SB 392 full text · Session Watch

Florida Senate - 2026 SB 392 By Senator Leek 7-00548-26 2026392__

1 A bill to be entitled

2 An act relating to issuance of special beverage

3 licenses; amending s. 561.20, F.S.; revising the

4 service area square footage and capacity of a bona

5 fide food service establishment that may be issued a

6 special beverage license; providing an effective date.

8 Be It Enacted by the Legislature of the State of Florida:

10 Section 1. Paragraph (a) of subsection (2) of section

11 561.20, Florida Statutes, is amended to read:

12 561.20 Limitation upon number of licenses issued.—

13 (2)(a) The limitation of the number of licenses as provided

14 in this section does not prohibit the issuance of a special

15 license to:

16 1. Any bona fide hotel, motel, or motor court of not fewer

17 than 80 guest rooms in any county having a population of less

18 than 50,000 residents, and of not fewer than 100 guest rooms in

19 any county having a population of 50,000 residents or greater;

20 or any bona fide hotel or motel located in a historic structure,

21 as defined in s. 561.01(20), with fewer than 100 guest rooms

22 which derives at least 51 percent of its gross revenue from the

23 rental of hotel or motel rooms, which is licensed as a public

24 lodging establishment by the Division of Hotels and Restaurants;

25 provided, however, that a bona fide hotel or motel with no fewer

26 than 10 and no more than 25 guest rooms which is a historic

27 structure, as defined in s. 561.01(20), in a municipality that

28 on the effective date of this act has a population, according to

29 the University of Florida’s Bureau of Economic and Business

30 Research Estimates of Population for 1998, of no fewer than

31 25,000 and no more than 35,000 residents and that is within a

32 constitutionally chartered county may be issued a special

33 license. This special license shall allow the sale and

34 consumption of alcoholic beverages only on the licensed premises

35 of the hotel or motel. In addition, the hotel or motel must

36 derive at least 60 percent of its gross revenue from the rental

37 of hotel or motel rooms and the sale of food and nonalcoholic

38 beverages; provided that this subparagraph shall supersede local

39 laws requiring a greater number of hotel rooms;

40 2. Any condominium accommodation of which no fewer than 100

41 condominium units are wholly rentable to transients and which is

42 licensed under chapter 509, except that the license shall be

43 issued only to the person or corporation that operates the hotel

44 or motel operation and not to the association of condominium

45 owners;

46 3. Any condominium accommodation of which no fewer than 50

47 condominium units are wholly rentable to transients, which is

48 licensed under chapter 509, and which is located in any county

49 having home rule under s. 10 or s. 11, Art. VIII of the State

50 Constitution of 1885, as amended, and incorporated by reference

51 in s. 6(e), Art. VIII of the State Constitution, except that the

52 license shall be issued only to the person or corporation that

53 operates the hotel or motel operation and not to the association

54 of condominium owners;

55 4. A bona fide food service establishment that has a

56 minimum of 1,200 ~~2,000~~ square feet of service area, is equipped

57 to serve meals to 80 ~~120~~ persons at one time, has at least 80

58 ~~120~~ physical seats available for patrons to use during operating

59 hours, holds itself out as a restaurant, and derives at least 51

60 percent of its gross food and beverage revenue from the sale of

61 food and nonalcoholic beverages during the first 120-day

62 operating period and the first 12-month operating period

63 thereafter. Subsequent audit timeframes must be based upon the

64 audit percentage established by the most recent audit and

65 conducted on a staggered scale as follows: level 1, 51 percent

66 to 60 percent, every year; level 2, 61 percent to 75 percent,

67 every 2 years; level 3, 76 percent to 90 percent, every 3 years;

68 and level 4, 91 percent to 100 percent, every 4 years. A

69 licensee under this subparagraph may sell or deliver alcoholic

70 beverages in a sealed container for off-premises consumption if

71 the sale or delivery is accompanied by the sale of food within

72 the same order. Such authorized sale or delivery includes wine

73 based and liquor-based beverages prepared by the licensee or its

74 employee and packaged in a container sealed by the licensee or

75 its employee. This subparagraph may not be construed to

76 authorize public food service establishments licensed under this

77 subparagraph to sell a bottle of distilled spirits sealed by a

78 manufacturer. Any sale or delivery of malt beverages must comply

79 with the container size, labeling, and filling requirements

80 imposed under s. 563.06. Any delivery of an alcoholic beverage

81 under this subparagraph must comply with s. 561.57. An alcoholic

82 beverage drink prepared by the vendor and sold or delivered for

83 consumption off the premises must be placed in a container

84 securely sealed by the licensee or its employees with an

85 unbroken seal that prevents the beverage from being immediately

86 consumed before removal from the premises. Such alcoholic

87 beverage also must be placed in a bag or other container that is

88 secured in such a manner that it is visibly apparent if the

89 container has been subsequently opened or tampered with, and a

90 dated receipt for the alcoholic beverage and food must be

91 provided by the licensee and attached to the bag or container.

