Restaurant Permits & Licenses in Miami, Florida

Required for all LLCs. Annual report required separately (see below).

Applies to all Florida LLCs. Filed online via Sunbiz.org.

Renewed every 5 years for $50. Search existing names at https://search.sunbiz.org/Inquiry/CorporationSearch/ByFictitiousName

Required for all restaurants serving food to the public. Plan review required pre-opening (fee ~$300). Fees per current schedule effective 2023.

At least one CFPM on staff at all times. Approved providers listed on DBPR site. No state exam; ANSI-accredited courses.

Assessed by inspector; multiple reinspections possible.

File returns monthly/quarterly based on revenue. Register via FL DR Direct portal.

Florida's unemployment insurance tax. Quarterly filings required.

Restaurants in Florida must collect and remit sales tax on all taxable sales. The current state sales tax rate is 6%. Local surtaxes may apply depending on the county. Registration is done via the Florida Department of Revenue's online portal.

All employers in Florida must register for employer withholding (income tax withholding) even though Florida does not have a state income tax. This registration ensures compliance with federal reporting and may be required for local tax withholding in certain jurisdictions. Employers must report wages and withhold federal taxes accordingly.

Employers must pay state unemployment insurance (SUI) tax on the first $7,000 of wages per employee annually. New employers pay a standard rate of 2.7% (as of 2024). Rate may vary based on experience rating after several years.

Florida does not impose a corporate income tax or franchise tax on LLCs or other entities as of 2024. This requirement was repealed effective January 1, 2018. LLCs are not subject to Florida franchise tax.

All LLCs must obtain an EIN from the IRS, even if they have no employees. This is required for opening a business bank account, filing taxes, and hiring staff. Can be obtained online at no cost.

All Florida restaurants must obtain a Business Tax Receipt (BTR), often called a 'privilege license,' from the county or city where they operate. Fees and requirements vary by jurisdiction. For example, Miami-Dade County requires this for all businesses. The BTR must be visibly displayed at the business location.

21 Florida counties impose a discretionary sales surtax (e.g., Miami-Dade, Orange, Hillsborough). Rates range from 0.5% to 2.5%. The restaurant must collect and remit both state sales tax and applicable local surtax. Registration is automatic when registering for sales tax if located in a surtax county.

Florida does not impose a separate excise tax or 'food tax' on restaurant meals beyond standard sales and discretionary surtaxes. Prepared food is taxed at the regular 6% state rate plus applicable local surtaxes. No additional industry-specific excise tax exists as of 2024.

LLC owners are subject to federal self-employment tax (15.3%) on net business income. This is reported annually via IRS Form 1040 and Schedule SE. Estimated quarterly tax payments (Form 1040-ES) are required if tax liability exceeds $1,000.

Employers must file Form 941 quarterly to report federal income tax, Social Security, and Medicare taxes withheld from employee wages. Restaurants with employees must comply with this requirement.

FUTA tax is 6% on the first $7,000 of wages per employee annually. Employers may receive a credit of up to 5.4% for timely state unemployment tax payments, reducing effective rate to 0.6%.

All restaurants must obtain a Food Service Permit from the Florida Department of Health or a delegated county health authority. The facility must pass a health inspection, and at least one employee must hold a certified Food Manager credential. Renewal is typically annual.

Required in all Florida counties for restaurants; renew yearly. Specific county rates set locally (e.g., Miami-Dade: restaurant fee ~$100+).

Cities like Miami require separate city BTR in addition to county; check specific city code (Miami Code Sec. 22-1 et seq.).

Must confirm property zoned for restaurant use (e.g., Miami-Dade Zoning Code Sec. 33-1); varies by municipality.

Required for interior build-out, kitchen installation (e.g., Florida Building Code adopted locally).

Governed by local sign ordinances (e.g., Orlando Code Chapter 58).

Administered by county health departments (e.g., DOH districts); plan review required pre-opening (Florida Admin. Code 61C-1).

Required for restaurants >5,000 sq ft or with specific hazards (Florida Fire Prevention Code).

Confirms compliance with building, fire, zoning codes.

NFPA 72 compliance; annual false alarm fees may apply.

Varies by locality; traffic study may be needed for high-impact sites.

Many cities prohibit amplified sound (e.g., Tampa Code Sec. 27-141).

Required for all employers with four or more employees (including part-time). Agricultural employers have different thresholds. Sole proprietors may elect out if they are the only worker. Corporate officers in LLCs may qualify for exemption if they own at least 10% and file proper election form (Form DWC-710).

Not mandated by Florida state law for all restaurants, but strongly recommended. May be required by local ordinances or lease agreements. Often bundled with property insurance in a Business Owner’s Policy (BOP).

Required for any vehicle titled or registered to the business. Minimum liability coverage: $30,000 bodily injury per person, $60,000 per accident, $25,000 property damage (30/60/25). Applies regardless of number of vehicles.

Not universally required. FDACS may require a surety bond (typically $1,000–$10,000) for food service establishments with prior violations or as a condition of permit issuance. Bond ensures compliance with food safety laws.

While Florida does not mandate a specific dollar amount for liquor liability insurance, carrying adequate coverage is strongly advised due to 'dram shop' liability under Florida Statute § 768.125. The ABT may require proof of financial responsibility in certain cases. Most commercial general liability policies include liquor liability as an endorsement.

