Licensing

We advise Florida businesses on the full range of licensing and permit matters, from identifying which licenses are required for a specific business model and location, to managing applications, renewals, and modifications, to defending license suspension and revocation proceedings when a regulatory agency initiates action against the business.

A license is not just a piece of paper. For most licensed businesses, the license is the business. Losing it, or operating without the right one, creates consequences that range from significant fines to criminal liability to permanent disqualification from the industry. Getting the licensing right from the beginning and protecting it when it is threatened are both critical legal functions.

• License Identification and Planning: determining which state, local, and federal licenses and permits apply to the specific business model, location, and activities before the business begins operating.
• License Applications and Renewals: managing the application process for new licenses and the renewal process for existing ones, including preparation of required documentation and coordination with licensing agencies.
• License Defense: representing businesses and licensed professionals in suspension, revocation, and disciplinary proceedings initiated by Florida licensing boards and agencies.
• License Reinstatement: pursuing reinstatement of licenses that have been suspended or revoked, including application preparation and representation in reinstatement proceedings.
• License Modifications and Transfers: advising on the licensing implications of business changes including ownership transfers, location changes, and expansion of business activities.
• Licensing in Business Transactions: identifying and addressing licensing issues in the context of business acquisitions, sales, and restructurings where license transferability or reapplication is required.

Florida licenses hundreds of professions and business types through the Department of Business and Professional Regulation, the Agency for Health Care Administration, the Office of Financial Regulation, and dozens of other state agencies. Each agency has its own application requirements, renewal deadlines, continuing education obligations, and disciplinary procedures, and failure to comply with any of them can result in license suspension or revocation.

We advise Florida businesses and professionals on the state licensing requirements that apply to their specific business and activities, identifying every license required before operations begin so the business does not discover a missing license when a regulator does.

• DBPR licensed professions and businesses: covering contractors, real estate professionals, healthcare providers, cosmetologists, and hundreds of other regulated professions and business types.
• AHCA healthcare facility and provider licensing: covering assisted living facilities, home health agencies, clinics, and other healthcare businesses operating in Florida.
• OFR financial services licensing: covering mortgage brokers, money services businesses, consumer finance companies, and other financial services providers regulated by the Office of Financial Regulation.
• Specialty and industry-specific licenses: including licenses required by the Florida Department of Agriculture, the Florida Department of Health, and other state agencies with licensing authority over specific industries.

State licensing is only part of the picture for most Florida businesses. Local governments require business tax receipts, occupational licenses, zoning approvals, building permits, and certificates of occupancy before a business can legally operate at a specific location. The requirements vary significantly by municipality, and a business that is fully licensed at the state level may still be operating illegally if it has not obtained the required local approvals.

We advise businesses on the local licensing and permit requirements that apply to their specific location and business type, identifying and addressing local requirements alongside state licensing obligations so the business is fully authorized to operate before it opens.

• Business tax receipt and occupational license requirements: identifying the local business tax and occupational licensing requirements that apply in the municipality where the business operates.
• Zoning and land use approvals: confirming the business's intended use is permitted at the proposed location under applicable zoning and advising on the approval process when it is not.
• Certificate of occupancy and building permit compliance: ensuring the business's physical location meets the requirements for the intended use before operations begin.
• Local special use permits and variances: pursuing special use permits, conditional use approvals, and variances when the business's intended use requires local government discretionary approval.

When a licensing agency files a complaint or initiates a disciplinary proceeding, the business or professional facing the action needs legal counsel immediately. License defense proceedings move on agency timelines, the agency has experienced attorneys handling the case from day one, and the decisions made in the early stages of the proceeding determine the range of outcomes available at the end.

We represent Florida businesses and licensed professionals in license defense proceedings, from the first notice of complaint through the final hearing, pursuing the outcome that best protects the business's ability to continue operating.

• Complaint response and investigation management: responding to agency complaints and managing the early stages of the disciplinary process to preserve the best available outcome.
• Informal and formal hearing representation: representing the business or professional in both informal agency proceedings and formal hearings before the Division of Administrative Hearings.
• Consent order and settlement negotiation: negotiating the least restrictive resolution available when settlement is in the business's best interest, including probation, fines, and corrective action plans.
• Emergency license suspension response: responding on an emergency basis when an agency suspends a license without prior notice pending investigation or hearing.

Business acquisitions, ownership changes, and restructurings often trigger licensing issues that are not apparent until the transaction is underway. Many Florida licenses are not transferable and require the buyer to apply for a new license before operating. Others require prior agency approval of the ownership change. Discovering these requirements after a transaction has closed can delay operations, void the transaction, or create liability for both buyer and seller.

We advise on licensing issues in the context of business transactions, identifying license transferability and reapplication requirements early in the deal process so licensing does not become a closing condition that derails the transaction at the last moment.

• License transferability analysis: determining whether existing licenses transfer with a business sale or require reapplication by the buyer before operations can continue.
• Change of ownership notifications and approvals: managing the required agency notifications and approval processes when a business changes hands.
• Prelicensing due diligence: identifying licensing issues affecting the target business before closing so they can be addressed as transaction conditions rather than postclosing surprises.
• Licensing timeline planning: advising on the realistic timeline for obtaining required licenses so the transaction structure and closing date account for licensing lead times.

Licensing counsel that understands Florida's regulatory environment is different from general business counsel that handles licensing on the side. The businesses that navigate Florida's licensing requirements successfully are the ones with counsel who knows which agencies have authority, how their processes work, and how to pursue the most efficient resolution when a licensing problem arises.

Pomeranz Law provides practical, business-focused licensing counsel that helps Florida businesses identify their obligations, obtain and maintain the licenses they need, and defend those licenses when regulators threaten them.

• We identify every license required for your specific business model, location, and activities before you begin operating, not after a regulator finds a gap.
• We manage the application and renewal process so licensing deadlines do not become operational crises.
• We defend license proceedings immediately: because the early stages of a disciplinary case determine the range of outcomes available at the end.
• Transparent, practical counsel without the overhead of a large firm.