92 If transported in a motor vehicle, an alcoholic beverage that is

93 not in a container sealed by the manufacturer must be placed in

94 a locked compartment, a locked trunk, or the area behind the

95 last upright seat of a motor vehicle. It is a violation of the

96 prohibition in s. 562.11 to allow any person under the age of 21

97 to deliver alcoholic beverages on behalf of a vendor. The vendor

98 or the agent or employee of the vendor must verify the age of

99 the person making the delivery of the alcoholic beverage before

100 allowing any person to take possession of an alcoholic beverage

101 for the purpose of making a delivery on behalf of a vendor under

102 this section. A food service establishment granted a special

103 license on or after January 1, 1958, pursuant to general or

104 special law may not operate as a package store and may not sell

105 intoxicating beverages under such license after the hours of

106 serving or consumption of food have elapsed. Failure by a

107 licensee to meet the required percentage of food and

108 nonalcoholic beverage gross revenues during the covered

109 operating period shall result in revocation of the license or

110 denial of the pending license application. A licensee whose

111 license is revoked or an applicant whose pending application is

112 denied, or any person required to qualify on the special license

113 application, is ineligible to have any interest in a subsequent

114 application for such a license for a period of 120 days after

115 the date of the final denial or revocation;

116 5. Any caterer, deriving at least 51 percent of its gross

117 food and beverage revenue from the sale of food and nonalcoholic

118 beverages at each catered event, licensed by the Division of

119 Hotels and Restaurants under chapter 509. This subparagraph does

120 not apply to a culinary education program, as defined in s.

121 381.0072(2), which is licensed as a public food service

122 establishment by the Division of Hotels and Restaurants and

123 provides catering services. Notwithstanding any law to the

124 contrary, a licensee under this subparagraph shall sell or serve

125 alcoholic beverages only for consumption on the premises of a

126 catered event at which the licensee is also providing prepared

127 food, and shall prominently display its license at any catered

128 event at which the caterer is selling or serving alcoholic

129 beverages. A licensee under this subparagraph shall purchase all

130 alcoholic beverages it sells or serves at a catered event from a

131 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed

132 under s. 565.02(1) subject to the limitation imposed in

133 subsection (1), as appropriate. A licensee under this

134 subparagraph may not store any alcoholic beverages to be sold or

135 served at a catered event. Any alcoholic beverages purchased by

136 a licensee under this subparagraph for a catered event that are

137 not used at that event must remain with the customer; provided

138 that if the vendor accepts unopened alcoholic beverages, the

139 licensee may return such alcoholic beverages to the vendor for a

140 credit or reimbursement. Regardless of the county or counties in

141 which the licensee operates, a licensee under this subparagraph

142 shall pay the annual state license tax set forth in s.

143 565.02(1)(b). A licensee under this subparagraph must maintain

144 for a period of 3 years all records and receipts for each

145 catered event, including all contracts, customers’ names, event

146 locations, event dates, food purchases and sales, alcoholic

147 beverage purchases and sales, nonalcoholic beverage purchases

148 and sales, and any other records required by the department by

149 rule to demonstrate compliance with the requirements of this

150 subparagraph. Notwithstanding any law to the contrary, any

151 vendor licensed under s. 565.02(1) subject to the limitation

152 imposed in subsection (1), may, without any additional licensure

153 under this subparagraph, serve or sell alcoholic beverages for

154 consumption on the premises of a catered event at which prepared

155 food is provided by a caterer licensed under chapter 509. If a

156 licensee under this subparagraph also possesses any other

157 license under the Beverage Law, the license issued under this

158 subparagraph may not authorize the holder to conduct activities

159 on the premises to which the other license or licenses apply

160 that would otherwise be prohibited by the terms of that license

161 or the Beverage Law. This section does not permit the licensee

162 to conduct activities that are otherwise prohibited by the

163 Beverage Law or local law. The Division of Alcoholic Beverages

164 and Tobacco is hereby authorized to adopt rules to administer

165 the license created in this subparagraph, to include rules

166 governing licensure, recordkeeping, and enforcement. The first

167 $300,000 in fees collected by the division each fiscal year

168 pursuant to this subparagraph shall be deposited in the

169 Department of Children and Families’ Operations and Maintenance

170 Trust Fund to be used only for alcohol and drug abuse education,

171 treatment, and prevention programs. The remainder of the fees

172 collected shall be deposited into the Hotel and Restaurant Trust

173 Fund created pursuant to s. 509.072; or

174 6. A culinary education program as defined in s.

