Legislative Action on Alcoholic Beverages & Tobacco Laws

Taxation (Based on HB 7099-Effective Date July 1, 2016)

House Bill 7099 revises multiple sections of law relating to taxes, including several that pertain to the Division of Alcoholic Beverages and Tobacco. The bill expands language to include other persons required to remit cigarette taxes in addition to the dealer; makes changes to definitions for “wholesale sales price” and “affiliate”; provides for two percent of monthly collections of the tax on alcoholic beverages, cigarettes, and tobacco products from passenger vessels to be transferred to the Alcoholic Beverage and Tobacco Trust Fund; applies the same tax rate to cider made from pears that is currently applicable to cider made from apples; establishes a “base rate” for excise taxes on sales of alcoholic beverages, cigarettes, and other tobacco products by passenger vessels, with a quarterly reporting basis for the passenger vessels; and corrects a cross reference prohibiting tobacco in county detention facilities.

For additional information regarding this bill please follow the links below:

HB 7099

Bill Text

Alcoholic Beverages and Tobacco (Based on SB 698-Effective Date July 1, 2016*)

Senate Bill 698 requires the Division of Alcoholic Beverages and Tobacco to grant a one-time written waiver or extension of certain requirements to specified licensees; requiring an alcoholic beverage distributor to charge a deposit for certain alcoholic beverage sales; authorizing the division to issue temporary permits to charitable organizations, municipalities, and counties to sell alcoholic beverages for consumption on the premises of an event; authorizing a licensed distributor to transport alcoholic beverages through certain premises under specified circumstances, etc.

See the Division Implementation Summary for more details.

For additional information regarding this bill please follow the links below:

SB 698

Bill Text
* (except the growler portion which is effective upon becoming law).

Culinary Education Programs (Based on HB 249-Effective Date July 1, 2016)

House Bill 249 authorizes the Division of Alcoholic Beverages and Tobacco to issue a new type of special alcoholic beverage license to culinary education programs which are licensed as a public food service establishment by the Division of Hotels and Restaurants. This new license allows for sales of alcoholic beverages only for consumption on premises of the culinary education program, and, if the culinary education program provides catering services, for consumption on the licensed premises of the catered event.

For additional information regarding this bill please follow the links below:

HB 249

Bill Text

City of Jacksonville, Duval County (Based on HB 655-Effective Date March 25, 2016)

House Bill 655 expands the areas in Duval County where special requirements apply to the issuance of a special alcoholic beverage license to a restaurant establishment.  Specifically, the bill establishes a fifth special zone comprised of nine defined areas to be the Riverside Avondale Commercial Character Areas.  The bill defines the Riverside Avondale Commercial Character Areas to be those parts of the Riverside/Avondale Historic District in the City of Jacksonville, Duval County, Florida, as described in the incorporated legal land descriptions included in the bill.  Pursuant to the bill, special restaurant alcoholic beverage licenses may be issued in these new zones to restaurants which have a minimum of 1,800 square feet of floor space, a seating capacity of no fewer than 100 seats, and 51 percent of gross income derived from the sale of food and nonalcoholic beverages.

For additional information regarding this bill please follow the links below:

HB 655

Bill Text

City Of Tallahassee, Leon County (Based on HB 709-Effective Date March 25, 2016)

To become a licensed cosmetologist in the State of Florida you must attend a Florida school of
cosmetology and successfully complete a minimum of 1,200 hours of education. Upon the successful
completion of the educational hours, a completed cosmetology examination application should be
submitted to the Department along with the applicable fees. Once the examination application has
been approved, you will receive written notification from the Department’s examination vendor,
Pearson VUE, to schedule a date and time for your written cosmetology examination. After
successfully passing both portions of the cosmetology examination, you will be issued a cosmetology
license. The website for Pearson VUE is www.pearsonvue.com.
Exception: Florida cosmetology students qualified to take the examination after completion of
only 1,000 hours of education and fail the examination must complete the full 1,200 hours of
education before reexamination.

Hillsborough County (Based on HB 1417-Effective Date March 25, 2016)

House Bill 1417 amends the specific criteria which must be satisfied for a restaurant to obtain a special alcoholic beverage license in Hillsborough County. The bill reduces the 4,000 square foot space requirement for the special alcoholic beverage license to 2,500 square feet of restaurant space, which is consistent with general law requirements for this special license. The special requirements for eligible restaurants to maintain no fewer than 100 seats and derive at least 51 percent of gross income from the sale of food and nonalcoholic beverages remain in effect.

