Notices of Development of Rulemaking and Notice of Meeting/Workshop Hearing:

61A-4.009 Notice of Change

Division of Alcoholic Beverages and Tobacco

RULE NO.: RULE TITLE:
61A-4.009: Monthly Reports

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 198, October 12, 2021 issue of the Florida Administrative Register.

61A-4.009 Monthly Reports.

(1) No change.

(2) The required monthly reports listed in subsection (1) above and the appropriate excise taxes shall be deemed to be filed in a timely manner when the Division receives the report and remittance are received in the Division’s Electronic Data Submission (EDS) System by 11:59PM on the 10th day of the month, or in those cases where the 10th falls on a Saturday, Sunday or legal holiday, monthly reports and remittances shall be accepted as timely filed if submitted to the Division on or before 11:59PM on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, the term “legal holiday” refers to the same days designated in Section 110.117, F.S.

(3) No change.

Rulemaking Authority 561.11, 563.09(10), 564.06(9), 565.03(8), 565.12(4) FS. Law Implemented 561.111, 561.221(3)(b), 561.49, 561.50, 561.55, 561.111 562.15, 563.05, 563.07, 563.09(6), 564.06, 565.03(5), 565.12, 565.13 FS. History–Repromulgated 12-19-74, Formerly 7A-4.09, Amended 8-20-87, Formerly 7A-4.009, Amended MM-DD-YY.

Summary of changes to forms:

Transaction drop down list options shown on page 4 of Form DBPR ABT 4000A-100, Alcoholic Beverage Distributor’s Monthly Report
Form effective date updated to date of rule adoption, new final page added describing process to submit excise taxes to the following forms:
Form DBPR ABT 400A-100, Alcoholic Beverage Distributor’s Monthly Report
Form DBPR ABT 4000A-110, Liquor Distiller’s and Rectifier’s Monthly Report
Form DBPR ABT 4000A-110CD, Craft Distillery Monthly Report
Form DBPR ABT 4000A-125, Beverages Shipped To/Within Florida Monthly Report
Form DBPR ABT 4000A-130, Vendor Malt Manufacturer’s Monthly Report
Form DBPR ABT 4000A-140DW, Domestic Wine Manufacturer’s Monthly Report
Form DBPR ABT 4000A-140IW, Imported Wine Manufacturer’s Monthly Report

To view the updated forms that include the changes described above see the “Notices of Development of Rulemaking and Notice of Meeting/Workshop Hearing” tab here:
www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/news-and-notices

_____________________________________________________________________

61A-4.020 Workshop

Hearing Agenda

The Division of Alcoholic Beverages and Tobacco announces a workshop to which all persons are invited.

DATE AND TIME: December 7, 2021, 2:00PM

PLACE: Division of Alcoholic Beverages & Tobacco, Conference Room C409, 2601 Blair Stone Road Tallahassee, FL 32399-0791

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Workshop regarding the development of Rule 61A-4.020, F.A.C. A copy of the agenda may be obtained by contacting: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com.

_____________________________________________________________________

61A-4.009 Hearing

Hearing Agenda

Proposed Rule

Proposed Forms

Alcoholic Beverage Distributor’s Monthly Report
Liquor Distiller’s and Rectifier’s Monthly Report
Craft Distillery Monthly Report
Beverages Shipped To/Within Florida Monthly Report
Vendor Malt Manufacturer’s Monthly Report
Domestic Wine Manufacturer’s Monthly Report
Imported Wine Manufacturer’s Monthly Report

The Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: December 7, 2021, 10:00AM
PLACE: Division of Alcoholic Beverages & Tobacco, Conference Room C409, 2601 Blair Stone Road Tallahassee, FL 32399-0791

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public Hearing regarding proposed language for Rule 61A-4.009, F.A.C. A copy of the agenda may be obtained by contacting: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Kate Marshman, Counsel for Compliance and Regulatory Affairs, by email at kate.marshman@myfloridalicense.com.

_____________________________________________________________________

61A-1.01010 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Tuesday, November 12, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns. The record will be open for receipt of written comments through 5:00 p.m. on Friday, November 15, 2019.
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public input regarding proposed language for Rule 61A-1.01010, F.A.C., as contained in the Notice of Change, published in Volume 45, Issue 192 of the Florida Administrative Register on October 2, 2019. A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-3.055 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Friday, September 6, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns. The record of this rule hearing will remain open for the receipt of written comments through 5:00 p.m. on Monday, September 9, 2019.
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding proposed language for Rule 61A-3.055, F.A.C., published in Volume 45, Issue Number 160 of the Florida Administrative Register on August 16, 2019. A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-1.01010 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Friday, August 23, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns. The record will be open for receipt of written comments through 5:00 PM on Monday, August 26, 2019.
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public input regarding proposed language for Rule 61A-1.01010, F.A.C. as contained in the Notice of Proposed Rulemaking, published in Volume 45, Issue 133 of the Florida Administrative Register on July 10, 2019.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-4.020 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Friday, August 16, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns. The record will be open for receipt of written comments through 5:00 p.m. on Monday, August 19, 2019.
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public input regarding proposed language for Rule 61A-4.020, F.A.C., as contained in the Notice of Change, published in Volume 45, Issue 143 of the Florida Administrative Register on July 24, 2019.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-5.0105 and 61A-5.747 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Friday, June 28, 2019, 2:30 p.m. – 5:00 p.m., or until hearing adjourns
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED:  Public hearing regarding proposed language for Rules 61A-5.0105 and 61A-5.747, F.A.C.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-4.020 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Monday, June 10, 2019, 2:30 p.m. – 5:00 p.m., or until hearing adjourns
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED:  Public input regarding proposed language for Rule 61A-4.020, F.A.C. as contained in the Notice of Change, published in Volume 45, Issue 80 of the Florida Administrative Register on April 24, 2019.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-3.055 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Monday, May 6, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns
PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: This Notice is intended to correct the date of hearing as published on April 18, 2019, in Vol. 45, No. 76. The public hearing regarding proposed language for Rule 61A-3.055, F.A.C., will be held on Monday, May 6, 2019.
A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-4.020 Hearing

Hearing Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

Time, Date & Place: Monday, March 11, 2019
1:30 PM – 5:00 PM, or until hearing adjourns
2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

THIS MEETING IS OPEN TO THE PUBLIC. The Notice of Hearing on Rule 61A-4.020, F.A.C., was published in Volume 45, Issue Number 26 of the Florida Administrative Register on February 7, 2019. In accordance with the Americans with Disabilities Act and section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this proceeding must, at least 48 hours prior to the meeting, either provide a written request directed to the Division Director’s Office at the Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, FL 32399, or call (850) 487-1395 for assistance.

HEARING AGENDA

I. Call to Order
II. Public Comment on Rule 61A-4.020, F.A.C.
III. Closing Remarks
IV. Adjournment

NOTICE TO INTERESTED PARTIES: The hearing proceedings will be recorded and/or transcribed. All comments of participating parties will be a matter of public record. If unable to appear in person, an interested party may provide comments to the Division of Alcoholic Beverages and Tobacco to be included in the record of this rule hearing by submitting the comments in writing to the Division contact listed below. The record of this rule hearing will remain open for the receipt of written comments through 5:00 p.m. on Friday, March 15, 2019.

