This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1497b.RRS
DATE: 2/1/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1497 City of Jacksonville, Duval County
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
16 Y, 0 N Mwakyanjala Miller
2) Regulatory Reform Subcommittee Thompson Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Florida’s Beverage Law limits 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 and adds the Kings Avenue Commercial Corridor into the special zones created by special
laws located in downtown Jacksonville. The bill creates an exception to the quota limitation and requires DBPR
to issue a special food service license to a bona fide restaurant within Northside West, Northside East, and
Kings Avenue Commercial Corridor in Jacksonville that meets the following requirements: occupies at least
1,000 square feet of contiguous space, is equipped to serve meals to at least 50 persons at one time, and
derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic
beverages. Such licenses shall be subject to local zoning requirements and to any provision of the alcoholic
beverage laws of the state and rules of the division not inconsistent within the bill.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply. STORAGE NAME: h1497b.RRS PAGE: 2
DATE: 2/1/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
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 selling
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. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter.
5
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.
6
DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.
7
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 the Bill
The bill amends ch. 87-471, Laws of Florida,
8
and creates and adds the Kings Avenue Commercial
Corridor into the special zones located in downtown Jacksonville. The bill permits DBPR to issue a
special food service license to a bona fide restaurant within Northside West, Northside East, and Kings
Avenue Commercial Corridor in Jacksonville that occupies at least 1,000 square feet of contiguous
space, is equipped to serve meals to at least 50 persons at one time, and derives at least 51 percent of
its gross food and beverage revenue from the sale of food and nonalcoholic beverages. The bill
includes a complete legal description of the Kings Avenue Commercial Corridor and the area in which
the exemption to the quota license will apply. Licenses issued by DBPR shall be subject to local zoning
requirements and to any provision of the alcoholic beverage laws of the state and rules of the division
not inconsistent within the bill.
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
S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
6
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).
7
S. 561.01(11), F.S.
8
As amended by chs. 2011-255, 2016-248, and 2017-213, Laws of Fla. STORAGE NAME: h1497b.RRS PAGE: 3
DATE: 2/1/2022
According to the Economic Impact Statement, the bill is revenue positive due to the increase in sales
tax revenue and licensing revenue if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Amends ch. 87-471, Laws of Fla., as amended, creating and adding the Kings Avenue
Commercial Corridor to the special zones located in downtown Jacksonville; provides a
property description. Creates an exception to general law, providing space, seating and
minimum gross revenues requirements for special alcoholic beverage licenses for
restaurants within Northside West, Northside East, and Kings Avenue Commercial
Corridor in Jacksonville.
Section 2: Provides an effective date of upon becoming law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? November 10, 2021.
WHERE? The Jacksonville Daily Record, a weekly newspaper published in Duval County,
Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority or require executive branch rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.