Florida Senate - 2025 SB 1818
By Senator Collins
14-01330-25 20251818__
1 A bill to be entitled
2 An act relating to craft breweries; reordering and
3 amending s. 561.01, F.S.; defining the terms “barrel”
4 and “craft brewery”; amending s. 561.221, F.S.;
5 providing that malt beverages and other alcoholic
6 beverages that are manufactured under contract or by
7 an alternating proprietorship by another licensed
8 manufacturer may be transferred to a licensed
9 facility; requiring that such beverages not owned by
10 the manufacturer which are brewed by another
11 manufacturer be obtained through a licensed
12 distributor that is not also a licensed manufacturer,
13 a licensed broker or sales agent, or a licensed
14 importer; authorizing a craft brewery to sell and
15 deliver up to a specified number of barrels of malt
16 beverages annually to any licensed vendor, provided
17 certain conditions are met; prohibiting a manufacturer
18 that possesses a vendor’s license and that produces
19 more than a specified number of barrels of malt
20 beverages from making deliveries; authorizing a craft
21 brewery to conduct tastings and sales of malt
22 beverages at certain events; requiring the Division of
23 Alcoholic Beverages and Tobacco to issue permits for
24 such tastings and sales to such craft breweries;
25 requiring such craft breweries to pay all entry fees
26 and have a representative present at such events;
27 providing that the permit is valid only for the
28 duration and physical location of the event; revising
29 a provision relating to the vendors that may be
30 licensed as manufacturers of malt beverages; making
31 technical changes; amending s. 561.37, F.S.; deleting
32 a requirement that manufacturers and brewers file a
33 surety bond with the division; amending s. 561.5101,
34 F.S.; revising applicability relating to come-to-rest
35 requirements; amending s. 561.57, F.S.; authorizing a
36 craft brewery to transport malt beverages in vehicles
37 owned or leased by the manufacturer or persons the
38 manufacturer has disclosed in writing to the division;
39 conforming a cross-reference; amending s. 563.02,
40 F.S.; revising a requirement for certain manufacturers
41 to pay a specified license tax; amending s. 563.022,
42 F.S.; revising the definition of the term
43 “manufacturer”; creating s. 563.023, F.S.; providing
44 applicability; providing that certain distribution
45 agreements are deemed to renew upon a specified date;
46 requiring distribution agreements between a beer
47 distributor and a craft brewery to be in writing;
48 providing construction; providing that a distribution
49 agreement may not require or authorize certain
50 actions; authorizing a craft brewery to terminate a
51 distribution agreement in certain circumstances;
52 prohibiting certain actions from craft breweries or
53 distributors of malt beverages; providing exceptions;
54 prohibiting a distributor from refusing to enter into
55 a distribution agreement with a craft brewery, except
56 for good cause and in good faith; prohibiting a
57 distributor from continuing to distribute a craft
58 brewer’s product within a certain timeframe after
59 receiving notice of a distribution agreement’s
60 termination; providing that any sums owed to the
61 distributor are still owed; prohibiting a craft
62 brewery from entering into a contract with more than
63 one distributor to sell any of its products or brands
64 within the same territory at the same time; providing
65 applicability; requiring a distributor that enters
66 into or renews a distribution agreement with a craft
67 brewery after a specified timeframe to maintain
68 physical facilities and personnel for specified
69 purposes; authorizing a distributor to terminate a
70 distribution agreement according to the terms of the
71 agreement or for specified reasons; requiring a craft
72 brewery to repurchase all of its products in the
73 possession of a distributor if a contract is
74 terminated; requiring a craft brewery or distributor
75 that violates this section to pay the injured party
76 all reasonable damages, as well as reasonable costs
77 and attorney fees; requiring a distributor and a craft
78 brewery to enter into arbitration proceedings for
79 specific disputes after a specified timeframe;
80 requiring the parties to use the American Arbitration
81 Association’s Commercial Arbitration Rules; defining
82 the term “fair market value”; requiring that a notice
83 of intent to enter arbitration be sent no later than a
84 specified timeframe after receiving a notice to
85 terminate a distribution agreement; requiring that
86 proceedings be conducted in this state and in front of
87 an impartial arbitrator; providing that an
88 arbitrator’s award may only be monetary; prohibiting
89 an arbitrator from enjoining or compelling conduct;
90 providing that arbitration held pursuant to the act
91 takes precedence over any other remedies and
92 procedures; requiring that the costs of arbitration be
93 equally divided between the parties engaged in
94 arbitration; providing that all other costs are paid
95 by the party that incurred them; requiring the
96 arbitrator to render a decision within a specified
97 timeframe, unless extended by mutual agreement or by
98 the arbitrator; providing that the decision of the
99 arbitrator is final and binding; prohibiting an appeal
100 of the decision; providing that a party that fails to
101 participate in arbitration waives all rights;
102 providing construction; creating s. 563.042, F.S.;
103 defining terms; authorizing contract brewers to
104 transfer malt beverages to contracting brewers’
105 facilities up to a specified amount; authorizing a
106 contract brewer to contract with one or more
107 contracting brewers for a specified purpose; providing
108 that the contract brewer is responsible for complying
109 with federal and state law and for paying all federal
110 and state taxes; providing that title to the malt
111 beverages remains with the contract brewer until the
112 malt beverages are removed from the licensed premises;
113 requiring contract brewers and contracting brewers to
114 maintain certain records required by the division;
115 requiring licensed manufacturers that wish to engage
116 in contract brewing to notify the division of its
117 intention on forms provided by the division; requiring
118 such licensed manufacturers to make a full and
119 complete report to the division by a certain date;
120 specifying what a contract brewer and a contracting
121 brewer must include in such reports; requiring such
122 licensed manufacturers to maintain all records
123 required by the Beverage Law; requiring that an entity
124 seeking to become a host brewer or a guest brewer for
125 alternating proprietorship brewing first qualify as a
126 brewer with the National Revenue Center; requiring
127 such entities to submit a form to the division with
128 specified information; requiring that a guest brewer’s
129 malt beverages be separate and identifiable from the
130 beer of all other tenants at the host brewer’s
131 licensed premises; requiring a guest brewer to make a
132 full and complete report of specified information to
133 the division by a certain day each month; requiring a
134 guest brewer to comply with all federal and state law
135 and to pay all federal and state taxes; providing that
136 title to the malt beverages remains with the guest
137 brewer; prohibiting manufacturers or vendors from
138 engaging in contract brewing or alternating
139 proprietorship brewing; authorizing the division to
140 adopt rules; amending ss. 212.08, 561.20, 561.4205,
141 562.14, 768.36, 817.36, 856.015, and 1006.09, F.S.;
142 conforming cross-references; reenacting ss.
143 563.06(7)(a) and 563.13, F.S., relating to the size of
144 malt beverage containers, and Florida brewery
145 directional signs and fees, respectively, to
146 incorporate the amendment made to s. 561.221, F.S., in
147 references thereto; reenacting ss. 562.07 and
148 565.045(1), F.S., relating to illegal transportation
149 of beverages and regulations for consumption on
150 premises, penalty, and exemptions, respectively, to
151 incorporate the amendment made to s. 561.57, F.S., in
152 references thereto; providing an effective date.
153
154 Be It Enacted by the Legislature of the State of Florida:
155
156 Section 1. Section 561.01, Florida Statutes, is reordered
157 and amended to read:
158 561.01 Definitions.—As used in the Beverage Law:
159 (9)(1) “Division” means the Division of Alcoholic Beverages
160 and Tobacco of the Department of Business and Professional
161 Regulation.
162 (7)(2) “Department” means the Department of Business and
163 Professional Regulation.
164 (21)(3) “State bonded warehouse” means any licensed
165 warehouse used to store alcoholic beverages.
