This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1467z.LFS.DOCX
DATE: 5/15/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 1467 City of Kissimmee, Osceola County
SPONSOR(S): Arrington and others
TIED BILLS: IDEN./SIM. BILLS:
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
HB 1467 passed the House on April 27, 2023, and subsequently passed the Senate on May 4, 2023.
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 an overlay district in the City of Kissimmee known as the Vine Street Community
Redevelopment District. The bill creates an exception to the quota limitation and authorizes DBPR to issue a
special alcoholic beverage license to a bona fide restaurant in the Vine Street Community Redevelopment
District that meets the following requirements: occupies at least 1,800 square feet of contiguous space, is
equipped to serve meals to at least 80 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 provides that failure of a licensee to meet the required percentage of food and nonalcoholic beverage
gross revenue during the covered operating period will result in the revocation of the license or denial of the
pending application for a permanent license of a licensee operating with a temporary license. A licensee whose
license is revoked, an applicant whose pending application for a permanent license is denied, or any person
required to qualify for the license application is ineligible to have any interest in a subsequent license
application for a period of 120 days after the date of the final denial of revocation.
According to the Economic Impact Statement, the bill will result in an increase in sales tax revenue and
licensing revenue to the extent special licenses are granted under the exception.
Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law.
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DATE: 5/15/2023
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 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 creates an overlay district in the City of Kissimmee known as the Vine Street Community
Redevelopment District and provides a legal description of the area.
The bill permits DBPR to issue a special alcoholic beverage license to a bona fide restaurant in the
Vine Street Community Redevelopment District that meets the following requirements: occupies at least
1,800 square feet of contiguous space, is equipped to serve meals to at least 80 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 provides that failure of a licensee who is issued a special license to meet the gross revenue
requirement during the covered operating period will result in the revocation of the license or denial of
the pending application for a permanent license of a licensee operating with a temporary license. A
licensee whose license is revoked, an applicant whose pending application for a permanent license is
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.
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denied, or any person required to qualify for the special license application is ineligible to have any
interest in a subsequent license application for a period of 120 days after the date of the final denial or
revocation.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
According to the Economic Impact Statement, the bill will result in an increase in sales tax revenue
and licensing revenue to the extent special licenses are granted under the exception.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
According to the Economic Impact Statement, the bill will result in an increase in sales tax revenue
to the extent special licenses are granted under the exception.
2. Expenditures:
None.
C. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
D. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? January 26, 2023
WHERE? The Osceola News-Gazette, a twice-weekly newspaper published in Osceola
County.
E. REFERENDUM(S) REQUIRED? Yes [] No [X]