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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to special alcoholic beverage licenses 2
issued to residential condominiums; amending s. 3
561.20, F.S.; excluding certain residential 4
condominiums that sell alcoholic beverages from the 5
limitation of the number of specified licenses issued; 6
requiring licenses to be issued only to the person or 7
corporation that manages the food and beverage 8
operations; prohibiting a licensee from selling 9
certain alcoholic beverages for off -premises 10
consumption; prohibiting a licensee from selling 11
alcoholic beverages after the time for serving or 12
consumption of food has elapsed; amending ss. 316.1936 13
and 565.045, F.S.; conforming cross -references; 14
providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Paragraph (a) of subsection (2) of section 19
561.20, Florida Statutes, is amended to read: 20
561.20 Limitation upon number of licenses issued. — 21
(2)(a) The limitation of t he number of licenses as 22
provided in this section does not prohibit the issuance of a 23
special license to: 24
1. Any bona fide hotel, motel, or motor court of not fewer 25
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than 80 guest rooms in any county having a population of less 26
than 50,000 residents, and of not fewer than 100 guest rooms in 27
any county having a population of 50,000 residents or greater; 28
or any bona fide hotel or motel located in a historic structure, 29
as defined in s. 561.01(20), with fewer than 100 guest rooms 30
which derives at least 51 perc ent of its gross revenue from the 31
rental of hotel or motel rooms, which is licensed as a public 32
lodging establishment by the Division of Hotels and Restaurants; 33
provided, however, that a bona fide hotel or motel with no fewer 34
than 10 and no more than 25 gu est rooms which is a historic 35
structure, as defined in s. 561.01(20), in a municipality that 36
on the effective date of this act has a population, according to 37
the University of Florida's Bureau of Economic and Business 38
Research Estimates of Population for 1 998, of no fewer than 39
25,000 and no more than 35,000 residents and that is within a 40
constitutionally chartered county may be issued a special 41
license. This special license shall allow the sale and 42
consumption of alcoholic beverages only on the licensed pre mises 43
of the hotel or motel. In addition, the hotel or motel must 44
derive at least 60 percent of its gross revenue from the rental 45
of hotel or motel rooms and the sale of food and nonalcoholic 46
beverages; provided that this subparagraph shall supersede local 47
laws requiring a greater number of hotel rooms; 48
2. Any condominium accommodation of which no fewer than 49
100 condominium units are wholly rentable to transients and 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which is licensed under chapter 509, except that the license 51
shall be issued only to the person or corporation that operates 52
the hotel or motel operation and not to the association of 53
condominium owners; 54
3. Any condominium accommodation of which no fewer than 50 55
condominium units are wholly rentable to transients, which is 56
licensed under chapter 509, and which is located in any county 57
having home rule under s. 10 or s. 11, Art. VIII of the State 58
Constitution of 1885, as amended, and incorporated by reference 59
in s. 6(e), Art. VIII of the State Constitution, except that the 60
license shall be iss ued only to the person or corporation that 61
operates the hotel or motel operation and not to the association 62
of condominium owners; 63
4. Any residential condominium of which no fewer than 50 64
condominium units are wholly owned by or rented to nontransients 65
that regularly offers food and beverages amenities to its 66
residents and which is licensed as a food service establishment 67
under chapter 381, chapter 500, or chapter 509; provided that 68
the sale of alcoholic beverages is limited to consumption on the 69
premises only to residents of the condominium and their 70
nonresident guests; except that the license shall be issued only 71
to the person or corporation that manages the food and beverage 72
operations and not to the association of condominium owners. A 73
licensee granted a license under this subparagraph may not sell 74
alcoholic beverages by the package for off -premise consumption 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and may not sell alcoholic beverages under such license after 76
the hours of serving or consumption of food have elapsed; 77
5.4. A bona fide food service establishment that has a 78
minimum of 2,000 square feet of service area, is equipped to 79
serve meals to 120 persons at one time, has at least 120 80
physical seats available for patrons to use during operating 81
hours, holds itself out as a restaurant, and derives at least 51 82
percent of its gross food and beverage revenue from the sale of 83
