Samuel A. Rubert, P.A.

New Florida laws for late-night convenience businesses

2026-05-11T21:08:38Z

Late-night convenience businesses allow people to acquire basic necessities when traditional stores may already have closed for the night. They provide a critical service, but their hours of operation create opportunities for criminal activity. Late-night operating hours may put both patrons and employees at particular risk during robberies and similar criminal incidents. The Florida Department of Business and Professional Regulation (DBPR) has adopted new rules under the Convenience Business Security Act. New mandatory security requirements can lead to regulatory compliance issues for convenience businesses, making proactive compliance critical. How might the Convenience Business Security Act affect operations?

Businesses must invest in training and security measures

The approval date for the new rules was April 3rd, 2026. There are now mandates regarding new hire and existing employee training. There are also new security standards, including rules regarding cash management, to deter criminal activity. All new hires must undergo safety training programs within 60 days of starting a position. Existing employees should receive training within 90 days of the new rules taking effect. Businesses must have their training programs certified every two years to ensure they align with current requirements. The new law also mandates the installation of continuously running security cameras and easily visible height markers placed at business entrances to assist with the identification of criminals. Convenience establishments also need to have a drop safe to comply with cash management rules. The company must have a written policy regarding cash management between 11:00 p.m. and 5:00 a.m. Any cash beyond $50 should go into the drop safe promptly. Businesses accused of non-compliance may face fines of anywhere from $750 to as much as $5,000 for repeat offenses. Companies with silent alarms can request an exemption by paying a $25 fee and submitting form DBPR ABT-6081. The law does include a grace period. Businesses that violate the Convenience Business Security Act have 30 days from the receipt of a formal notice before they may be subject to fines. Those operating convenience businesses need to ensure immediate and consistent compliance with state regulations. Regulatory compliance is critical for both fine avoidance and retention of an operating license. Those concerned about new security rules or the development of security training curriculum can contact Rubert Law today by clicking here to learn more.

Florida’s 2025 Quota Beverage License Drawing: The 45-Day Deadline is Now Active

2026-05-11T21:20:33Z

Florida’s 2025 quota beverage license drawing concluded on the morning of May 6, 2026, but for many businesses, the real value of this exercise lies in understanding what comes next and how to prepare for future opportunities. These drawings are one of the few ways to obtain a full liquor license in certain areas. As the drawings follow a structured process that rewards preparation and attention to detail, learning from this latest “installation” can be valuable indeed. Quota licenses are limited by population, which is why they are so competitive. Each year, the state determines whether new licenses can be issued based on population growth within specific counties. For the 2025 autumn cycle, the drawing applied to 26 counties, including high-demand areas like Broward, Miami-Dade, Hillsborough, Orange, and Palm Beach. Businesses operating in these regions often rely on these drawings as a more affordable alternative to purchasing an existing license on the secondary market.

Important: Did You Win? The Clock is Ticking

With the official 2025 winners list now available, the Florida DBPR will begin notifying selected applicants via certified mail. Receiving this notice officially triggers a strict 45-day deadline. Within this window, winners must

File a formal application for the quota license.
Pay all required state fees (ranging from $5,000 to over $25,000 depending on the county and license type).
Submit all required documentation, including fingerprints and health/zoning approvals.

If you miss this 45-day deadline or submit an incomplete application, your selection will be forfeited and the opportunity will be passed to the next alternate on the list.

The selection process itself is designed to be random and fair. The state uses a double random selection method, meaning entries are first randomized and then selected again to determine winners. The drawing took place on Wednesday, May 6, 2026, at 9:00 a.m. EST at the Capital Commerce Center in Tallahassee. Importantly, the event was not streamed live, so applicants were not able to watch the process in real time.

Looking forward

Businesses that were not selected this time around should not be discouraged, as future drawings will follow a similar structure. Looking ahead, business owners need to keep in mind that preparation is key for the next opportunity. Businesses should work to ensure that ownership structures, financial disclosures and application materials are accurate and complete well before the application window opens. Even small errors can lead to disqualification. It is also important to evaluate whether pursuing a quota license aligns with a company’s long-term business goals, especially given the regulatory requirements that follow. If you have questions about quota licenses or want to prepare for a future drawing, know that Rubert Law can help guide you through the process and position your business for success. Contact us today to learn more.

