Florida Department of Business and Professional Regulation

Agency overview
Jurisdiction	Government of Florida
Headquarters	2601 N. Blair Stone Road, Tallahassee, Florida 32399
Motto	License Efficiently. Regulate Fairly.
Employees	1,517 (2022)
Annual budget	$157,922,881 USD (FY 2022-2023)
Agency executive	Melanie S. Griffin, Secretary;
Website	www.myfloridalicense.com

Last updated September 21, 2022

The Department of Business and Professional Regulation (DBPR) is the agency charged with licensing and regulating more than 1.6 million businesses and professionals in the State of Florida, such as alcohol, beverage & tobacco, barbers/cosmetologists, condominiums, spas, hotels and restaurants, real estate agents and appraisers, and veterinarians, among many other industries. On the Department's website, consumers and licensees can verify licenses, file a complaint against licensed or unlicensed individuals, apply for or renew licenses, search food and lodging inspections, search for or request public records and read about recent department initiatives.

On June 30, 2020 Governor Ron DeSantis signed “The Occupational Freedom and Opportunity Act” (HB 1193) which eliminates barriers of entry to certain professions licensed by the Florida Department of Business and Professional Regulation (DPBR) by adding endorsement and reciprocity provisions, removing supplemental business licenses and corresponding license fees, reducing licensure education requirements, and eliminating other licensure and registration requirements.

Office of the Secretary

The Secretary and head of the Department of Business and Professional Regulation is appointed by the Florida Governor and confirmed by the Florida Senate. There is no set term limit; the Secretary serves at the pleasure of the Governor. The Secretary is responsible for planning, directing, coordinating, and executing the powers, duties and functions vested in the Department, its divisions, bureaus and other subunits.

The current Secretary is Melanie S. Griffin.^[1] Secretary Griffin has held the position since January 1, 2022, and was confirmed by the Florida Senate on March 9, 2022.

Organization

DBPR Organizational Chart.

Business Regulation

Recent Department Improvements

Division of Hotels and Restaurants: 2017 Food Code

Effective November 1, 2019, the Division of Hotels and Restaurants adopted the 2017 Food and Drug Administration (FDA) Food Code, which establishes practical, science-based guidance and enforceable provisions for reducing risk factors known to cause or contribute to foodborne illness. There are some major changes food service operators licensed by the Division should carefully review to ensure they are in compliance. Industry bulletins linked below summarize these changes, also provided is the 2017 FDA Food Code.

2017 Food Code Resources

Industry Bulletin – Adoption of 2017 Food Code, click here
Industry Bulletin – Adoption of 2017 Food Code – Special Processes, click here
2017 FDA Food Code, click here

Risk Based Inspection Frequency

In order to accommodate the different risks posed by the different processes that occur within a food service establishment, the division has enacted a risk-based inspection frequency program that bases the frequency of inspections for each establishment on the risk the establishment poses.

All public food service establishments regulated by the division are required to have between 1-4 unannounced inspections each year. The number of inspections is based on risk factors and includes the type of food utilized, food preparation methods, and inspection and compliance history. Each of these items have proven to have a direct connection to the occurrence of foodborne illnesses.

The following table shows the risk-based categorization of food service establishments utilized by the division. Additional inspections may be conducted in response to a complaint and/or to ensure compliance. In addition, the division re-evaluates the risk-based category for establishments as needed.

Risk-Based Category	Description	Inspections Required
Level 1	Temporary public food service establishments, Vending machines, Public food service establishments that: Do not cook raw animal food; or Cook raw animal food, but do not cool any cooked/heated foods.	1
Level 2	Public food service establishments that: Cook raw animal food and cool any cooked/heated food; or Conduct a special process as defined in 3‐11 or 3‐502.12, 2009 FDA Food Code; or Serve a raw or undercooked animal food that requires a consumer advisory.	2
Level 3	Public food service establishments that: Have a history of non‐compliance (the division has taken three or more disciplinary actions over a two‐year period) or Serve a highly susceptible population (HSP).	3
Level 4	Public food service establishments that have been identified by the Florida Department of Health in a confirmed foodborne illness.

Self-print Licenses for Food & Lodging

The Division of Hotels & Restaurants is transitioning to paperless licenses. Licensees now have the ability to self-print their license(s) electronically through their DBPR online account. Self-print licenses are in PDF format and are emailed as an attachment to the email address associated with the DBPR online account. This process significantly reduces the time and expense it would otherwise take to distribute licenses by mail.

