How to close a restaurant in Miami involves Florida state law, Miami-Dade County health department requirements, and city of Miami business tax obligations. Florida is generally more business-friendly than California or New York, but Miami's commercial real estate market is among the most competitive in the country, and lease exits require careful handling. Here is what Miami restaurant owners need to know.
Final Paycheck Requirements in Florida
Florida does not have a state law specifying when final paychecks must be issued. The default rule is that final paychecks are due on the next regular payday after termination. However, if your employment contracts or employee handbook specify a different timeline, those terms govern.
Florida does not require employers to pay out accrued vacation or PTO upon termination unless the employer's written policy promises it. If your employee handbook does not explicitly promise PTO payout at termination, you are not legally required to pay it.
The Florida Department of Economic Opportunity (floridajobs.org) handles wage claims. Florida's enforcement is less aggressive than California or Illinois, but unpaid wage claims can still result in double damages plus attorney fees under federal law.
Florida DBPR License Surrender in Miami
Florida liquor licenses are administered by the Florida Division of Alcoholic Beverages and Tobacco, which is part of the Department of Business and Professional Regulation (myfloridalicense.com). Miami restaurants surrender their license through the DBPR's online portal or by contacting the Miami district office.
Florida liquor licenses can be transferred to a buyer, and quota-limited license types (like SRX licenses in Miami-Dade County) can have significant secondary market value. Miami-Dade County has a quota system for certain license types, and a quota license in a high-traffic Miami location can be worth $50,000 to $150,000 on the secondary market. Before surrendering a Florida liquor license, consult with a liquor license broker.
Florida Sales Tax Final Return
Florida requires businesses to file a final sales tax return with the Florida Department of Revenue (floridarevenue.com) when closing. Miami-Dade County's combined sales tax rate is 7 percent (6 percent state plus 1 percent county surtax). Restaurants must remit all collected taxes before closing and cancel their Certificate of Registration.
Florida WARN Act
Florida does not have a state-level WARN Act. The federal WARN Act applies to employers with 100 or more full-time employees. Most independent Miami restaurants do not meet this threshold.
Miami Commercial Lease Law
Florida commercial leases require landlords to mitigate damages, similar to California. A Florida landlord must make reasonable efforts to find a new tenant rather than letting the space sit empty. This gives Miami restaurant owners more leverage in lease exit negotiations than Texas law would.
Miami's commercial real estate market is highly competitive, particularly in neighborhoods like Brickell, Wynwood, and South Beach. Landlords in these areas are generally willing to negotiate lease buyouts because re-tenanting a high-traffic Miami location is often faster than in other markets.
If you personally guaranteed your Miami lease, the landlord can still pursue you individually even with Florida's duty-to-mitigate rule. The Restaurant Landlord Negotiation guide covers the specific conversation to have before you default.
LLC Dissolution in Florida
If you operated your restaurant as a Florida LLC, you must file Articles of Dissolution with the Florida Division of Corporations (sunbiz.org). The filing fee is $25. You can file online through the Sunbiz portal.
Before filing for dissolution, you must pay all outstanding Florida taxes, including sales tax and any outstanding corporate income tax. Florida does not have a state income tax, but it does have a corporate income tax on LLCs that elect to be taxed as corporations.
Miami-Specific Closing Checklist
- Notify employees and pay final wages per your written policy or next regular payday
- File final Florida sales tax return and cancel Certificate of Registration with Florida DOR
- Evaluate Florida DBPR liquor license for transfer value before surrendering
- Notify Miami-Dade County Department of Health of closure and return health permits
- Cancel City of Miami business tax receipt (BTR)
- File Articles of Dissolution with Florida Division of Corporations
- Close business bank accounts after all checks have cleared
- Notify vendors and settle outstanding invoices
The Miami Lease Market
Miami's commercial real estate market has been one of the hottest in the country since 2020, with significant demand from new restaurant concepts entering the market. This works in your favor if you need to exit a lease -- a landlord who can quickly re-tenant your space at a higher rent has strong incentive to negotiate a buyout rather than pursue litigation. If you have more than 12 months remaining on your lease and a personal guarantee, getting a professional assessment of your exit options before you act is worth the cost.