No Florida state law mandates standalone product liability insurance for restaurants. However, restaurants are liable under Florida product liability law (Chapter 776, Florida Statutes) for injuries caused by defective food. Coverage is typically included in general liability policies. Strongly recommended but not legally required.

Not legally required for restaurants in Florida. E&O insurance is typically for service professionals giving advice (e.g., consultants). Restaurants are not required to carry it, though some may choose to for protection against claims of negligence in dietary advice or food safety recommendations.

Even single-member LLCs without employees may need an EIN if they elect corporate taxation or open a business bank account. Application is free via IRS Form SS-4.

A single-member LLC is disregarded for federal tax purposes and reports income on Schedule C of Form 1040. Multi-member LLCs file Form 1065 and issue Schedule K-1s. All members pay self-employment tax via Schedule SE.

Requires posting OSHA poster (Form 2206), reporting work-related fatalities within 8 hours, and maintaining injury/illness records (Form 300) if over 10 employees. Specific hazards in restaurants include slips, burns, and ergonomics.

Required posters include: Federal Minimum Wage, EEO, FMLA, OSHA Worker Rights, Florida Reemployment Assistance, and Workers’ Compensation. Available free from DOL and Florida agencies.

Issued by local county health departments. Requires compliance with Florida Food Code. Renewal includes inspection. Fee and renewal date depend on jurisdiction.

Inspections conducted by county health inspectors. Frequency based on food handling complexity and past compliance. Results are public via Florida Health website.

Conducted by local fire marshal. Includes review of exits, fire extinguishers, hood suppression systems, and flammable storage. Certificate of Inspection required.

Required for opening and often annually renewed. Ensures compliance with zoning, ADA, fire, and building codes. Contact local building department for specific requirements.

No formal renewal, but business must maintain active registration. Must notify DOR of address, ownership, or operational changes within 20 days.

Requires accessible entrances, restrooms, seating, and menus. Applies regardless of employee count. Covered under Title III of ADA. DOJ provides technical assistance for compliance.

All restaurants that serve food are considered "food facilities" and must register with FDA. Registration must be renewed every 2 years during the renewal period (October 1–December 31 in even-numbered years). Required under the Food Safety Modernization Act (FSMA).

Retail food establishments (like typical restaurants) are generally exempt if they sell directly to consumers. However, if >50% of food is sold to other businesses (e.g., wholesale catering), they may be subject to preventive controls. Exemptions apply under "qualified facilities" if under $500K in sales and mostly direct to consumer.

Most restaurants selling alcohol only for on-premises consumption are regulated solely at the state level (Florida Division of Alcoholic Beverages and Tobacco). Federal TTB permit is required only for manufacturing, importing, or wholesale distribution. Rarely applies to standard restaurants.

Covers minimum wage ($7.25/hr federally), overtime (1.5x after 40 hrs), youth employment, and tip credit rules. Most restaurants meet interstate commerce threshold due to out-of-state food supplies.

Requires completion of Form I-9 for every employee, verifying identity and work authorization. E-Verify is not mandatory federally but may be required by state law or federal contracts.

Requires eligible employees (12 months, 1,250 hours) to receive up to 12 weeks of unpaid, job-protected leave annually for qualifying events. Most small restaurants are exempt.

Prohibits deceptive or unfair advertising (e.g., false claims about food sourcing, "organic" labeling without certification, misleading pricing). Applies to all businesses, including restaurants. "Bait-and-switch" or false health claims are common enforcement areas.

Restaurants using fluorescent bulbs or other universal waste must store and dispose of them properly. Exemptions exist for very small quantity generators. No federal permit required, but compliance with storage and labeling rules is mandatory.

Must register for state sales tax and collect local discretionary surtaxes in each county. Filing frequency depends on taxable sales volume.

Requires plan review, kitchen inspection, and compliance with Florida Food Code. Local health departments enforce standards.

At least one employee must hold a valid Certified Food Manager (CFM) certificate. Certification requires passing an ANSI-accredited exam and renewal every 5 years via re-examination.

Mandatory in Florida for employers with 4+ employees. Agricultural and construction employers have lower thresholds. Proof may be requested during audits or inspections.

EIN is a one-time registration but required for ongoing compliance with payroll, income, and excise tax filings. No renewal, but must update IRS of changes.

Required for any business selling cigarettes, cigars, or vaping products. Must also comply with age verification and signage requirements.

Also known as an "Occupational License" or "Business Tax Receipt." Required by city/county before opening.

Requires grease trap installation, regular pumping, and proof of service. Part of fire and health code enforcement.

At least one employee (often manager) must be food safety certified. All staff should have basic training.

All Florida LLCs must file an annual report with the Division of Corporations. Failure to file by May 1 results in a late fee. If not filed within 6 months, the LLC may be administratively dissolved.

Restaurants must collect and remit sales tax on all taxable sales. The Florida general sales tax rate is 6%. Local surtaxes may apply. Filing frequency is assigned by the Department of Revenue based on volume.

Most restaurant LLCs are pass-through entities. If elected S-Corp or Partnership status, Form 1120-S or 1065 is due March 15. Extensions available via Form 7004.

Required for owners of LLCs taxed as sole proprietorships, S-Corps, or partnerships. Payments made via Form 1040-ES.

Employers must register within 7 days of hiring first employee. File Form RT-6 quarterly. New employers typically pay 2.7% for first 5 years.

Restaurants with 11 or more employees must maintain OSHA Form 300 (Log of Injuries), Form 301 (Incident Report), and post Form 300A annually. Most small restaurants are exempt.