Hotels and Restaurants – Guide to Apartments

Do I have a Transient Apartment or Non-transient Apartment? 

Non-Transient: Most Apartments in Florida fall under this category. It is a public lodging establishment which is rented to guests for periods of at least 30 days or which is advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month. Most often the intention is that the dwelling unit occupied is the sole residence of the guest. Only buildings or complexes renting five or more units require a Non-transient apartment license from the division.

Transient: Transient public lodging establishments are rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. Most often the presumption is that the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient. Any building or complex renting one or more units requires a Transient apartment license from the division.

For detailed definitions of Transient & Non-transient public lodging establishments see Florida Statute 509.013

Steps to getting an Apartment License

1. Create your DBPR Online account
2. Apply for a license and pay the license fee – Apply Online
3. Schedule and pass the licensing Inspection

Common issues that may delay the application process:

1. On a new license – Not including the number of rental units. License fees are partly based on the number of units; if the number is incorrect or missing the fees are likely to be wrong. If the application is for a change of ownership we’ll use the previous number of units if none are noted.
2. On a change of ownership – Not including the previous license number. Please verify the previous license number and include it on the application.
3. On a change of ownership – Providing a location address that does not match the previous license location. We cannot process a change of ownership if the location address does not match. Please verify the previous license location address including suite or unit number.
4. On any application – Payment is incorrect or no payment is submitted with the application. Please review the fees section below. Call 850-487-1395 if you have questions about how to calculate the fee.

Verify the license number and location address of any DBPR license on our website here.

Buildings of Three Stories or More – Mandatory Requirement

Each apartment building 3 or more stories must file a Certificate of Balcony Inspection with the division every three years.

Fees

Lodging license fees can be determined by visiting our lodging fees page.

Human Trafficking Awareness

In 2019 section 509.096 was added to Chapter 509, Florida Statutes. This section requires all public lodging establishments to provide annual training on human trafficking awareness to employees of the establishment who perform housekeeping duties in the rental units or who work at the front desk or reception area where guests check in or check out. The training must be provided for new employees within 60 days after they begin employment in a housekeeping or reception area role, or by January 1, 2021, whichever occurs later. For more information please visit our Human Trafficking Awareness page.

Miya’s Law

Changes to Chapter 509 of the Florida Statutes were approved during the 2022 legislative session. These requirements are collectively known as “Miya’s Law”.  Subsection 509.211(5) requires each public lodging establishment licensed as a non-transient apartment or transient apartment to do the following:

1. Require that each employee of the licensee undergo a background check as a condition of employment. The background check must be conducted in accordance to section 83.515, Florida Statutes. Section 83.515 requires the background check to:
   1. Be conducted by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act.
   2. Include a screening of criminal records and sexual predator and sexual offender registries of all 50 states and the District of Columbia.
2. Maintain a log accounting for the issuance and return of all keys for each dwelling unit.
3. Establish policies and procedures for the issuance and return of dwelling unit keys and regulating the storage of, and access to, unissued keys.
4. Provide upon request during the division’s annual inspection proof of compliance with this section

Fire Safety

The division records readily observable fire safety items during inspections. The division reports any item that may violate fire safety requirements to the State Fire Marshal and to local fire safety authorities. Please contact them to ensure your establishment meets fire safety requirements.

General guidelines are:

• Install smoke detectors in every living unit.
• For transient establishments – Have at least one hearing impaired smoke alarm available for every 50 rooms/units up to a maximum of 5.
• All units must comply with the requirements of NFPA 101, the Life Safety Code.
• Boiler safety inspection guidelines, certification requirements, and owner/operator responsibilities can be found on the State Fire Marshal’s Boiler Safety webpage.
• Have accessible fire extinguishers.