2019 LEGISLATIVE ACTION
ALCOHOL BILLS SIGNED BY GOVERNOR DESANTIS
Filed by Representative Clovis Watson, Democrat-Gainesville.
HB 745 creates an exception to general law, allowing businesses within Celebration Pointe authorized to sell alcoholic beverages for consumption on the licensed premise to sell alcoholic beverages for consumption off the licensed premises but still within Celebration Pointe.
ST. CLOUD, OSCEOLA COUNTY
Filed by Representative Mike LaRosa, Republican-St. Cloud.
HB 1351 creates the “Downtown Restaurant Area” in the City of St. Cloud. It also creates an exemption to general law, providing space, seating and minimum gross revenues requirements for special alcoholic beverage licenses for restaurant s in the Downtown Restaurant Area.
Filed by Representative Josie Tomkow, Republican-Auburndale.
HB 1099 creates the “Downtown Community Redevelopment District” in the City of Kissimmee. It also creates an exception to general law, providing space, seating, and minimum gross revenue requirements for special alcoholic beverage licenses for restaurants in the Downtown Community Redevelopment District.
Filed by House Innovation, Industry & Technology Committee.
HB 7012 amends part II of ch. 386, F.S., to add the use vapor-generating electronic devices or vaping to the current prohibition against tobacco smoking in enclosed indoor workplaces. The bill permits vaping at the same locations currently authorized to permit tobacco smoking, i.e., private residences whenever not being used for certain commercial purposes, stand-alone bars, designated rooms in hotels and other public lodging establishments, retail tobacco shops, facilities owned or leased by a membership association, and customs smoking rooms in airport in-transit lounges. “The bill amends s. 561.695., F.S., relating to the tobacco smoking exception for stand-alone bars, to permit the use of vapor-generating devices or “vaping at these authorized locations. It also amends the state’s preemption of tobacco smoking regulation in s. 386.209, F.S., to adopt and implement the authority for local governments under Amendment 9 to adopt more restrictive local ordinances on the use of vapor-generating electronic devices.
2018 LEGISLATIVE ACTION
ALCOHOL BILLS SIGNED BY GOVERNOR SCOTT
DELIVERIES BY LICENSEES
Filed by Representative Daniel Perez (R-Miami) & Senator Dana Young (R-Tampa)
HB 667 allows vendors to make deliveries based on “electronic” orders in the same manner as telephone and mail orders. The bill authorizes vendors to deliver alcoholic beverages in third-party vehicles, including common carriers, pursuant to a contract between the vendor and the third party. All deliveries must comply with the prohibition of serving an alcoholic beverage to a person under 21 years of age. The bill was signed by Governor Scott Friday, March 30th. Click here to read the bill.
Representative Joe Gruters (R-Sarasota) & Filed by Senator Rob Bradley (R-Orange Park)
HB 961 allows a distributor to give branded glassware to a vendor licensed to sell malt beverages for on-premises consumption. The distributor may give the branded glassware under the following restrictions; the distributor must have received the glassware at no charge on a no-charge invoice from a malt beverage manufacturer or importer; each piece of glassware must bear a permanent brand name intended to prominently advertise the brand; no more than 10 cases of glassware per calendar year per licensed premises may be given to the vendor; and each single-service glass container can hold no more than 23 ounces of liquid volume. A vendor that receives a gift of glassware may not sell the glassware or return it to the distributor for cash, credit or replacement. The bill was signed by Governor Scott Friday, March 30th. Click here to read the bill.
Filed by Representative Mike Miller (R-Orlando) & Senator Aaron Bean (R-Jacksonville)
Currently, licenses that are operators of railroads or sleeping cars in the State of Florida are only permitted to purchase or sell liquor on a passenger train in miniature bottles. HB 1265 amends s. 565.02(a), F.S., to exempt liquor sold by the operator of intrastate railroads or sleeping cars from the limitation that liquor may only be purchased and sold in miniature bottles of not more than two ounces. The bill was signed by Governor Scott Friday, March 30th. Click here to read the bill.
LOCAL ALCOHOL BILLS SIGNED BY GOVERNOR RICK SCOTT
Filed by Representative Gayle Harrell (R-Stuart)
The local bill repeals the special act in St. Lucie County that allow SRX licenses to be issued to any bona fide restaurant with service for 200 or more patrons at tables and occupying more than 4,000 square feet of floor space and requires SRX licenses in the county to be provided under general law. The bill was signed by Governor Scott Friday, March 23rd. Click here to read the bill.
CITY OF ORLANDO, ORANGE COUNTY
Representative Mike Miller (R-Orlando)
The local bill creates the “Downtown Restaurant Area” in the City of Orlando. It requires DBPR to issue an SRX license to a bona fide restaurant in the “Downtown Restaurant Area” of the City of Orlando that is licensed by DBPR and occupies at least 1,800 square feet of contiguous space, is equipped to serve meals to at least 80 persons at one time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages during the first 60-day operating period and each 12-month operating period thereafter. The bill was signed by Governor Scott Friday, March 23rd. Click here to read the bill.
