Division of Hotels and Restaurants

What to do if you receive an Administrative Complaint.

Read all documents carefully, paying particular attention to the deadline for returning the Election of Rights form. Returning the completed Election of Rights is your answer to the legal action and preserves your rights.

Florida law requires that you request a hearing within 21 days after receiving the Administrative Complaint or the right to a hearing is waived.

After returning the Election of Rights form, you may choose to call the settlement officer to discuss the violations and the settlement offer.

Administrative Complaints must be handled according to Chapter 120, Florida Statutes.

Settle without a hearing

• To accept a settlement offer, sign and return the Stipulation and Consent Order with the Election of Rights form. No hearing or discussion with the settlement officer is necessary if you decide to accept the fine and other conditions offered to settle the case.
• When the Director approves the settlement, the division will mail you the completed order with instructions for paying the fine.

Request a hearing

• Mark one of the hearing options on the Election of Rights form. Fax or mail this form within 21 days after you received the Administrative Complaint. Be sure to provide your mailing address and telephone numbers.
• The Office of General Counsel will mail you a notice of the hearing. The hearing may be by telephone or at a specific location. You may retain counsel or represent yourself at the hearing.
• After the hearing the division will mail you a Final Order. You can comply with that order or file an appeal within 30 days of the date on the order.

Compliance Summary

The Office of Compliance staff is dedicated to promoting compliance with cited violations and assisting licensees throughout the enforcement process. Other resources provided by the division include:

• Hospitality Education Program (800.704.1076) which provides free classes and materials on a variety of topics affecting the food service and lodging industries.
• Division Internet sites, particularly inspections and regulations.