166 (2)(a)(4)(a) “Alcoholic beverages” means distilled spirits
167 and all beverages containing one-half of 1 percent or more
168 alcohol by volume.
169 (b) The percentage of alcohol by volume shall be determined
170 by measuring the volume of the standard ethyl alcohol in the
171 beverage and comparing it with the volume of the remainder of
172 the ingredients as though said remainder ingredients were
173 distilled water.
174 (13)(5) “Intoxicating beverage” and “intoxicating liquor”
175 mean only those alcoholic beverages containing more than 4.007
176 percent of alcohol by volume.
177 (23)(6) “The Beverage Law” means this chapter and chapters
178 562, 563, 564, 565, 567, and 568.
179 (16)(7) “Manufacturer” means all persons who make alcoholic
180 beverages except those who make beer or wine for personal or
181 family consumption pursuant to s. 562.165.
182 (22)(a)(8)(a) “Tax” means all taxes or payments required
183 under the Beverage Law.
184 (b) “There shall be paid” means “there is hereby levied and
185 imposed and shall be paid.”
186 (19)(9) “Sale” and “sell” mean any transfer of an alcoholic
187 beverage for a consideration, any gift of an alcoholic beverage
188 in connection with, or as a part of, a transfer of property
189 other than an alcoholic beverage for a consideration, or the
190 serving of an alcoholic beverage by a club licensed under the
191 Beverage Law.
192 (8)(10) “Discount in the usual course of business” means a
193 cash or spirituous or vinous beverage merchandise discount given
194 pursuant to an agreement made at the time of sale. However, such
195 agreement shall not result in an accrued, accumulated, or
196 retroactive discount. The same discounts shall be offered to all
197 vendors of the same license series or type buying similar
198 quantities. Any discount which is in violation of this section
199 shall be considered an arrangement for financial assistance by
200 gift.
201 (14)(11) “Licensed premises” means not only rooms where
202 alcoholic beverages are stored or sold by the licensee, but also
203 all other rooms in the building which are so closely connected
204 therewith as to admit of free passage from drink parlor to other
205 rooms over which the licensee has some dominion or control and
206 shall also include all of the area embraced within the sketch,
207 appearing on or attached to the application for the license
208 involved and designated as such on said sketch, in addition to
209 that included or designated by general law. The area embraced
210 within the sketch may include a sidewalk or other outside area
211 which is contiguous to the licensed premises. When the sketch
212 includes a sidewalk or other outside area, written approval from
213 the county or municipality attesting to compliance with local
214 ordinances must be submitted to the division to authorize
215 inclusion of sidewalks and outside areas in licensed premises.
216 The division may approve applications for temporary expansion of
217 the licensed premises to include a sidewalk or other outside
218 area for special events upon the payment of a $100 application
219 fee, stipulation of the timeframe for the special event, and
220 submission of a sketch outlining the expanded premises and
221 accompanied by written approval from the county or municipality
222 as required in this subsection. All moneys collected from the
223 fees assessed under this subsection shall be deposited into the
224 Alcoholic Beverage and Tobacco Trust Fund.
225 (20)(12) “Special airport license” means a vendor license
226 to sell certain alcoholic beverages only on those airport
227 premises which have been designated in the United States
228 National Airport System Plan, 49 U.S.C. s. 1711, as air carrier
229 airports, commuter airports, and reliever airports.
230 (1)(13) “Airport terminal” means the airport passenger
231 handling facilities or premises publicly owned or leased by a
232 county, municipality, or public authority at airports which have
233 been designated in the United States National Airport System
234 Plan, 49 U.S.C. s. 1711, as air carrier airports, commuter
235 airports, and reliever airports.
236 (15)(14) “Licensee” means a legal or business entity,
237 person, or persons that hold a license issued by the division
238 and meet the qualifications set forth in s. 561.15.
239 (4)(15) “Bottle club” means a commercial establishment,
240 operated for a profit, whether or not a profit is actually made,
241 wherein patrons consume alcoholic beverages which are brought
242 onto the premises and not sold or supplied to the patrons by the
243 establishment, whether the patrons bring in and maintain custody
244 of their own alcoholic beverages or surrender custody to the
245 establishment for dispensing on the premises, and which is
246 located in a building or other enclosed permanent structure.
247 This definition does not apply to sporting facilities where
248 events sanctioned by nationally recognized regulatory athletic
249 or sports associations are held, bona fide restaurants licensed
250 by the Division of Hotels and Restaurants of the Department of
251 Business and Professional Regulation whose primary business is
252 the service of full course meals, or hotels and motels licensed
253 by the Division of Hotels and Restaurants of the Department of
254 Business and Professional Regulation.
255 (11)(16) “Exporter” means any person that sells alcoholic
256 beverages to persons for use outside the state and includes a
257 ship’s chandler and a duty-free shop.
258 (17) “Performing arts center” means a facility consisting
259 of not less than 200 seats, owned and operated by a not-for
260 profit corporation qualified as an exempt organization under the
261 provisions of s. 501(c)(3) of the Internal Revenue Code of 1986
262 or of the corresponding section of a subsequently enacted
263 federal revenue act, which is used and occupied to promote
264 development of any or all of the performing, visual, or fine
265 arts or any or all matters relating thereto and to encourage and
266 cultivate public and professional knowledge and appreciation of
267 the arts through:
268 (a) The preparation, production, public presentation, or
269 public exhibition of dramatic or musical works, dance, opera,
270 motion pictures, television, music, recordings, or works of
271 fine, performing, or visual arts of any nature;
272 (b) The conducting of lectures, seminars, classes, or
273 workshops for development of skills or techniques related to the
274 practice or appreciation of any or all of these arts;
275 (c) The broadcast or telecast of the performing or visual
276 arts through whatever means is desirable, including, but not
277 limited to, television, radio, cable, or the latest state-of
278 the-art media, equipment, or techniques;
279 (d) The reproduction of the performing, visual, or fine
280 arts through motion pictures, videotapes, video disks, delayed
281 presentations, sound recordings, or whatever in the future
282 becomes a viable means or state-of-the-art;
283 (e) The provision of banquet, concession, or other on
284 premises food and alcoholic and nonalcoholic beverage
285 activities;
286 (f) The conduct of retail activities reasonably related to
287 the other uses of the facility;
288 (g) The conduct of fundraising activities reasonably
289 related to the arts;
290 (h) The provision of auxiliary services for performing or
291 visual artists, educators, students, or the public which are
292 necessary or desirable to promote or facilitate the foregoing
293 uses, including, but not limited to, the publication and
294 dissemination of any or all materials related to the foregoing;
295 (i) The conduct of rehearsals, conventions, meetings, or
296 commercial or other activities; or
297 (j) Such other activities for the promotion and development
298 of the arts not described in paragraphs (a)-(i) as the not-for
299 profit corporation determines, provided that no such activity is
300 inconsistent with or otherwise violates any applicable statute,
301 ordinance, or regulation.
302 (10)(18) “Entertainment/resort complex” means a theme park
303 comprised of at least 25 acres of land with permanent
304 exhibitions and a variety of recreational activities, which has
305 at least 1 million visitors annually who pay admission fees
306 thereto, together with any lodging, dining, and recreational
307 facilities located adjacent to, contiguous to, or in close
308 proximity to the theme park, as long as the
309 owner(s)/operators(s) of the theme park, or a parent or related
310 company or subsidiary thereof, has an equity interest in the
311 lodging, dining, or recreational facilities or is in privity
312 therewith. Close proximity shall include an area within a 5-mile
313 radius of the theme park complex.