2017 LEGISLATIVE ACTION
SB 106/HB 81-Walmart Bill-DEFEATED
Filed by Senator Flores (R-Miami) & Representative Avila (R-Miami)
After a very controversial passage in both the Florida Senate and House of Representatives, Governor Rick Scott veto SB 106. We ran a strong grassroots campaign urging the Governor to veto this bad legislation. FISA was successful for the fourth year in a row defeating out of state corporations like Walmart, Target, Walgreens, Whole Foods, Costco, etc. The bill would have allowed big-box grocery stores and gas stations with 10,000 square feet retail space to sell hard liquor inside their main store. THANK YOU TO ALL THE FISA MEMBERS THAT WROTE GOVERNOR SCOTT URGING HIM TO VETO SB 106.
- Liquor to be sold in grocery store & gas station
- 4-year phased repeal of the existing package store restrictions
- July 1, 2018, one business or 25 percent of a vendor’s businesses can operate without the restrictions;
- July 1, 2019, two businesses or 50 percent of a vendor’s businesses;
- July 1, 2020, three businesses or 75 percent of a vendor’s businesses; and
- The restrictions expire June 30, 2021
- Prohibits the division from issuing a package store license for any location or business located within 1,000 feet of a public or private school
- Requires miniatures (200 milliliters or less) be sold from in a restricted area if sold in a big-box store
- Gas stations with at least 10,000 square feet of retail space for the general public may be licensed to sell distilled spirits
- Vendors may employ a person under the age of 18 only if the minor is supervised by a person 18 years of age or older
Filed by Senator Steube (R-Sarasota) & Representative Stevenson (R-Saint Augustine)
HB 141 started as an 8 page bill, but was amended throughout the legislative process to only address s. 565.03, F.S. The House bill was heard in only two committees; Careers & Competition Subcommittee and Commerce Committee. The Senate bill was heard in four committees; Regulated Industries, Commerce & Tourism, Appropriations Subcommittee on General Government, and Appropriations. HB 141 was substituted for SB 166. HB 141 passed the Senate 31-0 and the House of Representatives 114-2. The bill is headed to the Governor for action.
- Changes the limitations of craft spirits sold in face-to-face transactions to six individual containers of each branded product
Filed by Senator Perry (R-Gainesville) and Representative Burton (R-Lakeland)
The Senate bill passed out of Regulated Industries, Appropriations Subcommittee on General Government, and Appropriations. The house bill passed out of Careers & Competition Subcommittee and Commerce Committee. HB 689 was substituted for SB 400. The bill passed the House of Representatives 115-0 and the Senate 34-0. The bill is headed to the Governor.
- Gives the Division authority to appoint division personnel
- Amends the method used to calculate the percentage of food and nonalcoholic beverages sold by a caterer licensed to sell beer, wine, and distilled spirits. The percentage is based on a caterer’s gross food and nonalcoholic beverages revenue
- Expands the types of records that a caterer must maintain to demonstrate compliance with its license. A caterer must maintain all records and receipts for each catered event, including all contracts, customers’ names, locations, dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales
- Repeals the $100 fee for a temporary alcoholic beverage license issued in connections with the transfer of a license to the purchaser of a licensed business
- Repeals the fees for a temporary license issued in connection with an application to change the type or series of a license Allows the employment of persons under the age of 18 in a retail drug store, grocery store, etc. that sell distilled spirits. For the sale of liquor, minors must be supervised by a person 18 years of age or older
- Revises the definition of “wine” to include “sake”Reduces the annual license fee for a craft distillery from $4,000 to $1,000. Distillery licenses that do not qualify as a craft distillery remain subject to the $4,000 annual license fee in current law
Filed by Representative Davis (D-Jacksonville)
The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Commerce Committee, and Government Accountability Committee. The bill passed out of the House of Representatives 115-3 and the Senate 38-0. The bill is headed to the Governor.
- A business located inside of the Stadium District which is licensed to sell alcoholic beverages to patrons for consumption on the licensed premises may sell such beverages to patrons for consumption off the licensed premises but still within the Stadium District during a special event
- Must pay a $100 application fee to DBPR in the manner required for a temporary expansion of the licensed premises
- Jacksonville City Council by resolution shall specify no more than a 3-day period for each special event
Filed by Representative Davis (D-Jacksonville)
The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Careers & Competition Subcommittee, and Government Accountability Committee. The bill passed out of the House of Representatives 115-2 and the Senate 38-0. The bill is headed to the Governor.
- Adds Murray Hill Commercial Area, Springfield Commercial Area, and San Marco Transportation Corridor to the special zones in downtown Jacksonville that are currently granted exceptions for space and seating requirements for liquor licenses
Filed by Representative Grant (R-Port Charlotte)
The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Careers & Competition Subcommittee, and Government Accountability Committee. It passed out of the House of Representatives 118-0 and the Senate 38-0. The bill is headed to the Governor.