DIVISION CONTACT: Rebecca Hays, Counsel for Compliance and Regulatory Programs
Division of Alcoholic Beverages and Tobacco
2601 Blair Stone Road Tallahassee, FL 32399
Phone: 850-717-1314
E-mail: Rebecca.Hays@myfloridalicense.com

_____________________________________________________________________

61A-5.0105 and 61A-5.747: Notice of Meeting/Workshop Hearing

Workshop Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Wednesday, January 30, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns

PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding proposed language for Rules 61A-5.0105 and 61A-5.747, F.A.C.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

 

61A-3.055 Hearing

Workshop Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Wednesday, January 16, 2019, 1:30 p.m. – 5:00 p.m., or until hearing adjourns

PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED:

Public hearing regarding proposed language for Rule 61A-3.055, F.A.C.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-5.0105 and 61A-5.747: Notice of Meeting/Workshop Hearing

Workshop Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a hearing to which all persons are invited.

DATE AND TIME: Tuesday, November 27, 2018, 1:30 p.m. – 5:00 p.m., or until hearing adjourns

PLACE: 2601 Blair Stone Road, Building C, Room 409, Tallahassee, FL 32399

GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding proposed language for Rules 61A-5.0105 and 61A-5.747, F.A.C.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

 

61A-3.055: Notice of Proposed Rule

Division of Alcoholic Beverages and Tobacco

RULE NO.: RULE TITLE:
61A-3.055 Items Customarily Sold in a Restaurant

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to update and revise existing language and remove unnecessary language.

SUMMARY: The proposed rulemaking amends Rule 61A-3.055, F.A.C., to update and revise existing language and remove unnecessary language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the Agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 561.11, F.S.

LAW IMPLEMENTED: 565.045, 24.122(4), F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)717-1314, Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

 

61A-3.054: Notice of Development of Rulemaking

61A-3.055: Notice of Development of Rulemaking

61A-3.054 and 61A-3.055: Notice of Meeting/Workshop Hearing

Workshop Agenda

The Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco announces a workshop to which all persons are invited.

DATE AND TIME: September 27, 2018, 9:00 a.m.

PLACE: 1400 Commercial Blvd., Room 195, Ft. Lauderdale, FL 33309.

GENERAL SUBJECT MATTER TO BE CONSIDERED: Development of Rules 61A-3.054, Party-Type Supplies and 61A-3.055, Items Customarily Sold in a Restaurant, F.A.C.

A copy of the agenda may be obtained by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Rebecca Hays, Counsel for Compliance and Regulatory Programs, at (850)717-1314 or Rebecca.Hays@myfloridalicense.com.

_____________________________________________________________________

61A-5.0105: Notice of Development of Rulemaking

61A-5.0105: Notice of Proposed Rule

61A-5.747: Notice of Proposed Rule

RULE NO.: RULE TITLE:
61A-5.0105 Beverage Licenses, New Quota Issue

PURPOSE AND EFFECT: To update and consolidate language regarding the quota drawing entry procedure.

SUBJECT AREA TO BE ADDRESSED: To update the quota drawing entry procedure by consolidating information regarding the Quota License Drawing Entry Form, found in Rule 61A-5.747, F.A.C., into Rule 61A-5.0105, F.A.C., and incorporating the Quota License Drawing Entry Form into Rule 61A-5.0105, F.A.C.

RULEMAKING AUTHORITY: 561.11 FS.

LAW IMPLEMENTED: 120.57, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)717-1314.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

Notice of Emergency Rule:

61AER16-1: Definition of Established Price

This emergency rule defines “established price” as used in s. 210.25(13), F.S., and concerns the assessment of tobacco products. The rule states that the established price of a tobacco product includes all costs of sale between a manufacturer and a distributor; the plain meaning of the statute.

Effective Date: March 9, 2016 Expiration Date: June 7, 2016

Applications

Applications: 61A-2.014 The purpose and effect is to repeal Rule 61A-2.014.

Approved Forms

Approved Forms: 61A-2.019 The purpose and effect is to repeal Rule 61A-2.014.

Proposed and Final Tax Assessments

Proposed and Final Tax Assessments: 61A-2.023 The purpose and effect of the proposed rule is to promulgate Rule 61A-2.023, F.A.C. in order to establish the processes for tax assessments, including taxpayer appeal rights.

Final Refund Denials: 61A-2.024

Final Refund Denials: 61A-2.024 The purpose and effect of the proposed rule is to promulgate Rule 61A-2.024, F.A.C. in order to establish the processes for tax assessments and refund denials, including taxpayer appeal rights.

Special Food Service Licenses

Special Food Service Licenses: 61A-3.0141 The purpose and effect of the proposed rule amendments is to update, add clarity, and omit obsolete references to the current rule which addresses requirements for special restaurant licenses.

July 16, 2015

July 14, 2016

May 17, 2016

March 9, 2015

Licensing Manufacturers as Vendors

Licensing Manufacturers as Vendors: 61A-3.056 The purpose and effect of the proposed rule is to define applicable license qualifications and create a license application. The Division does not anticipate preliminary rule language to be prepared in advance of the workshop on March 3, 2015.

Malt Beverage, Keg Deposits

Malt Beverage, Keg Deposits: 61A-4.0131 The purpose and effect is to repeal 61A-4.0131, F.A.C.

Deliveries to Vendors

Deliveries to Vendors: 61A-4.030  The purpose and effect is to repeal Rule 61A-4.030, F.A.C.

Passenger Vessels Engaged In Foreign Commerce

Passenger Vessels Engaged In Foreign Commerce: 61A-4.041 This rule establishes the process by which passenger vessel permittees will report quarterly capacity and the associated taxes due based on the amended tax method applicable to this classification of licenses regulated by the division.

Application for Vehicle Permits

Application for Vehicle Permits: 61A-5.0011  The purpose and effect is to repeal Rule 61A-5.0011, F.A.C.

Cigarette Distributing Agent Requirements

Cigarette Distributing Agent Requirements: 61A-10.0022  The purpose and effect is to repeal Rule 61A-10.0022, F.A.C.

12/21/2021 – Informational Bulletin 2021-004: Convenience Business Security

The Division is now designated as the Agency tasked with the enforcement of the Convenience Business Security Act.  Convenience Businesses will report crimes and provide employee educational curricula to the Division for review.  The Division is authorized to review the security measures of Convenience Businesses to ensure compliance with the Act.

 

11/23/2021 – Informational Bulletin 2021-003: Ready to Drink Products and In-Store Servicing

Currently, Florida law specifically authorizes the in-store servicing of beer, malt beverage, and wine products.   However, the in-store servicing of liquor products is prohibited.

 

09/27/2021 – Informational Bulletin 2021-002: Retail Sales of Tobacco and Nicotine

Sales of tobacco products or nicotine products are limited to consumers at least 21 years of age and older by Chapter 2021-14, Laws of Florida. In addition, retailers selling nicotine products are required to seek a permit from the Division and follow the requirements of the newly implemented section titled “Part II, Nicotine Products” within Chapter 569, Florida Statutes.

