Hotels and Restaurants – Frequently Asked Questions

• What information does the Division of Hotels and Restaurants provide as a download file on the Instant Public Records website?

The Instant Public Records website includes current and historical data for the Bureau of Elevator Safety, public food service establishments, and public lodging establishments. Download files providing current data are updated weekly, unless otherwise noted.

Elevators download files include:

• • Active elevators and other vertical conveyances, registered elevator companies, certificates of competency, and certified elevator inspectors; and
  • Elevator permits issued by the Bureau of Elevator Safety.

Lodging download files include:

• • Inspection results;
  • Active lodging establishments by licensing district; and
  • New and change owner lodging licenses issued.

Restaurants/Food Service download files include:

• • Inspection results;
  • District lists of active food service establishments in Florida;
  • New and change owner food service licenses issued;
  • Administrative complaints and fines, updated monthly;
  • Plan reviews processed by the division within the past 18 months; and
  • Food service workers trained in Florida.
• How do I get help downloading the files available as instant public records?

Helpful information can be found on our Public Records Read Me/Disclaimer webpage.   Other than that, the department does not offer technical support during or after the download process. If you require assistance, please refer to your computer manuals, or contact your Corporate Help Desk or Internet Service Provider.

• Where can I find information explaining the Division of Hotels and Restaurants download file layout, including column headings and code descriptions?

The Hotels and Restaurants Public Records Layout Information webpage explains the column headings and the codes used by our system. Additional information is available on our Inspections webpage.

• What does the column for PDA Status in the food service and lodging inspection download files mean?

Division of Hotels and Restaurants inspectors use mobile devices for collecting inspection data and producing inspection reports for the licensees. These devices promote consistency, legibility, accuracy and thoroughness in our inspection process.

• What do the columns for violations on the food service and lodging inspection download files mean?

These columns coincide numerically with the violations described on the Hotels and Restaurants Public Records Layout Information webpage. Complete listings of our food and lodging violations are available on our Inspections website. We also provide examples of our food and lodging inspection reports for your information.

• Why are there more violation columns than actual violations on the food service and lodging inspection download files?

The extra columns correspond to obsolete references that are no longer used. These columns will always show a zero value.

• What do the numbers in the violations columns on the food service and lodging inspection download files mean?

Most violations have multiple code citations and observations referenced within the single numeric violation code or category. For example, a vermin violation has observations for “Roaches noted”, “Flies in kitchen”, “Dead roaches”, etc. Each of these constitute a separate violation under the violation category. The number in the violation column indicates the total number of violations cited for that violation category. For instance, if an inspector cited violations for “Roaches noted” and “Flies in kitchen,” a “2” would be listed in the violation column for a vermin violation. A zero means no violations were cited for that violation category. Complete listings of our food and lodging violations are available on our Inspections website.

• Where can I find more information about what the Division of Hotels and Restaurants inspector found?

The best public resource we have for inspection information is our Inspection Search Portal. This site includes all of the individual citations and observations for each inspection completed with a mobile device (as well as abbreviated information for manually entered inspections). If you see an inspection in the extracts that interests you, note the license number to find the records faster. You can also perform a search by license name.

• Whom should I contact if I have questions about the Instant Public Records download files. 

Please call our Customer Contact Center at 850.487.1395 or use our contact form.

• How can I obtain records from the Division of Hotels and Restaurants that are not available for download from the Instant Public Records website?

Please email the division at hrpublicrecords@myfloridalicense.com. You may also request public records by telephone, fax or standard mail. More information on submitting public records requests is available on our website.

Balcony Inspection

• Which establishments require a balcony inspection?
• What is considered a balcony?
• Is a special certification or license required to conduct a balcony inspection in a lodging establishment?
• Is there a balcony inspection form that must be used for a balcony inspection in a lodging establishment?
• Is a separate balcony inspection form required for each building in a lodging establishment?
• When must a balcony inspection be completed in a lodging establishment?
• What happens if the balcony inspector finds a defect?
• Do I have to keep a copy of the Certificate of Balcony Inspection on property of my lodging establishment?

