Florida dogs on restaurant patios: the section 509.233 permit

A Florida restaurant may allow patrons' dogs in a designated outdoor dining area only if its city or county has adopted an ordinance under section 509.233 and the restaurant holds a permit from that local government. The law is optional for local governments, so some places allow it and others do not. The permit comes with conditions on leashes, hand washing, signs and cleaning.

Can every Florida restaurant allow dogs outside?

No. Local governments may, but are not required to, adopt an ordinance allowing dogs in the designated outdoor portions of public food service establishments. The statute says nothing in the section compels a local governing body to adopt one. The ordinance must be written into the local land development code. If your city has not adopted one, the answer for your patio is no.

The exemption is a variance from certain parts of the FDA Food Code concerning dogs in those outdoor areas. It does not let a dog into the kitchen or the dining room.

What does the permit application include?

Establishments must apply for and receive a permit from the local government before allowing dogs. At minimum, the application includes:

• The establishment's name, location and mailing address.
• The applicant's name, mailing address and phone number.
• A to-scale diagram and description of the designated area, with dimensions, table and chair layout, entrances and exits, boundaries, barriers and nearby property lines and rights-of-way.
• The days and hours dogs will be permitted.

Local governments can ask for more. A permit cannot be transferred and expires automatically when the establishment is sold, so a new owner must apply again.

What conditions must you follow?

The statute sets required conditions:

1. Employees must wash their hands after handling dogs and may not handle dogs while serving food, handling tableware or entering other areas.
2. Waterless hand sanitizer must be available at every table in the designated area.
3. Dogs must not contact serving dishes, utensils, linens or food-related items.
4. Dogs must be leashed at all times and kept under reasonable control.
5. Dogs cannot be on chairs, tables or other furnishings.
6. Tables and chairs must be sanitized between seatings, and spilled food and drink removed from the floor or ground.
7. Dog waste accidents must be cleaned and sanitized immediately, with a cleanup kit kept nearby.
8. Signs must tell staff, patrons and the public the rules and that the area is available for patrons and their dogs.

How should the patio be laid out?

Dogs cannot pass through indoor areas or non-designated outdoor areas, and access to the designated area cannot require entering the indoor establishment. That means the patio needs its own entrance from the street or sidewalk. If guests must walk through your dining room to reach the patio, it does not qualify, and a redesign or a gate may be the answer.

Who enforces the rules?

Local governments have the powers reasonably necessary to enforce the section, monitor permit holders in cooperation with the state division and run a complaint procedure. They report complaints and responses to the Division and send it copies of approved applications and permits, and permits must include the Division-issued license number for each establishment. Expect your city to follow up on a complaint, and keep a record of how you resolved it.

What does it mean for your business?

Dog-friendly patios can draw regulars, but the conditions add cost and work: sanitizer at every table, a cleanup kit, signs and extra cleaning between seatings. Decide whether your volume justifies it. Train staff on the hand-washing rule in particular, because a server who pets a dog and then carries a plate is the most likely violation.

What about service animals?

The permit covers pet dogs. Service animals are covered by separate federal and state disability laws and are not limited to a designated patio. Ask an attorney how those laws apply to your dining room before you set a policy.

What does the daily routine look like?

Open the patio by checking that the signs are up, sanitizer pumps are full at every table and the cleanup kit is stocked. Brief the server on the patio about the hand-washing rule: after touching a dog, wash before handling plates or glasses. When a party with a dog is seated, offer a water bowl only if your policy allows it, and place it away from walkways. If a dog barks, growls or leaves the leash, ask the owner to deal with it or leave; the statute requires dogs to be under reasonable control.

When the party leaves, sanitize the table and chairs before the next seating and clear spilled food or drink from the ground. Keep a short log of cleaning times for the busy shifts, which helps if a complaint comes in.

How do you handle complaints and allergies?

Some guests are afraid of dogs or allergic to them. Seat them away from the dog tables when you can, and put a line on your reservation page saying the patio allows dogs. If a guest complains, record it, respond quickly and keep a note of what you did, because the local government must log complaints and report them to the state division. A restaurant with a tidy record is better placed if its permit is reviewed.

More guides for your business:

• Florida restaurant inspections and the food service license
• Florida food truck license and local rules
• Florida restaurant liquor license: quota licenses and the SRX

More in the US guides for food businesses.