Alert: DABT Proposes New Convenience Business Security Rules
Florida’s Convenience Business Security Act, previously a subject of a Division of Alcoholic Beverage and Tobacco informational bulletin, was originally passed by the legislature in 1992. Following some legislative changes in 2021, the Division considered adopting rules pursuant to the authority granted but did not complete the process. Now that new proposed language relating to safety standards, training, and enforcement have been released to the public, operators in Florida may have to also watch out for a new set of requirements.
The notice is available below, along with links to the official Florida Administrative Register pages.
Notice of Proposed Rule
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco
RULE NOS.: RULE TITLES:
61A-8.001 Safety Standards
61A-8.002 Training Curriculum
61A-8.003 Enforcement
PURPOSE AND EFFECT: 61A-8.001 Safety Standards. The purpose and effect of this proposed new rule is to implement the safety standards and security requirements of the Convenience Business Security Act (sections 812.1701-812.175, Fla. Stat.), as particularly set forth in section 812.173, Fla. Stat. The rule is intended to prevent violent crimes and thereby protect employees and the consumer public at late-night convenience businesses; and also create security standards that are uniform throughout this state for late-night convenience businesses. 61A-8.002 Training Curriculum. The purpose and effect of this proposed new rule is to implement the required safety training of convenience business employees. The rule provides a robbery deterrence and safety training framework for businesses covered by the Convenience Business Security Act (sections 812.1701-812.175, Fla. Stat.) by setting forth the necessary elements of the training curriculum that each convenience business must provide to its employees in accordance with section 812.174, Fla. Stat. 61A-8.003 Enforcement. The purpose and effect of this proposed new rule is to enforce the provisions of the Convenience Business Security Act (sections 812.1701-812.175, Fla. Stat.). The rule provides for the handling of violations of the Convenience Business Security via notices of violation and as appropriate, the imposition of civil fines.
SUMMARY: The proposed new rules are to comport with the Convenience Business Security Act (sections 812.1701-812.175, Fla. Stat.).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the Agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 812.173(3), 812.174, 812.176, FS.
LAW IMPLEMENTED: 812.173, 812.174, 812.175, FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Hartmann Swartz, Senior Attorney, Division of Alcoholic Beverages and Tobacco, Florida Department of Business and Professional Regulation, tel. (850)717-1252, Susan.Swartz@myfloridalicense.com.
THE FULL TEXT OF THE PROPOSED RULE IS:
61A-8.001 Safety Standards.
(1) Each convenience business as defined in Section 812.171, F.S., shall be equipped with the following security devices and meet the standards as set forth in Section 812.173, F.S. and Chapter 61A-8, F.A.C., as follows:
(a) A functioning security camera system capable of recording images in a format that can be reproduced for distribution by law enforcement agencies to assist in their investigations. The security camera system shall be:
1. Positioned to provide photographic coverage of all registers in order to capture the image of all offenders while minimizing tampering by customers or offenders;
2. Maintained on a routine basis to ensure that the security camera system is working properly at all times; and
3. Capable of continuous operation.
(b) A drop safe or cash management device must be installed and/or secured as specified by the manufacturer’s instructions. The drop safe or cash management device must:
1. Be maintained as specified by the manufacturer; and
2. Offer protection against forced entry and provide a means for depositing currency, checks, and coins directly into the body of the drop safe or cash management device.
(c) Conspicuous height markers with digits at least one inch in height must be present at the inside entrance of the convenience business.
(d) A written cash management policy must be kept at the convenience business and provide a recommendation that the employees continually drop all cash in excess of $50 per register in the drop safe or cash management device after 11:00 p.m. and before 5:00 a.m.
(2) Pursuant to Section 812.173(3), F.S., a convenience business may apply for an exemption from the requirement that the convenience business be equipped with a silent alarm to law enforcement or a private security agency. The application for exemption must be on Form DBPR ABT-6081, Convenience Business Request / Approval, effective May, 2026, and incorporated herein. Form DBPR ABT-6081 is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, and at https://www2.myfloridalicense.com/abt/forms/documents/Convenience_Business_Request_Approval.pdf, and https://flrules.org/Gateway/reference.asp?No=Ref-19368.
When a convenience business applies for an exemption from the requirement of having a silent alarm, the exemption form must be accompanied with payment of a $25 administrative fee for each store for which an exemption would apply. The Division shall consider the following factors when deciding whether to approve or deny an application for exemption:
(a) Explanation of an alternative method approved by the Division’s convenience business administrator to alert local law enforcement or a private security agency of an ongoing crime;
(b) The history of the crimes set forth in Section 812.173(4), F.S., or lack thereof, committed at the convenience business; and
(c) Past and current compliance with the Convenience Business Security Act.
(3) Pursuant to Section 812.173(5), F.S., a convenience business that is required to implement the enhanced security measures as provided within Section 812.173(4), F.S., may file a Notice of Exemption with the Division by submitting Form DBPR ABT-6081 as described in subsection (2) above. A Notice of Exemption filed pursuant to this subsection is deemed filed on the date of receipt by the Division. Should a convenience business not qualify for the exemption, the Division shall notify the convenience business in writing within 90 days of receipt of the Notice that it does not qualify for an exemption. Each convenience business’ Notice of Exemption shall include, at a minimum:
(a) The name, address, and license number of the convenience business;
(b) The date of the last adjudicated murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment at the convenience business;
(c) A list of security measures, as set forth in Section 812.173(4)(a)-(e), F.S., that the security business implemented;
(d) The date(s) on which the security measure(s) described within subsection (1) of this rule were implemented; and
(e) A signed attestation from a representative of the convenience business attesting to all information required in subsection (3) of this rule.
