Notices of Development of Rulemaking and Notice of Meeting/Workshop Hearing:
61A-3.057, F.A.C. Rule Development Workshop
61A-3.055, F.A.C. – Statement of Estimated Regulatory Costs
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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, March 1, 2023, 1:00 p.m. – 3:00 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 Friday, March 3, 2023.
PLACE: 2601 Blair Stone Road, Building C, Room C107, Tallahassee, FL 32399
GENERAL SUBJECT MATTER TO BE CONSIDERED: Public hearing regarding proposed language for Rule 61A-3.055, F.A.C subsequent to the Notice of Change filed on January 17, 2023.
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: Jason Holman, Counsel for Compliance and Regulatory Affairs, at (850)717-1314 or Jason.Holman@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: Jason Holman, Counsel for Compliance and Regulatory Affairs, at (850)717-1314 or Jason.Holman@myfloridalicense.com.
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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: Thursday, December 1, 2022, 1:00 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, December 5, 2022.
PLACE: 2601 Blair Stone Road, Building C, Room C107, 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: Jason Holman, Counsel for Compliance and Regulatory Affairs, at (850)717-1314 or Jason.Holman@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: Jason Holman, Counsel for Compliance and Regulatory Affairs, at (850)717-1314 or Jason.Holman@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: Jason Holman, Counsel for Compliance and Regulatory Affairs, at (850)717-1314 or Jason.Holman@myfloridalicense.com.
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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
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61A-4.020 Workshop
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.
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61A-4.009 Hearing
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.
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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.
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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.
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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.
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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.
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61A-5.0105 and 61A-5.747 Hearing
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.
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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.
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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.
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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
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61A-5.0105 and 61A-5.747: Notice of Meeting/Workshop Hearing
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.
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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.
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61A-5.0105 and 61A-5.747: Notice of Meeting/Workshop Hearing
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.
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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.
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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
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.
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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
HB 1335: Department of Business and Professional Regulation
The bill increases the amount of the surety bond that a tobacco product distributor must maintain with the Division to $25,000, from $1,000. The bill authorizes the Division to increase the corporate surety bond amount to the sum of the distributor’s highest month of final audited tax liabilities, penalties, and accrued interest which are due to the state. The bill authorizes the Division to reduce the amount of the corporate surety bond upon a distributor’s showing of good cause. The bill reduces the lookback period relating to a conviction for a felony that may be used to disqualify an applicant for a license under the Beverage Law, to 10 years, from 15 years. The bill requires each person or entity licensed or permitted by the Division, or applying for such license or permit, to create and maintain an account with the Division’s online system and provide an e-mail address to the Division to function as the primary form of communication with the Division. The bill requires all applicants seeking a license or permit with the Division to file their application through DBPR’s online system.
HB 741: Town of Hillsboro Beach, Broward County
The bill authorizes the Division to issue a special alcoholic beverage license to any residential condominium in the Town of Hillsboro Beach, Broward County that has no fewer than 50 condominium units in a single building or multiple buildings under the control and operation of the same association of condominium owners, is owned by or rented to nontransients, and is licensed as a food service establishment under ch. 381, F.S., or ch. 509, F.S. The bill provides that the special alcoholic beverage license may only be issued to the entity managing the food and beverage operations of the condominium. The bill limits sales under the license to residents or guests of the condominium for on-premises consumption during the hours where food is sold.
HB 691: Town of Horseshoe Beach, Dixie County
The bill authorizes the Division to issue a special alcoholic beverage license to a bona fide restaurant licensed by Division of Hotels and Restaurants within the jurisdictional boundaries of the Town of Horseshoe Beach that occupies at least 1,700 square feet of contiguous space used as a part of the food service establishment, is equipped to serve meals to 50 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.
PUBLIC SAFETY; POLICY AND TRAINING ACTIVE ASSAILANT RESPONSE (Based on CS/HB543 - Effective Date July 1, 2023)
The bill requires every law enforcement agency in the state of Florida by October 1, 2023, to have a written active assailant response policy; ensure that all of its sworn personnel have been trained on the agency’s existing active assailant response policy; or within 180 days after enacting a new or revised policy.
ALCOHOLIC BEVERAGES (Based on CS/HB 639 - Effective Date July 1, 2023)
The bill reduces the requirements for special food service license from 2500 to 2000 square feet; from 150 to 120 persons. The bill however requires that the food service establishment be a “bona fide” restaurant and that the establishment has at least 120 physical seats available for patrons to use during operating hours. The bill authorizes beach or cabana club facilities with swimming pools, locker rooms or bathrooms for at least 100 persons, and a public food service establishment as defined by s. 509.013(5)(a) comprising in all an area of at least 5,000 square feet located on a contiguous tract of land of in excess of 1 acre is be issued a license under s. 565.02(4), F.S.