 

07/01/2021 – Informational Bulletin 2021-001: Cocktails To Go

Chapter 2021-30, Laws of Florida, amends several sections of the Beverage Law to address the sale of alcoholic beverages in licensee-sealed containers for consumption off of the licensed premises in certain limited instances.

 

01/03/2020 – Informational Bulletin 2020-001: Solicitation and Placement of Wholesale Sales Orders

Section 561.68, Florida Statutes, creates the licensing framework for individuals who seek to become employed as a salesperson of spirituous or vinous beverages for a licensed Florida distributor.  Any individual seeking to either solicit the sale, or to sell, these types of alcoholic beverages must be licensed to do so prior to engaging in such business.  The required affiliation with a distributor precludes any individual or entity affiliated with the manufacturer tier from soliciting or selling spirituous or vinous beverages to vendors, unless otherwise authorized by statute.

 

05/15/2019 – Informational Bulletin 2019-001: Glassware

Allows a distributor that receives branded glassware at no charge on a no-charge invoice from a malt beverage manufacturer or importer to give up to 10 cases per calendar year per licensed premises of such glassware to a vendor who is licensed to sell malt beverages for consumption on premises.

 

02/25/2016 – Informational Bulletin 2016-001: Manufacturing of Cider or Mead in Florida

Cider is a beverage created most commonly by fermenting the juice of apples and may include flavored, sparkling, or carbonated cider varieties. This informational bulletin discusses the current authority for manufacturing cider or mead, the licenses required, and excise taxes applicable under the Florida Beverage Law.

Notification to Delinquent Alcoholic Beverage Accounts Effective July 1, 2022

During the 2021 Legislative session, Senate Bill 1966 amended section 561.42, Florida Statutes, authorizing vendors and requiring the Division to use electronic mail to communicate certain notices. The Division of Alcoholic Beverages & Tobacco is pleased to announce that effective July 1, 2022 notifications to retail alcoholic beverage vendors in regards to unpaid alcoholic beverage accounts with one or more licensed alcoholic beverage distributors will be sent by electronic mail. This new process significantly reduces the time and expense it would otherwise take to distribute these notifications by mail.

Washington County Has Voted to End "Dry County" Status

WASHINGTON COUNTY HAS VOTED TO END “DRY COUNTY” STATUS

On January 21, 2022, Washington County held a local option election pursuant to Chapter 567, Florida Statutes, in which a majority of registered voters approved of permitting the sale of intoxicating liquors and the sale of alcoholic beverages for consumption on the premises and sales by the package.

HOW DOES THIS IMPACT MY LICENSE OPTIONS IN WASHINGTON COUNTY?

On April 26, 2022, the Division received certification from the Circuit Court verifying the Washington County local option election results.  Therefore, the holder of a 1APS, 1COP. 2APS, or 2COP license is authorized to sell malt or vinous beverages containing more than 6.243 percent of alcohol by volume so long as the products are permitted to be sold in Florida within the restrictions of the license type currently held and the restrictions printed on these licenses presently issued are no longer valid.

Please note: Series 1 APS and 1 COP licenses authorize the sale of malt beverages only. Series 2APS and 2COP licenses authorize the sale of malt and vinous beverages only. Licensees holding 2APS and 2COP type licenses may now sell any malt or vinous beverages permitted to be sold in Florida without any additional licensure requirements.

Further, spirituous alcoholic beverages may only be sold by a licensee holding a license that allows for the sale of liquor. Specialty licenses such as those for restaurants, hotels, golf courses, etc., have specific qualifications which must be met prior to the issuance of these licenses.

Click here to view a list of the types of licenses available and the corresponding qualifications.

You may obtain the application and instructions to apply for a specialty liquor license at the following link: Beer, Wine and Liquor Consumption on Premises (8COP).

Once you have completed your application, it may be e-mailed, mailed, or hand delivered to any Division of Alcoholic Beverage and Tobacco district office. Click here to find the district office addresses and other pertinent information. You may also visit DBPR Online Services to submit your application electronically.

INITIAL QUOTA LICENSE ISSUANCE:

The Division projects that three new quota alcoholic beverage licenses will be available for issuance in Washington County in the 2022 Quota Beverage License Drawing, based on the county’s current population. Persons considered for issuance of these licenses are selected through a double random drawing held pursuant to section 561.19, F.S.

Details related to the quota drawing process can be found in rule 61A-5.0105, F.A.C. Instructions for filing an entry in the drawing, the counties eligible for the 2022 drawing, and additional details regarding the 45-day entry period, will be posted on the Division’s website prior to the entry period opening on Monday, August 15, 2022. Entry forms will be available when the drawing entry period opens.

The actual drawing to select the persons who are entitled to apply for these licenses will occur after all entry forms received have been reviewed and each person to be included in the drawing is determined to be eligible.  The Division will announce the date of the 2022 Quota Beverage Drawing when the date is determined.

Please note that the upcoming drawing to be held over the coming months is the 2021 Quota Beverage License Drawing.  The entry period for the 2021 Quota Beverage License drawing opened on August 16, 2021, prior to the authorization by Washington County voters.  Therefore, Washington County will not be awarded any licenses in the upcoming drawing.

Updated Annual Fees for Alcoholic Beverage Licenses Will Be Effective October 1, 2019

Updated Annual Fees for Alcoholic Beverage Licenses Will Be Effective October 1, 2019

Beverage License Fees in Baker, Bradford, Jackson, and Washington Counties to Increase Based on an Increase in County Population

Fees in Monroe County to Decrease Based on Decrease in County Population

The Florida Division of Alcoholic Beverages and Tobacco Annual License Fees list, which takes effect October 1, 2019, is available here. The updated fee list includes changes in license fees effectuated by increases or decreases in county population.

According to the University of Florida’s Bureau of Economic and Business Research, 2018 Florida Estimates of Population, the population for Baker, Bradford, Jackson, and Washington Counties all increased to a level consistent with an increased fee tier, and Monroe County decreased to a level consistent with a decreased fee tier.

Baker County, with an increase in population to 27,652, Bradford County, with an increase in population to 28,057, and Washington County, with an increase in population to 25,129, have all qualified for an increased fee tier applicable to counties with a population between 25,000 and not over 50,000. The fee increase will take effect October 1, 2019. Accordingly, the license series for spirituous alcoholic beverage licenses in Baker, Bradford, and Washington Counties will change from 8COP to 7COP for consumption on premises licenses and from 3DPS to 3CPS for package sales only licenses. Jackson County, with an increase in county population to 50,435, has qualified for an increased fee tier applicable to counties with a population between 50,000 and not over 75,000. Accordingly, the license series for spirituous alcoholic beverage licenses in Jackson County will change from 7COP to 6COP for consumption on premises licenses and from 3CPS to 3BPS for package sales only licenses.

Monroe County, with a decrease in population to 73,940, has qualified for a decreased fee tier applicable to counties with a population between 50,000 and not over 75,000. Accordingly, the license series for spirituous alcoholic beverage licenses in Monroe County will change from 5COP to 6COP for consumption on premises licenses and from 3APS to 3BPS for package sales only licenses.

