The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: SB 1262
INTRODUCER: Senator Martin
SUBJECT: Requirements for Special Food Service Licenses
DATE: April 3, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1262 reduces the number of persons a special food service establishment licensee must be
equipped to serve meals at one time from 150 persons to 100 persons. The bill also decreases the
minimum square feet of service area required for a special food service establishment license
from 2,500 square feet of service area to 1,800 square feet of service area.
A special food service establishment license, known as an SFS license, is an exception to the
limit on the number of alcoholic beverage licenses for the sale of distilled spirits permitted per
county (quota licenses). Under current law, a special food service establishment must have at
least 2,500 square feet of service area, be equipped to serve 150 persons at one time, and derive
at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic
beverages, during the first 60-day operating period and each 12-month operating period
thereafter.
The bill takes effect July 1, 2023.
II. Present Situation:
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation (DBPR) administers and enforces the Beverage Law,
1
which
regulates the manufacture, distribution, and sale of wine, beer, and liquor.
2
The division is also
responsible for the administration and enforcement of tobacco products under ch. 569, F.S.
1
Section 561.02, F.S.
2
Section 561.01(6), F.S., provides that the “Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
REVISED: BILL: SB 1262 Page 2
Quota Licenses
Section 561.20(1), F.S., limits, by county, the number of alcoholic beverage licenses that may be
issued for the sale of distilled spirits, to one license per 7,500 residents within the county. These
limited alcoholic beverage licenses are known as “quota” licenses. New quota licenses are
created and issued when there is an increase in the population of a county. The licenses may also
be issued when a county initially changes its status from a county that does not permit the sale of
intoxicating liquor to one that permits such sale. The quota license is the only alcoholic beverage
license that is limited in number; all other types of alcoholic beverage licenses are available
without limitation. There are several exceptions for special licenses.
3
There are several
exceptions or exemptions to the limitation by local or special law.
4
Special Restaurant License
The limitation on the number of quota licenses per county does not apply to a food service
establishment that has at least 2,500 square feet of service area, is equipped to serve 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 60-day operating period and each 12-month
operating period thereafter.
5
This type of license is known as a “special food service
establishment license” or an “SFS license.”
6
Failure by a licensee to satisfy the requirements as to the percentages of food and nonalcoholic
beverages results in revocation of the SFS license. A licensee whose license is revoked is
ineligible to have an interest in a subsequent application for a license for 120 days after the
revocation.
7
The annual fee for an SFS license varies from $624 to $1,820, depending upon the population of
the county in which the food service establishment is located.
8
Off-Premises Sales by SFS Licensees
A food service establishment holding an SFS license issued after January 1, 1958, may not
operate a package store under the license and may not sell intoxicating beverages after the hours
of serving or consumption of food have elapsed.
3
See s. 561.20(2), (7), (9), and (11), F.S., and s. 565.02(2) through (11), F.S.
4
See s. 561.561.20(4), F.S., and the Section VII, Related Issues, of this analysis.
5
Section 561.20(2)(a)4., F.S. The required square footage and number of persons the restaurant must be equipped to serve
may be different for county or municipality jurisdictions due to special acts enacted by the Legislature that affect these
requirements for the county or municipality. For a list of the special act requirements for counties and municipalities,
including the applicable act in the Laws of Florida, see: Division of Alcoholic Beverages and Tobacco, General Laws of
Local Application and Special Acts, available at www.myfloridalicense.com/dbpr/abt/documents/GENLAWS.pdf (last
visited Mar. 31, 2023).
6
The SFS license was previously known as an “SRX” or “Special Restaurant License,” and these licenses are still commonly
referred to as “SRX” licenses.
7
Section 561.20(2)(a)4., F.S.
8
Section 565.02(1)(b)-(f), F.S. BILL: SB 1262 Page 3
However, an SFS licensee may sell manufacturer-sealed containers of beer and wine for off-
premises consumption. An SFS licensee may sell and deliver alcoholic beverage drinks in
containers sealed by the licensee, but is prohibited from selling bottles of distilled spirits for off-
premises consumption.