314 (5)(19) “Common carrier” means any person, firm, or
315 corporation that undertakes for hire, as a regular business, the
316 transportation of persons or commodities from place to place,
317 offering its services to all who choose to employ it and pay its
318 charges.
319 (12)(20) For purposes of license qualification pursuant to
320 s. 561.20(2)(a)1. the term “historic structure” means a
321 structure that is listed on the National Register of Historic
322 Places pursuant to the National Historic Preservation Act of
323 1966, or is within and contributes to a registered historic
324 district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been found
325 to meet the criteria of historical significance of the Division
326 of Historical Resources of the Department of State, as certified
327 by that division or by a locally established historic
328 preservation board or commission, or like body, which has been
329 granted authority to designate historically significant
330 properties by the jurisdiction within which the hotel or motel
331 is located.
332 (18)(21) “Railroad transit station” means a platform or a
333 terminal facility where passenger trains operating on a guided
334 rail system according to a fixed schedule between two or more
335 cities regularly stop to load and unload passengers or goods.
336 The term includes a passenger waiting lounge and dining, retail,
337 entertainment, or recreational facilities within the licensed
338 premises owned or leased by the railroad operator or owner.
339 (3) “Barrel” means a quantity of 31 gallons.
340 (6) “Craft brewery” means a manufacturer, whether licensed
341 in this state or in another state, which produces in total fewer
342 than 60,000 barrels of malt beverages per calendar year.
343 Section 2. Subsection (2) and paragraph (a) of subsection
344 (3) of section 561.221, Florida Statutes, are amended to read:
345 561.221 Licensing of manufacturers and distributors as
346 vendors and of vendors as manufacturers; conditions and
347 limitations.—
348 (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
349 provision of the Beverage Law, the division is authorized to
350 issue vendor’s licenses to a manufacturer of malt beverages,
351 even if such manufacturer is also licensed as a distributor, for
352 the sale of alcoholic beverages on property consisting of a
353 single complex, which property shall include a brewery. However,
354 such property may be divided by no more than one public street
355 or highway.
356 (b) The licensed vendor premises shall be included on the
357 sketch or diagram defining the licensed premises submitted with
358 the manufacturer’s license application pursuant to s. 561.01 s.
359 561.01(11). All sketch or diagram revisions by the manufacturer
360 must be approved by the division, verifying that the vendor
361 premises operated by the licensed manufacturer is owned or
362 leased by the manufacturer and is located on the licensed
363 manufacturing premises.
364 (c) Notwithstanding any other provision of the Beverage
365 Law, a manufacturer holding multiple manufacturing licenses may
366 transfer malt beverages to a licensed facility, as provided in
367 ss. 563.022(14)(d) and 563.023(2) s. 563.022(14)(d), in an
368 amount up to the yearly production amount at the receiving
369 facility. Malt beverages and other alcoholic beverages that are
370 manufactured under contract or by an alternating proprietorship
371 as defined in s. 563.042 by another licensed manufacturer and,
372 including any malt beverages that are owned in whole or in part
373 by the manufacturer may be transferred to a licensed facility as
374 provided in ss. 563.022(14)(d) and 563.023(2). Malt beverages
375 and other alcoholic beverages not owned by the manufacturer
376 which but are brewed by another manufacturer, must be obtained
377 through a licensed distributor that is not also a licensed
378 manufacturer, a licensed broker or sales agent, or a licensed
379 importer.
380 (d) A craft brewery may sell and deliver up to 5,000
381 barrels of malt beverages annually to any licensed vendor,
382 provided that:
383 1. Any malt beverages sold and delivered under this
384 subsection which are not otherwise registered by a licensed
385 distributor are registered with the division by the craft
386 brewery;
387 2. The craft brewery complies with the requirements in ss.
388 561.42 and 561.423, as applicable, to the same extent as if the
389 manufacturer were a distributor; and
390 3. The craft brewery notifies the distributor of any self
391 distribution delivery by electronic or other means.
392 (e)(d) A manufacturer possessing a vendor’s license under
393 this subsection which produces more than 60,000 barrels of malt
394 beverages per year is not permitted to make deliveries under s.
395 561.57(1).
396 (f) A craft brewery licensed under this subsection may
397 conduct tastings and sales of malt beverages produced by the
398 brewery at fairs, trade shows, farmers markets, expositions, and
399 festivals in this state. The division shall issue permits to
400 craft breweries for such tastings and sales. A craft brewery
401 must pay all entry fees and must have a brewery representative
402 present during the event. The permit is limited to the duration
403 and physical location of the event.
404 (g)(e) The division is authorized to issue up to eight
405 vendor’s licenses to a manufacturer of malt beverages pursuant
406 to this subsection.
407 (3)(a) Notwithstanding other provisions of the Beverage
408 Law, any vendor licensed in this state may be licensed as a
409 manufacturer of malt beverages upon a finding by the division
410 that:
411 1. The vendor will be engaged in brewing malt beverages at
412 a single location and in an amount which will not exceed 5,000
413 barrels of beer 10,000 kegs per year. For purposes of this
414 section subsection, the term “barrel” “keg” has the same meaning
415 as s. 561.01 means 15.5 gallons.
416 2. The malt beverages so brewed will be sold to consumers
417 for consumption on the vendor’s licensed premises or on
418 contiguous licensed premises owned by the vendor.
419 Section 3. Section 561.37, Florida Statutes, is amended to
420 read:
421 561.37 Bond for payment of taxes.— Each manufacturer and
422 each distributor shall file with the division a surety bond
423 acceptable to the division in the sum of $25,000 as surety for
424 the payment of all taxes, provided, however, that when in the
425 discretion of the division the amount of business done by the
426 manufacturer or distributor is of such volume that a bond of
427 less than $25,000 will be adequate to secure the payment of all
428 taxes assessed or authorized by the Beverage Law, the division
429 may accept a bond in a lesser sum than $25,000, but in no event
430 shall it accept a bond of less than $10,000, and it may at any
431 time in its discretion require any bond in an amount less than
432 $25,000 to be increased so as not to exceed $25,000; provided,
433 however, that the amount of bond required for a brewer shall be
434 $20,000, except that where, in the discretion of the division,
435 the amount of business done by the brewer is of such volume that
436 a bond of less than $20,000 will be adequate to secure the
437 payment of all taxes assessed or authorized by the Beverage Law,
438 the division may accept a bond in a lesser sum than $20,000, but
439 in no event shall it accept a bond of less than $10,000, and it
440 may at any time in its discretion require any bond in an amount
441 less than $20,000 to be increased so as not to exceed $20,000;
442 provided further that the amount of the bond required for a wine
443 or wine and cordial manufacturer shall be $5,000, except that,
444 in the case of a manufacturer engaged solely in the experimental
445 manufacture of wines and cordials from Florida products, where
446 in the discretion of the division the amount of business done by
447 such manufacturer is of such volume that a bond of less than
448 $5,000 will be adequate to secure the payment of all taxes
449 assessed or authorized by the Beverage Law, the division may
450 accept a bond in a lesser sum than $5,000, but in no event shall
451 it accept a bond of less than $1,000 and it may at any time in
452 its discretion require a bond in an amount less than $5,000 to
453 be increased so as not to exceed $5,000; provided, further, that
454 the amount of bond required for a distributor who sells only
455 beverages containing not more than 4.007 percent of alcohol by
456 volume, in counties where the sale of intoxicating liquors,
457 wines, and beers is prohibited, and to distributors who sell
458 only beverages containing not more than 17.259 percent of
459 alcohol by volume and wines regardless of alcoholic content, in
460 counties where the sale of intoxicating liquors, wines, and
461 beers is permitted, shall file with the division a surety bond
462 acceptable to the division in the sum of $25,000, as surety for
463 the payment of all taxes; provided, however, that where in the
464 discretion of the division the amount of business done by such
465 distributor is of such volume that a bond of less than $25,000
466 will be adequate to secure the payment of all taxes assessed or
467 authorized by the Beverage Law the division may accept a bond in
468 a less sum than $25,000 but in no event shall it accept a bond
469 less than $1,000 and it may at any time in its discretion
470 require any bond in an amount less than $25,000 to be increased
471 so as not to exceed $25,000; provided, further, that the amount
472 of bond required for a distributor in a county having a
473 population of 15,000 or less who procures a license by which his
474 or her sales are restricted to distributors and vendors who have
475 obtained licenses in the same county, shall be $5,000.