Notice of Public Hearing

Notice of Public Hearing to be held December 11, 2017. Click Here to review the complete notice.

Jackson County Voters Elect to Permit Alcoholic Beverages

Sales Options Approved by Voters Will Expand Choices of License Types in Jackson County On November 14, 2017, Jackson County held a local option election pursuant to Chapter 567, Florida Statutes, in which a majority of registered voters approved of permitting alcoholic beverages containing more than 6.243 percent of alcohol by volume to be sold by the drink on the licensed premises of retail vendors. Previously, retail vendor premises located within Jackson County and holding a license issued by the Division of Alcoholic Beverages and Tobacco were restricted to sales by the package in sealed containers for consumption off the premises where sold, or if offered by the drink for consumption on the premises, restricted to sales of alcoholic beverages containing no more than 6.243 percent of alcohol by volume. Pursuant to section 567.12, F.S., any resident of Jackson County shall have the right to test the legality and regularity of the election by suit in equity in the circuit court of the county. Florida law requires such suit to test the validity of the local option election to be filed within 90 days after the recording of the declaration of the result of the election in the minutes of the board of county commissioners. HOW DOES THIS IMPACT MY LICENSE OPTIONS IN JACKSON COUNTY? The holder of a 1APS, 1COP. 2APS, or 2COP license will be authorized to sell malt or vinous beverages containing more than 6.243 percent of alcohol by volume so long as the products are permitted to be sold in Florida within the restrictions of the license type currently held. The holder of a series 3BPS quota alcoholic beverage license, which is restricted to sales by the package only, may apply to change the license to a 6COP license series to permit the sale of any alcoholic beverages by the drink for consumption on the premises. Applicants and current licensees also may consider one of several special license types in the 6COP series which are authorized for the sale of intoxicating liquors by the drink for consumption on the premises, such as a special food service establishment license (6COP-SFS). Click here to view a list of the types of licenses eligible for the sale of alcoholic beverages by the drink for consumption on the licensed premises. Note that several specialty license types featured on the list may require special qualifications which must be met prior to the issuance of the license. HOW CAN I APPLY FOR A LICENSE OR FOR A CHANGE TO A LICENSE SERIES? The application and instructions to apply for an alcoholic beverage license or a change in license series are available through the Department of Business and Professional Regulation’s Application Center. Completed applications may be submitted to any district office of the Division – for office locations, click here.

Excise Tax Rate On Pear Cider

During the 2016 Legislative Session, Chapter 564.06, Florida Statutes was amended to include pear cider in the special taxing rate of $.89 per gallon. Click for more information on this change.

Pool Buying

The Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco, is informing the alcoholic beverage industry that the Division has investigated and continues to investigate/audit all aspects of pool buying including, but not limited to, proper record keeping, the conduct of pool buying agents, pool buying members and distributors. Pool buying is a limited exception to the prohibition against vendor to vendor sales. Unfortunately, as a result of the Division’s ongoing investigations/compliance audits, it has become apparent that not all industry members are adhering to Florida Administrative Code rule 61A-4.0501. Pool buying agents, pool buying members and distributors must comply with all Florida Beverage Laws and Rules. Failing to comply will result in the initiation of administrative proceedings pursuant to Section 561.29, Florida Statutes. To that end, the Division’s ongoing compliance audits will include an increased focus on potential pool buying violations.

Tied House Evil

The Division of Alcoholic Beverages and Tobacco has investigated and continues to investigate alleged violations of Florida’s Tied House Law, Section 561.42, Florida Statutes. These investigations have led to administrative action by the Division regarding transactions between licensed wholesale distributors and licensed retail vendors (restaurants, bars, etc.) for unlawful compensation, either directly or indirectly through third party marketing companies, in violation of Section 561.42, Florida Statutes, and the rules implementing this statute. As a result of the Division’s ongoing investigations and administrative action, certain industry members are adhering to, and the Division has approved, the following set of guidelines in a cooperative effort to cease any further potential unlawful activity generated through marketing companies:

  • A distributor, manufacturer, their agent, or marketing company shall not pay a retail vendor to place its brands in the retail vendor’s business.
  • A retail vendor, their agent, or marketing company shall not accept any payment from a distributor, manufacturer, or their agent or marketing company for the purchase of any distributors or manufacturers brands.
  • A marketing company shall not provide things of value or perform services paid for by the distributor or manufacturer that benefit a retail vendor which cannot be performed legally by the distributor.

Wholesale distributors are requiring signed compliance certifications from all alcoholic beverage marketing companies that incorporate the above guidelines and certifying that they have no ownership interest in any retail vendor licensed to sell alcoholic beverages in the State of Florida before any marketing or promotional services may be performed. All distributors and retail vendors must comply with all Florida Beverage Laws, specifically Section 561.42, Florida Statutes, and the related tied House rules implementing this statute. Utilization of marketing companies in any manner which fails to comply will result in the initiation of administrative proceedings against both licensed distributors and retail vendors pursuant to Section 561.29(1)(k), Florida Statutes. To that end, the Division’s wholesale compliance audits will include an increased focus on potential tied house evil violations and third party marketing agreements.

Beverage Law Related to the Direct Shipment of Wine

Florida’s Beverage Law is contained in chapters 561, 562, 563, 564, 565, 567, and 568, Florida Statutes. In 2005, a federal court held that it is unconstitutional for Florida to prohibit the direct shipment of wine by out-of-state wineries while at the same time authorizing the direct shipment of wine by in-state producers. The remainder of the Florida Beverage Law, however, continues to apply to the sale of alcoholic beverages, including the direct shipment of wine by both in-state and out-of-state wineries. The following paragraphs highlight several of those sections of law. However, you should be aware that these paragraphs are not intended to provide you with an exhaustive summary of the Beverage Law. You should refer to the statutes themselves, as well as the Department’s rules, in order to familiarize yourself with the entirety of Florida’s Beverage Law, including the full range of penalties for noncompliance. Florida’s Three-Tier Alcoholic Beverage Licensing Structure Florida’s Beverage Law makes it a second degree misdemeanor to manufacture, bottle, distribute, sell, or in any way deal in alcoholic beverages without first obtaining a license from the State. Section 562.12, Florida Statutes. Florida’s three-tier system provides that licensees may only hold licenses within one tier of the system, either as a manufacturer, distributor, or vendor, although Florida law permits Florida wineries to hold a license in more than one tier. Section 561.14, Florida Statutes, provides that manufacturers of alcoholic beverages must be licensed as manufacturers. Distributors must be licensed and may purchase alcoholic beverages from manufacturers to sell to retail vendors only. A retail vendor must be licensed and may sell alcoholic beverages to consumers 21 years of age or older. Florida’s Beverage Law prohibits any person from holding a license at any tier if he or she “has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States ….” Section 561.15, Florida Statutes. That same prohibition applies to a corporation where any of its officers have been convicted of any of the offenses listed above. General Prohibitions Regarding Selling or Serving Alcohol Florida’s Beverage law provides that ‘sale’ and ‘sell’ mean any transfer of an alcoholic beverage for consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.”Section 561.01, Florida Statutes. Florida’s legal drinking age is 21, and Florida’s Beverage Law makes it “unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age ….” Section 562.11, Florida Statutes. It is illegal to sell alcoholic beverages without a license or, in the case of licensees, to sell alcoholic beverages except as permitted by his or her license. Section 562.12, Florida Statutes. It is also illegal to sell any intoxicating liquors, wines, or beer in any county that has voted against the sale of such beverages. Section 568.02, Florida Statutes. Prohibitions and Penalties for Failure to Comply with Florida’s Excise Tax Florida’s Beverage Law prohibits the ownership, possession, purchase, sale, serving, distribution or storage of any alcoholic beverage within the State unless the required excise tax has been paid on the beverage. Sections 562.01 and 562.15, Florida Statutes. Florida’s Beverage Law provides a number of penalties for possession of alcoholic beverages on which no excise tax has been paid. First, possession of any alcoholic beverage on which tax has not been paid constitutes prima facie evidence that the beverage is being manufactured, sold, removed or concealed with design to evade payment of the excise tax. Section 562.30, Florida Statutes. The only exceptions made are for: licensed manufacturers or distributors, state bonded warehouses, and common carriers. Second, in addition to any other fines and penalties, Florida’s Beverage Law imposes personal liability on any person or corporation in possession of any such alcoholic beverages. Section 562.16, Florida Statutes. The only exceptions made are for: licensed manufacturers and distributors, state bonded warehouses, common carriers, and persons in possession of less than one gallon of such beverages as long as the beverages were purchased by that person outside of Florida in accordance with the laws of the place of purchase. Finally, the willful violation of any provision of Florida’s Beverage Law concerning the excise tax constitutes a felony of the third degree. Section 562.45, Florida Statutes.