Alcoholic beverage drinks prepared by the licensee must be sealed by the licensee with an
unbroken seal that prevents the beverage from being consumed, and placed in a bag or other
container secured in such a manner that it is visibly apparent if the container has been opened or
tampered with. A dated receipt for the beverage and meal must be provided and attached to the
container. Alcoholic beverages prepared and sealed by the licensee that are delivered or
transported by motor vehicle must be placed in a locked compartment, locked trunk, or other
area behind the last upright seat of the motor vehicle.
Additionally, an SFS licensee who allows a person under 21 years of age to deliver an alcoholic
beverage on its behalf violates the prohibition against selling, giving, or serving alcoholic
beverages to a person under 21 years of age. An alcoholic beverage vendor or an agent or
employee of a vendor must verify that the person making a delivery of an alcoholic beverage is
at least 21 years of age.
III. Effect of Proposed Changes:
The bill amends s. 561.20(2)(a)4., F.S., to reduce the number of persons to which an SFS
licensee must be equipped to serve meals at one time from 150 persons to 100 persons. The bill
also decreases the minimum square feet of service area required for a special food service
establishment license from 2,500 square feet of service area to 1,800 square feet of service area.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: SB 1262 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Special food service licensees in several counties, cities, or districts are subject to special acts
that require a food service establishment to be equipped to serve meals at one time to more than
the 150 persons required under general law as a condition for the sale of alcoholic beverages.
9
For example, a licensee must be equipped to serve at one time 200 persons in Hendry County
10
and 250 persons in Lake County.
11
Other counties, cities, or districts permit the sale of alcoholic
beverages under an SFS license if fewer than 150 persons may be served at one time by the
establishment. Examples include service for 100 persons in Alachua and Hillsborough
counties,
12
and 80 persons in the City of Orlando’s “downtown restaurant area” and “main street
small restaurant incentive area.”
13
Several counties or cities are also subject to special acts that provide for fewer square feet of
service area than required under current law. For example, 1,800 square feet of service area in
Alachua County
14
and in the cities of Jacksonville and Kissimmee;
15
2,000 square feet of service
area in Highlands County;
16
and 1,500 square feet of service area in the City of St. Cloud.
17
Some jurisdictions are subject to a minimum square feet of service area that is greater than
9
DBPR, General Laws of Local Application and Special Acts Relating to Food Service Establishments, at:
http://www.myfloridalicense.com/dbpr/abt/documents/General_Laws_and_Special_Acts_for_Food_Service_Establishments.
pdf (last visited Mar. 22, 2023).
10
Chapter 71-660, Laws of Fla.
11
Chapter 2021-244, Laws of Fla., relating to Lake County.
12
Chapter 70-574, Laws of Fla., relating to Alachua County; and ch. 2016-264, Laws of Fla., relating to Hillsborough
County.
13
Chapter 65-1873, Laws of Fla., for the City of Orlando’s “downtown restaurant area,” and ch. 2021-265, Laws of Fla., for
the City of Orlando’s “main street small restaurant incentive area.”
14
Chapter 70-574, Laws of Fla., relating to Alachua County.
15
Chapter 2016-248, Laws of Fla., relating to the City of Jacksonville; and 2019-178, Laws of Fla., relating to the City of
Kissimmee.
16
Chapter 69-782, Laws of Fla.
17
Chapter 2019-182, Laws of Fla. BILL: SB 1262 Page 5
required under general law, e.g., 4,000 square feet of service area in Hendry, Osceola, Sumter,
Walton counties and the City of Maitland.
18
The bill does not affect counties, cities, or districts that are subject to special acts that provide
seating and square footage restrictions other than those provided under the bill.
19
VIII. Statutes Affected:
This bill substantially amends sections 561.20 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
18
Chapter 71-660, Laws of Fla., relating to Hendry County; ch. 69-793, Laws of Fla., relating to Osceola County; ch. 2021-
44, relating to Sumter County; and ch. 67-2164, Laws of Fla., relating to Walton County.
19
See s. 561.20(4), F.S.