food and nonalcoholic beverages during the first 120 -day 84
operating period and the first 12 -month operating period 85
thereafter. Subsequent audit timeframes must be based upon the 86
audit percentage established by the most recent audit and 87
conducted on a staggered scale as follows: level 1, 51 percent 88
to 60 percent, every year; level 2, 61 percent to 75 percent, 89
every 2 years; level 3, 76 percent to 90 percent, every 3 years; 90
and level 4, 91 percent to 100 percent, every 4 years. A 91
licensee under this subparagraph may sell or deliver alcoholic 92
beverages in a sealed container for off -premises consumption if 93
the sale or delivery is accompanied by the sale of food within 94
the same order. Such authorized sale or delivery includes wine -95
based and liquor-based beverages prepared by the licensee or its 96
employee and packaged in a container sealed by the licensee or 97
its employee. This subparagraph may not be construed to 98
authorize public food service establishments licensed under this 99
subparagraph to sell a bottle of distilled spirits sealed by a 100
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manufacturer. Any sale or delivery of malt beverages must comply 101
with the container size, labeling, and filling requirements 102
imposed under s. 563.06. Any delivery of an alcoholic beverage 103
under this subparagraph must comply with s. 561.57. An alcoholic 104
beverage drink prepared by the vendor and sold or delivered for 105
consumption off the premises must be placed in a container 106
securely sealed by the licens ee or its employees with an 107
unbroken seal that prevents the beverage from being immediately 108
consumed before removal from the premises. Such alcoholic 109
beverage also must be placed in a bag or other container that is 110
secured in such a manner that it is visib ly apparent if the 111
container has been subsequently opened or tampered with, and a 112
dated receipt for the alcoholic beverage and food must be 113
provided by the licensee and attached to the bag or container. 114
If transported in a motor vehicle, an alcoholic bever age that is 115
not in a container sealed by the manufacturer must be placed in 116
a locked compartment, a locked trunk, or the area behind the 117
last upright seat of a motor vehicle. It is a violation of the 118
prohibition in s. 562.11 to allow any person under the a ge of 21 119
to deliver alcoholic beverages on behalf of a vendor. The vendor 120
or the agent or employee of the vendor must verify the age of 121
the person making the delivery of the alcoholic beverage before 122
allowing any person to take possession of an alcoholic b everage 123
for the purpose of making a delivery on behalf of a vendor under 124
this section. A food service establishment granted a special 125
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license on or after January 1, 1958, pursuant to general or 126
special law may not operate as a package store and may not sel l 127
intoxicating beverages under such license after the hours of 128
serving or consumption of food have elapsed. Failure by a 129
licensee to meet the required percentage of food and 130
nonalcoholic beverage gross revenues during the covered 131
operating period shall res ult in revocation of the license or 132
denial of the pending license application. A licensee whose 133
license is revoked or an applicant whose pending application is 134
denied, or any person required to qualify on the special license 135
application, is ineligible to h ave any interest in a subsequent 136
application for such a license for a period of 120 days after 137
the date of the final denial or revocation; 138
6.5. Any caterer, deriving at least 51 percent of its 139
gross food and beverage revenue from the sale of food and 140
nonalcoholic beverages at each catered event, licensed by the 141
Division of Hotels and Restaurants under chapter 509. This 142
subparagraph does not apply to a culinary education program, as 143
defined in s. 381.0072(2), which is licensed as a public food 144
service establishment by the Division of Hotels and Restaurants 145
and provides catering services. Notwithstanding any law to the 146
contrary, a licensee under this subparagraph shall sell or serve 147
alcoholic beverages only for consumption on the premises of a 148
catered event at which the licensee is also providing prepared 149
food, and shall prominently display its license at any catered 150
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event at which the caterer is selling or serving alcoholic 151
beverages. A licensee under this subparagraph shall purchase all 152
alcoholic beverages it sells or serves at a catered event from a 153
vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 154
under s. 565.02(1) subject to the limitation imposed in 155
subsection (1), as appropriate. A licensee under this 156
subparagraph may not store any alcoholi c beverages to be sold or 157
