license while keeping the business running

During a pending administrative case, maintaining impeccable documentation on current jobs can prevent additional complaints.
Avoid marketing claims that could create new allegations (e.g., misrepresenting licensure).

Frequently Asked Questions

Q: Do I have to respond to an administrative complaint?
A: Yes—deadlines matter and failing to act can harm your position. Seek legal guidance promptly.

Q: What is DOAH?
A: DOAH is the Division of Administrative Hearings, where many Florida administrative cases are heard by Administrative Law Judges. 

Q: What is the difference between formal and informal hearings?
A: Formal hearings are typically for disputed facts and involve evidentiary procedures; informal hearings generally occur when facts are not disputed and focus on discipline/mitigation.

Q: Can I still settle after an administrative complaint is filed?
A: Often yes, depending on the case and posture.

Q: Will I be suspended immediately after an administrative complaint?
A: Not automatically. Emergency actions can exist in some contexts, but many cases proceed through standard process. 

Q: What penalties are possible?
A: Penalties can include fines, probation, suspension, or revocation, among other conditions.

Q: Does a final order affect renewals?
A: It can; contractors should consider long-term licensure implications.

Q: Can I keep working during this stage?
A: Often yes, but it depends. See the page on working while a complaint is pending.

Suggested Internal Links

Link to: What Is the Difference Between a Formal and Informal Hearing Before the DBPR?
Link to: Can I Continue Working While a DBPR Complaint Is Pending?
Link to: How Do I Protect My Florida Contractor License From Complaints?

Administrative Complaint Defense Planning

Contractors who have been served with an Administrative Complaint may request a confidential consultation to evaluate election options, disputed material facts, evidentiary posture, and potential disciplinary exposure under Chapter 120, Florida Statutes.