This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0691b.LFS
DATE: 1/10/2024
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 691 Town of Horseshoe Beach, Dixie County
SPONSOR(S): Shoaf
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N Burgess Darden
2) Regulatory Reform & Economic Development
Subcommittee
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 an exception to ch. 561, F.S., permitting DBPR to issue a special alcoholic beverage license to
any bona fide restaurant located within the jurisdictional boundaries of the Town of Horseshoe Beach in Dixie
County that meets the following requirements: occupies at least 1,700 square feet of contiguous space, is
equipped to serve meals to 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 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 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.
According to the Economic Impact Statement, the bill will increase revenues for local businesses, which would
have an indeterminate positive impact on revenue due to increased sales tax and licensing revenue if such
special licenses are granted under the exception.
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: h0691b.LFS PAGE: 2
DATE: 1/10/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED 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 Proposed Changes
The bill creates an exception to ch. 561, F.S. permitting DBPR to issue a special alcoholic beverage
license to any bona fide restaurant located within the jurisdictional boundaries of the Town of
Horseshoe Beach in Dixie County that meets the following requirements: occupies at least 1,700
square feet of contiguous space, is equipped to serve meals to 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 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
denied, or any person required to qualify for the special license application is ineligible to have any
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. STORAGE NAME: h0691b.LFS PAGE: 3
DATE: 1/10/2024
interest in a subsequent license application for a period of 120 days after the date of the final denial or
revocation.
According to the Economic Impact Statement, the bill will increase revenues for local businesses, which
would have an indeterminate positive impact on revenue due to increased sales tax and licensing
revenue if such special licenses are granted under the exception.
B. SECTION DIRECTORY:
Section 1: Creates an exception to general law for restaurants in the Town of Horseshoe Beach.
Section 3: Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? October 26, 2023 and November 2, 2023
WHERE? The Dixie County Advocate, a weekly newspaper of general circulation published
in Dixie 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.