The Division has compiled a chronological Declaratory Statement Index that identifies declaratory statements issued from 1982 to the present. For each declaratory statement, this index provides the date issued, any assigned declaratory statement number, any related Division case number, the petitioner’s name that links to the declaratory statement document, and the primary statutes or rules discussed. The declaratory statements are in PDF format. Download Adobe Reader to view and print PDF documents.

Date Issued Dec. Statement Number Division Case Number Petitioner(s) Statute(s)/Rule(s)
February 8, 1982 82A-312 The Thong Enterprises, Inc. d/b/a Can Can 561.01(11); 561.17(1)
September 22, 1995 95-05340 Salvatore A. Italiano 561.42(1); 61A-4.018
April 3, 1996 96-01977 Universal City Florida Partners & Joseph E. Seagram And Sons, Inc. 561.22; 561.42
April 24, 1997 97-03935 Robert W. Summers 561.15(2); 61A-1.017(2)(g)
April 17, 1997 97-03610 Sega Gameworks L.L.C 561.22; 561.42
March 24, 1998 98-01 98-01871 Friday’s Hospitality Worldwide, Inc. 561.22; 561.42
July 15, 1998 98-016 97-03611 Bass PLC 561.22; 561.42
January 7, 1999 98-33 99-00076 Great House of Wine, Inc. 561.41; 561.411; 564.02(3)(a)
March 29, 2001 2000-026 97-03612 Fitzpatrick Enterprises, Inc. 561.01(4),(5)
July 20, 2001 2001-002 97-03613 Angostura Holdings Ltd. 561.22; 561.42
June 16, 2002 2002-011 2002-02186 Michael J. Skweir 561.01(7); 61A-1.006(5)
April 2, 2003 2003-001 2003-00994
2003-01038
Superior Liquors, Inc. 561.57(2)
July 18, 2003 2003-011 2003-02161
2003-02170
Florida Orange Groves, Inc. 561.42
April 21, 2004 2004-006 2004-01436 ABC Liquors, Inc. 561.42; 61A-1.010
May 26, 2005 2005-004 2005-013380 Circle K Stores, Inc. 561.42
October 17, 2005 2005-030 2005-038473
2005-038473
Midway Lounge c/o Morgan Howard 561.01(10); 561.42; 563.065
May 11, 2007 2007-014 2007-020622
2007-03901
Charles E. Bailes,  III d/b/a ABC Fine Wine and Spirits 561.424
July 18, 2008 2008-035 2008-030983 Instant Access Media 561.42; 61A-1.010
August 5, 2009 2009-035 2009-024646
2009-06502
Glenn Schaeffer 561.42(1)
November 24, 2009 2009-071 2009-060501
2009-09824
BeerRightNow.com LLC 561.42
July 19, 2010 2009-077 2009-062444
201006644
Harbor Village Golf & Yacht Club Community Services Association, Inc. 561.20(7)(a),(b)
June 15, 2010 2010-005 2010-005020
2010-05319
Groves Community Development District 561.20(2)(h)
July 26, 2010 2010-040 2010-026094
2010-06807
Gulf Distributing Co. of Mobile, LLC and Goldring Gulf Distributing, LLC 561.01(11);
561.5101
January 7, 2011 2010-090 2010-058037
2011-00232
Display Points Group, Inc. 561.42; 61A-1.010
May 5, 2011 2011-011 2011-017218
2011-02989
Wawa, Inc. 561.17(1); 61A-2.014
March 8, 2012 2011-017 2011-017267
2012-01493
BK Whopper Bar, LLC 561.22; 561.42
April 13, 2011 2011-019 2010-049921
2011-02627
Bottle Club, LLC d/b/a EYZ Wide Shut II 561.01(15)
July 7, 2011 2011-020 2010-021624
2011-04640
Regency Centers, L.P. 561.17(1)
May 5, 2011 2011-021 2011-007632
2011-02988
Club Madonna 562.121
January 7, 2011 2011-025 2011-009975
2011-00232
Tantus Tobacco Holdings, LLC 210.01; 210.15
January , 2012 2011-043 2011-026560
2012-00032
Schnebly Redland’s Winery 561.42; 561.221
September 30, 2011 2011-072 2011-046345
2011-08368
Astor Post No. 9986 Veterans of  Foreign Wars of the United States, Inc. 61A-1.010;
61A-1.0104
May 7, 2012 2011-098 2012-008169
2012-02930
Astor Post No. 9986 Veterans of  Foreign Wars of the United States, Inc. 61A-1.010; 61A-1.0104
June 8, 2012 2012-041 2012-022917
2012-022177
2012-06975
Jacksonville Kennel Club, Inc. & JGR Services, Inc. 561.29(1)(b)
December 12, 2012 2012-046 2012-025974
2012-07798
Home Rolled, Inc. 210.25(11); 569.003(1)(a)
June 6, 2013 2013-005 2013-003711
2013-03157
Bottle Club, LLC d/b/a EYZ Wide Shut II 561.01(11); 561.14(6); 561.17(1)
September 25, 2013 2013-051 2013-05673 Bottle Club, LLC d/b/a EYZ Wide Shut II 561.01(11); 561.14(6); 561.17(1)
December 31, 2013 2013-055 2013-029245
2013-08096
Polar Trading Co., Inc. 561.14; 563.022
February 21, 2014 2013-111 2013-049209 Williams Compliance 564.08
February 26, 2014 2013-114 2013-050157
2014-01250
Linda W. Horton 561.02; 562.025
April 1, 2014 2013-115 2014-02292 Laurence Robinson 561.57; 562.07
June 12, 2014 2013-116 2014-004418
2014-04393
Buonafide Foods, LLC 561.41
June 12, 2014 2014-004 2014-003257 Jeffrey M. Borysiewicz 561.22; 561.42; 565.03
May 5, 2014 2014-117 2015-018391
2015-03967
Brew2U, Inc. 561.14
February 20, 2015 2014-148 2014-048474
2015-01619
Robert M. Ardis 61A-3.017(2)
April 20, 2015 2014-153 2014-044724
2015-03483
Uber Promotions, Inc. 509.241
May 4, 2015 2015-010 2015-005711
2015-03902
Food & Beverage Innovations, LLC 561.42
August 3, 2015 2015-054 2015-021476
2015-06513
Food & Beverage Innovations, LLC 561.42
August 4, 2015 2015-060 2015-021488
2015-06541
Robert Rinke 561.20(2)(b)(1)
October 30, 2015 2015-087 2015-030468
2015-09063
Citibank & an Australian winery 61A-1.010
February 11, 2016 2015-140 2015-050577
2016-01139
Silver Springs Moose Lodge No. 1199, Loyal Order of Moose, Inc. 561.01(6); 561.29(1)(a)
January 9, 2017 2016-075 2016-047430
2017-00153
Chris L. Harriman 61A-3.019
December 6, 2016 2016-077 2016-049026
2016-09398
Tom Perugini 561.14
May 16, 2017 2017-004 2017-010106
2017-03871
Chris L. Harriman 61A-3.019
September 21, 2017 2017-029 2017-024640
2017-07497
Logic Technology Development, LLC 210.25(12)
August 15, 2017 2017-041 2017-028695
2017-06453
Palm Bay International, Inc. 61A-1.010
December 26, 2017 2017-064 2017-046592
2017-09878
La Galere Markets, Inc. 561.01(9),(11); 561.17; 562.06; 562.14; 61A-3.017
January 19, 2018 2017-071 2017-052675
2018-00410
Drum Circle Distilling, LLC 565.03(2)(c)
February 14, 2018 2017-076 2017-057732
2018-01096
Pilot Travel Centers, LLC 561.22; 561.42
March 3, 2018 2017-079 2017-059465
2018-01659
7-Eleven, Inc. 569.003
April 5, 2018 2018-001 2018-001066
2018-02514
MB Doral, LLC, d/b/a Martinibar 561.01(9),(11); 561.14(2); 561.17; 561.20(2)(a)5; 561.23; 561.29; 561.42; 561.56; 561.57; 562.06; 562.23; 562.41(5); 562.42; 563.021; 61A-1.010; 61A-2.022; 61A-3.017
April 23, 2018 2018-004 2018-004282
2018-02931
Robert D. Epstein 561.54(1); 561.545(1),(2);
July 2, 2018 2018-024 2018-018259
2018-05244
7-Eleven, Inc. & Genesis Logistics, Inc. of Delaware 569.003; 569.007(5);
210.35(2)
July 5, 2018 2018-030 2018-020895
2018-05442
The Vino Cart, LLC 561.20(2)(a)5
August 15, 2018 2018-038 2018-026761
2018-06563
Arnold’s Wines, Inc. d/b/a Kahn’s Fine Wines and Spirits 561.54; 561.545
November 5, 2018 2018-059 2018-042225
2018-09140
Mark Remson 561.01(11)
January 29, 2019 2018-069 2018-048764
2019-00629
De Vinco Company 561.02
July 3, 2019 2019-026 2019-018146
2019-05816
Jon Whitehouse 561.01(4)(a)
August 14, 2019 2019-030 2019-023763
2019-06976
Fat Tuesday/New Orleans Original Daiquiris 565.045(1)
August 28, 2019 2019-036 2019-026544
2019-07574
Anthony Masso 561.01(15);
561.14(6); 561.20(7)(a)
December 16, 2019 2019-073 2019-058557
2019-10407
QAC, LLC, d/b/a Eagle Brands 561.42(1),(7); 561.423
February 3, 2021 2020-005 2020-002702
2021-00673
Winn Dixie Stores, Inc. 561.42; 61A-1.010; 61A-1.0107
April 29, 2021 2020-007 2020-003468
2020-02751
Jon L. Whitehouse 561.01(4)(a);
565.01
November 3, 2020 2020-045 2020-036433
2020-05962
Brewdog Brewing Company LLC 563.022(16)
May 5, 2021 2021-003 2021-006266
2021-03180
Basik Trading Inc. 210.40
October 15, 2021 2021-036 2021-030344
2021-07663
Flagami Liquors, LLC 561.20(2)(a)5;
565.02(1)(a)