476 Section 4. Subsection (3) is added to section 561.5101,
477 Florida Statutes, and subsection (1) of that section is
478 reenacted, to read:
479 561.5101 Come-to-rest requirement; exceptions; penalties.—
480 (1) For purposes of inspection and tax-revenue control, all
481 malt beverages, except those manufactured and sold by the same
482 licensee, pursuant to s. 561.221(2) or (3), must come to rest at
483 the licensed premises of an alcoholic beverage wholesaler in
484 this state before being sold to a vendor by the wholesaler. The
485 prohibition contained in this subsection does not apply to the
486 shipment of malt beverages commonly known as private labels. The
487 prohibition contained in this subsection shall not prevent a
488 manufacturer from shipping malt beverages for storage at a
489 bonded warehouse facility, provided that such malt beverages are
490 distributed as provided in this subsection or to an out-of-state
491 entity.
492 (3) This section does not apply to a craft brewery
493 delivering malt beverages as provided in s. 561.221(2)(d).
494 Section 5. Subsections (1) and (2) of section 561.57,
495 Florida Statutes, are amended to read:
496 561.57 Deliveries by licensees.—
497 (1) Vendors shall be permitted to make deliveries away from
498 their places of business of sales actually made at the licensed
499 place of business; provided, telephone, electronic, or mail
500 orders received at a vendor’s licensed place of business shall
501 be construed as a sale actually made at the vendor’s licensed
502 place of business. Deliveries made by a vendor away from his or
503 her place of business may be made in vehicles that are owned or
504 leased by the vendor or in a third-party vehicle pursuant to a
505 contract with a third party with whom the vendor has contracted
506 to make deliveries, including, but not limited to, common
507 carriers. By acceptance of an alcoholic beverage license, the
508 vendor agrees that vehicles that are owned or leased by the
509 vendor shall always be subject to inspection and search without
510 a search warrant for the purpose of ascertaining that all
511 provisions of the alcoholic beverage laws are complied with by
512 authorized employees of the division and also by sheriffs,
513 deputy sheriffs, and police officers during business hours or
514 other times the vehicle is being used to transport or deliver
515 alcoholic beverages. A manufacturer possessing a vendor’s
516 license as described in 561.221(2)(e) under s. 561.221(2) is not
517 permitted to make deliveries under this subsection.
518 (2) Deliveries made by a manufacturer or distributor away
519 from his or her place of business may be made only in vehicles
520 that are owned or leased by the licensee. However, a craft
521 brewery delivering malt beverages as authorized by s.
522 561.221(2)(d) may transport malt beverages if the vehicle used
523 to transport the alcoholic beverages is owned or leased by the
524 manufacturer or any person the manufacturer has disclosed in
525 writing to the division. By acceptance of an alcoholic beverage
526 license and the use of such vehicles, the licensee agrees that
527 such vehicle shall always be subject to be inspected and
528 searched without a search warrant, for the purpose of
529 ascertaining that all provisions of the alcoholic beverage laws
530 are complied with, by authorized employees of the division and
531 also by sheriffs, deputy sheriffs, and police officers during
532 business hours or other times the vehicle is being used to
533 transport or deliver alcoholic beverages.
534 Section 6. Subsection (2) of section 563.02, Florida
535 Statutes, is amended to read:
536 563.02 License fees; vendors; manufacturers and
537 distributors.—
538 (2) Each manufacturer engaged in the business of brewing
539 only malt beverages shall pay an annual state license tax of
540 $3,000 for each plant or branch he or she may operate. However,
541 each manufacturer engaged in the business of brewing fewer less
542 than 60,000 barrels 10,000 kegs of malt beverages annually
543 pursuant to s. 561.221(2) or for consumption on the premises
544 pursuant to s. 561.221(3) shall pay an annual state license tax
545 of $500 for each plant or branch.
546 Section 7. Paragraph (h) of subsection (2) of section
547 563.022, Florida Statutes, is amended, and paragraph (b) of
548 subsection (14) of that section is reenacted, to read:
549 563.022 Relations between beer distributors and
550 manufacturers.—
551 (2) DEFINITIONS.—In construing this section, unless the
552 context otherwise requires, the word, phrase, or term:
553 (h) “Manufacturer” means any person who manufactures or
554 imports beer for distribution to distributors licensed in this
555 state Florida. The term does not include a craft brewery, any
556 new distribution agreement, or the renewal of an existing
557 distribution agreement between a distributor of malt beverages
558 and a craft brewery.
559 (14) MANUFACTURER; PROHIBITED INTERESTS.—
560 (b) Except as provided in paragraph (c), no entity or
561 person specified in paragraph (a) may have an interest in the
562 license, business, assets, or corporate stock of a licensed
563 distributor nor shall such entity sell directly to any vendor in
564 this state other than to vendors who are licensed pursuant to s.
565 561.221(2).
566 Section 8. Section 563.023, Florida Statutes, is created to
567 read:
568 563.023 Relations between beer distributors and craft
569 breweries.—
570 (1) CRAFT BREWERY DISTRIBUTION AGREEMENTS.—
571 (a) This section applies to any distribution agreement or
572 the renewal of an existing distribution agreement between a beer
573 distributor and a craft brewery after July 1, 2025. Any existing
574 distribution agreement between a beer distributor and a craft
575 brewery is deemed to renew upon the earlier of July 1, 2026, or
576 the renewal date set forth in such agreement.
577 (b) A distribution agreement between a beer distributor and
578 a craft brewery which provides the rights and duties of the
579 distributor and the brewery with regard to the sale of the craft
580 brewery’s products within this state must be in writing. The
581 terms of the agreement must comply this subsection.
582 (2) TRANSFER OF PRODUCTS.—Nothing in the Beverage Law shall
583 be construed to prohibit a craft brewery from shipping products
584 to or between its breweries or between its breweries and the
585 licensed premises of a vendor as provided in s. 561.221(2), or
586 shipping any products that it owns, without a distributor’s
587 license.
588 (3) REQUIREMENTS.—A distribution agreement between a
589 distributor and a craft brewery may not:
590 (a) Require the distributor or craft brewery to agree to
591 renew the distribution agreement at the expiration of the term
592 of the agreement.
593 (b) Except as set forth in subsection (4) or subsection
594 (8), authorize a distributor or craft brewery to terminate a
595 distribution agreement without first giving written notice of
596 any alleged deficiency and giving the other party 60 days to
597 cure the alleged deficiency.
598 (c) Authorize the assignment of the distribution agreement,
599 in part or in whole, without first obtaining the consent of the
600 other party. Such assignment may not be unreasonably withheld
601 provided the assignee possesses the financial, technical, and
602 operational skills necessary to perform under the distribution
603 agreement.
604 (d) Authorize the craft brewery or distributor to
605 unilaterally amend a distribution agreement, or any document
606 referred to or incorporated by reference in the distribution
607 agreement.
608 (e) Require a craft brewery or distributor to mediate or
609 arbitrate disputes that may arise between them. However, nothing
610 in this paragraph may prohibit the parties from resolving
611 disputes by mediation.