For additional information regarding this bill please follow the links below:

HB 1417

Bill Text

Martin County (Based on HB 1433-Effective Date March 25, 2016)

House Bill 1433 deletes the chapters of law that outline specific local criteria in Martin County for issuance of a special alcoholic beverage license to a hotel, motel, motor court, or restaurant. Effectively, issuance of special alcoholic beverage licenses to these entities will revert to general law criteria of a minimum of 2,500 square feet of space, a seating capacity of no fewer than 150 seats, and at least 51 percent of food and beverage revenue derived from the sale of food and nonalcoholic beverages.

For additional information regarding this bill please follow the links below:

HB 1433

Bill Text

City of Winter Park, Orange County (Based on HB 1329-Effective Date June 10, 2015)

City of Winter Park, Orange County; Repeals provisions relating to alcoholic beverage license exemptions within city.

For additional information regarding this bill please follow the links below:

HB 1329

Bill Text

Pinellas County / Alcoholic Beverages Temporary Permits (Based on HB 1337-Effective Date June 10, 2015)

Pinellas County/Alcoholic Beverage Temporary Permits: Authorizes DBPR’s Division of Alcoholic Beverages & Tobacco to issue up to 15 temporary permits per calendar year to a bona fide nonprofit civic organization, upon application and presentation of a valid special event permit issued by an incorporated municipality in Pinellas County. The temporary permit authorizes the sale of alcoholic beverages for consumption on the premises within a special event permitted area designated by the municipality.

For additional information regarding this bill please follow the links below:

HB 1337

Bill Text

Incorporated Municipalities in Pinellas County, Florida

Malt Beverages (Based on SB 186-Effective Date July 1, 2015)

Malt Beverages; Allows 64 oz. growlers, tasting rooms, manufacturers with multiple licenses can transport product to other facilities, allows manufacturers with multiple licenses to obtain up to 8 vendor licenses, removes one-time $5 vehicle permit.

For additional information regarding this bill please follow the links below:

SB 186

Bill Text

Craft Distilleries (Based on SB 596-Effective Date July 1, 2015)

Craft Distilleries; Defines “branded product,” revises limit on containers sold by craft distilleries.

For additional information regarding this bill please follow the links below:

SB 596

Bill Text

Tobacco and Nicotine Product Regulation (Based on SB 224-Effective Date July 1, 2014)

SB224, Tobacco and Nicotine Product Regulation; Allowing alternate signage requirements where a dealer that sells tobacco products also sells nicotine products or nicotine dispensing devices; prohibiting the selling, delivering, bartering, furnishing, or giving of nicotine products or nicotine dispensing devices to persons under 18 years of age; prohibiting self-service merchandising where a retailer sells nicotine products or nicotine dispensing devices, etc.

For additional information regarding this bill please follow the links below:

SB 224

Bill Text

Required Signage

Alcoholic Beverages Licenses, Lake and Sumter Counties (Based on HB 605-Effective Date May 12, 2014)

HB605, Town of Lady Lake, Lake County, and Sumter County, was approved by the Governor on May 12, 2014.  The bill determines that the owner, operator, or controlling entity of the individual entities making up the entertainment or lodging complex within the commercial district of a retirement complex in the Town of Lady Lake in Lake County or in Sumter County need not be the same for the special license to be authorized by the Division of Alcoholic Beverages and Tobacco.

For additional information regarding this bill please follow the links below:

HB 605

Bill Text

City of Panama City, Bay County (Based on HB 911-Effective Date May 12, 2014)

CS/HB911, City of Panama City, Bay County, was approved by the Governor on May 12, 2014.  The bill authorizes the Division of Alcoholic Beverages and Tobacco to give up to 15 special allowances per calendar year to bona fide consumption on the premises licensees for sale of alcoholic beverages in open containers to be removed from the premises by patrons at outdoor events in two Panama City areas designated as entertainment districts. These permits are in addition to any other temporary permits per calendar year currently allowed by law.

For additional information regarding this bill please follow the links below:

CS/HB 911

Bill Text

City of Ocala, Marion County (Based on HB 1443-Effective Date May 12, 2014)

CS/CS/HB1443, City of Ocala, Marion County, was approved by the Governor on May 12, 2014.  The bill allows the Division of Alcoholic Beverages and Tobacco to issue up to 15 temporary permits per calendar year to a bona fide nonprofit civic organization for sale of alcoholic beverages for consumption on the premises at outdoor events in the Ocala Downtown Area. These permits are in addition to the 3 temporary permits per calendar year currently allowed by law.

For additional information regarding this bill please follow the links below:

CS/CS/HB 1443

Bill Text

City of Vero Beach, Indian River County (Based on HB 1367-Effective Date May 12, 2014)

CS/CS/HB1367, City of Vero Beach, Indian River County, was approved by the Governor on May 12, 2014.  The bill allows the Division of Alcoholic Beverages and Tobacco to issue up to 12 temporary permits per calendar year to a bona fide nonprofit civic organization for sale of alcoholic beverages for consumption on the premises at outdoor events in the Vero Beach Downtown Area. These permits are in addition to the 3 temporary permits per calendar year currently allowed by law.