- Alcoholic Beverages & Tobacco may issue special alcoholic beverage licenses to event centers in Charlotte County which have a seating capacity of no more than 800 seats, an overall floor capacity 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
BILLS DIED IN THE LEGISLATIVE PROCESS
Filed by Senator Hutson (R-Palm Coast) and Representative La Rosa (R-Saint Cloud)
SB 388 died in Senate returning messages. The Senate bill passed out of Regulated Industries, Commerce & Tourism, and Rules. The House bill passed out of Careers & Competition Subcommittee and Commerce Committee. SB 388 was substituted for HB 423.
- Expands the “tied house evil” exemption in the bill for certain theme park vendors to include agreements between a vendor and an importer. It requires that the arm’s length transaction must be a written agreement for naming rights, which includes the right to advertise cooperatively
- Removes the prohibition against the agreement limiting, either directly or indirectly, the sale of alcoholic beverages from another manufacturer during or in connection with any sponsored event
- Removes the limitation of 25 arm’s length financial transactions in effect during a calendar year with respect to each theme park
- Creates an exception to the alcoholic beverage “tied house evil” law to permit a malt beverage distributor that has received glassware at no charge from a malt beverage manufacturer to give or sell such glassware to a vendor licensed to sell malt beverages for on-premises consumption
- Prohibits the distributor from giving more than 10 cases that include up to 24 pieces per case of single-service glassware per brand, per licensed premises, per calendar year
Filed by Senator Rouson (D-St. Petersburg) and Representative Altman (R-Indialantic)
Both the Senate & House bill died in the committee process without ever having a hearing. The bills were referred to Senate Criminal Justice, Judiciary, Rules and House Civil Justice & Claims Subcommittee, Careers & Competition Subcommittee, Judiciary Committee, but were never put on the agenda.
- Person would be liable for knowingly furnishing alcoholic beverages to a person who is visibly intoxicated. Person would be liable for injury or damage caused by or resulting from the furnishing of alcoholic beverages to such person
- Person would be liable for knowingly furnishing alcoholic beverages to a minor that suffers injury or damage caused by or resulting from the furnishing of alcoholic beverages to the minor
Filed by Senator Young (R-Tampa) and Representative Clemons (R-Jonesville)
SB 554 died on the Senate Calendar. The Senate bill passed out of Regulated Industries, Commerce & Tourism, Appropriations Subcommittee on General Government, and Appropriations, but was never considered for a vote by the entire Senate. The House bill died in the committee process when it failed to have a hearing in any of the three committees assigned.
- Authorized a craft brewery with a vendor’s license to sell, transport, and deliver its own beer from its brewery to other vendors.
- A craft brewery may distribute to a vendor only beer in kegs or similar containers that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons
- A craft brewery may not distribute to a vendor if it has a franchise agreement with a distributor to distribute its product anywhere in the state, or has a total production volume of more than 7,000 kegs of malt beverages a year
- Allows brew pubs to transfer beer to a restaurant of common owner affiliation
- Exempts certain deliveries made by a craft distillery to a vendor
- Requires a brewery to deliver beer to a vendor in a vehicle owned by the brewery or in a vehicle owned by a person required to be disclosed on the alcoholic beverage application
Filed by Senator Steube (R-Sarasota) and Representative Goodson (R-Merritt Island)
The Senate bill died in the committee process after passing out of Regulated Industries and Commerce & Tourism, but failed to be heard in the Rules Committee. The House bill died on the House Calendar. The bill passed favorably out of Careers & Competition Subcommittee and Commerce Committee. The bill was placed on Special Order Calendar, but failed to be heard by the full House of Representatives.
- A vendor licensed to sell malt beverages for on-premises consumption may accept glassware from a distributor, at no charge, subject to the following conditions
- The distributor has received glassware at no charge from a malt beverage manufacturer or importer
- The glassware is for on-premises consumption
- The glassware advertises a permanent and prominent brand name
- The total pieces of glassware, per licensed premises, does not exceed 3 cases per brand, for up to 3 malt beverage brands per manufacturer or importer per calendar year, for an annual total not to exceed 9 cases per premises
- The vendor may not sell the glassware or return it to a distributor for cash, credit or replacement
- Provides a definition for a “case” to mean a box containing up to 24 pieces of glassware and “glassware” means a glass container that holds up to 23 fluid ounces
Filed by Senator Brandes (R-St. Petersburg) and Representative Ingram (R-Pensacola)
SB 302 and HB 1017 died in the committee process. SB 302 passed out of Transportation & Appropriations Subcommittee and Criminal & Civil Justice, but was never scheduled in the Appropriations Committee. HB 1017 passed out of Transportation & Infrastructure Subcommittee, but was never scheduled for its final two stops.
- Removes suspension or revocation of a Driver’s License from the potential penalties that may be applied for providing alcohol to anyone under 21 years of age.
Filed by Senator Grimsley (R-Lake Placid)
SB 472 died in the committee process. The bill passed unanimously in Regulated Industries, but was never heard in its remaining committee assignments. A companion bill in the House filed by Representative Grant passed favorably through the Legislative process.
- The Division of Alcoholic Beverages & Tobacco may issue 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