Experienced Administrative Law Attorneys
Administrative Law Attorneys Jacksonville FL
The State of Florida is not just a sunny place to lay on the beach. As Floridians, we are diverse in residents, business endeavors, commerce, and meeting the needs of our community.
Florida is comprised of 67 counties, thousands of cities, and a state government that has 37 departments that regulate life here in the Sunshine State.
From the Department of Children and Families to the Department of Agriculture, every agency has state laws, rules, and policies that they are bound to follow to ensure that the laws of Florida are being implemented and the rights of citizens are being protected.
Sometimes, however, residents have disputes with a state, county, or local agency, and it is necessary to take action.
When these situations arise, however, most people find themselves asking “where do I even start?”
Where Do You Start?
This may seem like David fighting Goliath. Citizens challenge whether an agency working on behalf of the government has come to the right result in their case.
So, the ones that are successful in challenging a state agency are those that have retained an attorney who specializes in the area of Administrative Law.
Whether you are contesting professional or occupational discipline through the Department of Business and Professional Regulation, a decision from the Department of Children and Families, a ruling from the Department of Education or any other agency, it is important to have an experienced advocate at your side that not only understands what the law is, but also how the procedure is different from going to the courthouse.
Jennifer Erlinger is an experienced attorney in the area of Administrative Law.
She has conducted over 100 Administrative hearings during her time working for the State of Florida, representing agencies, all over the state and in Tallahassee.
After years of helping to maintain the status quo, and trying to change “the system” from within, she now helps residents to fight for their rights against state and local agencies.
How Does It Work?
The work of agencies touch every citizen of Florida everyday.
Business enterprises, agriculture, schools, libraries, and toll plazas are all managed by laws, rules, and policies that are in place to make sure that citizens are safe, but also for the uniform application of regulations.
For example, let’s say that you have a dream to open a restaurant, you find the location, rent the space, buy the supplies, print up the menus, and open the door, right?
Not in Florida.
As a result, you have to apply for a permit with the Department of Business and Professional Regulation, which there are several options to choose from based on your business, what you intend to sell, and how you intend to serve it.
You also need an inspection from the Department of Health. These are just two of the agencies that would be regulating your dream.
What To Do When You Meet Resistance?
Next, what happens when they deny your permit; or you don’t pass your inspection? At that point, you can request an Administrative Hearing or file an Administrative complaint.
Then, the agency will appoint a judge to hear your case.
But instead of going to the courthouse in your area, you will usually go to the local agency location to have your hearing. Then, at the hearing, you will produce your evidence, witnesses, and argument, and the agency will have a lawyer that specializes in administrative hearings to argue for them.
The judge then writes a proposed order that has to be accepted by the agency.
This is a technical and complex area of the law, and many attorneys have little to no experience in Administrative Law. In the example above, you may significantly delay your dream or it may be gone all together, because of the agency’s decision.
Agencies in Florida deal with important aspects of our lives and you should check their authority to ensure they are using it properly.
What Is Rulemaking?
Another aspect of Administrative Law has to do with rulemaking. As stated above, every agency has laws that they enforce.
In addition, every agency has rules as to how they are to enforce those laws. The agency makes it own rules through a process called promulgation.
In order for an agency to create a rule, it has to be published in its draft form, considered by a committee, arguments against adopting the rule are heard, and decision is made as to whether the draft rule should become a rule.
If any agency is drafting or changing a rule that will affect you, you should explore with an Administrative Lawyer how to challenge the adoption of that rule.
Another reason that you may want to contact an Administrative Lawyer regarding agency action is if you are subject to disciplinary action regarding your professional or occupational license. In these cases, where a complaint has been filed as to how you conduct business, as any licensed professional in the State of Florida, your livelihood is at risk.
In these cases, it is very important to speak an attorney who understands not only what the rules are, but also how the process works to best defend your right to work in Florida.
Wood, Atter & Wolf Administrative Law Attorneys Can Help
Navigating the process of how to protect your rights as a resident of the State of Florida can be complex.
So, having an attorney to guide you to how to best proceed and represent your interests before a committee, board, or commission is key to your success in protecting your way of life and being successful in an administrative action in Florida.
Above all, if you want representation from an experienced attorney who cares about you as a client and the concepts of justice and fairness, contact Wood, Atter and Wolf for a free consultation.
Personal Injury Attorneys
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extensive backgrounds in winning cases.
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We bring each client deep personal injury industry experience. Likewise, we bring insight on the things you and your family are facing. Above all, we offer our clients honest feedback to improve your capacity for a good outcome for your case.
I was completely unequipped to handle the hardships resulting from my accident. From the ambulance ride to the trip home after the ER visit, it quickly became completely overwhelming. I didn’t know what tests I needed, who I should trust for care, or how to even begin sorting out the bills. I couldn’t walk and – the scariest part – had to move back in with my parents. Dejected and completely lost, David Wolf was recommended to me by a family member who knows him personally, and that recommendation turned a nightmare into a neatly organized process of reliable care and manageable bills.
The entire team of staff members I worked with was fantastic. I spoke with David many times and he always found time to be there for me if I felt unsure about something. The staff is obviously well organized. If I was confused about an upcoming appointment or a next step, there was always a knowledgeable adviser (like the on-staff nurse, who I relied on heavily) available to help me make a good choice.
I was guided to excellent doctors, surgeons, and physical therapists, where I had every permanent injury repaired quickly. I got top-notch pain management services, and at the end of it all, I came away with the maximum compensation my insurance company could have offered, which will give me the lift I need to return to my life more-or-less where I left off, a day I had initially worried would never come.
The only thing that could have possibly gone better would be not getting injured in the first place. But since I did, now that my care is finished and my case is closed, I’m glad I chose Wood, Atter, and Wolf to represent me. I’d recommend him without hesitation.