What an emergency suspension order is
Normally a Florida agency has to charge a licensee, offer a hearing, and enter a final order before taking a license. Section 120.60(6), Florida Statutes, is the exception. An agency may suspend, restrict or limit a license on an emergency basis if it finds that immediate serious danger to the public health, safety, or welfare requires it.
The order takes effect without the hearing that would ordinarily come first. Read it the day you receive it and follow its terms, because practicing in violation of an active order creates a new and more serious problem.
The limits the statute puts on the agency
Emergency power is not unlimited. Under section 120.60(6), the agency must use a procedure that is fair under the circumstances, and it may take only the action necessary to protect the public interest. It must also state in writing the specific facts and reasons for finding an immediate danger, and why its procedure is fair.
Those written findings are judicially reviewable. The statute also says a suspension or revocation proceeding under sections 120.569 and 120.57 must be promptly instituted and acted upon. An emergency order is therefore supposed to be the start of a case, not the end of one.
When the Department of Health must act
For health care practitioners, an emergency order is sometimes mandatory. Section 456.074(1) says the Department of Health shall issue an emergency order suspending the license of a practitioner who pleads guilty to, is convicted or found guilty of, or enters a plea of nolo contendere to, regardless of adjudication, certain listed offenses. The list includes felonies under chapters 409, 817 and 893, certain federal offenses relating to Medicaid, and felonies under chapter 782.
Other parts of section 456.074 address further situations, including arrests for listed offenses. So a plea that looks like a good result in the criminal case can trigger an immediate license suspension. A health care professional facing charges should have both consequences reviewed before entering any plea.
What to do first
Get a copy of the order and note its date. Stop or limit practice exactly as the order requires, and make arrangements for patients or clients who depend on you.
Do not call the investigator or the agency to explain. Statements made now can become evidence in the administrative case and in any related criminal case. Collect the documents the order refers to and talk to a license defense lawyer.
Your lawyer will look at two tracks: whether the emergency findings can be challenged in court, and how to defend the administrative complaint that should follow. Timing matters on both.
How this differs from the ordinary complaint process
In an ordinary case you usually learn of the investigation first and can respond before any action is taken against the license. When a complaint is filed, the Election of Rights sets your choice of hearing. In an emergency case, the suspension comes first and that process follows. Later steps can still matter a great deal, including the outcome of the underlying charges and the terms of any final order.
Frequently asked questions
Can a Florida license be suspended without a hearing?
Yes, on an emergency basis. Section 120.60(6) lets an agency act if it finds that immediate serious danger to the public health, safety, or welfare requires it, using a procedure that is fair under the circumstances. A formal proceeding must then be promptly instituted and acted upon.
Can I challenge an emergency suspension order?
The statute makes the agency's written emergency findings judicially reviewable. Whether a challenge makes sense depends on the findings, the deadlines and the facts, so talk to a lawyer promptly.
Does a no contest plea avoid an emergency suspension?
Not necessarily. For health care practitioners, section 456.074(1) applies to a plea of nolo contendere, regardless of adjudication, for the listed offenses.
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.