Florida 2023 2023 Regular Session

Florida House Bill H1467 Enrolled / Bill

Filed 05/05/2023

                             
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HB 1467  	2023 Legislature 
 
 
 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
      1 
An act relating to the City of Kissimmee, Osceola 2 
County; creating an overlay district; providing a 3 
short title; providing boundaries; providing an 4 
exception to general law; requiring the Division of 5 
Alcohol Beverages and Tobacco of the Department of 6 
Business and Professional Regulation to issue special 7 
alcohol beverage license to certain restaurant 8 
establishments meeting specified space, seating, and 9 
minimum gross revenues requirements; providing 10 
penalties for any licensee that fails to meet such 11 
requirements; prohibiting subsequent licensure 12 
application for a specified period; providing an 13 
effective date. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  There is created an overlay district in the 18 
City of Kissimmee known as the Vine Street Community 19 
Redevelopment District, more particularly described as follows: 20 
 21 
A parcel of land lying within Sections 13 & 24, 22 
Township 25 South, Range 28 East, Sections 14 through 23 
23, Township 25 South, Range 29 East, Osceola County, 24 
Florida; all Plat Book and Pages and Official Record 25           
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HB 1467  	2023 Legislature 
 
 
 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
Book and Pages referenced within this legal are all 26 
found in the Public Records of Osceola County, 27 
Florida; and being more particularly described as 28 
follows: 29 
Begin at the Northeast corner of Lot 2, VALENCIA PARK, 30 
Plat Book 7, Page 101; thence East, along the Easterly 31 
extension of the North line of said Lot 2 to the East 32 
Right of Way line of Denn John Lane; the nce South 33 
along the East Right of Way line of Denn John Lane to 34 
the South line of WINDSOR OAKS, Plat Book 8, Page 42; 35 
thence departing said East line, run East, along the 36 
South line of WINDSOR OAKS and the South Right of Way 37 
line of Columbia Avenue, as sho wn on SPRINGTREE 38 
CROSSING, Plat Book 5, Page 25 to the East line of 39 
Section 14, Township 25 South, Range 29 East; thence 40 
departing said South Right of Way line, run South 41 
along said East line to the North Right of Way line of 42 
Old Boggy Creek Road; thence d eparting said East line, 43 
run West, along said North Right of Way line, to a 44 
point being due North of the West boundary line of the 45 
Osceola Memorial Gardens as described in the Warranty 46 
Deed recorded in Official Records Book 261, Page 763; 47 
thence departing said North Right of Way line, run 48 
South, along the West boundary line of said deed and 49 
its Southerly extension, to the Southerly Right of Way 50           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
line of US Highway 441 and 192; thence Northwesterly, 51 
along said Southerly Right of Way line, to a point on 52 
the East boundary line of Parcel 1D as described in 53 
Warranty Deed recorded in Official Records Book 4401, 54 
Page 164, said line, also labeled as Osceola County 55 
Property Appraisers Parcel ID as 23 -25-29-00U0-0058-56 
0000, thence departing said Southerly Right of Way 57 
line, run Southwesterly, along said East boundary 58 
line; thence West, along said South, boundary line, to 59 
a point on the East line of Osceola County Property 60 
Appraisers Parcel ID 23 -25-29-00U0-0050-0000; thence 61 
South, along said East line, to the South line of the 62 
Northeast ¼ of the Northeast ¼ of Section 23, Township 63 
25 South, Range 29 East; thence West, along said South 64 
line, said line, also being the South line of 65 
NORTHSHORE PLAZA REPLAT, Plat Book 23, Page 121, to a 66 
point on the West line of said NORTHSHO RE PLAZA 67 
REPLAT; thence North, along said West line, to a point 68 
on the South line of Lot 5, Block I, KISSIMMEE 69 
GARDENS, Plat Book 1, Page 32; thence departing said 70 
West line, run West, along said South line, to a point 71 
on the West line of said Block I; the nce North, along 72 
said West line, to a point on the South Right of Way 73 
line of U.S. Highway No. 441 and 192, thence West, 74 
along said South Right of Way line, to a point on the 75           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
East boundary line of a Warranty Deed recorded in 76 
Official Records Book 4317, Pag e 1737 said point also 77 
