Division of Hotels and Restaurants

Plan Review Variances

If plans do not meet sanitation and safety requirements, the applicant may request a variance from construction standards. According to section 509.032(2)(e), Florida Statutes, the division may grant variances from construction standards in hardship cases.  A variance may not be granted until the department has determined that:

• The variance will not adversely affect the health of the public.
• No reasonable alternative to the required construction exists.
• The hardship was not intentionally caused by action of the applicant.

To apply for a variance after your plan has been denied, submit a written request and the appropriate fee to the division.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.  The cost of a routine variance request is $150.00.

Emergency Variance Request: A response will be issued within thirty (30) days.  The cost for an emergency variance request is $300.00.

Please make checks and money orders payable to the Division of Hotels and Restaurants.

Variance requests, including the appropriate fee listed above, 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