TTB recordkeeping review: Your chance to reduce the paperwork burden

2026-03-11T21:18:20Z

Florida beverage producers currently face a unique opportunity to influence federal regulatory standards. The Alcohol and Tobacco Tax and Trade Bureau (TTB) is reviewing its extensive recordkeeping and reporting requirements to evaluate their practical utility. This review aims to determine if the current administrative workload places an unnecessary strain on industry members. For Florida breweries, distilleries, and wineries, this period offers a vital window to voice concerns regarding the time and resources spent on federal compliance.

Participating in the federal feedback process

The TTB frequently requests public input on the forms and logs that define daily operations for beverage businesses. This feedback loop allows the government to assess whether its "burden estimates" align with the actual experience of a working production facility. Industry members can submit formal comments to suggest ways to simplify digital systems like COLAs Online or refine DSP transaction records. Your participation in this process involves several available avenues for action:

Access the official docket at Regulations.gov to review specific collection notices.
Submit detailed descriptions of the administrative costs your business incurs.
Suggest specific digital upgrades to the TTB portal to improve ease of use.
Detail any redundancies you find between state and federal reporting forms.

According to the TTB Information Collection Notices, the bureau must justify the necessity of every form it requires. If the industry remains silent, the government may assume that current systems are efficient and lack any need for reform. Formal comments ensure that the federal government hears the perspective of local business owners before final decisions are made on future reporting rules.

Tracking the upcoming regulatory deadlines

The opportunity to shape these federal standards is limited by strict procedural timelines. The TTB has established clear dates for the submission of public comments on its current information collection notices. Missing these deadlines means losing the chance to influence the recordkeeping requirements that will govern your business for years to come. These critical dates for the 2026 tax and regulatory season include:

March 31, 2026: Deadline for comments on the first set of information collection notices
April 13, 2026: Final date to submit feedback on additional reporting forms
Continuous updates: Monitor the TTB Newsletter Archives for future notice periods

You can submit your comments electronically via the Regulations.gov Docket TTB-2026-0001 portal. Providing data-driven feedback is the most effective way to demonstrate that certain requirements lack practical utility for a modern brewery or winery. These deadlines are the primary gateway for any business seeking to lower its long-term operational costs through federal reform.

Strengthening your operational compliance strategy

Silent compliance is often mistaken for satisfaction by federal agencies. If your internal data shows that TTB reporting takes more time than the bureau estimates, your operational costs will stay high. Strategic licensing management involves more than just filing forms; it requires an active role in the regulatory conversation. We assist our clients by drafting impactful TTB comments and performing comprehensive compliance audits. These audits help streamline both state and federal reporting to reduce the chance of errors. A proactive review from a Miami defense law office ensures your business remains protected while you work to eliminate the paperwork burden. Taking these steps now helps your establishment stay ahead of the next major federal regulatory shift.

2025 DBPR enforcement review: Why strong counsel is your best defense

2026-03-11T21:09:51Z

The Florida Department of Business and Professional Regulation (DBPR) has dramatically escalated its regulatory activity in 2025. This aggressive, fast-moving posture now threatens immediate and serious consequences for hospitality groups and retail business owners across the state. The Division of Alcoholic Beverages and Tobacco (ABT) deploys advanced data and multi-agency resources to identify violations quickly. Staying ahead of these shifting enforcement trends is critical. Waiting could put your commercial investment at immediate risk.

Navigating an aggressive regulatory landscape

The DBPR recently released alarming data documenting an unprecedented expansion of its oversight. This year, state agents executed a record-breaking number of field operations. No business is immune from potentially disruptive enforcement. These efforts aggressively target both licensed establishments and those operating without proper authorization, meaning you could be next. The 2025 enforcement data reveals the scale of these state-wide operations:

Investigators completed over 15,800 compliance checks at licensed Florida establishments
The department initiated thousands of new investigations into unlicensed activity
Field agents performed nearly 4,500 proactive inspections to identify safety risks
State officials processed over 143,000 professional license applications during this period

These figures come from the DBPR 2025 Accomplishments Report, which highlights a renewed focus on strict statutory adherence. Business owners who overlook minor administrative details now face a higher probability of an unannounced inspection. This increased visibility means that even small recordkeeping errors can quickly escalate into formal legal disputes.