served at a catered event. Any alcoholic beverages purchased by 158
a licensee under this subparagraph for a catered event that are 159
not used at that event must remain with the customer; provided 160
that if the vendor accepts unopened alc oholic beverages, the 161
licensee may return such alcoholic beverages to the vendor for a 162
credit or reimbursement. Regardless of the county or counties in 163
which the licensee operates, a licensee under this subparagraph 164
shall pay the annual state license tax s et forth in s. 165
565.02(1)(b). A licensee under this subparagraph must maintain 166
for a period of 3 years all records and receipts for each 167
catered event, including all contracts, customers' names, event 168
locations, event dates, food purchases and sales, alcoho lic 169
beverage purchases and sales, nonalcoholic beverage purchases 170
and sales, and any other records required by the department by 171
rule to demonstrate compliance with the requirements of this 172
subparagraph. Notwithstanding any law to the contrary, any 173
vendor licensed under s. 565.02(1) subject to the limitation 174
imposed in subsection (1), may, without any additional licensure 175
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under this subparagraph, serve or sell alcoholic beverages for 176
consumption on the premises of a catered event at which prepared 177
food is provided by a caterer licensed under chapter 509. If a 178
licensee under this subparagraph also possesses any other 179
license under the Beverage Law, the license issued under this 180
subparagraph may not authorize the holder to conduct activities 181
on the premises to which the other license or licenses apply 182
that would otherwise be prohibited by the terms of that license 183
or the Beverage Law. This section does not permit the licensee 184
to conduct activities that are otherwise prohibited by the 185
Beverage Law or local law. The Division of Alcoholic Beverages 186
and Tobacco is hereby authorized to adopt rules to administer 187
the license created in this subparagraph, to include rules 188
governing licensure, recordkeeping, and enforcement. The first 189
$300,000 in fees collected by the di vision each fiscal year 190
pursuant to this subparagraph shall be deposited in the 191
Department of Children and Families' Operations and Maintenance 192
Trust Fund to be used only for alcohol and drug abuse education, 193
treatment, and prevention programs. The remaind er of the fees 194
collected shall be deposited into the Hotel and Restaurant Trust 195
Fund created pursuant to s. 509.072; or 196
7.6. A culinary education program as defined in s. 197
381.0072(2) which is licensed as a public food service 198
establishment by the Divisio n of Hotels and Restaurants. 199
a. This special license shall allow the sale and 200
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consumption of alcoholic beverages on the licensed premises of 201
the culinary education program. The culinary education program 202
shall specify designated areas in the facility whe re the 203
alcoholic beverages may be consumed at the time of application. 204
Alcoholic beverages sold for consumption on the premises may be 205
consumed only in areas designated under s. 561.01(11) and may 206
not be removed from the designated area. Such license shall be 207
applicable only in and for designated areas used by the culinary 208
education program. 209
b. If the culinary education program provides catering 210
services, this special license shall also allow the sale and 211
consumption of alcoholic beverages on the premises of a catered 212
event at which the licensee is also providing prepared food. A 213
culinary education program that provides catering services is 214
not required to derive at least 51 percent of its gross revenue 215
from the sale of food and nonalcoholic beverages. 216
Notwithstanding any law to the contrary, a licensee that 217
provides catering services under this sub -subparagraph shall 218
prominently display its beverage license at any catered event at 219
which the caterer is selling or serving alcoholic beverages. 220
Regardless of the county or counties in which the licensee 221
operates, a licensee under this sub -subparagraph shall pay the 222
annual state license tax set forth in s. 565.02(1)(b). A 223
licensee under this sub -subparagraph must maintain for a period 224
of 3 years all records requi red by the department by rule to 225
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demonstrate compliance with the requirements of this sub -226
subparagraph. 227
c. If a licensee under this subparagraph also possesses 228
any other license under the Beverage Law, the license issued 229
under this subparagraph does not authorize the holder to conduct 230
activities on the premises to which the other license or 231
licenses apply that would otherwise be prohibited by the terms 232
of that license or the Beverage Law. This subparagraph does not 233
