This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1123.RRS
DATE: 2/4/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1123 Unlawful Sale Of Alcoholic Beverages
SPONSOR(S): Bankson and others
TIED BILLS: IDEN./SIM. BILLS: SB 1090
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Phelps Hamon
2) Judiciary Committee
3) Commerce Committee
SUMMARY ANALYSIS
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. Any person who
wishes to sell alcohol must file an application with the Division, and contingent on approval, will be issued a
license. It is unlawful for any person to sell alcoholic beverages without a license from the Division and to sell
in a manner not permitted by her or his license. A person who violates this obligation is guilty of a
misdemeanor and subject to criminal penalties.
Local governments can establish a nuisance abatement board to hear public nuisance complaints and impose
administrative actions to address these public nuisances. Additionally, specified criminal activities may be
declared to be a public nuisance and such nuisance may be abated by order of a nuisance abatement board.
Communities across the state deal with illicit After Hour Clubs or hookah lounges that operate without a liquor
license or in violation of their license. These operations have attracted criminal activity involving dangerous
drugs and violent crimes.
The bill increases the criminal penalties for the unlicensed or unlawful sale of alcoholic beverages from a
misdemeanor to a felony of the third degree and a fine of not less than $5,000 and not more than $10,000. The
bill creates an additional punishment for any person who commits a second or subsequent violation punishable
by a felony of the second degree and must pay a fine of not less than $15,000 and not more than $20,000.
The bill provides additional grounds for local nuisance abatement boards to declare a place or premise a public
nuisance by permitting a board to declare a place or premise a public nuisance if used on more than two
occasions within a 6-month period as a cite of unlicensed or unlawful sale of alcohol beverages. Local boards
are authorized to prohibit specified nuisances, including the ordering the closure of any place or premises that
has been the site of certain specified nuisances.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h1123.RRS PAGE: 2
DATE: 2/4/2024
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
1
within the state.
2
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law. The Division is also
responsible for the administration and enforcement of tobacco products under ch. 569, F.S.
Any person who wishes to sell alcohol must first file a sworn application with the Division.
3
After the
application has been filed, the application will be fully investigated.
4
Upon completion of the
investigation, the Division shall approve or disapprove the application; if approved, the license shall be
issued upon payment to the division of the license tax hereinafter provided.
5
It is unlawful for any person to sell alcoholic beverages without a license from the Division and to sell in
a manner not permitted by her or his license.
6
In addition, a licensee or other person who keeps or
possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be
sold without a license, with intent to sell or dispose of same unlawfully, or who keeps and maintains a
place where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second degree.
7
It is also unlawful for any person to operate as an exporter
8
of alcoholic beverages within the state
without registering as an exporter pursuant to s. 561.17, F.S.
9
A person who violates this prohibition is
guilty of a misdemeanor of the second degree.
10
Nuisance Abatement
Section 893.138, F.S., allows local governments to establish a nuisance abatement board to hear
public nuisance complaints. These boards may impose administrative fines and other noncriminal
penalties to abate a violence-related, drug-related, prostitution-related, or stolen property-related public
nuisance and criminal gang activity, including a closure of the place or premises.
11
If a board declares a place or premises to be a public nuisance, it may enter an order requiring the
owner of such place or premises to adopt abatement procedures.
12
The board may also enter an order
immediately prohibiting: the maintaining of the nuisance; the operating or maintaining of the place or
premises, including the closure of the place or premises or any part thereof; or the conduct, operation,
or maintenance of any business or activity on the premises which is conducive to such nuisance.
13
Additionally, s. 893.138(2), F.S., lists criminal activities which, if committed at any place or premises
during a specified period of time, may be declared to be a public nuisance, and such nuisance abated
1
Alcoholic beverages are distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume. S. 561.01(4)(a).
2
S. 561.02, F.S.
3
S. 561.17, F.S.
4
S. 561.18, F.S.
5
S. 561.19, F.S.
6
S. 562.12, F.S.
7
S. 562.12(1), F.S. A person convicted of a misdemeanor of the second degree shall not exceed $500. S. 775.083, F.S.
8
An “exporter” is “any person that sells alcoholic beverages to persons for use outside the state and includes a ship’s chandler and a
duty-free shop.” S, 561.01(16).