being the West line of Mill Slough Canal; thence 78 
departing said South Right of Way line, run 79 
Southwesterly, along the West line of Mill Slough 80 
along the following Official Records Book 4317, Page 81 
1737; Book 1719, Page 922 and Book 12 39, Page 2698, to 82 
a point on the East line of MILL CREEK MALL, Plat Book 83 
11, Pages 104-105; thence Southwesterly, along the 84 
boundary of said MILL CREEK MALL, to the intersection 85 
of the West line of Mill Slough and MILL CREEK MALL, 86 
said point also being the Easterly boundary line of a 87 
Quit Claim Deed recorded in Official Records Book 943, 88 
Page 1452; thence departing said MILL CREEK MALL 89 
boundary line, run Southwesterly, along said East 90 
boundary line of said deed, to the Government Meander 91 
line of Lake Tohopekaliga; thence Northwesterly along 92 
said Government Meander line to the West line of 93 
Section 23, Township 25 South, Range 29 East; thence 94 
North along said West line to the Easterly Right of 95 
Way line Oak Street; thence Southwesterly along said 96 
Easterly Right of Way line to a point on the East 97 
boundary line of a Special Warranty Deed recorded in 98 
Official Records Book 3722, Page 995; thence South 99 
along said East boundary line to the Government 100           
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
Meander line; thence Southwesterly along said 101 
Government Meander lin e to the East boundary line of 102 
said Special Warranty Deed recorded in Official 103 
Records Book 1165, Page 2403; thence North along said 104 
East boundary line to the South Right of Way line of 105 
Oak Street; thence North to the Southeast corner of 106 
Tract C, HERITAGE SQUARE, Plat Book 5, Page 58; thence 107 
West along the North Right of Way line of Oak Street 108 
to the East Right of Way line of the Central Florida 109 
Commuter Rail Transit - SunRail; thence departing said 110 
North Right of Way line, run Northerly along said East 111 
Right of Way line to the intersection of the North 112 
Right of Way line of Vine Street/U.S. Highway No. 441 113 
and 192 with the East Right of Way line said Central 114 
Florida Commuter Rail Transit - SunRail; thence 115 
departing said East Right of Way line, run Westerly 116 
along said North Right of Way line to the West Right 117 
of Way line of Central Avenue; thence departing said 118 
North Right of Way line, run South, along said West 119 
Right of Way line to the North Right of Way line of 120 
Oak Street; thence departing said West Right of Way 121 
line, run West, along said North Right of Way line to 122 
the East Right of Way line of Mann Street; thence 123 
departing said North Right of Way line, run 124 
Southwesterly to the Northeast corner of Lot 1, Block 125           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
A, PALM PARK, Plat Book 1, Page 127, said point a lso 126 
being on the South Right of Way line of Oak Street; 127 
thence West, along said South Right of Way line to the 128 
West Right of Way line of Dyer Boulevard; thence 129 
North, along said West Right of Way line to the South 130 
line of Lots 13 & 14, KISSIMMEE EXECUTIVE PARK, Plat 131 
Book 2, Page 206; thence departing the West Right of 132 
Way line, run West, along said South line to the East 133 
Right of Way line of Collins Drive; thence departing 134 
said South line, run South, along said East Right of 135 
Way line to the North line of T & H HOLDINGS, Plat 136 
Book 20, Page 117; thence departing said East Right of 137 
Way line, run West, along said North line to the East 138 
line of Lot 2, GASPERONI CENTER PHASE 2, Plat Book 13, 139 
Page 49; thence South, along said East line to the 140 
Southeast corner of sa id Lot 2; thence departing said 141 
East line, run West, along said South line to the West 142 
Right of Way line of Armstrong Boulevard; thence 143 
departing said South line, run North, along said West 144 
Right of Way line to a point on the South line of 145 
lands described in Warranty Deed recorded in Official 146 
Records Book 5911, Page 426; thence departing said 147 
West Right of Way line, run West, along the South line 148 
of said Warranty Deed recorded in Official Records 149 
Book 5911, Page 426 to the West boundary line of said 150           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
lands; thence departing said boundary line, run the 151 
following six (6) courses and distances according to 152 
the Special Warranty Deed recorded in Official Records 153 
Book 2617, Page 962; thence West, along the North line 154 