Rulemaking Authority 812.173(3), 812.176 FS. Law Implemented 812.173, 812.174 FS. History–New _____,
61A-8.002 Training Curriculum.
(1) Each convenience business shall provide robbery deterrence and safety training to new employees within 60 days of employment, in accordance with Section 812.174, F.S.; and to existing employees within 90 days of the effective date of this rule.
(2) The training curriculum must include, at a minimum, the following topics:
(a) Robbery prevention strategies:
1. Understanding the convenience business’ security policies;
2. Maintaining visibility to ensure safety;
3. Understanding the convenience business’ cash management system; and
4. Security measures and devices.
(b) Robbery reaction strategies:
1. Robbery reaction; and
2. Robber identification.
(c) Post robbery procedures and strategies.
(d) Personal safety:
1. General crime precautions; and
2. Actions to take following a crime.
(3) The proposed training curriculum shall be submitted to the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, by submitting Form DBPR ABT-6081, Convenience Business Request / Approval, effective May, 2026, incorporated within Rule 61A-8.001, F.A.C., accompanied by payment of a $100 administrative fee for each proposed curriculum. The proposed curriculum shall thereafter be submitted to the Division on a biennial basis every two years from the date of the initial approval, accompanied by payment of a $100 administrative fee, pursuant to Section 812.174, F.S.
Rulemaking Authority 812.174, 812.176 FS. Law Implemented 812.174 FS. History – New ________.
61A-8.003 Enforcement.
(1) The Division shall notify a convenience business of its violation of the Convenience Business Security Act by providing a Notice of Violation, which shall include the specific statutes and administrative rules that the convenience business violated. The convenience business shall have 30 days after receipt of the Notice to provide proof of compliance to the Division.
(2) If a violation set forth within the Notice of Violation is not corrected within 30 days of delivery of said Notice, a civil fine shall be imposed in the amount of $750 to $5000 for each of the following violations of the Convenience Business Security Act:
(a) Failure to Equip with Required Security Devices and Meet the Standards Set Forth in the Convenience Business Security Act, and/or Rules 61A-8.001 and/or 61A-8.002, F.A.C.:
1. 1st Offense: $750
2. Repeat Offense: $2000
(b) Window Tint (which reduces normal line of sight):
1. 1st Offense: $750
2. Repeat Offense: $2000
(c) Failure to Equip with Silent Alarm Unless Exempt or an Alternative Method Approved by the Division convenience business administrator is used:
1. 1st Offense: $3000
2. Repeat Offense: $5000
(d) Failure to Notify of the Occurrence of a Qualifying Crime as set forth in section 812.173(4), F.S.:
1. 1st Offense: $3000
2. Repeat Offense: $5000
(e) Failure to Implement Enhanced Security Measures After Qualifying Crime as set forth in section 812.173(4), F.S.:
1. 1st Offense: $1000
2. Repeat Offense: $5000
(f) Failure to Provide Robbery Deterrence and Safety Training to New Employees within 60 Days of Employment:
1. 1st Offense: $750
2. Repeat Offense: $2000
(g) Failure to Provide Robbery Deterrence and Safety Training to Existing Employees within 90 Days of the Effective Date of this Rule:
1. 1st Offense: $750
2. Repeat Offense: $2000
(h) Failure to Biennially Submit Proposed Robbery Deterrence and Safety Training Curriculum to the Division:
1. 1st Offense: $750
2. Repeat Offense: $2000
(3) The penalties for repetitive unlawful conduct shall be based on the same violations occurring within 60 months of the date of the Notice of Violation.
(4) The range of penalties set forth within subsection (2) for violations of the Convenience Business Security Act may be increased by an amount not to exceed $5000 or decreased, based on consideration of the following aggravating or mitigating factors:
(a) Whether a crime was committed at the convenience business while the convenience business was out of compliance with the Convenience Business Security Act.
(b) The type of crimes that were committed at the convenience business while the convenience business was out of compliance with the Convenience Business Security Act, including whether the crime was a murder, robbery, sexual battery, aggravated assault, aggravated battery, kidnapping, or false imprisonment.
(c) The number of crimes committed at the convenience business during the preceding five years.
(d) The type of crimes that were committed at the convenience business during the preceding five years, including whether the crime was a murder, robbery, sexual battery, aggravated assault, aggravated battery, kidnapping, or false imprisonment.
(e) The number of times that the convenience business violated the Convenience Business Security Act.
(f) The deterrent effect of the penalty imposed.
(g) The effect of the penalty upon the livelihood of the owner of the convenience business.
(h) Demonstration to the satisfaction of the Division convenience business administrator of efforts to comply with the requirements of the Convenience Business Security Act before and after the violation.
Rulemaking Authority 812.176 FS. Law Implemented 812.175 FS. History – New ________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Hartmann Swartz
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2026
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2025 (v. 51, n. 206)
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