High-stakes risks and multi-agency stings

State regulators are currently prioritizing the elimination of serious criminal activity within the hospitality sector. Recent efforts, such as "Operation 8 Ball," demonstrate the state's willingness to use undercover stings. These operations often involve the ABT Law Enforcement Bureau working alongside local police and federal partners. Establishments found in violation of these high-priority areas face severe administrative penalties:

Documented solicitation or illegal activity on the licensed premises
The presence of unauthorized electronic gambling machines or illegal betting
Evidence of labor exploitation or human trafficking within the business
Repeated sales of alcohol or tobacco products to underage individuals

A single violation in these categories can lead to felony charges and the permanent loss of your business license. Once the state initiates a formal complaint, the window for a favorable resolution begins to close. Proactive management of these risks is essential for any business owner planning a future expansion.

Quantifying the financial impact of violations

The financial consequences of an enforcement action go far beyond simple administrative fees. In 2025, the department recovered more than $1.5 million through mediation and enforcement efforts. For a small business, the cost of a standard administrative action can easily jeopardize annual profit margins. Administrative fines for common violations often include these hidden costs:

Initial fines for recordkeeping errors that frequently start in the thousands
Mandatory suspension of operations while the state reviews a pending complaint
Legal fees associated with responding to a formal Administrative Complaint

Competent legal counsel can often mitigate these costs by managing Alternative Dispute Resolution (ADR) to lower settlement amounts. Engaging an attorney early enables a business to address compliance gaps before a problem arises. This proactive approach saves your licensing and protects your bottom line from the state's aggressive 2026 enforcement push. Proper guidance from a Miami defense law office can shield your business from unexpected liability and operational shutdowns.

The liability that comes with Gasparilla season expansion

2026-01-29T15:41:47Z

Business owners in the Tampa area often look forward to the surge of activity that comes with Gasparilla season. The festivities traditionally kick off with the Children’s Gasparilla Parade in late January, followed closely by the main Pirate Fest. However, the season is a marathon, not a sprint, extending through the Gasparilla Distance Classic in February and the International Film Festival in March. By the time the parades begin, local businesses have already filed their permits with the city. Yet, the work doesn't end with the application. For those serving beer, wine, or spirits, the period of peak expansion is when the risk of liquor license errors is highest. This is the critical window for a professional compliance audit to ensure that citations don't overshadow the season’s success.

What are the main risks?

Discrepancies between the information on a paper permit and the operational reality of a high-volume event can lead to costly citations. If the actual setup of a licensed premises such as a temporary tent or expanded patio does not align perfectly with the sketch provided when filing form ABT-6029, the vendor is at risk. Unapproved floor plans and deviations from filed sketches frequently lead to administrative fines and license suspensions during what is often the most lucrative month of the year. The other primary concern involves temporary staffing. Bringing in seasonal bartenders and servers to handle the Gasparilla crowds carries inherent risk. Florida's dram shop laws hold businesses responsible for the actions of their workers. If a temporary employee fails to properly check identification or over-serves a patron amidst the chaos of a crowded outdoor environment, the business faces direct liability and severe penalties.

Ensuring compliance throughout the season

Sales are only one metric of a successful season. Vendors must ensure they don't just maximize revenue, but also protect their long-term standing with the state to ensure they still have their liquor license long after the pirates leave town. Vendors concerned about discrepancies in their temporary expansion or worried about the efficacy of their security and service standards should contact Rubert Law immediately. Our firm provides comprehensive license compliance audits to help ensure that the excitement of Gasparilla season doesn't lead to major financial penalties, litigation, or permanent business setbacks.