License holders can create a DBPR account to manage their food or lodging license. New business owners should begin by applying online, all food and lodging license applications are available through our online services. With an account, owners can perform routine license maintenance through our website, including renewals, renewal invoices, payments, mailing address updates, duplicate licenses and new applications. An account also enables electronic payments via our DBPR mobile app available from the Apple App Store or Google Play. Go to My Account to set up your account.

Online Accounts – Video Help

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, including the Industry Bulletin, click here.

Lodging Industry – Changes to Chapter 509, Florida Statutes – Lodging Industry Bulletin

Important Update to Vacation Rentals – Rental Unit Addresses

The Division of Hotels & Restaurants has made a significant improvement for vacation rental license holders. The Department’s online account service now offers the ability for vacation rental license holders to review and make changes to the rental unit addresses covered by their license. License holders can now log in to add or remove rental units from their vacation rental license at any time, and address changes that are made online will integrate into the Department’s records instantly. This improved functionality is intended to supplant the Form 7010 that the division previously collected from its licensees when processing requests for vacation rental address changes. This improvement simplifies the process of managing a vacation rental license.

If you are a food service or hotel operator and have any additional questions, you may call 850.487.1395 or visit your local District Office. Local district office locations can be found here.

Florida Building Codes and Standards

The Florida Building Commission was transferred to the Department of Business and Professional Regulation on July 1, 2011. Prior to that, the Commission was housed under the Department of Community Affairs.

The Florida Building Commission (Sections 553.76 and 553.77, F.S.) is a 19-member technical body responsible for the development, maintenance and interpretation of the Florida Building Code through a consensus-building process. The members of the Commission are appointed by the Governor and represent architects, engineers, contractors, building owners, insurance, public education, local governments, building and fire officials and persons with disabilities. The Commission also approves products for statewide acceptance and administers the Building Code Training Program.

The Florida Building Code (Section 553.73, F.S.) replaced Florida's patchwork of codes and regulations that were developed, amended, administered and enforced by more than 400 local jurisdictions and state agencies with building code regulation responsibilities. The current Code is a single statewide code based on national model codes and consensus standards, amended for Florida specific needs for the design and construction of buildings. The Code is designed to make the local building process more efficient, increase accountability, bring new and safer products to the market, increase consumer confidence, and better protect the residents of this natural-disaster prone state.

For more information on the Florida Building Codes and Standards, visit here.

Division of Drugs, Devices and Cosmetics

The Division of Drugs, Devices and Cosmetics was transferred to the Department of Business and Professional Regulation on October 1, 2011. Prior to that, the Division was housed under the Department of Health.

The Division of Drugs, Devices and Cosmetics safeguards the health, safety, and welfare of the citizens of the state of Florida from injury due to the use of adulterated, contaminated, misbranded drugs, drug ingredients and cosmetics by administering the provisions of the Florida Drug and Cosmetic Act (Chapter 499, F.S.). The Program carries out its responsibilities through three bureaus: Compliance & Enforcement, Licensing and Legal.

The Division administratively supports the Cancer Drug Donation Program (CDDP). The CDDP was created during the 2006 Legislative Session with the passage of House Bill 371, which was sponsored by Representative Gayle Harrell. The purpose of the CDDP is to provide access to the drugs and supplies used to treat cancer to patients who are uninsured and do not qualify for Medicare, third-party insurance or any other state or federal programs. Section 499.029, F.S., authorizes the donation of cancer drugs and supplies by any person or entity to a participant facility for re-dispensing to an eligible recipient.

For more information on the Division of Drugs, Devices and Cosmetics, visit here.

Unlicensed Activity and Enforcement

Unlicensed activity occurs when an individual offers to perform or performs services that require a state license and the individual does not hold the required license. Operating as an uncertified or unregistered business in Florida is a misdemeanor crime. When the Department of Business and Professional Regulation learns of businesses operating without a license, it is required by law to forward those cases to the local State Attorney for prosecution. The Unlicensed Activity (ULA) program within the Department of Business and Professional Regulation exists to serve the citizens of the State of Florida to educate them about the dangers of unlicensed activity, investigating complaints filed against unlicensed individuals, and working to eliminate it through proactive enforcement efforts. The ULA unit works in conjunction with law enforcement and the state attorney’s offices to prosecute individuals practicing without a license. During a declared state of emergency, the penalty for unlicensed activity is elevated from a misdemeanor to a third-degree felony.

