Overview
Gunster’s Regulated Industries and Professions Group lawyers are at the forefront in navigating clients at the intersection of law, policy and government regulation. We guide our clients through the complex maze of federal, state and local laws and regulations, helping them maintain regulatory compliance, achieve beneficial regulatory outcomes and overcome hurdles, as well as defend against enforcement actions and litigation.
We have a rich depth of experience providing regulatory guidance, representation in corporate and regulatory compliance matters, policy development and strategic legislative advocacy at the state level, and licensing advice and representation at the federal level. We help clients in a wide array of business and industry sectors ranging from energy to telecommunications and health care to banking and finance advising all of them on the complex regulatory risks and operational strategies needed to do business in Florida. Our experience spans labor and employment compliance, insurance regulatory matters, immigration, privacy and cybersecurity concerns, white-collar defense, environmental compliance and regulatory considerations in mergers, acquisitions and other business transactions.
Our team works closely with key stakeholders, often in collaboration with the lobbying team at Arrow Group, to guide clients through the evolving regulatory landscape. On our client’s behalf, we identify business growth opportunities, assisting clients in overcoming regulatory challenges to protect their bottom lines. By continuously monitoring the actions of executive agencies, we provide timely reports and strategic advice on proposed policies and rules. We proactively anticipate policy shifts, collaborating year-round with clients to manage regulatory risks, optimize outcomes, and craft legislative strategies when needed. Our long-standing relationships significantly enhance our effectiveness and drive success.
Industries and Services
Banking & Financial Services
We help clients assess regulatory risks, address compliance issues, secure necessary licenses to do business in Florida. Our lawyers represent clients in all matters before Florida’s Office of Financial Regulation, the Office of Insurance Regulation, and the Department of Financial Services. We also advise on SEC reporting, bank regulatory matters, including the Bank Secrecy Act, Anti-Money Laundering, FINRA and OFAC compliance, and cybersecurity and privacy-related incident disclosure and reporting obligations.
Construction & Infrastructure
We advise and represent clients regarding eminent domain, condemnation proceedings, easements, other rights of way, and insurance-related requirements.
Energy & Utilities
We are experienced in resolving regulatory and administrative matters before all Florida and federal agencies with oversight of energy, telecommunications, transportation, and environmental regulation, as well as governmental agencies with oversight of electric, natural gas and natural gas pipeline companies, as well as water/wastewater utilities. Well-versed in the latest state and federal statutes and regulations, we advise on regulatory compliance matters and represent clients in regulatory investigations and administrative hearings.
Government Procurement
We represent businesses challenging or defending procurement procedures and contract awards in bid protests. Our clients include protesters and awardees involved in protests relating to issues of responsiveness and responsibility, integrity and fraud. We represent clients in challenging debarments, contract suspensions, and other formal or practical impediments to doing business with government or impacting their goodwill.
Health Care
We represent health care clients before the Florida Department of Health, Florida’s Agency for Health Care Administration (AHCA), the Florida Department of Business and Professional Regulation, the Office of Insurance Regulation, the U.S. Department of Health and Human Services (HHS), the Centers for Medicare and Medicaid Services, the Health Resources and Services Administration, the Food and Drug Administration, and the U.S. Department of Justice (DOJ). We assist regarding:
- Licensure and certification
- Medicare and Medicaid compliance
- Policy and corporate compliance programs
- Florida Patient Brokering Act, fee-splitting, and Patient Self-Referral Act compliance
- Federal and Florida regulatory inquiries, investigations and enforcement actions
- Stark Law, Anti-Kickback Law, Anti-Markup and False Claims Act compliance and defense
- Health care government affairs, advocacy, legislation, lobbying and reform
- Health Insurance Portability and Accountability Act (HIPAA), HITECH and other privacy issues
- Provider reimbursement review
- Medical staff issues and institutional operations
- Department of Health and AHCA license matters
- Health care sector mergers and acquisitions
- Pharmacy licensure and operations
- FDA-regulated products and petitions for removal of FDA Import Alerts on transported products
- Health Information Technology
- Telehealth
Nonprofits
We regularly work with not-for-profit organizations in a variety of sectors and provide guidance relating to corporate governance, federal and state contracting and grants administration and entity operations. Additionally, we collaborate closely with our Tax practice group to provide advice relating to federal and state not for profit tax issues.
Real Estate
We guide clients through land use and zoning issues, ADA, affordable housing regulatory requirements, and the ever-changing environmental regulations. We handle environmental permitting related to wetlands, water use, endangered species, air and emissions before water management districts, the Florida Department of Environmental Protection, and the Army Corps of Engineers, as well as advise on hazardous substance mitigation and removal.
Transportation & Logistics
We advise and assist clients with regulatory compliance and enforcement with the U.S. Department of Homeland Security, U.S. Customs and Border Protection, Transportation Security Administration, Federal Motor Carrier Safety Regulations, Federal Aviation Administration, Federal Maritime Commission, both the Federal and Florida Departments of Transportation, the Pipeline and Hazardous Materials Safety Administration, and Immigration and Customs Enforcement, as well as detained or refused merchandise and environmental and land use permits.
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Leaders in Their Field
Gunster is proud to have a team of distinguished lawyers who are recognized leaders in their respective fields. These professionals bring a wealth of experience and deep involvement with government and community groups. Their backgrounds include high-level roles in state and federal regulatory bodies, highlighting their ability to influence policy and foster important relationships across Florida and beyond. Some of the key leadership roles held by Gunster lawyers include:
- Secretary of the Agency for Health Care Administration (AHCA)
- Chief Legislative Assistant for the Speaker of the Florida House
- Chief counsel for U.S. Customs
- Miami-Dade County Commissioner
- Board member and chairman of the South Florida Regional Transportation Authority (TriRail)
- Florida state senator, chairman of the Senate Judiciary Committee, and member of the Senate Transportation and Economic Development Appropriations sub-committee
- Panel counsel to the U.S. Department of Transportation and the Federal Highway Administration
- Chairs of the Florida Public Service Commission
- Division Director of the Florida Department of Financial Services
- Insurance Consumer Advocate for the State of Florida
- Deputy Secretary for Water Policy and Ecosystem Restoration of the Florida Department of Environmental Protection
- General Counsel for the Florida Department of Environmental Protection
Our lawyers also have served as:
- Appellate Judge, First District Court of Appeal, State of Florida
- Associate Deputy Attorney General, State of Florida
- Chief Appellate Counsel, State of Florida, Agency for Health Care Administration
- Bureau Chief/Legal-Telecommunications – Florida Public Service Commission
- Bureau Chief/Legal – Water and Wastewater
- General Counsel of the Florida Department of Professional Regulation
- In-house counsel at one of the world’s largest agriculture firms
- Risk manager and general counsel for a multi-location hospital system
- Secretary of the Florida Department of Business and Professional Regulation
- Secretary of the Florida Agency for Health Care Administration
- United States Senator representing the State of Florida
Members of our team are certified in corporate compliance (CHC) and CIPP/US certified. Several have also been recognized by Florida Trend, Chambers and Partners, and Best Lawyers in the energy, environmental, and administrative law arenas, including Best Lawyers Tallahassee “Energy Lawyer of the Year.”