Helping small restaurants navigate Orlando’s 2026 SFS rules

2026-01-28T20:41:55Z

Bar and restaurant owners in Orlando need to comply with state regulations regarding food service and the sale of alcohol. Proper licensing is critical for organizations hoping to augment their income by serving beer, wine or liquor. Rules have shifted, and there have been court rulings at the federal level affirming some of Orlando's unique late-night regulations for businesses licensed to serve alcohol. Business leaders may need help planning for the new year, exploring new opportunities and ensuring compliance with complex state and local regulations.

New opportunities for smaller venues

There are special rules in place for businesses operating in the Downtown Community Redevelopment Area and multiple Orlando Main Street districts. Statewide Florida laws impose relatively strict requirements for a liquor license. A business generally needs to have at least 2,500 ft of space and 150 seats to be eligible for a Special Food Service (SFS) liquor license. However, new rules in Orlando incentivizing business development allow smaller businesses to qualify for an SFS license. The business may only need to occupy 1,800 square feet of contiguous space and offer 80 seats instead of 150. The rule requiring that at least 51% of the gross revenue comes from food and non-alcoholic beverages still applies. Smaller restaurants could be eligible for an SFS license, although owners may need assistance applying for a 4COP SFS license.

What about after-midnight sales?

Orlando has had relatively strict rules in place for the service of alcohol after midnight since 2023. Last year, a federal judge ruled on a lawsuit brought by bars and music venues challenging the requirements imposed by the special after-midnight permit. The ruling affirms that the city has the right to mandate security measures. Businesses with liquor licenses in the Downtown Entertainment Area have to purchase a separate permit each year to sell alcohol after midnight. If the business has a capacity of 125 or more people, there is an obligation to pay for security and off-duty police officer protection. Some experts estimate that the cost of compliance with the after midnight alcohol sales rules can create anywhere from $50,000 to more than $145,000 in additional costs annually. Business leaders need to take those expenses into consideration when planning for the 2026 business year. Bar and restaurant owners as well as those running entertainment venues may need experienced legal counsel to ensure that they secure the permits they need and remain compliant with all requirements. The 51% rule regarding food revenue can often become a sticking point for otherwise successful bars and restaurants. Getting legal guidance regarding business plans for the upcoming year, after midnight alcohol service rules and special liquor licenses can help business leaders comply with the law and optimize their opportunities for income.

Do I need to provide proof of one year leasehold to have a license to sell alcohol in Florida?

2026-01-08T16:28:02Z

In a significant legal development, Attorney Samuel Rubert recently filed an administrative rule challenge on behalf of Hoople Street Ventures, LLC against the Division of Alcoholic Beverages & Tobacco (DABT). This challenge addresses a controversial policy the agency began enforcing earlier this year, requiring applicants for alcoholic beverage licenses to provide proof of a leasehold for a period of one year. This requirement, which is not stated in the Beverage Law or Chapter 61A of the Florida Administrative Code (FAC), raised concerns among business owners and legal experts alike.

What was the issue?

The DABT's new policy has affected several licensees and deterred potential business ventures in the alcoholic beverage industry. Attorney Rubert argued that such a policy, which impacts the rights of the regulated community, must be established through formal rulemaking procedures. The absence of this requirement in existing statutes suggests that the DABT's actions may be an arbitrary exercise of authority. Key legal arguments Attorney Rubert made in his challenge against the rule include:

Lack of statutory basis: The requirement for a one-year leasehold is not found in the Beverage Law or Chapter 61A of the FAC.
Potential overreach: The DABT's policy could be an invalid exercise of its authority, as the legislature has not mandated such a requirement.
Inconsistency in licensing: The agency has historically issued licenses for much shorter periods, sometimes as brief as one day.

These points highlight the potential overreach of the DABT and underscore the importance of adhering to established legislative processes.

How do entrepreneurs fight back against a state agency like the DABT?