of a parcel of land described in Official Record s Book 155 
258, Page 132, a distance of 144.65 feet; thence 156 
South, along the North line of a parcel described in 157 
Official Records Book 258, Page 132, a distance of 158 
91.00 feet; thence S58°27'55"W, along the North line 159 
of a parcel described in Official Records B ook 258, 160 
Page 132, a distance of 258.12 feet; thence West, 161 
along the North line of a parcel described in Official 162 
Records Book 258, Page 132, a distance of 115.00 feet; 163 
thence S59°02'10"W, along the North line of a parcel 164 
described in Official Records Book 258, Page 132, a 165 
distance of 174.93 feet; thence West, along the North 166 
line of a parcel described in Official Records Book 167 
258, Page 132, a distance of 40.57 feet to the East 168 
Right of Way line of Hoagland Boulevard; thence 169 
continue West along the Westerly extension of said 170 
South line to the West Right of Way line of said 171 
Hoagland Boulevard; thence Northerly, along said West 172 
Right of Way line to the North Right of Way line 173 
McClellan Street; thence departing said West Right of 174 
Way line, run West, along the N orth Right of Way line 175           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
of said McClellan Street to the East line of the lands 176 
described in Warranty deed recorded in Official 177 
Records Book 2987, Page 57; thence departing said 178 
North Right of Way line, run North, along said East 179 
line to the North line of th e North line of the South 180 
½ of the Northwest ¼ of the Northeast ¼ of said 181 
Section 19 as described in said Official Records Book 182 
2987, Page 57; thence departing said East line, run 183 
West, along said North line to the West line of lands 184 
described in Official Records Book 822, Page 2934; 185 
thence departing said North line, run South, along 186 
said West line to the North line of McClellan Street; 187 
thence departing said West line, run West, along the 188 
Westerly extension of the North line of McClellan 189 
Street to the East line of the Northwest ¼ of 190 
aforesaid Section 19; thence departing the North line 191 
of said Westerly extension of the North Right of Way 192 
line of McClellan Street, run North, along said East 193 
line to the South Right of Way line U.S. Highway No. 194 
441 and 192; thence departing said East line, run 195 
West, along said South Right of Way line to the West 196 
line of the Northeast ¼ of the Northwest ¼ of said 197 
Section 19; thence departing said South Right of Way 198 
line, run South, along said West line to the North 199 
line of PARADISE COVE, Plat Book 16, Page 97; thence 200           
ENROLLED   
HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
departing said East line, run West, along said North 201 
line to the West Right of Way line of Bass Road; 202 
thence departing said North line, run North, along 203 
said West Right of Way line to the South line of 204 
KISSIMMEE CHICK-FIL-A REPLAT, Plat Book 22, Page 46; 205 
thence departing said East Right of Way line, run 206 
West, along the South line of said Easterly extension 207 
and South line of the said KISSIMMEE CHICK -FIL-A 208 
REPLAT and the South line of KISSIMMEE WAL -MART #817, 209 
Plat Book 9, Page 3 to the Southwest Corner of said 210 
KISSIMMEE WAL-MART #817; thence departing said South 211 
line, run North, along the West line of said KISSIMMEE 212 
WAL-MART #817 to a point on the South Right of Way 213 
line of Oren Brown Road; thence departing said West 214 
line, run West, along said South Right of Way line to 215 
the East Right of Way line of South Roma Way; thence 216 
departing said East Right of Way line, run 217 
Northwesterly to the West line of MEDIEVAL TIMES, Plat 218 
Book 18, Page 22, said point also being the West line 219 
of the Southwest ¼ of the Southeast ¼ of Section 13, 220 
Township 25 South, Range 28 East, said point also 221 
being on the North Right of Way line of Oren Brown 222 
Road; thence departing said North Right of Way line, 223 
run North, along said West line, to a point on the 224 
South line of the North 934.00 feet of the Northwest ¼ 225           
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HB 1467  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
of the Southeast ¼ of said Section 13 as referenced in 226 
Official Records Book 6100, Page 1632; thence East, 227 
along said South line, to a point on the Westerly 228 
Right of Way line of U.S. Highway 192 -State Road 530; 229 