For additional information regarding this bill please follow the links below:

CS/CS/HB 1367

Bill Text

Craft Distilleries (Based on HB 347-Effective Date July 1, 2013)

Allows a licensed distillery that produces 75,000 gallons or less of distilled spirits (liquor) each year to become designated as a “craft distillery” and sell to consumers from their souvenir gift shop.  A distillery must provide the division with their decision to qualify as a craft distillery, along with providing a revised sketch or diagram showing that the souvenir gift shop location is owned or leased by the distillery and on property contiguous to the distillery’s production building in this state.  If the craft distillery reaches the production limitations of 75,000 gallons, they are to notify the division.  At that time, retail sales are prohibited.  A craft distiller cannot be affiliated with another distillery that produces more than 75,000 gallons per calendar year.  Other requirements are provided in the law.

For additional information regarding this bill please follow the links below:

CS/CS/HB 347

Bill Text

Florida Statutes 565.03

Drug Paraphernalia (Based on HB 49-Effective Date July 1, 2013)

Makes it unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia, with a few exceptions.

For additional information regarding this bill please follow the links below:

CS/CS/HB 49

Bill Text

Vehicle Permits (Based on SB 372-Effective Date July 1, 2013)

Authorizing a licensed vendor to transport alcoholic beverages from a distributor’s place of business in vehicles owned or leased by any person who has been disclosed on a license application filed by the vendor and approved by the division.  The Bureau of Licensing can expect to see more requests for vehicle permits coming in.  These will be processed as currently done, with the exception that other individuals disclosed on the license application can now obtain the vehicle permit.  Please read the attached law for more information.

For additional information regarding this bill please follow the link below:

CS/CS/SB 372

Bill Text

Wine Containers (Based on HB 623 Effective Date July 1, 2013)

On June 14, 2013 Governor Rick Scott signed House Bill 623 into law.  The bill gives an exception to the size of containers that wine can be sold in, allowing wine to be sold in reusable containers of 5.16 gallons.  The bill does require any sales of wine to consumers as package sales (to be consumed off the licensed premise) to be in the unopened original container, which in effect prohibits smaller containers being filled from the 5.16 gallon container and being sold as to go package sales.

For additional information regarding this bill please follow the link below:

CS/HB 623

Bill Text

Malt Beverages Coupons (Based on HB 695 - Effective Date July 1, 2013)

HB 695, enacted by the 2013 Legislature, amends Section 561.42, F.S., and prohibits the use or possession of certain types of coupons for malt beverages by alcoholic beverage licensees.

Beginning July 1, 2013, it will be unlawful for a licensee under the Beverage Law to possess or use, in physical or electronic format, any type of malt beverage coupon or malt beverage cross-merchandising coupon in this state, if both of the following conditions are true:

  • The coupon is produced, sponsored, or furnished, whether directly or indirectly, by an alcohol beverage manufacturer, distributor, importer, brand owner, or brand registrant or any broker, sales agent, or sales person thereof;  and
  • The coupon is or purports to be redeemable by a vendor or other person who sells malt beverages to consumers in the state.

Note:  The new language is specific to beer coupons and does not impact wine or liquor.
For additional information regarding this bill please follow the link below:

CS/HB 695

Bill Text

Nassau County (Based on HB 1283 - Effective Date June 28, 2013)

An act relating to Nassau County; amending chapter 81-2 440, Laws of Florida; revising criteria for special alcoholic beverage licenses for restaurants within the county; providing an effective date.

For additional information regarding this bill please follow the link below:

HB 1283

Bill Text

Tallahassee-Leon County Civic Center Authority (Based on HB 1285 - Effective Date June 28, 2013)

An act relating to the Tallahassee-Leon County Civic Center Authority, Leon County; abolishing the authority; repealing chapter 2004-435, Laws of Florida, relating to the charter of the authority; designating the Tallahassee-Leon County Civic Center as the “Donald L. Tucker Civic Center”; providing for the erection of suitable markers; requiring the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue a beverage license to Florida State University or its designee; transferring all assets and liabilities of the authority to the university; providing for applicability; providing an effective date.

For additional information regarding this bill please follow the link below:

HB 1285

Bill Text

Madison County (Based on HB 1421 - Effective Date June 28, 2013)

An act relating to Madison County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue a special alcoholic beverage license to certain hotels and motels in the county; providing an effective date.

For additional information regarding this bill please follow the link below:

CS/HB1421

Bill Text

Need Help?

All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.

Sterling Whisenhunt, Director 

Division of Alcoholic Beverages & Tobacco
2601 Blair Stone Road
Tallahassee, FL 32399-0791

Telephone: 850.487.1395
Facsimile: 850.922.5175