Florida SB 392: Issuance of Special Beverage Licenses

Bill Text

392 
Issuance of Special Beverage Licenses 
2025-11-05T03:36:49Z 
Revising the service area square footage and capacity of a bona fide food service establishment that may be issued a special beverage license, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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. 
 7 
 8 Be It Enacted by the Legislature of the State of Florida: 
 9 
 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