With so many states finding creative ways to keep their economies going during the pandemic, Florida is looking to have some temporary changes made during the pandemic turn into permanent ones. And in true Florida fashion, the state is starting with its alcoholic beverage laws.

Florida’s newest senator, Jennifer Bradley of North Central Florida’s Senate District 5, has filed a proposal that would make mixed drinks available for takeout in the state. Her bill, SB 148, would revise current alcoholic beverage laws and would codify an executive order put in place early on in the pandemic.

Bradley's proposal is an example of intentional efforts to help struggling restaurants that have been hit especially hard during the pandemic. Bradley acknowledges the struggles many small businesses have been facing and explains of her new law, “In an effort to support our restaurants have been running on fumes, I plan to file a bill that allows restaurants to permanently serve mixed drinks as a takeout option. It’s been a long year; Floridians should be able to get a Cosmo to-go.”

Bradley's bill would allow for mixed alcoholic beverages to be sold to-go, but only under certain conditions. The drinks have to be packaged in a sealed container, and they must be ordered with a meal.

Bradley isn't the only one looking to uncork some changes. Senator Jeff Brandes has drawn up similar legislation in his proposed SB 134. Brandes’ proposal, however, takes things one step further by expanding the alcoholic beverages from just mixed drinks to include malt beverages too. Brandes’ proposal also details strict packaging and labeling requirements.

Both proposals make it clear that proper packaging requirements will need to be defined, and Brandes explains, “We’re just not allowing somebody to take their drink home in a roadie and a red Solo Cup.”

With Bradley’s proposal, there is some nuance to what ordering a meal consists of. Currently, the law describes a “full meal” as an order including an entree, a salad or vegetable, beverage, and bread. But like Bradley, Brandes explains that there should be revisions on the definition of the current law of what a full meal entails, especially considering not many people know what the rule is.

Bradley and Brandes defend solidifying their proposals in law by citing how beneficial it was to restaurants during the pandemic. Brandes explained in a public statement, “It was wildly successful and, in many ways, helped businesses get over the hump of the pandemic. We think it is a process that should continue, so we are looking to establish it in state law. We saw this during the pandemic. There weren’t any major problems. … I don’t think this is going to be a major issue for us to streamline the process and allow Floridians to have more freedom.”

Mayor DeSantis in Support of the Proposals

When the nation began to undergo strict lockdown measures, Governor Ron DeSantis issued an executive order in March which allowed restaurants to serve alcohol to go. The executive order was issued as a way to allow restaurants to continue generating revenue even as the state's lockdowns limited diners and operating hours.

As the pandemic continued into September, DeSantis expressed his support and entertained the idea of making alcoholic beverages to-go a permanent fixture in state law. DeSantis spoke in a meeting with restaurant owners in Ft. Myers, where he shared the following statement, “I think that you guys need all the help you can get, and I think it would make a lot of sense.”

Florida is not the first state to entertain new “alcohol to-go” measures during the pandemic. In late May, ABC News reported that at least 34 states, including Puerto Rico, had amended their beverage laws in one way or another as a measure to keep restaurants running.

Both proposals have garnered positive public support so far. Some naysayers argue that alcohol to-go will only lead to bigger problems, but supporters argue that it may result in diners driving more responsibly because of the fear of being pulled over. Both proposals have been filed for the 2021 legislative session, which is set to begin on March 2.