Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #:     HB 1107 City of Inverness, Citrus County
SPONSOR(S): McClain
TIED BILLS:       IDEN./SIM. BILLS:
    REFERENCE                                                     ACTION               ANALYST             STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Local Administration & Veterans Affairs                    15 Y, 0 N            Leshko              Miller
       Subcommittee
    2) Regulatory Reform Subcommittee                             16 Y, 0 N            Wright              Anstead
    3) State Affairs Committee                                    21 Y, 0 N            Leshko              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 ch. 561, F.S., permitting licensed vendors located within the Downtown
Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for consumption on the
licensed premises to receive a special permit during special events, approved or declared by the City of
Inverness, to allow for the sale of alcoholic beverages in open containers for consumption off the licensed
premises but still within the entertainment district. The special permit is only valid for the duration of each
special event approved by the city manager.
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 docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1107e.SAC
DATE: 2/8/2022
                                                          FULL ANALYSIS
                                                    I. SUBSTANTIVE ANALYSIS
      A. EFFECT OF PROPOSED CHANGES:
          Background
          The Division of Alcoholic Beverages and Tobacco (Division) 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 of alcoholic beverages within the state. 1
          Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.
          Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses that
          sell malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
          565.02(1)(a)-(f), F.S., 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.2 This license, often referred to as a “quota
          license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
          liquor or distilled spirits.3
          There are several exceptions to the quota license limitation,4 and businesses that meet the
          requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
          business to serve any alcoholic beverages regardless of alcohol content.
          Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
          premises.5 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
          or other outdoor area for special events.6 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.
          Effect of Proposed Changes
          The bill creates an exception to ch. 561, F.S., permitting licensed vendors located within the Downtown
          Inverness Entertainment District that are licensed to sell alcoholic beverages to patrons for
          consumption on the licensed premises to receive a special permit during special events, approved or
          declared by the City of Inverness, to allow for the sale of alcoholic beverages in open containers for
          consumption off the licensed premises but still within the entertainment district. The special permit is
          only valid for the duration of each special event approved by the city manager.
      B. SECTION DIRECTORY:
          Section 1:       Creates the Downtown Inverness Entertainment District in the City of Inverness and
                           provides a property description of the district.
          Section 2:       Creates an exception to general law, allowing licensed vendors within the district
                           authorized to sell alcoholic beverages for consumption on the licensed premises to sell
                           alcoholic beverages for consumption off the licensed premises but still within the district
                           during special events.
1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4   S. 561.20(2), F.S.
5
  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).
6 S. 561.01(11), F.S.
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DATE: 2/8/2022
       Section 3:     Provides that any special permit authorized under this act is granted in addition to any
                      other temporary permits authorized pursuant to ch. 561, F.S.
       Section 4:     Requires that vendors comply with all other requirements of ch. 561, F.S., while
                      operating pursuant to any special permit.
       Section 5:     Provides an effective date of upon becoming a law.
                            II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
   A. NOTICE PUBLISHED?          Yes [x]   No []
       IF YES, WHEN?          November 23, 2021
       WHERE?                 The Citrus County Chronicle, a daily newspaper published at Crystal River, in
                              Citrus 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.
   B. RULE-MAKING AUTHORITY:
       The bill does not provide rulemaking authority or require executive branch rulemaking.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       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.
                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   None.
STORAGE NAME: h1107e.SAC                                                                                  PAGE: 3
DATE: 2/8/2022