thence Southerly and Easterly, along said Westerly and 230 
Southerly Right of Way line to a point being the 231 
Southerly extension of the West boundary line as 232 
described in Warranty Deed recorded in Official 233 
Records Book 1664, Page 842; thence North, a long said 234 
West boundary line, to the North line of said 235 
described lands; thence East, along said North 236 
boundary line, to the East line of said described 237 
lands; thence South, along said East boundary line, to 238 
the South Right of Way line of U.S. Highway 192 -State 239 
Road 530, said point being a Southerly extension of 240 
the East boundary line of said deed; thence departing 241 
said East line, run East, along said South Right of 242 
Way line to the East line of said Section 13; thence 243 
departing said South Right of Way line, run North, 244 
along said East line, to a point on the North Right of 245 
Way line of U.S Highway 192 -State Road 530, said point 246 
also being a Westerly extension of the South line of 247 
CALOIARO COMMERCE CENTER, Plat Book 22, Page 35; 248 
thence departing said East line, run East, along said 249 
North Right of Way line and said South line, to a 250           
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HB 1467  	2023 Legislature 
 
 
 
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
point on the West line of KISSIMMEE OAKS A REPLAT, 251 
Plat Book 9, Page 86; thence departing said North 252 
Right of Way line, run thence Northwesterly, along 253 
said West line, to a point on th e Southerly line of 254 
CITRUS ESTATES, Plat Book 4, Page 68; thence 255 
Southwesterly, along said Southerly line, to a point 256 
on the East Right of Way line of Old State Road 257 
530/Old Vineland Road; thence Northwesterly, along 258 
said East Right of Way line, to the Nor therly line of 259 
said CITRUS ESTATES; thence departing said East Right 260 
of Way, run Easterly, along the North line of CITRUS 261 
ESTATES, to the East line of Section 13, Township 25 262 
South, Range 28 East; thence North, along said East 263 
line, to a point on the North boundary line of a 264 
Warranty Deed recorded in Official Records Book 5983, 265 
Page 2414; thence the following two (2) courses and 266 
distances, as described in said Warranty Deed; thence 267 
East, a distance of 218.17 feet; thence S32°34'East, a 268 
distance of 401.80 fe et to the Northeast corner of Lot 269 
1, KISSIMMEE OAKS A REPLAT, Plat Book 9, Page 86; 270 
thence Southeasterly, along the East line of said Lot 271 
1 to a point on the North boundary line of a Special 272 
Warranty Deed recorded in Official Records Book 6183, 273 
Page 1536; thence N85°25'12"East, along the South line 274 
of Yates lands, 789.39 feet to the Westerly line of 275           
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
Yates Road (as described in Official Records Book 276 
6183, Page 1536); thence departing said Westerly Right 277 
of Way line, continue Easterly to the East Right of 278 
Way line of Yates Road; thence North, along said East 279 
Right of Way line to the North line of the South ½ of 280 
the Northwest ¼ of the Southeast ¼ of the Southwest ¼ 281 
of Section 18, Township 25 South, Range 29 East, as 282 
referenced in Official Records Book 3371, Pag e 2063; 283 
thence departing said East Right of Way line, run 284 
East, along said North line to the West line of the 285 
Northeast ¼ of the Southeast ¼ of the Southwest ¼ of 286 
said Section 18; thence departing said North line, run 287 
North, along said West line to the Nor th line of the 288 
Northeast ¼ of the Southeast ¼ of the Southwest ¼ of 289 
said Section 18; thence departing said West line, run 290 
East, along said North line to the West line of Tract 291 
B, SHINGLE CREEK PLAZA, Plat Book 7, Page 2; thence 292 
departing said North line, r un Northerly, along the 293 
West line of said Tract B to the Northwest corner of 294 
said Tract B; thence departing said West line, run 295 
Easterly and Southerly, along the North line Tract B 296 
to the East line of Tract B and West line of Lot 3, 297 
SHINGLE CREEK PLAZA; th ence departing said North Line 298 
of Tract B, run South, along said West line of Lot 3 299 
to the South line of said Lot 3; thence departing said 300           
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
West line, run East, along said South line to the West 301 
line of FOXHALL PHASES 1, 2, & 3, according to 302 
Official Records Book 710, Page 574 and Official 303 
Records Book 754, Page 1102; thence continue East, 304 