612 (4) TERMINATION BY A CRAFT BREWERY.—A craft brewery may
613 terminate a distribution agreement according to the terms of the
614 agreement or in any of the following instances:
615 (a) The assignment or attempted assignment by the
616 distributor for the benefit of creditors; the institution of
617 proceedings in bankruptcy by or against the distributor; the
618 dissolution or liquidation of the distributor; the insolvency of
619 the distributor; or the distributor’s failure to pay for malt
620 beverages in accordance with this section.
621 (b) The felony conviction of a distributor or any of its
622 owners who participate in the distributor’s management which, in
623 the judgment of the craft brewery, may adversely affect the
624 goodwill or interests of the craft brewery.
625 (c) Fraudulent or discriminatory conduct of the distributor
626 in any of its dealings with the craft brewery or the craft
627 brewery’s products.
628 (d) Revocation or suspension for more than 31 days of the
629 distributor’s federal basic permit or any state or local license
630 required of the distributor for the normal operation of its
631 business.
632 (e) Sale of malt beverages by a distributor outside its
633 sales territory prescribed by the distribution agreement in
634 accordance with s. 563.021.
635 (f) The craft brewery effectuates a change in ownership or
636 possession of ownership interests, enters into a buy-sell
637 agreement, or grants an option to purchase an ownership interest
638 without the distributor’s consent; this paragraph does not apply
639 to the transfer, creation, sale, gift, or grant of an ownership
640 interest, or option thereon, of a total aggregate of less than
641 10 percent of the total existing ownership or possession of
642 ownership interest of the distributor or intrafamily transfer.
643 (g) In the case of a craft brewery whose products represent
644 5 percent or less of a distributor’s gross annual sales, the
645 giving of a 45-day notice of termination and the payment to the
646 distributor of reasonable compensation equivalent to the fair
647 market value of the distributor’s total investment in products
648 being terminated. For purposes of this paragraph, fair market
649 value is calculated based on a multiple of the distributor’s
650 gross profits from the sale of the craft brewery’s products in
651 the 12 months immediately preceding the date of the craft
652 brewery’s written notice of intent to terminate. The fair market
653 valuation must be based on an arm’s length transaction entered
654 into without duress or threat of termination and must include
655 all elements of value, including goodwill and going-concern
656 value. If the parties are unable to agree on the fair market
657 valuation, the dispute must be resolved as provided in this
658 section. A craft brewery terminating an agreement under this
659 paragraph may not do so more than once in a 36-month period and
660 may not be deemed to be in violation of paragraph (5)(b).
661 (h) Nothing in this subsection may be construed to prohibit
662 a craft brewery and distributor from terminating their contract
663 by mutual consent.
664 (5) PROHIBITED ACTIONS.—A craft brewery or a distributor of
665 malt beverages may not:
666 (a) Unreasonably discriminate or retaliate against the
667 other party in the application or performance of the terms of a
668 distribution agreement;
669 (b) Require or request payment, convey money or other
670 consideration, or accept any sum of money or other consideration
671 in exchange for the right to distribute the products of the
672 craft brewery in a designated territory, except for:
673 1. A craft brewery’s request to a distributor to pay or
674 contribute any sum of money for or toward the cost of marketing
675 the products of the craft brewery, so long as the money
676 contributed by the distributor is spent by the craft brewery in
677 a manner and at such time as agreed to in writing by the craft
678 brewery and the distributor; and
679 2. Any payment pursuant to paragraph (4)(g).
680 (c) Unreasonably withhold consent to a proposed sale or
681 transfer, in whole or in part, of the stock or assets of the
682 craft brewery or distributor. A craft brewery or distributor may
683 not take more than 30 days to approve or disapprove such
684 proposal; or
685 (d) Fail to give at least 30 days’ advance notice of a
686 change in ownership or possession of an ownership interest,
687 whether by sale, transfer, gift, or grant of an option.
688 (6) SALES TERRITORIES.—
689 (a) A distributor of malt beverages may not:
690 1. Refuse to enter into a distribution agreement with a
691 craft brewery, in whole or in part, except for good cause and in
692 good faith; or
693 2. Continue to distribute the craft brewery’s products 30
694 days after receiving notice of termination of a distribution
695 agreement. However, any sums owed to the distributor by the
696 craft brewery or another distributor assuming the obligation to
697 distribute the craft brewery’s product within the territory
698 encompassed by the terminated distribution agreement shall still
699 be owed.
700 (b) A craft brewery may not enter into a contract with more
701 than one distributor to sell any of its products or brands
702 within the same territory or area at the same time. This
703 paragraph does not apply to contracts entered into before
704 January 1, 2012, or future renewals of those contracts to the
705 extent the existing contract and the future renewal allow
706 different distributors to sell some but not all of the products
707 or brands.
708 (7) TERRITORY REPRESENTATION.—A distributor that enters
709 into or renews a distribution agreement with a craft brewery
710 after July 1, 2025, shall maintain physical facilities and
711 personnel so that:
712 (a) The product and brand of the craft brewery are
713 reasonably represented in the territory of the distributor for
714 which the distribution agreement applies;
715 (b) The reputation and trade name of the craft brewery are
716 reasonably promoted and protected; and
717 (c) The public is fully serviced.
718 (8) TERMINATION BY DISTRIBUTOR.—A distributor may terminate
719 a distribution agreement according to the terms of the agreement
720 or for any of the following reasons:
721 (a) The assignment or attempted assignment by the craft
722 brewery for the benefit of creditors; the institution of
723 proceedings in bankruptcy by or against the craft brewery; the
724 dissolution or liquidation of the craft brewery; or the
725 insolvency of the craft brewery.
726 (b) The felony conviction of a craft brewer or any of its
727 owners who participate in the craft brewery’s management which,
728 in the judgment of the distributor, may adversely affect the
729 goodwill or interests of the distributor.
730 (c) Fraudulent or discriminatory conduct of the craft
731 brewery in any of its dealings with the distributor or the
732 distributor’s brands.
733 (d) Revocation or suspension for more than 31 days of the
734 craft brewery’s federal basic permit or any state or local
735 license required of the craft brewery for the normal operation
736 of its business.
737 (e) The craft brewery effectuates a change in ownership or
738 possession of ownership interests, establishes a trust or other
739 ownership interest, enters into a buy-sell agreement, or grants
740 an option to purchase an ownership interest without the
741 distributor’s consent; provided, however, this right of
742 termination may not apply to the transfer, creation, sale, gift,
743 or grant of an ownership interest, or option thereon, of a total
744 aggregate of less than 10 percent of the total existing
745 ownership or possession of ownership interest of the craft
746 brewery or intrafamily transfer.
747 (f) In the case of a craft brewery whose products represent
748 5 percent or less of a distributor’s gross annual sales, the
749 giving of a 45-day notice of termination and payment to the
750 craft brewery of reasonable compensation, which shall be
751 determined to be a sum equal to 5 times the monthly average of
752 purchases from the craft brewery over the 12 months preceding
753 the termination.
754 (g) This subsection may not be construed to prohibit a
755 craft brewery and distributor from terminating their contract by
756 mutual consent.
757 (9) REPURCHASE OF PRODUCTS.—In the event of the termination
758 of a contract between a craft brewery and a distributor, the
759 craft brewery shall repurchase all of its products still in the
760 distributor’s inventory upon return from the distributor,
761 provided that the “best by,” “expiration,” or other similar
762 printed date is greater than 30 days after the date of the
763 return of the product.
764 (10) ATTORNEY FEES.—Any craft brewery or distributor that
765 violates this section must pay the injured party all reasonable
766 damages sustained as well as any reasonable costs and attorney
767 fees incurred by the craft brewery or distributor.
