Legislative Alert: HB 87 (Issuance of Special Beverage Licenses)
As the Florida Legislature considers new alcoholic beverage laws that may affect manufacturers, distributors, vendors, and consumers, the firm tracks the policymaking action through the Legislative Alert series of posts here. Bill updates, amendments, and hearings can be accessed directly through the Florida House’s websites.
The first proposal to make it to the bar, HB 87 (reproduced below), would make it easier to qualify for the important special food service (“SFS”) liquor license that allows the on-premises sale and consumption of beer, wine, and liquor. The SFS license type is intended to allow qualifying restaurants to avoid spending hundred of thousands of dollars on a full quota liquor license, the type of license a South Beach night club or Gainesville college bar might hold.
This is the Beverage Law, so you have to know that there are some strings attached. Current law requires that the restaurant have a public food service establishment license from the Division of Hotels and Restaurants, at least 2,000 square feet of service area, and the ability to serve 120 people at one time in order to qualify. The establishment also must have at least 120 physical seats available for patron to use during operating hours. Importantly, 51% of food and beverage revenue must be from the sale of food and non-alcoholic beverages.
This new proposal would lower the service area requirement to only 1,200 square feet and the physical seat requirement to 80. Needless to say, this would open up the SFS license to a new universe of establishments across the state. There’s long been a perception that making the SFS license easier to obtain would diminish the value of full quota liquor licenses by reducing the demand for the latter. It’s unclear whether this specific proposal would have that impact, given that 1,200 square foot restaurants likely would not generate enough revenue to afford an expensive quota under the status quo anyways.
Nonetheless, with some well-represented operators have millions of dollars invested into their license portfolios, one could imagine that this issue will be hotly-debated.
Please note that the bill may change during the legislative process.
HB 87 - Issuance of Special Beverage Licenses
General Bill by Brackett
Issuance of Special Beverage Licenses: Revises service area square footage & capacity of bona fide food service establishment that may be issued special license.
Effective Date: July 1, 2026