permit the licensee to conduct activitie s that are otherwise 234
prohibited by the Beverage Law or local law. Any culinary 235
education program that holds a license to sell alcoholic 236
beverages shall comply with the age requirements set forth in 237
ss. 562.11(4), 562.111(2), and 562.13. 238
d. The Division of Alcoholic Beverages and Tobacco may 239
adopt rules to administer the license created in this 240
subparagraph, to include rules governing licensure, 241
recordkeeping, and enforcement. 242
e. A license issued pursuant to this subparagraph does not 243
permit the licensee to sell alcoholic beverages by the package 244
for off-premises consumption. 245
246
However, any license heretofore issued to any such hotel, motel, 247
motor court, or restaurant or hereafter issued to any such 248
hotel, motel, or motor court, including a condominium 249
accommodation, under the general law may not be moved to a new 250
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location, such license being valid only on the premises of such 251
hotel, motel, motor court, or restaurant. Licenses issued to 252
hotels, motels, motor courts, or restaurants under the general 253
law and held by such hotels, motels, motor courts, or 254
restaurants on May 24, 1947, shall be counted in the quota 255
limitation contained in subsection (1). Any license issued for 256
any hotel, motel, or motor court under this law shall be issued 257
only to the owner of the hotel, motel, or motor court or, in the 258
event the hotel, motel, or motor court is leased, to the lessee 259
of the hotel, motel, or motor court; and the license shall 260
remain in the name of the owner or lessee so long as the license 261
is in existence. Any specia l license now in existence heretofore 262
issued under this law cannot be renewed except in the name of 263
the owner of the hotel, motel, motor court, or restaurant or, in 264
the event the hotel, motel, motor court, or restaurant is 265
leased, in the name of the lessee of the hotel, motel, motor 266
court, or restaurant in which the license is located and must 267
remain in the name of the owner or lessee so long as the license 268
is in existence. Any license issued under this section shall be 269
marked "Special," and nothing herein provided shall limit, 270
restrict, or prevent the issuance of a special license for any 271
restaurant or motel which shall hereafter meet the requirements 272
of the law existing immediately before the effective date of 273
this act, if construction of such restaurant h as commenced 274
before the effective date of this act and is completed within 30 275
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days thereafter, or if an application is on file for such 276
special license at the time this act takes effect; and any such 277
licenses issued under this proviso may be annually renew ed as 278
now provided by law. Nothing herein prevents an application for 279
transfer of a license to a bona fide purchaser of any hotel, 280
motel, motor court, or restaurant by the purchaser of such 281
facility or the transfer of such license pursuant to law. 282
Section 2. Subsection (9) of section 316.1936, Florida 283
Statutes, is amended to read: 284
316.1936 Possession of open containers of alcoholic 285
beverages in vehicles prohibited; penalties. — 286
(9) An alcoholic beverage that has been sealed by a 287
licensee or the emplo yee of a licensee and is transported 288
pursuant to s. 564.09, s. 561.20(2)(a)5. s. 561.20(2)(a)4., or 289
s. 565.045(1) is not an open container under this section. 290
Section 3. Paragraph (c) of subsection (1) of section 291
565.045, Florida Statutes, is amended t o read: 292
565.045 Regulations for consumption on premises; penalty; 293
exemptions.— 294
(1) Vendors licensed under s. 565.02(1)(b) -(f): 295
(c) May sell or deliver alcoholic beverages prepared by 296
the licensee for off -premises consumption if the alcoholic 297
beverage is in a container sealed by the licensee. All sales or 298
deliveries of alcoholic beverages made pursuant to this 299
paragraph must satisfy the following requirements: 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. The vendor must be licensed as a public food service 301
establishment under chapter 509; 302
2. The sale or delivery must be accompanied by the sale of 303
food within the same order; 304
3. The charge for the sale of food and nonalcoholic 305
beverages must be at least 40 percent of the total charge for 306
the order, excluding the charge for any manufacturer -sealed 307
containers of alcoholic beverages included in the order; and 308
4. Sales and deliveries of the alcoholic beverages may not 309
occur after the vendor ceases preparing food on the licensed 310
premises for the day or after midnight, whichever is earlier. 311
312
The requirement in subparagraph 3. does not apply to vendors 313
licensed under s. 561.20(2)(a)5. s. 561.20(2)(a)4. 314
Section 4. This act shall take effect July 1, 2025. 315