Florida 2022 2022 Regular Session

Florida House Bill H1107 Analysis / Analysis

Filed 03/16/2022

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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DATE: 3/16/2022 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 1107    City of Inverness, Citrus County 
SPONSOR(S): McClain 
TIED BILLS:    IDEN./SIM. BILLS:   
 
 
 
 
FINAL HOUSE FLOOR ACTION: 106 Y’s 
 
1 N’s GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
HB 1107 passed the House on February 25, 2022, and subsequently passed the Senate on March 10, 2022. 
 
Florida’s Beverage Law places a limit on the number of “quota licenses” that the Department of Business and 
Professional Regulation (DBPR) may issue per county. A quota license allows a business to serve any 
alcoholic beverage regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law 
on the number of licenses it may issue for businesses that serve only malt beverages and wine. 
 
The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown 
Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for consumption on the 
licensed premises to receive a special permit during special events, approved or declared by the City of 
Inverness, to allow for the sale of alcoholic beverages in open containers for consumption off the licensed 
premises but still within the entertainment district. The special permit is only valid for the duration of each 
special event approved by the city manager. 
 
This bill does not appear to have a fiscal impact. 
 
Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law. 
    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Present Situation 
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and 
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation 
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state.
1
 
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law. 
 
Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses that 
sell malt beverages or wine. However, statute limits the number of licenses that may be issued under s. 
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses 
per county that has approved the sale of intoxicating liquors.
2
 This license, often referred to as a “quota 
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including 
liquor or distilled spirits.
3
 
 
There are several exceptions to the quota license limitation,
4
 and businesses that meet the 
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the 
business to serve any alcoholic beverages regardless of alcohol content. 
 
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed 
premises.
5
 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk 
or other outdoor area for special events.
6
 The business must pay an application fee of $100, stipulate 
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit 
written approval from the county or municipality. 
 
Effect of Proposed Changes 
The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown 
Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for 
consumption on the licensed premises to receive a special permit during special events, approved or 
declared by the City of Inverness, to allow for the sale of alcoholic beverages in open containers for 
consumption off the licensed premises but still within the entertainment district. The special permit is 
only valid for the duration of each special event approved by the city manager. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
                                                
1
 S. 561.02, F.S. 
2
 S. 561.20(1), F.S. 
3
 S. 565.02, F.S. 
4
 S. 561.20(2), F.S. 
5
 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a 
sidewalk or any other outside area as part of the licensed premise). 
6
 S. 561.01(11), F.S.   
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2. Expenditures: 
 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
None. 
 
C. ECONOMIC IMPACT STATEMENT FILED?     Yes [X]     No [] 
 
D. NOTICE PUBLISHED?     Yes [X]     No [] 
 
IF YES, WHEN? November 23, 2021. 
 
WHERE? The Citrus County Chronicle, a daily newspaper published at Crystal River, in 
Citrus County, Florida. 
 
E. REFERENDUM(S) REQUIRED?     Yes []     No [X] 
 
IF YES, WHEN?