Legal avenues are available to challenge rules such as these, but the process comes with financial risk. There are various costs tied to the process, and this financial burden often discourages businesses from pursuing legal action. As such, the fear of regulatory agencies acting beyond their scope is a significant concern for any regulated industry. This case illustrates the importance of having legal guidance from experienced attorneys when one chooses to take on a state agency to help better ensure a positive outcome when navigating complex regulatory landscapes. In September 2025, Attorney Rubert successfully obtained a Consent Order, effectively ending the DABT's controversial policy. The order states that although applicants for alcoholic beverage licenses must establish a right of occupancy to a premise, the occupancy can be for any amount of time – not an entire year. This outcome not only benefits Hoople Street Ventures, LLC but also sets a precedent for other businesses facing similar challenges.

TTB electronic payment mandate: Why your alcohol tax refund may be delayed right now

2025-12-16T17:01:20Z

For many Florida distilleries, breweries, wineries, and importers or wholesalers, the past few months have brought an unexpected and frustrating problem: delayed TTB tax refunds. Whether you file CBMA claims, drawback claims, or general excise tax refunds, the slowdown is real. And if you’re involved in buying or selling an alcohol business, these delays are more than an annoyance. They’re a compliance red flag that can affect valuation and closing timelines.

The problem: TTB ended paper check refunds on September 30th, 2025

The TTB quietly rolled out a major procedural change: as of September 30, 2025, the agency no longer issues paper check refunds. All refunds must now be paid electronically via EFT or ACH.

That shift sounds simple, but in practice, it has created a bottleneck. Here’s why: Many permittees do not have valid banking information on file with TTB. Without it, TTB cannot issue the refund, and your claim sits in limbo.

For Florida-based producers, importers, and wholesalers who rely on steady cash flow, especially those dealing with CBMA import credits, this can cause significant operational strain.

Why are refunds delayed? Missing EFT And ACH data

Even if your refund claim was filed correctly, the payment will not be released until TTB has your:

Bank name
Routing number
Account number
Authorization for EFT/ACH transactions

If any of this is missing or outdated, your refund will not process, and TTB will not send a paper check as a fallback anymore.

Right now, a large portion of delayed refunds stem from one simple issue: outdated or missing banking data.

Required fixes for Florida permitted businesses

To get refunds flowing again and to avoid future delays, permittees must take the following actions immediately:

CBMA importers must update banking information in myTTB: If you import spirits, wine, or beer and claim CBMA import credits, you must log into the myTTB system and input your current bank account information. Without this step, your CBMA refunds will not be issued, regardless of how timely or accurately you file your claim.
All refund forms now require banking details: Whether you’re filing:
1. TTB Form 5620.8
2. CBMA claim documentation
3. Drawback claims
4. Any other refund request

You must now include valid banking information directly on the form. If you submit the claim without this information, TTB will not process it.

Missing TTB banking info is a due diligence red flag

If you are purchasing a distillery, brewery, winery, importer, or wholesale business in Florida, missing or outdated TTB banking data should set off alarm bells. Why it matters:

It signals poor internal controls and weak compliance practices
It may indicate unclaimed or unresolved tax credits or refunds, affecting cash flow
Delayed refunds can hold up closing disbursements or require holdbacks to account for regulatory risk
It suggests the seller may have broader TTB compliance gaps, including in liquor licensing, reporting, CBMA filings or excise tax errors

In transactional deals, the presence or absence of clean, current TTB compliance, including banking information, can materially affect negotiations and timing.

We can fix delayed refunds and strengthen your compliance profile

If your TTB refund is delayed, or if you’re evaluating the compliance posture of a business you’re buying or selling, we can help. Our team provides:

Immediate correction of TTB banking data to release pending refunds
Full TTB and DABT compliance audits, including CBMA filings and excise tax review
Transactional support, including due diligence and cleanup before closing
Ongoing compliance management so issues like this never slow down your business again

Contact us for fast assistance with delayed refunds or a comprehensive compliance review that protects value in your next transaction.

New rule proposed for Florida golf clubs

2025-09-18T16:40:28Z

The ability to play golf year round makes Florida a natural golf destination. With more than 1,100 courses throughout the state, the Sunshine State sees more than 40 million rounds of golf played each year by both locals and tourists. While golf is a lucrative industry, club owners have many rules and regulations to stay up to date on. Notably, clubs that serve alcohol to members must comply with alcoholic beverage regulations. This means not only operating within the scope of their beverage license, but also staying compliant with new rules. Florida's Division of Alcoholic Beverages and Tobacco (DABT) recently announced a new rule affecting Florida golf clubs. What do clubs and business owners need to know about this rule change?

