Florida Legislative Update: What HB 87 and SB 392 Could Mean for Alcohol, Hospitality, and Restaurant Businesses

If you operate a restaurant, bar, hotel, or hospitality concept in Florida, your ability to sell beer, wine, and spirits often comes down to licensing and licensing, in turn, is frequently tied to how your business is classified, how your premises are configured, and whether you meet specific statutory requirements. Florida’s legislative session begins on January 13, 2026 and during this period two proposed bills are on the docket that could impact licensing. HB 87 and SB 392 are worth watching because they focus on the requirements for issuing certain special beverage licenses to qualifying food service establishments. 

What are HB 87 and SB 392?
HB 87 (House) and SB 392 (Senate) are companion/identical proposals titled “Issuance of Special Beverage Licenses.” In plain terms, they propose adjusting the service area square footage and capacity thresholds used to determine whether a bona fide food service establishment can qualify for a special beverage license. SB 392 specifically states it would amend section 561.20, Florida Statutes, which is the statute that governs the issuance of special food service alcohol licenses to restaurants. 

Specifically, the bills would:

• Reduce the required service area from 2,000 square feet to 1,200 square feet
• Reduce the required patron capacity from 120 persons to 80 persons
  Reduce the required number of seats available during operating hours from 120 seats to 80 seats

Importantly, the bills do not change the requirement that at least 51% of gross revenue must come from food and nonalcoholic beverages, nor do they alter enforcement authority or audit requirements. Establishments must still operate primarily as food-driven businesses to maintain eligibility.

Why would this matter to your business?

Because these bills deal directly with square footage and seating thresholds, they can affect businesses at pivotal moments: opening a new location, renovating an existing space, expanding seating, adjusting a floorplan, or reassessing an alcohol licensing strategy. 

For smaller restaurants, chef-driven concepts, or establishments in dense urban or historic areas, the proposed changes could make a special beverage license attainable where it previously was not. Even when a concept’s menu and service model stay the same, a change in how eligibility is defined can influence which license you pursue, what documentation is required, and how long the approval process may take.

What should business owners do right now?

At this stage, the smartest move is not to assume an outcome, but to stay informed and plan with flexibility. Bills often evolve through committee review and amendments, and the final version—if passed—may differ from the filed text. Ultimately, if passed, the changes would go into effect on July 1, 2026. 

If your business is in the middle of an opening, expansion, or licensing decision, it is especially important to evaluate your timeline and strategy with these proposed changes in mind. Timing matters, particularly for projects that may straddle the effective date if the legislation is enacted.

How Spirit Law Partners can help

Spirit Law Partners monitors Florida legislative activity that affects alcohol, hospitality, and regulated retail operations and translates proposed changes into practical, business-focused guidance. Whether you are applying for a special beverage license, revisiting a floorplan, planning an expansion, or preparing for a license renewal, our team can help you assess how HB 87 and SB 392 may intersect with your licensing path and what steps to take to reduce delays, avoid misclassification, and protect your opening timeline.

To discuss your specific licensing scenario and how pending legislative changes could affect your plans, or any other inquiries, contact us at 305.395.3130.