Florida Hotel and Restaurant License Requirements

How does Florida regulate and authorize licenses?

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements.

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Which laws and regulations apply to Florida hotel and restaurant licenses?

The Florida Department of Business and Professional Regulation (DBPR) regulates hotel and restaurant licenses. This oversight falls under the jurisdiction of the Division of Hotels and Restaurants, which implements Florida statutes and administrative codes related to these licenses.

The primary Florida statute governing the licensing of hotels and restaurants is Chapter 509, Florida Statutes, known as the Lodging and Food Service Establishments Act. This statute outlines the requirements for obtaining and maintaining licenses and the penalties for noncompliance. Additionally, the Florida Administrative Code Rule 61C-1 further details the rules and regulations that apply to hotels and restaurants in the state.

What are the application and retention requirements for hotel and restaurant licenses in Florida?

Application Requirements:

The application process includes the following:

Submission of a completed application: Applicants must submit a completed application to the DBPR, providing details about the establishment, ownership, and intended operation.
Payment of applicable fees: Applicants are required to pay licensing fees based on the type and size of the establishment.
Compliance with building and safety codes: Establishments must adhere to local building, zoning, and fire safety regulations. Depending on the location, applicants may need approval from local authorities.
Completion of a plan review: The DBPR conducts a plan review to ensure that the proposed establishment meets all the requirements before construction or remodeling.
Passing a pre-licensure inspection: Once construction or remodeling is complete, applicants must schedule and pass a pre-licensure check conducted by the DBPR.

Retention Requirements:

To maintain a hotel or restaurant license in Florida, licensees must comply with ongoing requirements, including the following:

Renewal of the license: Licensees must renew their licenses annually or biennially, depending on the license type.
Adherence to sanitary and safety regulations: Licensees must maintain their establishments in compliance with sanitary and safety standards as defined in Chapter 509 and Rule 61C-1.
Submission to routine inspections: The DBPR conducts regular inspections to ensure ongoing compliance with safety and sanitation requirements.
Timely reporting of changes: Licensees must report any changes in ownership, management, or operation to the DBPR within a specified time frame.
Compliance with employee training requirements: Hotels and restaurants in Florida must ensure that their employees receive appropriate training, such as food safety training for food managers and responsible vendor training for establishments serving alcohol.
Payment of applicable taxes: Licensees must stay current on all applicable taxes, including sales and use taxes, and tourism development taxes, as required by the Florida Department of Revenue.

By adhering to these application and retention requirements, hotels and restaurants in Florida can successfully obtain and maintain their licenses, ensuring that they operate within the state’s regulations and provide safe and sanitary environments for their customers.

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Can the DBPR’s license decision be appealed?

Yes, an adverse license decision made by the DBPR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.

If an applicant or licensee receives an adverse decision from the DBPR, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes.

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ).

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The DBPR then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations.

Suppose the petitioner is unsatisfied with the DBPR’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law.

Have more questions about a professional licensing-related situation?

Crucially, this overview of hotel and restaurant licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.