768 (11) ALTERNATIVE DISPUTE RESOLUTION.—In the event a craft
769 brewery and distributor cannot agree on the fair market value as
770 described in subsection (4), the parties must resolve the
771 dispute in accordance with the following:
772 (a) If the parties fail to reach an agreement within 30
773 days after the distributor receives the craft brewery’s written
774 notice to terminate, the distributor or craft brewery may send a
775 written notice to the other party and the American Arbitration
776 Association, or its equivalent successor, declaring the party’s
777 intention to proceed with final and binding arbitration
778 administered by the association under the association’s
779 Commercial Arbitration Rules. Thereafter, an arbitration
780 proceeding shall be held for the purpose of determining the fair
781 market value of the distributor’s total investment in the craft
782 brewery’s products being terminated. For the purpose of this
783 paragraph, “fair market value” means the value that would be
784 determined in an arm’s length transaction entered into without
785 duress or threat of termination of the existing distributor’s
786 right and must include all elements of value, including goodwill
787 and going-concern value.
788 (b) Notice of intent to arbitrate must be sent, as provided
789 in paragraph (a), within 35 days after the distributor receives
790 written notice to terminate. The arbitration proceeding must be
791 concluded within 45 days after the date the notice of intent to
792 arbitrate is mailed to a party.
793 (c) Any arbitration proceeding held pursuant to this
794 subsection must be conducted in this state.
795 (d) Any arbitration proceeding held pursuant to this
796 subsection must be conducted before one impartial arbitrator.
797 (e) An arbitrator’s award in any arbitration proceeding
798 held pursuant to this subsection shall be monetary only and may
799 not enjoin or compel conduct. Any arbitration held pursuant to
800 this subsection takes precedence over any other remedies and
801 procedures.
802 (f) All costs related to the arbitration proceeding shall
803 be equally divided by the parties engaged in the arbitration.
804 All other costs shall be paid by the party incurring them.
805 (g) The arbitrator shall render a decision within 30 days
806 after the conclusion of the arbitration, unless this time period
807 is extended by mutual agreement of the parties or by the
808 arbitrator. The decision of the arbitrator is final and binding.
809 The parties may not appeal the decision of the arbitrator.
810 (h) A party that fails to participate in the arbitration
811 proceedings pursuant to this subsection waives all rights the
812 party would have had in the arbitration and is considered to
813 have consented to the determination of the arbitrator.
814 (i) This subsection may not be construed to limit or
815 prohibit good-faith settlements voluntarily entered into by the
816 parties.
817 Section 9. Section 563.042, Florida Statutes, is created to
818 read:
819 563.042 Contract brewing and alternating proprietorships.—
820 (1) As used in this section, the term:
821 (a) “Alternating proprietorship brewing” means an agreement
822 between a host brewer and guest brewer wherein the guest brewer
823 manufactures malt beverages on the host brewer’s licensed
824 premises.
825 (b) “Contract brewer” means a licensed manufacturer of malt
826 beverages who brews such beverages on its licensed premises for
827 a contracting brewer.
828 (c) “Contract brewing” means an agreement between a
829 contract brewer and a contracting brewer wherein the contract
830 brewer brews malt beverages on its licensed premises for a
831 contracting brewer.
832 (d) “Contracting brewer” means a licensed manufacturer of
833 malt beverages who contracts for the services of malt beverage
834 brewing with a contract brewer.
835 (e) “Guest brewer” means a licensed manufacturer of malt
836 beverages who brews malt beverages at a host brewer’s licensed
837 premises.
838 (f) “Host brewer” means a licensed manufacturer of malt
839 beverages who allows a guest brewer to brew malt beverages at
840 the host brewer’s licensed premises.
841 (2) Notwithstanding any other provision of the Beverage
842 Law, contract brewers are authorized to transfer malt beverages
843 to contracting brewers in an amount up to the yearly production
844 amount at a contracting brewer’s facility pursuant to a contract
845 brewing agreement entered into in accordance with this section.
846 Such beverages may be transferred to the contracting brewer’s
847 licensed facility as provided in s. 561.221(2)(c).
848 (3) A contract brewer may contract with one or more
849 contracting brewers for the purpose of manufacturing malt
850 beverages for such licensees. The contract brewer is responsible
851 for complying with federal and state law relating to the
852 manufacturing of malt beverages, including labeling laws, and
853 for the payment of all federal and state taxes on any malt
854 beverage manufactured pursuant to this section after removing
855 the malt beverages from the manufacturer’s licensed premises.
856 Title to the malt beverages remains with the contract brewer
857 until the malt beverages are removed from the licensed premises.
858 (4) Each entity engaged in the activities described in this
859 section shall maintain records, including the agreement
860 authorizing the manufacturing and transfer of malt beverages,
861 records of the amount of malt beverages manufactured as part of
862 the agreement, and all other records required by the division to
863 ensure compliance with the Beverage Law.
864 (5) Licensed manufacturers of malt beverages intending to
865 engage in contract brewing must do all of the following:
866 (a) Notify the division of the intent to operate as a
867 contract brewer or contracting brewer before engaging in
868 contract brewing, and disclose the location of licensed premises
869 where brewing will occur, on forms provided by the division.
870 Contracting brewers may only engage in the manufacture of malt
871 beverages at their duly licensed premises and at the disclosed
872 licensed premises of a contract brewer.
873 (b) Make a full and complete report to the division by the
874 10th day of each month. Contract brewers shall report the volume
875 of a label of malt beverages manufactured upon the licensed
876 premises. Contracting brewers shall report the volume of a label
877 of malt beverages manufactured at the licensed premises of the
878 contract brewer.
879 (c) Maintain all records required to be kept by
880 manufacturers of malt beverages under the Beverage Law.
881 (6) Before engaging in alternating proprietorship brewing,
882 an entity seeking to become a host brewer or a guest brewer must
883 qualify as a brewer with the National Revenue Center within the
884 United States Department of the Treasury and submit the
885 following information to the division on a form approved by the
886 division:
887 (a) The name of the host brewer.
888 (b) The name of the guest brewer.
889 (c) The location where the alternating proprietorship
890 brewing will take place.
891 (d) The location where any product brewed pursuant to the
892 alternating proprietorship brewing arrangement will be stored.
893 (e) The amount of malt beverages to be produced under the
894 alternating proprietorship brewing arrangement.
895 (f) The timeframe in which the guest brewer will be
896 manufacturing malt beverages on the host brewer’s licensed
897 premises.
898 (g) Proof of occupancy rights to the host brewer’s licensed
899 premises for the duration of the alternating proprietorship
900 brewing arrangement.
901 (h) Any other information reasonably deemed necessary by
902 the division to ensure the health, safety, and welfare of the
903 people in this state, and to ensure that all applicable taxes on
904 the malt beverages produced pursuant to an alternating
905 proprietorship brewing arrangement are remitted to the state.
906 (7) Each guest brewer’s malt beverages must remain separate
907 and identifiable from the beer of all other tenants at the
908 contract brewer’s licensed premises at all times.
909 (8) Each guest brewer shall make a full and complete report
910 to the division by the 10th day of each month. Guest brewers
911 shall report the volume of each label of malt beverages
912 manufactured upon each licensed premises. Host brewers shall
913 report the volume of each label of malt beverages manufactured
914 at the licensed premises of the host brewer.
915 (9) The guest brewer is responsible for complying with all
916 federal and state law dealing with the manufacturing of malt
917 beverages, including labeling laws, and for the payment of all
918 federal and state taxes on any beer manufactured pursuant to
919 this section upon removal of the beer from the manufacturer’s
920 licensed premises. Title to the malt beverages remains with the
921 guest brewer.