175 381.0072(2) which is licensed as a public food service

176 establishment by the Division of Hotels and Restaurants.

177 a. This special license shall allow the sale and

178 consumption of alcoholic beverages on the licensed premises of

179 the culinary education program. The culinary education program

180 shall specify designated areas in the facility where the

181 alcoholic beverages may be consumed at the time of application.

182 Alcoholic beverages sold for consumption on the premises may be

183 consumed only in areas designated under s. 561.01(11) and may

184 not be removed from the designated area. Such license shall be

185 applicable only in and for designated areas used by the culinary

186 education program.

187 b. If the culinary education program provides catering

188 services, this special license shall also allow the sale and

189 consumption of alcoholic beverages on the premises of a catered

190 event at which the licensee is also providing prepared food. A

191 culinary education program that provides catering services is

192 not required to derive at least 51 percent of its gross revenue

193 from the sale of food and nonalcoholic beverages.

194 Notwithstanding any law to the contrary, a licensee that

195 provides catering services under this sub-subparagraph shall

196 prominently display its beverage license at any catered event at

197 which the caterer is selling or serving alcoholic beverages.

198 Regardless of the county or counties in which the licensee

199 operates, a licensee under this sub-subparagraph shall pay the

200 annual state license tax set forth in s. 565.02(1)(b). A

201 licensee under this sub-subparagraph must maintain for a period

202 of 3 years all records required by the department by rule to

203 demonstrate compliance with the requirements of this sub

204 subparagraph.

205 c. If a licensee under this subparagraph also possesses any

206 other license under the Beverage Law, the license issued under

207 this subparagraph does not authorize the holder to conduct

208 activities on the premises to which the other license or

209 licenses apply that would otherwise be prohibited by the terms

210 of that license or the Beverage Law. This subparagraph does not

211 permit the licensee to conduct activities that are otherwise

212 prohibited by the Beverage Law or local law. Any culinary

213 education program that holds a license to sell alcoholic

214 beverages shall comply with the age requirements set forth in

215 ss. 562.11(4), 562.111(2), and 562.13.

216 d. The Division of Alcoholic Beverages and Tobacco may

217 adopt rules to administer the license created in this

218 subparagraph, to include rules governing licensure,

219 recordkeeping, and enforcement.

220 e. A license issued pursuant to this subparagraph does not

221 permit the licensee to sell alcoholic beverages by the package

222 for off-premises consumption.

224 However, any license heretofore issued to any such hotel, motel,

225 motor court, or restaurant or hereafter issued to any such

226 hotel, motel, or motor court, including a condominium

227 accommodation, under the general law may not be moved to a new

228 location, such license being valid only on the premises of such

229 hotel, motel, motor court, or restaurant. Licenses issued to

230 hotels, motels, motor courts, or restaurants under the general

231 law and held by such hotels, motels, motor courts, or

232 restaurants on May 24, 1947, shall be counted in the quota

233 limitation contained in subsection (1). Any license issued for

234 any hotel, motel, or motor court under this law shall be issued

235 only to the owner of the hotel, motel, or motor court or, in the

236 event the hotel, motel, or motor court is leased, to the lessee

237 of the hotel, motel, or motor court; and the license shall

238 remain in the name of the owner or lessee so long as the license

239 is in existence. Any special license now in existence heretofore

240 issued under this law cannot be renewed except in the name of

241 the owner of the hotel, motel, motor court, or restaurant or, in

242 the event the hotel, motel, motor court, or restaurant is

243 leased, in the name of the lessee of the hotel, motel, motor

244 court, or restaurant in which the license is located and must

245 remain in the name of the owner or lessee so long as the license

246 is in existence. Any license issued under this section shall be

247 marked “Special,” and nothing herein provided shall limit,

248 restrict, or prevent the issuance of a special license for any

249 restaurant or motel which shall hereafter meet the requirements

250 of the law existing immediately before the effective date of

251 this act, if construction of such restaurant has commenced

252 before the effective date of this act and is completed within 30

253 days thereafter, or if an application is on file for such

254 special license at the time this act takes effect; and any such

255 licenses issued under this proviso may be annually renewed as

256 now provided by law. Nothing herein prevents an application for

257 transfer of a license to a bona fide purchaser of any hotel,

258 motel, motor court, or restaurant by the purchaser of such

259 facility or the transfer of such license pursuant to law.

260 Section 2. This act shall take effect July 1, 2026.