Related Research Articles

The United States Food and Drug Administration is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, dietary supplements, prescription and over-the-counter pharmaceutical drugs (medications), vaccines, biopharmaceuticals, blood transfusions, medical devices, electromagnetic radiation emitting devices (ERED), cosmetics, animal foods & feed and veterinary products.

Lodging refers to the use of a short-term dwelling, usually by renting the living space or sometimes through some other arrangement. People who travel and stay away from home for more than a day need lodging for sleep, rest, food, safety, shelter from cold temperatures or rain, storage of luggage and access to common household functions. Lodging is a form of the sharing economy.

<span class="mw-page-title-main">Cosmetology</span> Study and application of beauty treatment

Cosmetology is the study and application of beauty treatment. Branches of specialty include hairstyling, skin care, cosmetics, manicures/pedicures, non-permanent hair removal such as waxing and sugaring, and permanent hair removal processes such as electrology and intense pulsed light (IPL).

A resort is a self-contained commercial establishment that tries to provide most of a vacationer's wants, such as food, drink, swimming, lodging, sports, entertainment, and shopping, on the premises. The term resort may be used for a hotel property that provides an array of amenities, typically including entertainment and recreational activities. A hotel is frequently a central feature of a resort, such as the Grand Hotel at Mackinac Island, Michigan. Some resorts are also condominium complexes that are timeshares or owned fractionally or wholly owned condominium. A resort is not always a commercial establishment operated by a single company, but in the late 20th century, that sort of facility became more common.

Good manufacturing practices (GMP) are those conforming to the guidelines recommended by relevant agencies. Those agencies control the authorization and licensing of the manufacture and sale of food and beverages, cosmetics, pharmaceutical products, dietary supplements, and medical devices. These guidelines provide minimum requirements that a manufacturer must meet to assure that their products are consistently high in quality, from batch to batch, for their intended use. The rules that govern each industry may differ significantly; however, the main purpose of GMP is always to prevent harm from occurring to the end user. Additional tenets include ensuring the end product is free from contamination, that it is consistent in its manufacture, that its manufacture has been well documented, that personnel are well trained, and that the product has been checked for quality more than just at the end phase. GMP is typically ensured through the effective use of a quality management system (QMS).

Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business.

The United States Federal Food, Drug, and Cosmetic Act is a set of laws passed by the United States Congress in 1938 giving authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of food, drugs, medical devices, and cosmetics. A principal author of this law was Royal S. Copeland, a three-term U.S. senator from New York. In 1968, the Electronic Product Radiation Control provisions were added to the FD&C. Also in that year the FDA formed the Drug Efficacy Study Implementation (DESI) to incorporate into FD&C regulations the recommendations from a National Academy of Sciences investigation of effectiveness of previously marketed drugs. The act has been amended many times, most recently to add requirements about bioterrorism preparations.

A vacation rental is the renting out of a furnished apartment, house, or professionally managed resort-condominium complex on a temporary basis to tourists as an alternative to a hotel. The term vacation rental is mainly used in the US. Other terms used are self-catering rentals, holiday homes, holiday lets, cottage holidays and gites.

The National Medical Products Administration was founded on the basis of the former State Food and Drug Administration (SFDA). In March 2013, the former regulatory body was rebranded and restructured as the China Food and Drug Administration, elevating it to a ministerial-level agency. In 2018, as part of China's 2018 government administration overhaul, the name was changed to 'National Medical Products Administration' and merged into the newly created State Administration for Market Regulation. The headquarters are in Xicheng District, Beijing.

The hospitality industry is a broad category of fields within the service industry that includes lodging, food and drink service, event planning, theme parks, travel and tourism. It includes hotels, tourism agencies, restaurants and bars.