along said South line of FOXHALL PHASES 1, 2, & 3 to 305 
the West Right of Way line of Hoagland Boulevard; 306 
thence departing said West Right of Way line, run 307 
Northeasterly to the Southwest corner of Lot 10, 308 
OSCEOLA SQUARE, Plat Book 4, Page 146, said point also 309 
being the intersection of the East Right of Way line 310 
of Hoagland Boulevard and the North Right of Way line 311 
of Columbia Avenue; thence departing said East Right 312 
of Way line, run Easterly, along the North Right of 313 
Way line of Columbia Avenue to the West line of CROSS 314 
ROADS PLAZA, Plat Book 20, Page 70; thence departing 315 
said North Right of Way line, run North, along said 316 
West line to the North line of said CROSS ROADS PLAZA; 317 
thence departing said West line, run East, along said 318 
North line to the East Right of Way line of Thacker 319 
Avenue; thence departing said North line, run South, 320 
along said East Right of Way line to the North Right 321 
of Way line of Columbia Avenue; thence run E asterly, 322 
Northerly & Easterly, along said North Right of Way 323 
line of Columbia Avenue to a point on the East Right 324 
of Way line of Main Street; thence South, along said 325           
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
East Right of Way line to the North Right of Way line 326 
of Columbia Avenue; thence departin g said East Right 327 
of Way line, run East, along said North Right of Way 328 
line to the West Right of Way line of Michigan Avenue; 329 
thence departing said West Right of Way line, run 330 
Southeasterly to a point on the East Right of Way line 331 
of Michigan Avenue, said point also being the 332 
Northwest corner of lands described in Official 333 
Records Book 257, Page 434; thence departing said East 334 
Right of Way line, run East, along the North line of 335 
said lands described in Official Records Book 257, 336 
Page 434, said North line al so being the South line of 337 
the North ½ of the Southwest ¼ of Section 14, Township 338 
25 South, Range 29 East; thence continue East, along 339 
the South line of the North ½ of the Southwest ¼ of 340 
said Section 14 to the Southwest corner of Tract C, 341 
PEBBLE CREEK ADDITION, Plat Book 4, Page 178; thence 342 
continue East, along the South line of said Tract C to 343 
the Southeast corner of said Tract C, said point also 344 
being the West line of VALENCIA PARK, Plat Book 7, 345 
Page 101; thence run Northerly, along the West 346 
boundary line of said VALENCIA PARK to the North line 347 
of said VALENCIA PARK; thence departing said West 348 
boundary line, run East, along said North line to the 349 
Northeast corner of Lot 2, VALENCIA PARK; thence 350           
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F L O R I D A H O U S E O F R E P R E S E N T A	T I V E S 
 
departing said North line, run Southerly and Easterly 351 
along the boundary of said Lot 2 to the Point of 352 
Beginning. 353 
 354 
 Section 2.  Notwithstanding s. 561.20(1), Florida Statutes, 355 
the Division of Alcoholic Beverages and Tobacco of the 356 
Department of Business and Professional Regulation shall issue a 357 
special alcoholic be verage license to a bona fide restaurant in 358 
the Vine Street Community Redevelopment District described in 359 
section 1 that is licensed by the division, occupies at least 360 
1,800 square feet of contiguous space, is equipped to serve 361 
meals to at least 80 persons at one time, and derives at least 362 
51 percent of its gross food and beverage revenue from the sale 363 
of food and nonalcoholic beverages during the first 60 -day 364 
operating period and each 12 -month operation period thereafter. 365 
Failure of any licensee issued a s pecial license to meet the 366 
required percentage of food and nonalcoholic beverage gross 367 
revenue during the covered operating period shall result in the 368 
revocation of the license or denial of the pending application 369 
for a permanent license of a licensee oper ating with a temporary 370 
license. A licensee whose license is revoked, or an applicant 371 
whose pending application for a permanent license is denied, or 372 
any person required to qualify on the special alcoholic beverage 373 
license application, is ineligible to have any interest in a 374           
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subsequent license application for such license for a period of 375 
120 days after the date of the final denial or revocation. 376 
 Section 3.  This act shall take effect upon becoming a law. 377