Government Program Summaries

Last updated 6/23/11   

4016

Department of Business and Professional Regulation

Hotel and Restaurant Regulation

What is the purpose of the division?

The purpose of the Division of Hotels and Restaurants is to protect the health and safety of the public by providing the industry with quality inspections and fair regulation.  The division licenses and inspects public food service and lodging establishments in Florida and regulates elevators, escalators, and other vertical conveyance devices.

How does the division protect the public interest?

To help ensure public safety, the division licenses public lodging and food service establishments, temporary food service events, elevators, and elevator professionals.  The division conducts sanitation and safety inspections for food and lodging, and monitors statewide elevator inspection activities performed by private inspectors and those contracted by local governments.

How can a citizen obtain information about establishments regulated by the division?

The Department of Business and Professional Regulation established an electronic licensing system that allows access to individual license, inspection, and complaint information on its licensing portal.  The department also established access to public food service establishments, restaurant disciplinary activity reports, and detailed lists of license and inspection data on its website.  Additionally, detailed lists of license and inspection data may be accessed through the department’s Hotel and Restaurants File Downloads Page.

How many inspections is the division performing?

During Fiscal Year 2009-10, the division performed 165,790 inspections of 82,600 food service and public lodging establishments, exceeding the legislative standard of 145,000 inspections.  The percentage of food and lodging establishments inspected according to statute was 98% and 99%, respectively.  The division attributes these results in part to increases in the number of inspection positions (additional 28 inspection positions since July 2006).  

Food Service and Lodging Facilities Inspected by Year

Fiscal Year

Percentage Completed

2009-10

98%

2008-09

98%

2007-08

89%

2006-07

83%

2005-06

77%

Source:  Long Range Program Plan, Department of Business and Professional Regulation, September 2010.

How quickly does the division process hotel and restaurant licenses and elevator operating certificates?

In Fiscal Year 2009-10, the division processed 97% of hotel and restaurant licenses within 30 days, exceeding the legislative standard by 2%.  The division also processed 98% of elevator certificates of operation within 30 days, exceeding the standard by 8%. 

How is the program funded?
FISCAL YEAR BUDGET
2011-12
BUSINESS AND PROFESSIONAL REGULATION, DEPARTMENT OFDOLLARSPOSITIONS
PROGRAM: HOTELS AND RESTAURANTS
COMPLIANCE AND ENFORCEMENT 18,824,590296.00
TOTAL 18,824,590296.00

Source:  www.transparencyflorida.gov

Current issues

Recent Law Changes.

 

•

Chapter 2010-106, Laws of Florida, transferred responsibility for regulating carbon monoxide hazards in public lodging establishments from the division to the Department of Financial Services’ Division of State Fire Marshal.

 

•

Chapter 2010-110, Laws of Florida, revised elevator safety regulations, including requiring that the division have reasonable access to all buildings and rooms where elevators are located.  The law also authorizes the division to take disciplinary actions against elevator inspectors who do not maintain their elevator inspector credentials in good standing; inspect elevators with a revoked or suspended license; or engage in fraud, negligence, or incompetency in the practice of the profession.

 

•

The 2011 Legislature enacted Chapter 2011-119, Laws of Florida, which excluded nonprofit organizations operating a facility providing housing only to patients, patients’ families, and patients’ caregivers from the definition of a public lodging establishment and increased penalties for public lodging establishments or public food service establishments violating applicable regulations.  The law also required the Florida Vacation Rental Managers Association to designate a member to serve on the division’s advisory council.

Where can I get more information?

OPPAGA Reports

State’s Food Safety Programs Have Improved Performance and Financial Self-Sufficiency, Report No. 10-44, June 2010.

Elevator Safety Inspections Are Improving, But DBPR Still Lacks Authority to Require Private Inspectors to Explain Inspection Result Discrepancies, Report No. 09-37, October 2009.

State Food Safety Programs Should Improve Performance and Financial Self-Sufficiency, Report No. 08-67, December 2008.

Privatization Has Helped Improve Elevator Safety; Additional State Oversight Is Needed, Report No. 08-18, April 2008.

Division of Hotels and Restaurants Improves Operations and Makes Progress in Meeting Inspection Goals, Report No. 07-41, October 2007.

Division of Hotels and Restaurants Improves Operations But Not Meeting Inspection Goals, Report No. 05-51, November 2005.

Other Reports

Department of Business and Professional Regulation:  Regulatory Programs And Other Matters, Auditor General, Report No. 2010-045, November 2009

Department of Business and Professional Regulation—Elevator Safety Inspections—Prior Audit Follow-Up—Operational Audit, Auditor General Report No. 2008-031, November 2007

Division of Hotels and Restaurants, Annual Reports

Websites of Interest

Department of Business and Professional Regulation, For Consumers

Florida Restaurant and Lodging Association

Performance

Performance measures and standards for the department may be found in its Long Range Program Plan.

What are the applicable statutes?

Chapters 399 and 509, Florida Statutes.

Whom do I contact for help?

Division of Hotels and Restaurants, Diann Worzalla, (850) 488-1133

Website

Economic Development and Labor, Health and Social Services, Elevators, Hotels, Motels

The Florida Legislature

Office of Program Policy Analysis and Government Accountability