Overview of Licensing and Zoning
Business Licensing & Zoning
Steps to Licensing Your Central Florida Business Successfully
***It is recommended that you consult with an Attorney and Accountant to ensure you fully understand the liability and implications.***
It is highly likely that you need to acquire a Business Tax Receipt (license to operate locally within the county, city, and/or town) from both your city and county within the State of Florida. These are renewed annually.
Reach out to your local government agencies directly if you are unsure.Ensuring your business is properly licensed from the begging will save you time and money in the long run. Operating an unlicensed business can result in multiple fines. Careful consideration must be given to the management, structural and tax implications of your business and to ensure the name you select is not already in use or trademarked by another entity. You may need to obtain several licenses / business tax receipts to operate your particular business based on your location.
One common misconception of home-based or mobile businesses is that they do not require licenses. That is false!
Cities and counties have a detailed set of zoning requirements in place which determine appropriate locations for different business types. Before deciding upon a property location, it’s best to determine if the zoning of that property is appropriate for your business.
Note: Checking the zoning of a property prior to signing a lease or purchase will help minimize any possible delays, costs, or the inability to use the property due to improper zoning.
When choosing a location for your business you want to be sure it is properly zoned for the type of business you wish to locate there. Contact the permitting office of your city and/or county where the property is located to find zoning restrictions. This is critical in obtaining your business tax receipt.
Permitted Use
Each zoning district is accompanied by a list of specific uses that have been determined as suitable for that district. These permitted uses refer to the business types that are most appropriate for the area according to the amount of traffic they generate, the surrounding uses, and the type of density.
Conditional Use
The regulations for each zoning district also contain a list of conditional uses (though not particularly well suited for that zoning, may be allowed on a case-by- case basis).
This process requires an application for conditional use to be submitted and reviewed and a public hearing in order to be approved. Here is a list of the business types that most often need a Conditional Use:
- Automobile sales
- Gasoline service stations
- Temporary labor services
- Secondhand merchandise
- Outdoor activities
- Offices in a RB-2 district
- Outdoor storage
- Car washes
- Self-storage facilities
- Churches/schools
- Day care facilities
- Communication towers
Taxation for small businesses can be very confusing depending on the size and scale of the business. The tax liability for each business will be different based on the type of business and the corporate structure.
As an employer, you may be responsible for withholding money for unemployment insurance and worker’s compensation insurance. Additionally, any state sales taxes collected need to be sent to the state monthly.
For further information on these topics, contact the offices below directly.
- Federal Identification Numbers (EINs) contact the Internal Revenue Service or call (800) 829-4933.
- State Sales Tax and State Withholding Tax contact the State Department of Revenue.
The type of business will determine what the requirements are for registering with the State. Depending on your industry, the State may require additional licenses or additional documentation.
Sunbiz.org – To establish and file a Corporation, LLC, LLP, or Limited Partnership (Incorporation, Regulation, fictitous name registration, annual report filing, etc) in the State of Florida. While not a replacement for legal or tax advice, it can provide helpful information for selecting a business name, and establishing a corporation. You can also do quick name or trademark searches within the State of Florida.
Florida Department of Business and Professional Regulation – Some regulated services/businesses and professional licensing have special licensing requirements regulated by the state.
• Daycares, Preschools and Adoption agencies – the Florida Department of Children and Families 407-317-7000 or 850-300-4323 – www.myflfamilies.com
• Restaurants, Alcohol sales, and Mobile/Perishable Food Carts – the Department of Business and Professional Regulations- Division of Hotel and Restaurant Commission 850-487-1395 – www.myfloridalicense.com
• Convenience/Grocery Stores, Health Clubs, Automotive Repair, Travel Agencies, Moving Companies – Department of Agriculture and Consumer Services 1-800-435-7352 – www.fdacs.gov
• Salons, Accounting, Real Estate, or Construction Industry Professions – the Department of Business and Professional Regulations 850-487-1395 – www.myfloridalicense.com
• Finance, Investments, Mortgage, and Banking Professions – The Office of Financial Regulation 850-487-9687 – www.flofr.gov
To register a business name for a sole proprietorship or general partnership: Contact your local county recorder where you intend to do business.
Employers with employees, business partnerships, and corporations must obtain an Employer Identification Number (EIN) from the U.S. Internal Revenue Service after registering with the state. Even if you are a sole proprietor and don’t have employees, it is still good practice to obtain an EIN.
If you decide to incorporate you will need to register with the State of Florida and obtain an Employer Identification Number (EIN) from the Federal Government.