The Division has compiled a chronological Variance and Waiver Index that identifies variances and waivers issued from 2008 to the present. For each variance or waiver, this index provides the date issued, any assigned variance or waiver number, any related Division case number, the petitioner’s name that links to the related document, and the primary statutes or rules discussed. The variances and waivers are in PDF format. Download Adobe Reader to view and print PDF documents.

 

Date Issued VW Number Division Case Number Petitioner(s) Statute(s)/Rule(s)
April 2, 2009 2008-058 2008-044170 Jerry’s Famous Deli, Inc. 61A-3.055
May 21, 2008 2008-068 2008-029892 Hyatt Corporation, Inc. 61A-2.014
May 21, 2008 2008-101 2008-029837 TGI Friday’s, Inc. 61A-2.014
May 21, 2008 2008-163 2008-029895 DRD of Okeechobee, Inc. d/b/a Shooter’s Billiards 61A-2.022
September 5, 2008 2008-193 2008-07536 Whole Foods Market, et al. 562.13;
61A-3.039
January 26, 2009 2008-341 2008-063789

2009-00588

Tavistock Restaurants II, LLC 61A-2.014
April 2, 2009 2009-435 2008-051762 National Deli Corp. 565.045;
61A-3.055
February 1, 2013 2012-086 2012-047890

2013-00548

Hudson Food Stores, Inc. 61A-3.054
August 28, 2012 2012-151 2012-023854

2012-05398

Lost Tree Club, Inc. 61A-2.014(6)
November 1, 2013 2013-124 2013-020173

2013-06544

Ocala Breeders Sales Co, Inc. 61A-5.010
September 5, 2013 2013-152 2013-05227 Treasury Wine Estates Co. 61A-1.0101(3)
June 12, 2014 2014-200 2014-008268

2014-04394

G.C.R. Inc. of Florida d/b/a Rollo’s Liquors 61A-3.054

 

November 20, 2015 2015-107 2015-036038

2015-09700

XYZ Liquor 61A-3.054
October 30, 2015 2015-189 2015-033341

2015-09062

Publix Supermarkets, Inc. 61A-3.039
September 20, 2016 2016-145 2016-029591

2016-07266

DPKA LLC d/b/a Smoke & Spirit Outlet 61A-3.054
January 10, 2017 2016-233 2016-049959

2017-00154

Publix Supermarkets, Inc. 61A-3.054
May 19, 2020 2020-006 2020-002954

2020-02958

Moonshine Suppliers, LLC, d/b/a Tailgate Beverages 61A-3.054

Legislative Action on Alcoholic Beverages & Tobacco Laws

Craft Distilleries (Based on Senate Bill 46 – Effective Date July 1, 2021)

The bill redefines the terms “craft distillery” and “branded product”.  The bill also authorizes certain craft distilleries to be licensed as a vendor in this state if all requirements are met, and creates provisions to permit the sale of up to 75,000 gallons per calendar year of branded products for consumption on and/or off the premises where permitted.  The bill also authorizes on and off premises tastings in certain situations.

