Where the form comes from
After a Florida licensing agency investigates a complaint and a probable cause panel decides there is enough evidence to proceed, the agency files an administrative complaint. It arrives with a one- or two-page form titled Election of Rights. The form asks how you want the case to proceed and sets a deadline for your answer, generally 21 days from the day you receive it under the uniform rules of procedure for Chapter 120 cases.
The three choices
- Dispute the facts and request a formal hearing. The case is referred to the Division of Administrative Hearings, where an administrative law judge hears evidence and issues a recommended order. This is the option when the agency has the facts wrong or cannot prove them.
- Do not dispute the facts and request an informal hearing. You admit the factual allegations and appear before the board or agency to argue only about the penalty. Choose this only when the facts really are not in dispute; it is very hard to undo.
- Settle. Most agencies will negotiate a settlement stipulation, and most cases end this way. You can usually elect a formal hearing to preserve your rights and negotiate at the same time.
What happens if you miss the deadline
A late or missing Election of Rights is treated as a waiver of your right to a hearing. The agency can then enter a final order on the allegations in the complaint as if they were proven, and the discipline it imposes is often harsher than a negotiated outcome. If you receive an administrative complaint, the deadline on the Election of Rights is the most important date in the case.
Common mistakes
- Choosing the informal hearing because it sounds quicker, then discovering at the hearing that admitting the facts foreclosed the defense
- Writing a long explanation on the form itself; the form is for electing a process, not for arguing the case
- Mailing the form on the deadline day; it must be received, not sent, by the deadline in most agencies' rules
- Assuming a phone call with the agency's lawyer extended the deadline
What to do when the complaint arrives
Note the date you received it and the deadline on the form. Gather the complaint, the investigative report if you have it, and the letter that came with it. Then talk to a lawyer who handles Chapter 120 cases before you check a box. The choice you make on that form shapes everything that follows.
Frequently asked questions
Can I change my election later?
Sometimes, with the agency's agreement or the judge's permission, but you should not count on it. Treat the election as final when you make it.
Does requesting a formal hearing make the agency angry?
No. It is a routine procedural choice, and the agency's lawyers expect it. Requesting a hearing is also what keeps settlement negotiations honest.
Who decides the case at a formal hearing?
An administrative law judge at the Division of Administrative Hearings in Tallahassee hears the evidence and issues a recommended order. The board or agency then enters a final order, which it can appeal or you can appeal to the District Court of Appeal.
This guide is general information about Florida law as of its date, not legal advice for your situation. Deadlines and procedures vary by case and change over time; talk to an attorney about yours.