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

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

Amended Workshop Agenda

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

DATE AND TIME: June 21, 2018, 9:00 a.m.

PLACE: 400 West Robinson Street, Suite N901, Orlando, Florida 32801

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

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

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.

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.

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 manufactoring cider or mead, the licenses required, and excise taxes applicable under the Florida Beverage Law.

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.

Industry Notice 2017-001 Regarding Spirituous Seltzer Beverages

Industry Notice 2017-001 is intended to provide general information regarding the Division’s approach to regulation of non-malt spirituous seltzer beverage products under the Florida Beverage Law and to encourage industry members whose portfolio includes these or similar alcoholic beverage products to evaluate and determine whether modifications, if any, may be necessary for the member’s brand registration, license series, or tax reporting for continued distribution or sales of these products. Click Here to review the complete notice.

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.

For reference, the Division has compiled declaratory statements issued from 1995 – present, available here: Index of Declaratory Statements. The index includes the subject area, petitioner name, year issued, and a link to review the filed copy of each declaratory statement. The Division of Alcoholic Beverages & Tobacco is pleased to provide Declaratory Statements that have been issued by the division.  This is provided for the benefit of our customers and as a continuing improvement to our service. These statements makes available for viewing and downloading division declaratory statements issued starting in the year 1995. The index includes the subject area, petitioner name, and the year issued. Select and click on the underlined case name to view or download your selected declaratory statement. This index will be amended as declaratory statements are issued. Directions for Use: The declaratory statements are in PDF format. Download Adobe Reader to view and print PDF documents.

Legislative Action on Alcoholic Beverages & Tobacco Laws

2018 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

2018 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

2018 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

2018 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

2018 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.

Thomas R. Philpot, Director 

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

Telephone: 850.487.1395
Facsimile: 850.922.5175