This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0691c.RRS
DATE: 1/22/2024
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
Phelps 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 an exception to the quota limitation and requires DBPR to issue a special alcoholic beverage
license to a bona fide restaurant within the jurisdictional boundaries of the Town of Horseshoe Beach that
meets the following requirements:
Licensed by the Division of Hotels and Restaurants;
Occupies at least 1,700 square feet of contiguous space used as part of the food service
establishment;
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 during the first 60-day operating period each 12-month operating period
thereafter.
Such license is subject to revocation by the DBPR. If the DBPR revokes, or denies an application for a food
service alcohol license, the applicant cannot reapply for 120 days.
The bill takes effect upon becoming law.
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: h0691c.RRS PAGE: 2
DATE: 1/22/2024
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, the 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
There are several exceptions to the Beverage Law created by special laws, which are applicable to
specific local areas. Many reduce certain licensing requirements for special zones in local jurisdictions.
For example, ch. 2022-259, L.O.F., allows DBPR to issue an SFS license to restaurants within the
Kings Avenue Commercial Corridor in Jacksonville that:
Have 1,000 square feet;
Are equipped to serve 50 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.
Effect of the Bill
The bill permits DBPR to issue a special alcoholic beverage license to a bona fide restaurant within the
jurisdictional boundaries of the Town of Horseshoe Beach if it:
Is licensed by the Division of Hotels and Restaurants;
Occupies at least 1,700 square feet of contiguous space used as part of the food service
establishment;
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 during the first 60-day operating period each 12 -month operating
period thereafter.
A failure to meet the required 51 percent requirement shall result in the:
1
S. 561.02, F.S.
2
S. 561.20(1), F.S.
3
S. 561.20, 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. STORAGE NAME: h0691c.RRS PAGE: 3
DATE: 1/22/2024
Revocation of the license; or
Denial of the pending application of for a permanent license of a licensee operating with a
temporary license.
Any person required to qualify on the special food service alcohol license application is ineligible to
have any interest in a subsequent application for such license for 120 days after the date of the final
denial or revocation.
The bill takes effect upon becoming law.
B. SECTION DIRECTORY:
Section 1. Creates an exception to general law, providing space, seating and minimum gross revenues
requirements for special alcoholic beverage licenses for a bona fide restaurant within the Town of
Horseshoe Beach, Dixie County.
Section 2. Provides an effective date.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
IF YES, WHEN? October 26, 2023 & November 2, 2023.
WHERE? The Dixie County Advocate, a newspaper published at Cross City in Dixie
County.
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
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. STORAGE NAME: h0691c.RRS PAGE: 4
DATE: 1/22/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.