9
S. 562.12(2), F.S.
10
S. 561.12(2), F.S.
11
S. 893.138(1), F.S.
12
S. 893.138(5), F.S.
13
S. 893.18(5)(a)-(c), F.S. STORAGE NAME: h1123.RRS PAGE: 3
DATE: 2/4/2024
by order of a nuisance abatement board. Those properties subject to nuisance abatement by the board
include any place or premises that has been used:
14
On more than two occasions within a 6-month period, as the site of a violation of s. 796.07;
On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery,
manufacture, or cultivation of any controlled substance;
On one occasion as the site of the unlawful possession of a controlled substance, where such
possession constitutes a felony and that has been previously used on more than one occasion
as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
By a criminal gang for the purpose of conducting criminal gang activity as defined by s. 874.03;
On more than two occasions within a 6-month period, as the site of a violation of s. 812.019
relating to dealing in stolen property;
On two or more occasions within a 6-month period, as the site of a violation of chapter 499; or
On more than two occasions within a 6-month period, as the site of a violation of any
combination of murder and other specified aggravated batteries.
These provisions may be supplemented by a county or municipal ordinance to:
15
Impose additional penalties for public nuisances, including fines not to exceed $250 per day;
Require the payment of reasonable costs, including reasonable attorney fees associated with
investigations of and hearings on public nuisances;
Provide continuing jurisdiction for a period of one year over any place or premises that has been
or is declared to be a public nuisance;
Impose penalties, including fines not to exceed $500 per day for recurring public nuisances;
Require the recording of orders on public nuisances so that notice must be given to subsequent
purchasers, successors in interest, or assigns of the real property that is the subject of the
order;
Provide that recorded orders on public nuisances may become liens against the real property
that is the subject of the order; and
Provide for the foreclosure of property subject to a lien and the recovery of all costs, including
reasonable attorney fees, associated with the recording of orders and foreclosure. However a
lien may not be created to foreclose on real property which is a homestead under s. 4, Art. X of
the State Constitution.
A nuisance abatement board may also bring a complaint under s. 60.05, F.S. to seek temporary and
permanent injunctive relief against any nuisance described in s. 893.138(2), F.S.
16
Section 60.05, F.S., also provides a process for an Attorney General, state attorney, city attorney,
county attorney, sheriff, or any citizen of the county to sue in the name of the state on his or her relation
to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or
ground on which the nuisance exists.
17
Dangers of Illicit After Hour Clubs and Hookah Lounges
Communities across the state deal with illicit After Hour Clubs or hookah lounges that operate without a
liquor license or in violation of their license.
18
These operations have attracted criminal activity involving
dangerous drugs and violent crimes.
19
14
S. 893.138(2), F.S.
15
S. 893.138(11), F.S.
16
S. 893.138(8), F.S.
17
S. 60.05(1), F.S.
18
Cristobal Reyes, Orange sheriff announces proposed ‘legislative changes’ after 2 arrested in hookah lounge shooting,
Orlando Sentinel (Oct. 30, 2023), https://www.orlandosentinel.com/2023/10/30/orange-sheriff-announces-proposed-
legislative-changes-after-2-arrested-in-hookah-lounge-shooting/ (last visited Feb. 1, 2024).
19
Id. (shooting occurred at a west Orlando hookah lounge that left three injuried); see also C.T. Bowen, Hillsborough
County bans late-night hookah lounges, Tampa Bay Times (Aug. 18, 2021),
https://www.tampabay.com/news/hillsborough/2021/08/18/hillsborough-county-bans-late-night-hookah-lounges/ (last STORAGE NAME: h1123.RRS PAGE: 4
DATE: 2/4/2024
Effect of Bill
The bill increases the criminal penalties for persons selling alcoholic beverages without a license or not
in compliance with s. 561.12(1), F.S., from a misdemeanor to a third-degree felony.
20
And must pay a
fine of not less than $5,000 and not more than $10,000.
A person who commits a second or subsequent violation of s. 561.12(1), F.S., commits a felony of the
second degree
21
and must pay a fine of not less than $15,000 and not more than $20,000.
The bill amends s. 893.138(2), F.S., to provide that a place or premises may be declared a public
nuisance, if used on more than two occasions within a 6-month period, as the site of a violation of s.
562.12, F.S., relating to the unlicensed or unlawful sale of alcoholic beverages.
B. SECTION DIRECTORY:
Section 1: Amends s. 562.12, F.S., relating to beverages sold with improper license, or without
license or registration, or held with intent to sell prohibited.
Section 2: Amends s. 893.138, F.S., relating to local administrative action to abate certain activities
declared public nuisances.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
visited Feb. 1, 2024) (Hillsborough County commissioners unanimously approved an ordinance requiring lounges to close
at 3 a.m. after a string of violent incidents at or near hookah lounges).
20
A person convicted of a third-degree felony is punishable by a term of imprisonment not to exceed five years. S.
775.082, F.S. It is also punishable by a fine not to exceed $5,000.
21
A person convicted of a second-degree felony is punishable by a term of imprisonment not to exceed fifteen years. S.
775.082, F.S. It is also punishable by a fine not to exceed $10,000. STORAGE NAME: h1123.RRS PAGE: 5
DATE: 2/4/2024
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.