Seann Frazier knows the way through the morass of state regulation in Florida. Over the course of his 25-year career he has guided clients through all manner of regulatory and litigation matters involving Florida state government. His creativity and encyclopedic knowledge of Florida administrative law positions his clients exceedingly well in their dealings with the state.
A past Chair of the Florida Bar’s Administrative Law Section, Seann has focused his practice and professional activities on Florida’s Administrative Procedure Act. He helps clients find their way through their interactions with state government in Florida, including Certificates of Need and other healthcare matters, medical marijuana regulation, and state contracting opportunities. Seann is also a frequent author and lecturer on Florida administrative law and his articles have been cited as authority by appellate and administrative courts.
Seann’s work is centered around helping his clients navigate through their dealings with the Florida state government, often helping clients to obtain or defend state permits, licenses, and contracts. His deep knowledge in the workings of state government ensures that his clients have the best opportunity to succeed in their business endeavors. With a proactive style of communication and focus on the client, Seann acts as the bond to see his clients’ matters successfully through to completion.
Obtained Certificate of Need for hospice provider over two other competing applicants after 4-week trial, allowing provider to significantly expand its services and operations in Florida.
Successful challenge to Agency rule governing application process for medical marijuana treatment centers.
Reversed state agency’s attempt to invalidate probate court judge’s order determining entitlement to unclaimed property.
Challenge to two emergency rules requiring immediate installation of generators at all Florida nursing homes and assisted living facilities. Emergency rules declared invalid due to unsupported allegations of "emergency" and arbitrary and capricious deadlines.
After successfully defending pari-mutuel operator against Department complaint, Department reversed administrative law judge’s findings and conclusions and attempted to impose penalty against permit holder’s license. Obtained reversal on appeal, with final determination that no licensure violation occurred. Department ordered to pay client’s attorney’s fees and costs for both the appeal and proceedings below.
Obtained certificate of need for bone marrow transplant program over objection of existing provider. Proved the need for new program and substantial change of circumstances from previous application.
Demonstrated that applicant for trauma center was not needed and should be denied.
Successfully defended determination of benefits based on evidence established at fair hearing.
Participated in 67 hospital coalition challenging a reduction in hospital payments by the Medicaid Program. After state agency denied standing, successfully appealed to the First District Court of Appeal, which remanded the case for adjudication.
Successfully opposed hospital-based hospice program due to substantial adverse impact on existing provider of hospice services.
Defended approval of certificate of need for new nursing home.
Successfully challenged fixed need pool which would have led to additional hospice program approval.
Affirm lower court ruling that Department of Children and Families lacked jurisdiction over fair hearing dispute after requested care was provided. Fair hearings found inappropriate for resolving payment disputes regarding care provided.
After existing trauma providers petitioned to challenge approval of new trauma center, the Department of Health dismissed petitions for alleged lack of standing. Obtained reversal on appeal, establishing that trauma centers were within zone of interest protected by statute, and were substantially affected by Department’s “provisional” approval of competitor
After proving that long-standing agency rule governing the approval of new trauma centers was outdated and invalid, the agency appealed. Obtained order affirming that agency rule-based method for approving new trauma centers was invalid.
Represent Hospital in litigation challenging the Florida Agency for Healthcare Administration's published Medicaid outpatient payment rate.
Presenter: "Evidentiary Issues In Cases Involving the APA," The Florida Bar Young Lawyers Division, Spring 2021
Co-Presenter: "Legal Cannabis and the Health Care Industry," Meritas® Capability Webinar, November 2019
Speaker: "Florida Administrative Practice Act - Remedies and Principles," Advanced Topics Seminar, Florida Bar Health Law Section, May 31, 2019
Speaker: "Introduction to the Administrative Procedures Act," Basic Administrative Law Seminar, Florida Bar Young Lawyers Division, November 2, 2018
Speaker: "2018 Long Term Care and the Law: When Hurricane Irma Hit Florida: A Natural Disaster Begets a Regulatory Emergency," American Health Lawyers Association seminar, New Orleans, Louisiana, March 2018
Speaker: "What is the APA and Why Should I Care," Florida Bar Young Lawyers Division, Program Chair, 2006, 2008, 2018
Co-Author: "Florida Health Care Facility and Clinic Regulation," Florida Administrative Practice, Eighth Edition, 2009, 2012, 2014, 2016, 2018
Speaker: "Florida's Sunshine and Public Records Laws," Florida Bar Certification Review Course, State and Federal Government and Administrative Practice, 2011, 2014
Speaker: "Bid Protests," Florida Bar Young Lawyers Division, 2010, 2012
Speaker: "Declaratory Statements, Waivers and Variances, and Exceptions," Florida Bar Certification Review Course for State and Federal Governmental and Administrative Practice, 2007, 2009, 2010
Speaker: "Florida's Certificate of Need Laws," Panel Discussion, Southeastern Health Planning Symposium, Charlotte, North Carolina, 2010