Carbon Monoxide Detectors

• Which lodging establishments require carbon monoxide detectors?
• What are the installation requirements for a carbon monoxide detector in a lodging establishment?
• Is there an alternative to installing carbon monoxide detectors in an affected lodging establishment?
• The Division of Hotels and Restaurants cited me for not having carbon monoxide detector(s) in my lodging establishment. Do I still have to correct that violation?

Cribs and Crib Safety

• Are public lodging establishments required to provide cribs for guest use?
• Where can I find the current safety standards for cribs?
• How can I tell if a crib in a public lodging establishment is safe?
• Are public lodging establishments allowed to provide drop side cribs for guest use?
• May a public lodging establishment immobilize a drop side crib in order to continue using the crib?

Fire Safety

• What is the Division of Hotels and Restaurants’ role in addressing fire safety issues in public food service and lodging establishments?
• Are the Division of Hotels and Restaurants’ fire safety reports available to the public?
• Whom should I contact regarding complaints or questions about fire related issues?
• Who is the authority on what fire protection equipment I need in my food service or lodging establishment?
• Why are automatic sprinkler systems recommended in food service and lodging facilities?
• Who is responsible for maintaining the fire protection equipment located at a public food service or lodging establishment licensed by the Division of Hotels and Restaurants?

Guest Registers

• Does a public lodging establishment have to maintain records of guest occupancy and for how long?
• Can the Division of Hotels and Restaurants inspect guest registers?

HUD Apartment Exclusion

• What is the exclusion for HUD-inspected apartment buildings?
• How do I apply for the exclusion for my HUD-inspected apartment buildings that are designated as elderly housing?
• What happens if my apartment complex no longer qualifies for a full exclusion as HUD-inspected elderly housing?
• What happens if my apartment buildings no longer qualify for a partial exclusion as HUD-inspected elderly housing?

Landlord and Tennants

Nontransient Apartments

• Does the division have authority over security deposits, apartment maintenance, pest control, or terms of the lease?

Transient Lodging

• Can a lodging establishment refuse to rent me rent a room?
• What can I do if I do not like the facility or my room is dirty when I arrive at a lodging establishment?
• Can a lodging establishment refuse to refund a deposit or prepaid reservation if my travel plans change or I want to cancel my reservation?
• Can a lodging establishment change the rental rate or charge a rate different from an advertised rate?
• What happens if I have a reservation, but the lodging establishment overbooks and cannot provide me a room?
• Can a lodging establishment add unexpected charges to my bill when I checkout?
• How do I remove someone who owes me money from the premises of my lodging establishment?
• If a guest at my lodging establishment is disturbing other guests, can I have them ejected from the premises?
• Must I rent to active military personnel regardless of age?

Mold

• Can the division inspect my apartment for mold?
• Can the division test my apartment for mold?
• Can the division force my landlord to fix a mold problem or mold damage in my apartment?
• How can I prevent mold?
• Where can I get more information on mold?

Swimming Pools and Spas

• Does the Division of Hotels and Restaurants regulate swimming pools or spas in public lodging establishments?

Vacation Rentals and Timeshare Projects

• Does the division regulate vacation rental hosting platforms such as Airbnb or VRBO?
• What is a licensed agent for vacation rentals and timeshare projects?
• Does a licensed agent for a vacation rental or timeshare project have to be licensed by the Division of Real Estate?
• What is a timeshare project public lodging establishment?

Miya’s Law

• Should guests renting a transient apartment be included on the log accounting for the issuance and return of all unit keys?
• There are no employees directly employed by the apartment complex who work at the licensed premises. Do I still have to complete form “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings”?
• What are the requirements for non-transient apartment and transient apartment public lodging establishments under “Miya’s Law”?
• What is considered an employee?
• Where do I submit the completed “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings” form?
• Where can I obtain the “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings” form?
• Where should the “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings” form be posted?
• Which employees do I include on form “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings”?
• Which public lodging establishments must complete the “DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings” form?