Food safety is used as a scientific method/discipline describing handling, preparation, and storage of food in ways that prevent food-borne illness. The occurrence of two or more cases of a similar illness resulting from the ingestion of a common food is known as a food-borne disease outbreak. This includes a number of routines that should be followed to avoid potential health hazards. In this way, food safety often overlaps with food defense to prevent harm to consumers. The tracks within this line of thought are safety between industry and the market and then between the market and the consumer. In considering industry to market practices, food safety considerations include the origins of food including the practices relating to food labeling, food hygiene, food additives and pesticide residues, as well as policies on biotechnology and food and guidelines for the management of governmental import and export inspection and certification systems for foods. In considering market to consumer practices, the usual thought is that food ought to be safe in the market and the concern is safe delivery and preparation of the food for the consumer.

A hotel manager, hotelier, or lodging manager is a person who manages the operation of a hotel, motel, resort, or other lodging-related establishment. Management of a hotel operation includes, but is not limited to management of hotel staff, business management, upkeep and sanitary standards of hotel facilities, guest satisfaction and customer service, marketing management, sales management, revenue management, financial accounting, purchasing, and other functions. The title "hotel manager" or "hotelier" often refers to the hotel's General Manager who serves as a hotel's head executive, though their duties and responsibilities vary depending on the hotel's size, purpose, and expectations from ownership. The hotel's General Manager is often supported by subordinate department managers that are responsible for individual departments and key functions of the hotel operation.

Food safety in China is a concern relating to agriculture in the world's most populated country. China's principal crops are rice, corn, wheat, soybeans, and cotton in addition to apples and other fruits and vegetables. China's principal livestock products include pork, beef, dairy, and eggs. The Chinese government oversees agricultural production as well as the manufacture of food packaging, containers, chemical additives, drug production, and business regulation. In recent years, the Chinese government attempted to consolidate food safety regulation with the creation of the State Food and Drug Administration of China in 2003; officials have also been under increasing public and international pressure to solve food safety problems. Chinese Vice Premier Li Keqiang said, "Food is essential, and safety should be a top priority. Food safety is closely related to people's lives and health and economic development and social harmony," at a State Council meeting in Beijing.

A community association manager is a manager of a condominium or homeowners association. The position is frequently confused with a property manager, who deals with individual rental units or a group of rental units, like an apartment complex. The community manager deals with property owners and homeowners.

New South Wales Food Authority is a statutory authority of Government of New South Wales, responsible for food safety and food labelling regulations in the state as well as consumer food safety promotion. It is part of the DPI Biosecurity and Food Safety Branch within the Department for Primary Industries, which is a part of the Department of Regional NSW.

The Division of Alcoholic Beverages and Tobacco (ABT) is the Florida state government agency which licenses and regulates the sale of alcoholic beverages and tobacco. It is part of the Florida Department of Business and Professional Regulation (DBPR).

The Food Safety Modernization Act (FSMA) was signed into law by President Barack Obama on January 4, 2011. The FSMA has given the Food and Drug Administration (FDA) new authority to regulate the way foods are grown, harvested and processed. The law grants the FDA a number of new powers, including mandatory recall authority, which the agency has sought for many years. The FSMA requires the FDA to undertake more than a dozen rulemakings and issue at least 10 guidance documents, as well as a host of reports, plans, strategies, standards, notices, and other tasks.

The District of Columbia Department of Consumer and Regulatory Affairs (DCRA) is a District of Columbia agency that issues licenses and permits. It falls under the oversight of the Council of the District of Columbia and its operations fall under the responsibility of the mayor, delegated to an appointed director, as with most other cabinet-style directorates or agencies.

The Food Safety and Inspection Service (FSIS), an agency of the United States Department of Agriculture (USDA), is the public health regulatory agency responsible for ensuring that United States' commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged. The FSIS draws its authority from the Federal Meat Inspection Act of 1906, the Poultry Products Inspection Act of 1957 and the Egg Products Inspection Act of 1970. The FSIS also acts as a national health department and is responsible for the safety of public food-related establishments as well as business investigation.

Halsey W. Beshears is a Republican politician from Florida. He served as the Secretary of the Florida Department of Business and Professional Regulation (DBPR) from January 2019 to January 2021. Previously, he was a member of the Florida House of Representatives, representing parts of the Florida Panhandle from 2012 until his appointment as DBPR secretary.

References

↑ "Governor Ron DeSantis Appoints Melanie Griffin as Secretary of the Florida Department of Business and Professional Regulation". flgov.com. December 22, 2021.

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[1] "Governor Ron DeSantis Appoints Melanie Griffin as Secretary of the Florida Department of Business and Professional Regulation". flgov.com. December 22, 2021.

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