922 (10) Manufacturers or vendors licensed pursuant to s.
923 561.221(3) may not engage in contract brewing or alternating
924 proprietorship brewing.
925 (11) The division may adopt rules and forms pursuant to ss.
926 120.536(1) and 120.54 to implement this section.
927 Section 10. Paragraph (b) of subsection (4) of section
928 212.08, Florida Statutes, is amended to read:
929 212.08 Sales, rental, use, consumption, distribution, and
930 storage tax; specified exemptions.—The sale at retail, the
931 rental, the use, the consumption, the distribution, and the
932 storage to be used or consumed in this state of the following
933 are hereby specifically exempt from the tax imposed by this
934 chapter.
935 (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.—
936 (b) Alcoholic beverages and malt beverages are not exempt.
937 The terms “alcoholic beverages” and “malt beverages” as used in
938 this paragraph have the same meanings ascribed to them in ss.
939 561.01 and 563.01 ss. 561.01(4) and 563.01, respectively. It is
940 determined by the Legislature that the classification of
941 alcoholic beverages made in this paragraph for the purpose of
942 extending the tax imposed by this chapter is reasonable and
943 just, and it is intended that such tax be separate from, and in
944 addition to, any other tax imposed on alcoholic beverages.
945 Section 11. Paragraphs (a), (b), and (f) of subsection (2)
946 of section 561.20, Florida Statutes, are amended to read:
947 561.20 Limitation upon number of licenses issued.—
948 (2)(a) The limitation of the number of licenses as provided
949 in this section does not prohibit the issuance of a special
950 license to:
951 1. Any bona fide hotel, motel, or motor court of not fewer
952 than 80 guest rooms in any county having a population of less
953 than 50,000 residents, and of not fewer than 100 guest rooms in
954 any county having a population of 50,000 residents or greater;
955 or any bona fide hotel or motel located in a historic structure,
956 as defined in s. 561.01 s. 561.01(20), with fewer than 100 guest
957 rooms which derives at least 51 percent of its gross revenue
958 from the rental of hotel or motel rooms, which is licensed as a
959 public lodging establishment by the Division of Hotels and
960 Restaurants; provided, however, that a bona fide hotel or motel
961 with no fewer than 10 and no more than 25 guest rooms which is a
962 historic structure, as defined in s. 561.01 s. 561.01(20), in a
963 municipality that on the effective date of this act has a
964 population, according to the University of Florida’s Bureau of
965 Economic and Business Research Estimates of Population for 1998,
966 of no fewer than 25,000 and no more than 35,000 residents and
967 that is within a constitutionally chartered county may be issued
968 a special license. This special license shall allow the sale and
969 consumption of alcoholic beverages only on the licensed premises
970 of the hotel or motel. In addition, the hotel or motel must
971 derive at least 60 percent of its gross revenue from the rental
972 of hotel or motel rooms and the sale of food and nonalcoholic
973 beverages; provided that this subparagraph shall supersede local
974 laws requiring a greater number of hotel rooms;
975 2. Any condominium accommodation of which no fewer than 100
976 condominium units are wholly rentable to transients and which is
977 licensed under chapter 509, except that the license shall be
978 issued only to the person or corporation that operates the hotel
979 or motel operation and not to the association of condominium
980 owners;
981 3. Any condominium accommodation of which no fewer than 50
982 condominium units are wholly rentable to transients, which is
983 licensed under chapter 509, and which is located in any county
984 having home rule under s. 10 or s. 11, Art. VIII of the State
985 Constitution of 1885, as amended, and incorporated by reference
986 in s. 6(e), Art. VIII of the State Constitution, except that the
987 license shall be issued only to the person or corporation that
988 operates the hotel or motel operation and not to the association
989 of condominium owners;
990 4. A bona fide food service establishment that has a
991 minimum of 2,000 square feet of service area, is equipped to
992 serve meals to 120 persons at one time, has at least 120
993 physical seats available for patrons to use during operating
994 hours, holds itself out as a restaurant, and derives at least 51
995 percent of its gross food and beverage revenue from the sale of
996 food and nonalcoholic beverages during the first 120-day
997 operating period and the first 12-month operating period
998 thereafter. Subsequent audit timeframes must be based upon the
999 audit percentage established by the most recent audit and
1000 conducted on a staggered scale as follows: level 1, 51 percent
1001 to 60 percent, every year; level 2, 61 percent to 75 percent,
1002 every 2 years; level 3, 76 percent to 90 percent, every 3 years;
1003 and level 4, 91 percent to 100 percent, every 4 years. A
1004 licensee under this subparagraph may sell or deliver alcoholic
1005 beverages in a sealed container for off-premises consumption if
1006 the sale or delivery is accompanied by the sale of food within
1007 the same order. Such authorized sale or delivery includes wine
1008 based and liquor-based beverages prepared by the licensee or its
1009 employee and packaged in a container sealed by the licensee or
1010 its employee. This subparagraph may not be construed to
1011 authorize public food service establishments licensed under this
1012 subparagraph to sell a bottle of distilled spirits sealed by a
1013 manufacturer. Any sale or delivery of malt beverages must comply
1014 with the container size, labeling, and filling requirements
1015 imposed under s. 563.06. Any delivery of an alcoholic beverage
1016 under this subparagraph must comply with s. 561.57. An alcoholic
1017 beverage drink prepared by the vendor and sold or delivered for
1018 consumption off the premises must be placed in a container
1019 securely sealed by the licensee or its employees with an
1020 unbroken seal that prevents the beverage from being immediately
1021 consumed before removal from the premises. Such alcoholic
1022 beverage also must be placed in a bag or other container that is
1023 secured in such a manner that it is visibly apparent if the
1024 container has been subsequently opened or tampered with, and a
1025 dated receipt for the alcoholic beverage and food must be
1026 provided by the licensee and attached to the bag or container.
1027 If transported in a motor vehicle, an alcoholic beverage that is
1028 not in a container sealed by the manufacturer must be placed in
1029 a locked compartment, a locked trunk, or the area behind the
1030 last upright seat of a motor vehicle. It is a violation of the
1031 prohibition in s. 562.11 to allow any person under the age of 21
1032 to deliver alcoholic beverages on behalf of a vendor. The vendor
1033 or the agent or employee of the vendor must verify the age of
1034 the person making the delivery of the alcoholic beverage before
1035 allowing any person to take possession of an alcoholic beverage
1036 for the purpose of making a delivery on behalf of a vendor under
1037 this section. A food service establishment granted a special
1038 license on or after January 1, 1958, pursuant to general or
1039 special law may not operate as a package store and may not sell
1040 intoxicating beverages under such license after the hours of
1041 serving or consumption of food have elapsed. Failure by a
1042 licensee to meet the required percentage of food and
1043 nonalcoholic beverage gross revenues during the covered
1044 operating period shall result in revocation of the license or
1045 denial of the pending license application. A licensee whose
1046 license is revoked or an applicant whose pending application is
1047 denied, or any person required to qualify on the special license
1048 application, is ineligible to have any interest in a subsequent
1049 application for such a license for a period of 120 days after
1050 the date of the final denial or revocation;
1051 5. Any caterer, deriving at least 51 percent of its gross
1052 food and beverage revenue from the sale of food and nonalcoholic
1053 beverages at each catered event, licensed by the Division of
1054 Hotels and Restaurants under chapter 509. This subparagraph does
1055 not apply to a culinary education program, as defined in s.