Chapter 2021-166

Beverage Law (Based on Senate Bill 148 – Effective Date July 1, 2021)

The bill amends s. 561.20(2)(a)4, F.S., authorizing food service establishments to sell or deliver alcoholic beverages in a sealed container for off-premises consumption if the sale or delivery is accompanied by the sale of food within the same order. Such authorized sale or delivery includes wine-based and liquor-based beverages prepared by the licensee or its employee and packaged in a container sealed by the licensee or its employee. Any sale or delivery of malt beverages must comply with the container size, labeling, and filling requirements imposed under s. 563.06. The bill also broadens s. 565.045 (1), F.S., to include deliveries by the drink or in manufacturer-sealed containers. It authorizes the sale or delivery of alcoholic beverages prepared by the licensee for off-premises consumption if the alcoholic beverage is in a container sealed by the licensee as long as certain conditions are met.

Chapter 2021-30

Lake and Sumter Counties (Based on House Bill 385 – Effective Date June 21, 2021)

The bill amends ch. 2002-334, Laws of Florida, and redefines the areas where certain entities are eligible to be issued a special alcoholic beverage license for the sale of alcoholic beverages, and the manufacturing and sale of malt beverages, for consumption on the premises only.

Chapter 2021-244

Lake County Map
NKB Sumter The Villages Map

City of Gainesville, Alachua County (Based on House Bill 751 – Effective Date June 21, 2021)

The bill authorizes food trucks that are in food truck parks located in Innovation Square, Gainesville FL, to obtain a specialty alcoholic beverage license if certain provisions are met. It authorizes patrons to consume the alcoholic beverages within the food truck park as long as the food truck park has permanent fencing; municipal water, sewer, and solid waste; sunsails; tables; and seating.

Chapter 2021-245

Gainesville Context Area Map

Gainesville Ordinance 190714

Duties of the Attorney General (Based on Senate Bill 1040 – Effective Date July 1, 2021)

The bill transfers responsibility for the Convenience Store Safety Act from the Office of the Attorney General to the Department of Business and Professional Regulation.

Chapter 2021-131

Tobacco Products (Based on Senate Bill 1080 – Effective Date October 1, 2021)

The bill raises the minimum age from 18 to 21 to lawfully purchase tobacco products. The bill transfers current regulation and enforcement of nicotine products and devices to the Division of Alcoholic Beverages and Tobacco. It requires retail nicotine product dealers to apply for and receive a nicotine retail dealer’s permit in order to sell nicotine products. It authorizes retail tobacco product dealers to also sell nicotine products under their license. It expands regulatory and enforcement provisions, as well as the associated penalties for non-compliance, currently applicable to retail tobacco dealers, for instance, consent to inspect and search licensed premises without a warrant, to apply to nicotine retail dealers.

Chapter 2021-14

City of Orlando (Based on Senate Bill 1647 – Effective Date – June 30, 2021)

The bill authorizes the Division to issue a special alcoholic beverage license to a bonafide restaurant licensed by DHR within the special area that occupies at least 1800 square feet of contiguous space, is equipped to serve meals to 80 people at one time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and non-alcoholic beverages during the first 60 day operating period and each 12 month operating period thereafter.

Chapter 2021-265

Audubon Main Street Program Map
College Park Main Street Program Map
Gateway Orlando Market Street Program Map
Ivanhoe Village Main Street Program Map
Mills 50 Main Street Program Map
Milk District Main Street Program Map

Department of Business and Professional Regulation (Based on Senate Bill 1966 – Effective July 1, 2021)

The bill facilitates communications and reporting requirements for the Division of Alcoholic Beverages and Tobacco and the division’s licensees by providing options for, and in some cases requiring, the use of electronic mail for notifications sent by the division; and requiring the use of the electronic data submission system (EDS) for monthly tax reports submitted to the division. In addition, the bill requires that fingerprints submitted when applying for licensure must be submitted through an approved electronic fingerprinting vendor or on forms prescribed by the Florida Department of Law Enforcement. Applicants must also provide proof of their right of occupancy for the premises sought to be licensed. The bill also amends the initial auditing period for series SFS licensees, and also allows for staggered auditing of licenses depending on the outcome of their most recent yearly audit.

Chapter 2021-135

Alcohol and Drug Overdose (Based on HB 595-Effective Date July 1, 2019)

The bill prohibits the arrest, charging, prosecution, or other penalties, pursuant to s. 562.11, F.S., for a person giving, selling, serving, or permitting a person under the age of 21 to possess or consume alcoholic beverages and who, acting in good faith, seeks medical assistance for the individual experiencing, or who is believed to be experiencing, an alcohol-related overdose. Such person must remain on the scene until medical assistance arrives, and cooperate with authorities.

Similarly, the bill prohibits the arrest, charging, prosecution, or other penalties, pursuant to s. 562.111, F.S., for a person who experiences, or has a good faith belief that he or she is experiencing, an alcohol-related overdose, if the evidence of the offense was obtained as a result of the person’s seeking medical assistance.

CHAPTER 2019-081

Alachua County (Based on HB 745-Effective Date May 10, 2019)

The bill authorizes businesses that are licensed to sell alcoholic beverages to patrons for consumption on the licensed premises to also sell such beverages for consumption off the licensed premises but still within Celebration Pointe.

City of Kissimmee, Osceola County (Based on HB 1099-Effective Date May 10, 2019)

The bill creates an overlay district in Kissimmee to be known as the “Downtown Community Redevelopment District.” Restaurants located in the overlay district will be eligible to obtain a special alcoholic beverage license under more lenient requirements than General Law pertaining to the minimum square footage of service area and the number of persons the restaurant must be equipped to serve at one time. Specifically, the bill requires the Division of Alcoholic Beverages and Tobacco to issue a special alcoholic beverage license to a bona fide restaurant located in the Downtown Community Redevelopment District if the restaurant:

 is equipped to serve meals to at least 80 persons at one time;
 occupies at least 1,800 square feet of service area; and
 derives at least 51% of gross food and beverage revenue from the sale of food and non-alcoholic beverages during the first 60 day operating period, and each 12 month operating period thereafter.

City of St. Cloud, Osceola County (Based on HB 1351-Effective Date June 4, 2019)

The bill creates an overlay district in St. Cloud to be known as the “Downtown Restaurant Area.” Restaurants located in the overlay district will be eligible to obtain a special alcoholic beverage license under more lenient requirements than General Law pertaining to the minimum square footage of service area and the number of persons the restaurant must be equipped to serve at one time. Specifically, the bill requires the Division of Alcoholic Beverages and Tobacco to issue a special alcoholic beverage license to a bona fide restaurant located in the Downtown Restaurant Area if the restaurant:

 is equipped to serve meals to at least 65 persons at one time;
 occupies at least 1,500 square feet of service area; and
 derives at least 51% of gross food and beverage revenue from the sale of food and non-alcoholic beverages during the first 60 day operating period, and each 12 month operating period thereafter.

