Division of Hotels and Restaurants

Plan Review Variances

If plans do not meet sanitation and safety requirements, the applicant may request a variance from the division's rules. A variance request must meet the requirements of section 120.542, Florida Statutes, and rule 28-104.002, Florida Administrative Code.

To apply for a variance after your plan has been denied, submit a written request to the division. There is no fee for a variance request. Include any relevant documentation to support the request and a contact name, address and phone number from whom additional information may be obtained.

There are two types of variances as follows:

Routine Variance Request: A response will be issued within 90 days.  

Emergency Variance Request: A response will be issued within thirty (30) days.

Variance requests should be mailed to:

Department of Business and Professional Regulation
Division of Hotels and Restaurants Plan Review Office
1940 North Monroe Street
Tallahassee, Florida 32399-1011