Seann M. Frazier

Practice Areas

Healthcare

Professional Services

Administrative Litigation

Appellate Litigation

Healthcare Litigation

Healthcare Regulatory, Reimbursement & Compliance

Regulated Industry Advocacy, Licensing & Certifications

Career

Seann Frazier knows the way through the morass of state regulation in Florida. Over the course of his 30-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. He is a frequent author and lecturer on Florida administrative law and his articles have been cited as authority by appellate and administrative courts. Seann is also Board Certified by the Florida Bar in State and Federal Government and Administrative Practice.

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.

Publications

Panelist, "Florida’s Healthcare Legal Landscape," Aon Florida Healthcare Forum (April 24, 2025)

Contributor, "Florida lawmakers could add cannabis permits if adult-use ballot initiative passes," (October 2024)

Co-Author, "A Roundup of Florida’s "Health Care Session": The Live Healthy Act and Other Notable Health Care Legislation," (April 2024)

Co-Author, "Florida’s "Health Care Session": What Stakeholders Need to Know about the Live Healthy Act and Other Proposed Health Care Legislation," (January 2024)

Contributor, "Florida Preparing to Issue More Highly-sought Medical Marijuana Licenses," Sun Sentinel (December 2022)

Presenter, “Lesser Known Remedies under the Administrative Procedures Act,” Florida Dep’t of Financial Services (October 2022)

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 (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, 2022)

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)

Panelist, "Florida's Certificate of Need Laws," Southeastern Health Planning Symposium (2010)

Speaker, "Evidentiary Considerations in Administrative Litigation," Florida Bar Seminar to Persons with Disabilities re: Tier System (2008)

Speaker, "Florida's Certificate of Need Laws," Southeastern Health Planning Symposium (2007)

Speaker, "Evidentiary Issues in Administrative Law," Florida Bar's "Practice Before DOAH" Seminar (2006, 2007)

Panelist, "Certificate of Need and Health Facility Licensing," Florida Bar Health Law Certification Review Course (2004-2006)

Speaker, "Attorney's Fees in Administrative Litigation," Florida Bar Pat Dore Administrative Law Conference (2006)

Author, "Agency Snapshots: Agency for Health Care Administration," Administrative Law Section Newsletter, Vol. XXVIII, No. 4 (June 2007)

Author, "Section 57.105 Attorney's Fees in Administrative Litigation," Administrative Law Section Newsletter, Vol. XXV, No. 3 (March 2004)

Author, "The Expanded Availability of Declaratory Statements in Administrative Law," Florida Bar Journal, Vol. LXXIV, No. 4 (April 2000)

Author, "An Exception to the Exception? Judicial Interpretation of the Variance and Waiver Provision," Administrative Law Section Newsletter, Vol. XXI, No. 2 (December 1999)

Author, "Case Notes, Cases Noted and Notable Cases" column, Administrative Law Section Newsletter, Vol. XIX, Nos. 2 and 3, Vol. XX, Nos. 1-4, Vol. XXI, No. 1 (1998-1999)

Co-Author, "Choice of Forum in Florida's Administrative and Circuit Courts," Florida Bar Journal, Vol. LXXI, No. 7 (July/August 1997)

Author, "The Award of Attorney's Fees in Administrative Litigation," Florida Bar Journal, Vol. LXIX, No. 7 (July/August 1995)

Author, "Defending the Applicant in Certificate of Need Litigation," Administrative Law Section Newsletter, Vol. XVI, No. 3 (March 1995)

Author, "When De Novo Review is Not Review Anew," Administrative Law Section Newsletter, Vol. XV, No. 4 (June 1994)

Experience

Successfully challenged Agency statement regarding online ordering of medical marijuana through third-party websites as an unpromulgated rule and obtained a Final Order requiring the Agency to immediately discontinue reliance on the unpromulgated rule.

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.

Education

Awards