HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1645 City of Freeport, Walton County
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, Drake
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 15 Y, 0 N, As Renner Miller
Subcommittee CS
2) Regulatory Reform Subcommittee 16 Y, 0 N Willson Anstead
3) State Affairs Committee 22 Y, 0 N Renner Williamson
SUMMARY ANALYSIS
Florida’s Beverage Law places a limit on the number of “quota licenses” that the Department of Business and
Professional Regulation (DBPR) may issue per county. A quota license allows a business to serve any
alcoholic beverage regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law
on the number of licenses it may issue for businesses that serve only malt beverages and wine.
The bill creates an exception to s. 561.20(2), F.S., authorizing DBPR to designate property as a specialty
center within the City of Freeport if a minimum of 25 acres adjacent to the specialty center was donated to the
Walton County School Board and at the time of the donation the specialty center property and the donated
property were owned by the same entity or an entity with common ownership. The specialty center may not
comprise more than 15 acres.
The bill creates an exception to ss. 562.45 and 561.01(11), F.S., providing that alcoholic beverages sold for
consumption on the premises of a specialty center by a vendor may be consumed anywhere within the
specialty center. Additionally, an applicant for an alcoholic beverage license to be located in a specialty center
may not be denied licensure based solely on distance from educational facilities if the shortest route of ordinary
pedestrian travel along the public thoroughfare from the main entrance of the place of business to the main
entrance of the school is at least 500 feet.
According to the Economic Impact Statement filed for the bill, entities will incur minimal costs associated with
the implementation of the special use district.
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Alcoholic Beverage Licensing
The Division of Alcoholic Beverages and Tobacco (DABT) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale within the state of alcoholic beverages under
Florida’s Beverage Law.1
The Beverage Law does not limit the number of licenses DABT may issue to businesses who wish to
sell malt beverages or wine.2 However, the Beverage Law limits the number of licenses that may be
issued allowing a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits.3 This license, often referred to as a “quota license,” is limited to one license per
7,500 residents per county with a minimum of three licenses per county that has approved the sale of
intoxicating liquors.4
There are several exceptions to the quota license limitation, and businesses meeting the requirements
set out in statute5 may be issued a special license by DBPR allowing the business to serve any
alcoholic beverages regardless of alcoholic content.
Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises.6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events.7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.
Florida counties and unincorporated municipalities may enact ordinances regulating the location of
alcohol beverage businesses, including requiring a certain minimum distance separation between
alcohol licenses of similar types; or alcohol establishments and places of worship, schools, municipal
buildings, or parks.8 Unless otherwise regulated by local law, no on premise alcohol establishment can
be located within 500 feet of the real property comprising a public or private elementary school, middle
school, or secondary school.9
The City of Freeport prohibits the sale or distribution of beer, wine, liquor, or other alcoholic beverages
within the corporate limits of the city within 1,000 feet of any church or school.10
Effect of the Bill
1 Chs. 561-565 and 567-568, F.S.
2 See ss. 563.02 and 564.02, F.S.
3 S. 561.20(1), F.S. See s. 565.02(1)(a)-(f), F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2), F.S.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
8 S. 562.45(2)(a), F.S.
9 Id.
10 City of Freeport Code of Ordinances, ch. 3, s. 3-2(a). The City measures 1,000 feet by following the shortest route of
ordinary pedestrian travel along the public thoroughfare from the main entrance of the business to the nearest point of
school facilities. See Code of Ordinances, ch. 3, s. 3-2(b).
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 The bill proposes designating property as a specialty center within the City of Freeport. The specialty
center will include retail shops, restaurants, and an outdoor music venue. The specialty center will be
located within 500 feet of a proposed school.11
The bill creates an exception to s. 561.20(2), F.S., authorizing DBPR to designate property as a
specialty center within the City of Freeport if a minimum of 25 acres adjacent to the specialty center
was donated to the Walton County School Board and at the time of the donation the specialty center
property and the donated property were owned by the same entity or an entity with common ownership.
The specialty center may not comprise more than 15 acres.
The bill creates an exception to ss. 562.45 and 561.01(11), F.S., providing that alcoholic beverages
sold for consumption on the premises of a specialty center by a vendor may be consumed anywhere
within the specialty center. Additionally, an applicant for an alcoholic beverage license to be located in
a specialty center may not be denied licensure based solely on distance from educational facilities if the
shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the
place of business to the main entrance of the school is at least 500 feet.
According to the Economic Impact Statement filed for the bill, entities will incur minimal costs
associated with the implementation of the special use district.
B. SECTION DIRECTORY:
Section 1. Creates an exception to general law, providing requirements for a specialty center
designation.
Section 2. Creates an exception to general law, authorizing the sale of alcoholic beverages for
consumption on the premises of a specialty center under certain conditions; providing
that an applicant for an alcoholic beverage license located in a specialty center may not
be denied licensure under certain conditions.
Section 3. Provides an effective date of upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? January 27, 2021
WHERE? Defuniak Springs Herald Breeze, a newspaper published in Walton County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
11 A map of the proposed specialty district is attached as Exhibit A.
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 B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 23, 2021, the Local Administration & Veterans Affairs Subcommittee adopted one amendment and
reported the bill favorably as a committee substitute. The amendment provided that the distance from the
specialty center to the school patterns the distance standard stated in the City of Freeport ordinance.
This analysis is drafted to the committee substitute as approved by the Local Administration & Veterans Affairs
Subcommittee.
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 Exhibit A
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