BEVERAGE LAW (Based on SB 1438 – Effective May 17, 2023, upon becoming law)
This bill creates new penalties and authority for immediate suspension and revocation of license for violation of s. 827.11-maintaining a premise that admits a child to an adult live performance. Defines the criminal act in s, 827.11, F.S. Bill allows $5000 for first violation and $10,000 for second and subsequent violation. Bill finds that a violation of 827.11 is an immediate danger to health safety and welfare of the public for the purpose of emergency suspension/revocation provision of s. 120.60, F.S. Bill defines terms for 827.11, F.S.
Note: The United States District Court Middle District, ordered DBPR on June 24, 2023 by amended order: ….is enjoined from instituting, maintaining, or prosecuting any enforcement proceeding under the Act (The Act is the statutes amended and created by SB 1423, 255.70(1)-(3), 509.26(10), 561.29(1) and 827.11) until further order of the Court following a trial on the merits of the case.
BEVERAGE LAW (Based on HB 1459 – Effective Date July 1, 2023)
HB 1459 amends Section 563.045(2), F.S., to eliminate the fee of $30 to register malt beverages brand or label until the malt beverage is sold to a distributor. The requirement to register the brand or label is not eliminated.
CITY OF KISSIMMEE, OSCEOLA COUNTY (Based on HB 1467 – Effective Date June 14, 2023, upon becoming law)
The bill creates an overlay district in Kissimmee to be known as the “Vine Street 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 Vine Street Community Redevelopment District if the restaurant:
- is equipped to serve meals to at least 80 persons at one time; and
- 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 JACKSONVILLE, DUVAL COUNTY (Based on HB 1561 – Effective Date June 20, 2023, upon becoming law)
The bill amends Chapter 87-471, as amended by chapter 2022-259, Laws of Florida, which requires ABT to issue a special alcoholic beverage license to:
- A bona fide public food service establishment located in the North Florida Keys Corridor; if the public food service establishment:
- occupies at least 1,000 square feet of service area;
- is equipped to serve meals to at least 50 or more persons at one time; and
- derives at least 51% of gross food and beverage revenue from the sale of food and non-alcoholic beverages; and
- meets local zoning requirements.
- Any public food service establishment located in the Downtown Incentive Zone in Jacksonville Beach, if the public food service establishment:
- is equipped to serve 50 or more persons at one time; and
- occupies not less than 1,200 square feet of service area; and
- derives at least 51% of its gross food and beverage revenue from the sale of food and nonalcoholic beverages; and
- meets local zoning requirements.
- An event center located in the Dennis Street Commercial Corridor, if the event center:
- has occupant capacity of 2,100 and 2,900 people;
- overall floor capacity of 22,000 to 35,000 sq. ft; and
- derives no less than 51% of annual gross income from the sale of event center tickets and food and non-alcoholic beverages that are prepared, served and consumed on such premises.
North Florida Keys Corridor Map
Murray Hill Commercial Area Qualifying Addresses
San Marco Transportation Corridor Map
San Marco Transportation Corridor Qualifying Addresses
Springfield Commercial Area Map
Springfield Commercial Area Qualifying Addresses
Northside West, Northside East, and Southbank Map
Northside West, Northside East, and Southbank Qualifying Addresses
Riverside Avondale Map
Historic Riverside Avondale and Riverside Avondale Qualifying Addresses
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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:
- amends Chapter 87-471, as amended by chapter 2016-248, Laws of Florida;
- creates three new special zone areas in the City of Jacksonville – the Murray Hill Commercial Area, the Springfield Commercial Area, and the San Marco Transportation Corridor – for purposes of alcoholic beverage licensing; and
- authorizes issuance of a special alcoholic beverage license to any restaurant located within these special zones, if the restaurant regularly serves full course meals, derives no less than 51% of gross income from the sale of food, and maintains a premises of at least 1,800 square feet and accommodations for a minimum of 100 patrons at tables.
CHAPTER 2017-213Murray Hill Commercial Area Map
Murray Hill Commercial Area Qualifying Addresses
San Marco Transportation Corridor Map
San Marco Transportation Corridor Qualifying Addresses
Springfield Commercial Area Map
Springfield Commercial Area Qualifying Addresses
Northside West, Northside East, and Southbank Map
Northside West, Northside East, and Southbank Qualifying Addresses
Riverside Avondale Map
Historic Riverside Avondale and Riverside Avondale Qualifying Addresses
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
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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.
Jerome Worley, Director
Division of Alcoholic Beverages & Tobacco
2601 Blair Stone Road
Tallahassee, FL 32399-0791
Telephone: 850.487.1395
Facsimile: 850.922.5175