Vaping (Based on HB 7012-Effective Date July 1, 2019)

The bill implements Article X, section 20 of the Florida Constitution, as amended by Amendment 9 (2018). The bill amends the language of part II of section 386, Florida Statutes, to reference vaping in all current prohibitions that apply to smoking. Further, the bill amends section 561.695, Florida Statutes, to allow a vendor that operates a stand-alone bar to authorize both tobacco smoking and vaping in the licensed premises.

Chapter 2019-014

Beverage Law (Based on HB 667-Effective July 1, 2018)

Beverage Law: Provides for electronic orders received at vendor’s licensed place of business to be construed as sale made at vendor’s licensed place of business; authorizes vendor to make certain deliveries in third-party vehicle; prohibits manufacturer licensed as vendor from making such deliveries; requires that licensee’s identity & age be verified & documented at time of delivery; requires that deliveries comply with age requirements for selling, giving, or serving alcoholic beverages.
CHAPTER 2018-133

St. Lucie County (Based on HB 891-Effective March 23, 2018)

St. Lucie County: Repeals special act relating to the issuance of alcoholic beverage
licenses.
CHAPTER 2018-169

Beverage Law (Based on HB 961-Effective October 1, 2018)

Beverage Law:  Authorizes malt beverage distributor to give branded glassware to vendors licensed to sell malt beverages for on-premises consumption; requires that glassware bear certain branding; provides an annual limit on amount of  glassware distributor may give to vendor; prohibits vendor from selling branded glassware or returning it to distributor for cash, credit, or replacement; requires manufacturers, importers, distributors, & vendors to maintain certain records.
CHAPTER 2018-135

Alcoholic Beverages (Based on HB 1265-Effective July 1, 2018)

Alcoholic Beverages: Removes certain liquor bottle size restrictions for operators
of intrastate railroads & sleeping cars; removes requirement that operators of intrastate railroads & sleeping cars keep separate alcoholic beverages intended for sale on passenger trains & alcoholic beverages intended for sale in railroad transit station.
CHAPTER 2018-138

City of Orlando, Orange County (Based on HB 1447-Effective March 23, 2018)

City of Orlando, Orange County: Provides exception to general law; provides requirements for special alcoholic beverage licenses for restaurants in described area.
CHAPTER 2018-187

Downtown Restaurant Area Map

Craft Distilleries (Based on HB 141-Effective Date June 2, 2017)

House Bill 141 increases the number of factory-sealed individual containers of distilled spirits a craft distillery may sell in a face-to-face transaction with a consumer per calendar year to a maximum of six containers of each branded product.
CHAPTER 2017-46

Division of Alcoholic Beverages and Tobacco (Based on HB 689-Effective Date July 1, 2017)

House Bill 689:

  • adds the Agency for Health Care Administration (AHCA) in s. 561.17, F.S., as an agency authorized to certify that an applicant for a consumption on premises license meets the sanitary requirements of the state;
  • specifies that a caterer issued a special license pursuant to s. 561.20(2)(a)5., F.S., must derive 51% of gross food and beverage revenue at each catered event from the sale of food and non-alcoholic beverages in order to maintain the license;
  • requires licensed caterers to maintain for a period of 3 years all records and receipts for each catered event, including all contracts, customers’ names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by department rule;
  • clarifies that sake is categorized as wine under the Beverage Law;
  • reduces the annual license fee for a craft distillery to $1,000;
  • eliminates the fee for a temporary license upon application for the transfer or change in series of a license.
    CHAPTER 2017-137
City of Jacksonville, Duval County (Based on HB 1291-Effective Date June 6, 2017)

House Bill 1291:

  • authorizes a business located inside the Stadium District of the City of Jacksonville, which is licensed to sell alcoholic beverages to patrons for consumption on the licensed premises, to also sell such beverages to patrons for consumption off the licensed premises during certain special events;
  • defines eligible special events (see Chapter 2017-212, L.O.F., for list);
  • requires an application fee of $100 once per calendar year for the initial temporary extension of the licensed premises for a special event;
  • allows an eligible business to obtain temporary extensions of the premises for subsequent special events during the same calendar year without payment of the $100 fee.
    Note: For temporary extensions of premises during any event or dates not covered by the special act or resolution of the Jacksonville City Council, the licensees located within the Stadium District will be subject to general law requirements for applications and related fees for an extension of premises.
    CHAPTER 2017-212
    Stadium District Map
    Stadium District of City of Jacksonville Qualifying Addresses
City of Jacksonville, Duval County (Based on HB 1293-Effective Date June 6, 2017)

House Bill 1293:

Charlotte County (Based on HB 1439-Effective Date June 6, 2017)

House Bill 1439:

  • authorizes issuance of special alcoholic beverage licenses to event centers in Charlotte County which have a seating capacity of no more than 800 seats, overall floor space of no more than 10,000 square feet, and derive no less than 51 percent of annual gross income from the sale of event center tickets and food and nonalcoholic beverages that are prepared, served, and consumed on such premises.
  • defines an eligible “event center” in Charlotte County as a facility that routinely hosts events with entry granted to customers who have purchased tickets, including, but not limited to, musical concerts and art shows; hosts events sponsored or organized by nonprofit organizations; and which otherwise is not marketed primarily as a food service establishment.
    CHAPTER 2017-223
Taxation (Based on HB 7109-Effective Date July 1, 2017)

House Bill 7109 amends the definition of “beer” and “malt beverages” in section 563.01, F.S., to provide that:

  • “Beer” means a brewed beverage that meets the federal definition of beer in 27 C.F.R. s. 25.11 and contains less than 6 percent alcohol by volume.
  • Malt beverage” means any brewed beverage containing malt.
  • The terms “beer” and “malt beverage” have the same meaning when either term is used in the Beverage Law. The terms do not include alcoholic beverages that require a certificate of label approval by the Federal Government as wine or as distilled spirits.
    CHAPTER 2017-36
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.
CHAPTER 2016-220

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.
CHAPTER 2016-190
* (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.
CHAPTER 2016-120

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.
CHAPTER 2016-248

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.
CHAPTER 2016-249

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.
CHAPTER 2016-264

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.
CHAPTER 2016-265

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.
CHAPTER 2015-204

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.
CHAPTER 2015-207
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.
CHAPTER 2015-12

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

Craft Distilleries; Defines “branded product,” revises limit on containers sold by craft distilleries.
CHAPTER 2015-52

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.
CHAPTER 2014-65
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.
CHAPTER 2014-229

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.
CHAPTER 2014-234

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.
CHAPTER 2014-253

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.
CHAPTER 2014-248

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.
CHAPTER 2013-157

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.
CHAPTER 2013-111

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.
CHAPTER 2013-170

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.
CHAPTER 2013-199

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.
CHAPTER 2013-145

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.
CHAPTER 2013-264

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.
CHAPTER 2013-265

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.
CHAPTER 2013-269

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