New rule affects the purchase of single-serve bottles

In July 2025, the DABT published a notice affecting licensed Florida golf clubs, which allows golf clubs to purchase "airplane" bottles, or small, single-serving bottles, primarily for sale on the course. The new rule states that spirits may be purchased only in individual containers, which may not be larger than 1.75 liters or smaller than 0.50 liter. The exception to this is golf clubs licensed in accordance with s. 561.20(7)(b). These clubs may purchase alcohol containers that are 50 milliliters or 1.7 ounces.

Licensing requirements for Florida golf clubs

To serve alcohol legally, your club must hold the proper license. Private golf clubs operate under the 11CG license, which permits the sale of alcohol on club premises to only members and nonresident guests. To qualify for this license, clubs must:

Have had a continuous presence and active operations for at least two years in the Florida county where it is located;
Be comprised of at least nine holes, a clubhouse, locker rooms and facilities for attendants; and
Own or lease at least 35 acres of land.

Municipality-owned golf clubs may apply for the 11CG-PC license, which also permits the sale of alcohol for consumption on the premises only.

Practical steps to keep your Florida golf club compliant

Maintaining compliance with licensing requirements and rule changes protects your golf club from legal issues and operational disruptions. Take these proactive steps:

Update policies and procedures: When rule changes are issued, promptly update your documentation.
Train your staff: Ensure employees understand permitted sales and service practices.
Keep accurate records: Document purchases, sales and inventory for audits.

Follow these steps and monitor updates to reduce risk, stay compliant and protect your club. Even with these precautions, navigating alcohol regulations can still be complex.

Why legal guidance matters

Staying compliant involves more than familiarity with the law. It requires proper licensing, staff training, accurate recordkeeping and updated policies and procedures, all aligned with current regulations. Even experienced club owners can find these requirements difficult to manage. An attorney experienced in alcoholic beverage law can help you navigate regulatory changes and avoid costly penalties. Being proactive and seeking the assistance of a Florida alcoholic beverage law attorney can help your club operate smoothly while offering a safe and enjoyable experience for members and guests.

DABT and FGCC issue guidance on gaming or gambling machines on licensed premises

2025-09-16T17:08:51Z

Florida bars, breweries and other licensed establishments might have gaming or gambling machines on their premises. Florida's Division of Alcoholic Beverages and Tobacco (DABT) and the Florida Gaming Control Commission (FGCC) recently issued guidance requesting that licensees with such machines ensure they are in compliance with Florida law. What do licensees need to know about this guidance and complying with Florida's gambling laws?

Florida law only allows gambling in certain places

In Florida, gaming and gambling machines are only permitted on lawfully designated locations. The FGCC has a map on its website displaying the locations of legal gaming businesses and facilities. If you keep machines on your premises that are in violation of Florida law, you could face penalties. The DABT and FGCC recently warned licensees about three main risks:

Criminal penalties: State prosecutors can file criminal charges against business owners.
Civil penalties: Businesses may face fines or lose property.
Administrative action: The DABT can suspend or revoke beverage licenses.

The FGCC advises that generally, Florida businesses cannot apply for a license or pursue other means to operate gaming or gambling machines on their premises.

Are you in compliance with Florida law?

This warning shows that gaming and alcohol regulators are working together more closely than before. Florida has increased enforcement against illegal gambling and has recently taken action against businesses with illegal machines on their premises. The DABT has begun referring licensees who are in possession of illegal gaming or gambling machines to the FGCC to take necessary action. If you are unsure whether a gaming machine in your bar, brewery, restaurant or other establishment is legal, seek the guidance of an alcoholic beverage law attorney. A violation can lead to steep fines or even the loss of your beverage license, putting your entire operation at risk. Staying compliant protects your license and helps you avoid costly fines or criminal charges.