OPPAGA text logo with graphic of FL historic capitol
OPPAGA text logo with graphic of FL historic capitol

Department of Business and Professional Regulation

Alcoholic Beverage and Tobacco Regulation

What is the purpose of the division?

The purpose of the Division of Alcoholic Beverages and Tobacco is to regulate the manufacturing, distribution, sales, and services of alcoholic beverage and tobacco products in Florida.

What are the responsibilities of the division?

The division receives and processes license applications, collects and audits taxes, surcharges, and fees paid by licensees, and enforces laws and regulations governing the sale of these products.

How does the division accomplish its purpose?

The division is organized into three bureaus.
  • Bureau of Licensing issues all licenses, permits, registrations, and approvals related to alcoholic beverages and tobacco products.
  • Bureau of Law Enforcement fulfills the investigative and enforcement functions of the division, including investigation of license applicants and premises and undercover surveys for determining license compliance with minimum age of purchase laws. The bureau also investigates alleged criminal and administrative violations of Florida law when the violations correspond with activity occurring at the premises licensed by the division or without a license as required by law.
  • Bureau of Auditing collects and audits excise taxes levied upon on alcohol and tobacco products. They also collect and the surcharge on cigarettes and other tobacco products sold in Florida and conduct compliance audits.

What taxes are collected by the division?

The division is responsible for administering several taxes owed by businesses involved in the alcoholic beverage and tobacco industries.
  • Alcoholic Beverage Excise Tax is levied on each gallon or fraction thereof of beverage sold during the previous month. The tax is based on alcohol by volume.
  • Cigarette Excise and Surcharge Taxes are levied on a per pack basis with a tax and surcharge stamp placed on cigarette packages as evidence that the taxes were paid.
  • Other Tobacco Products Excise Tax and Surcharge is levied as a percentage of the wholesale price for any tobacco products other than cigarettes and cigars.
The division generates approximately $1.5 billion in alcoholic beverage and tobacco related taxes, surcharges, and fees. The division transfers most funds to the General Revenue Fund, but retains funds for division operations and distribution to other programs as required by statute.

Does the division effectively enforce underage alcoholic beverage and tobacco laws?

According to Fiscal Year 2018-19 performance data, of the 52.6% of retail alcohol and tobacco licensees and permit holders who were inspected, 89.89% of the alcoholic beverage retailers and 92.08% of the tobacco retailers were found to comply with restrictions on access by underage persons. These metrics exceeded the legislative standard for the percent of retail alcohol and tobacco licensees and permit holders to be inspected (40%), as well as the standard for retailers found to be in compliance with regulations preventing underage person' access (80%).

How are these activities funded?

Fiscal Year: 2020-21
Fund Dollars Positions
PROGRAM: ALCOHOLIC BEVERAGES AND TOBACCO
COMPLIANCE AND ENFORCEMENT
17,847,449
186.75
STANDARDS AND LICENSURE
4,470,313
59.50
TAX COLLECTION
6,702,565
82.00
TOTAL
29,020,327
328.25

Updates

Smoking and vaping prohibitions.  The 2020 Legislature enacted SB 810 which changes the age to purchase tobacco products from 18 to 21, prohibits the sale of flavored liquid nicotine products (other than tobacco or menthol), prohibits smoking or vaping on or near school property by anyone under the age of 21, and anyone under the age of 18 found possessing tobacco products must complete a school approved anti-tobacco or anti-vaping "alternative to suspension" course.

Where can I find related OPPAGA reports?

A complete list of related OPPAGA reports is available on our website.

Where can I get more information?

Websites of Interest
U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
Performance Information
Performance measures and standards for the department may be found in its Long Range Program Plan.

What are the applicable statutes?

Chapters 210, 386 Part II, 561, 562, 563, 564, 565, 567, 568, and 569, and ss. 322.212, 559.791, 768.125, and 877.18, Florida Statutes.

Whom do I contact for help?

Division of Alcoholic Beverages and Tobacco, 850-487-1395

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