Division of Hotels and Restaurants
Final order appeals FAQ
All information on this page is current and was last reviewed by the division on December 18, 2012.
1. Q: Who can appeal a Final Order?
A: Florida Statute 120.68(1) states that any party who is adversely affected by the Final Order can file an appeal.
2. Q: How do I appeal a Final Order?
A: Florida Statute 120.68 governs judicial review of agency Final Orders. You must file a Notice of Appeal with the appropriate District Court of Appeal along with the appropriate filing fee.
You must also file a copy of the Notice of Appeal with the Agency. The Agency accepts filing by mail, email, or fax.
Mail: Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202,
3. Q: Which court is the appropriate one?
A: Florida Statute 120.68(2) states that an appeal is properly filed where the Agency maintains its headquarters or where a party resides. The Department maintains its headquarters in Tallahassee, which is served by the First District Court of Appeal. The following link contains a map of Florida showing the counties served by each of the five districts: http://www.flcourts.org/courts/dca/dca_dist.shtml
4. Q: When can I appeal a Final Order?
A: Florida Statute 120.68(2) states that an affected party has (30) days from the rendition of a Final Order to file an appeal. The rendition date is the date the Final Order is clerked and is usually signified by a stamp in the upper right hand corner of the Final Order. One should keep in mind that the appeal will be dismissed if the appellate court does not receive the Notice of Appeal within that 30-day timeframe.
5. Q: How much does it cost to file an appeal?
A: Florida Statute 35.22(3) currently sets the filing fee at $300.00. Unless exempt by law or on the basis of indigency, the fee is due at the time the notice of appeal is filed and subsequent action on the appeal, including voluntary dismissal, does not waive the filing fee. Waiver of the filing fee on the basis of indigency should be sought from the Agency.