RICARDO A. CABRERA
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Fla. 3d DCA | 2026-03-18
No. 2025-1084
2026 FL 2773 Florida District Court of Appeal, Third District (2026) Positive Treatment

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Holding

Failure to file a written request for a hearing within 21 days of receiving written notice of an agency decision constitutes a waiver of the right to a hearing, and the facts alleged in the administrative complaint are deemed admitted.


Key Quotes

“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”

Fla. Admin. Code 28-106.111(4)

Facts & Procedural History

Cabrera received written notice of an agency decision from the Department of Business and Professional Regulation and failed to file a written request…

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Opinion of the Court

PER CURIAM.

Affirmed. See Fla. Admin. Code 28-106.111(4) (“Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters.”); Nicks v. Dep't of Bus. & Pro., etc., 957 So. 2d 65, 66 n.1 (Fla. 5th DCA 2007) (“When a party waives the right to challenge the factual allegations of an administrative complaint, either by requesting an informal hearing pursuant to section 120.57(2), Florida Statutes, or by failing to respond to the complaint at all, the facts of the complaint are deemed to be admitted. "); § 489.129(1)(d), Fla. Stat. (2025); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979).


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