This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0691e.SAC
DATE: 1/26/2024
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
13 Y, 0 N Phelps Anstead
3) State Affairs Committee Burgess Williamson
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 any 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 within DBPR.
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.
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.
The bill provides that failure of a licensee who is issued a special license to meet the food and nonalcoholic
beverage 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 result in an increase to revenues for local
businesses, and will have an indeterminate positive impact on the local government’s revenues due to
increased sales tax and licensing revenues associated with the issuance of special licenses 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: h0691e.SAC PAGE: 2
DATE: 1/26/2024
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, 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 act reducing certain licensing
requirements for special zones in local jurisdictions.
6
Effect of the Bill
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 if the restaurant:
Is licensed by the Division of Hotels and Restaurants within DBPR;
Occupies at least 1,700 square feet of contiguous space used as part of the food service
establishment;
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 during the first 60-day operating period and each 12 -month operating
period thereafter.
The bill provides that failure of a licensee, who is issued a special license, to meet the food and
nonalcoholic beverage 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
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.
6
See e.g. chs. 2021-265, Laws of Fla. (Orlando Main Street Small Restaurant Incentive Area) and 2023-342 (Dennis Street
Commercial Corridor, Downtown Incentive Zone in the City of Jacksonville Beach, and the North Florida Keys Corridor in Duval
County). STORAGE NAME: h0691e.SAC PAGE: 3
DATE: 1/26/2024
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 result in an increase to revenues for local
businesses, and will have an indeterminate positive impact on the local government’s revenues due to
increased sales tax and licensing revenues associated with the issuance of special licenses granted
under the exception.
B. SECTION DIRECTORY:
Section 1: Creates an exception to the quota limitation for bona fide restaurants within the Town of
Horseshoe Beach, Dixie County.
Section 2: 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 & 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 CHANGE S
None.