1056 381.0072(2), which is licensed as a public food service
1057 establishment by the Division of Hotels and Restaurants and
1058 provides catering services. Notwithstanding any law to the
1059 contrary, a licensee under this subparagraph shall sell or serve
1060 alcoholic beverages only for consumption on the premises of a
1061 catered event at which the licensee is also providing prepared
1062 food, and shall prominently display its license at any catered
1063 event at which the caterer is selling or serving alcoholic
1064 beverages. A licensee under this subparagraph shall purchase all
1065 alcoholic beverages it sells or serves at a catered event from a
1066 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
1067 under s. 565.02(1) subject to the limitation imposed in
1068 subsection (1), as appropriate. A licensee under this
1069 subparagraph may not store any alcoholic beverages to be sold or
1070 served at a catered event. Any alcoholic beverages purchased by
1071 a licensee under this subparagraph for a catered event that are
1072 not used at that event must remain with the customer; provided
1073 that if the vendor accepts unopened alcoholic beverages, the
1074 licensee may return such alcoholic beverages to the vendor for a
1075 credit or reimbursement. Regardless of the county or counties in
1076 which the licensee operates, a licensee under this subparagraph
1077 shall pay the annual state license tax set forth in s.
1078 565.02(1)(b). A licensee under this subparagraph must maintain
1079 for a period of 3 years all records and receipts for each
1080 catered event, including all contracts, customers’ names, event
1081 locations, event dates, food purchases and sales, alcoholic
1082 beverage purchases and sales, nonalcoholic beverage purchases
1083 and sales, and any other records required by the department by
1084 rule to demonstrate compliance with the requirements of this
1085 subparagraph. Notwithstanding any law to the contrary, any
1086 vendor licensed under s. 565.02(1) subject to the limitation
1087 imposed in subsection (1), may, without any additional licensure
1088 under this subparagraph, serve or sell alcoholic beverages for
1089 consumption on the premises of a catered event at which prepared
1090 food is provided by a caterer licensed under chapter 509. If a
1091 licensee under this subparagraph also possesses any other
1092 license under the Beverage Law, the license issued under this
1093 subparagraph may not authorize the holder to conduct activities
1094 on the premises to which the other license or licenses apply
1095 that would otherwise be prohibited by the terms of that license
1096 or the Beverage Law. This section does not permit the licensee
1097 to conduct activities that are otherwise prohibited by the
1098 Beverage Law or local law. The Division of Alcoholic Beverages
1099 and Tobacco is hereby authorized to adopt rules to administer
1100 the license created in this subparagraph, to include rules
1101 governing licensure, recordkeeping, and enforcement. The first
1102 $300,000 in fees collected by the division each fiscal year
1103 pursuant to this subparagraph shall be deposited in the
1104 Department of Children and Families’ Operations and Maintenance
1105 Trust Fund to be used only for alcohol and drug abuse education,
1106 treatment, and prevention programs. The remainder of the fees
1107 collected shall be deposited into the Hotel and Restaurant Trust
1108 Fund created pursuant to s. 509.072; or
1109 6. A culinary education program as defined in s.
1110 381.0072(2) which is licensed as a public food service
1111 establishment by the Division of Hotels and Restaurants.
1112 a. This special license shall allow the sale and
1113 consumption of alcoholic beverages on the licensed premises of
1114 the culinary education program. The culinary education program
1115 shall specify designated areas in the facility where the
1116 alcoholic beverages may be consumed at the time of application.
1117 Alcoholic beverages sold for consumption on the premises may be
1118 consumed only in areas designated under s. 561.01 s. 561.01(11)
1119 and may not be removed from the designated area. Such license
1120 shall be applicable only in and for designated areas used by the
1121 culinary education program.
1122 b. If the culinary education program provides catering
1123 services, this special license shall also allow the sale and
1124 consumption of alcoholic beverages on the premises of a catered
1125 event at which the licensee is also providing prepared food. A
1126 culinary education program that provides catering services is
1127 not required to derive at least 51 percent of its gross revenue
1128 from the sale of food and nonalcoholic beverages.
1129 Notwithstanding any law to the contrary, a licensee that
1130 provides catering services under this sub-subparagraph shall
1131 prominently display its beverage license at any catered event at
1132 which the caterer is selling or serving alcoholic beverages.
1133 Regardless of the county or counties in which the licensee
1134 operates, a licensee under this sub-subparagraph shall pay the
1135 annual state license tax set forth in s. 565.02(1)(b). A
1136 licensee under this sub-subparagraph must maintain for a period
1137 of 3 years all records required by the department by rule to
1138 demonstrate compliance with the requirements of this sub
1139 subparagraph.
1140 c. If a licensee under this subparagraph also possesses any
1141 other license under the Beverage Law, the license issued under
1142 this subparagraph does not authorize the holder to conduct
1143 activities on the premises to which the other license or
1144 licenses apply that would otherwise be prohibited by the terms
1145 of that license or the Beverage Law. This subparagraph does not
1146 permit the licensee to conduct activities that are otherwise
1147 prohibited by the Beverage Law or local law. Any culinary
1148 education program that holds a license to sell alcoholic
1149 beverages shall comply with the age requirements set forth in
1150 ss. 562.11(4), 562.111(2), and 562.13.
1151 d. The Division of Alcoholic Beverages and Tobacco may
1152 adopt rules to administer the license created in this
1153 subparagraph, to include rules governing licensure,
1154 recordkeeping, and enforcement.
1155 e. A license issued pursuant to this subparagraph does not
1156 permit the licensee to sell alcoholic beverages by the package
1157 for off-premises consumption.
1158
1159 However, any license heretofore issued to any such hotel, motel,
1160 motor court, or restaurant or hereafter issued to any such
1161 hotel, motel, or motor court, including a condominium
1162 accommodation, under the general law may not be moved to a new
1163 location, such license being valid only on the premises of such
1164 hotel, motel, motor court, or restaurant. Licenses issued to
1165 hotels, motels, motor courts, or restaurants under the general
1166 law and held by such hotels, motels, motor courts, or
1167 restaurants on May 24, 1947, shall be counted in the quota
1168 limitation contained in subsection (1). Any license issued for
1169 any hotel, motel, or motor court under this law shall be issued
1170 only to the owner of the hotel, motel, or motor court or, in the
1171 event the hotel, motel, or motor court is leased, to the lessee
1172 of the hotel, motel, or motor court; and the license shall
1173 remain in the name of the owner or lessee so long as the license
1174 is in existence. Any special license now in existence heretofore
1175 issued under this law cannot be renewed except in the name of
1176 the owner of the hotel, motel, motor court, or restaurant or, in
1177 the event the hotel, motel, motor court, or restaurant is
1178 leased, in the name of the lessee of the hotel, motel, motor
1179 court, or restaurant in which the license is located and must
1180 remain in the name of the owner or lessee so long as the license
1181 is in existence. Any license issued under this section shall be
1182 marked “Special,” and nothing herein provided shall limit,
1183 restrict, or prevent the issuance of a special license for any
1184 restaurant or motel which shall hereafter meet the requirements
1185 of the law existing immediately before the effective date of
1186 this act, if construction of such restaurant has commenced
1187 before the effective date of this act and is completed within 30
1188 days thereafter, or if an application is on file for such
1189 special license at the time this act takes effect; and any such
1190 licenses issued under this proviso may be annually renewed as
1191 now provided by law. Nothing herein prevents an application for
1192 transfer of a license to a bona fide purchaser of any hotel,
1193 motel, motor court, or restaurant by the purchaser of such
1194 facility or the transfer of such license pursuant to law.
1195 (b) Any county in which special licenses were issued under
1196 the provisions of s. 561.20(2)(b) in effect prior to the
1197 effective date of this act shall continue to qualify for such
1198 licenses pursuant to those provisions in effect prior to the
1199 effective date of this act, and shall not be affected by the
1200 provisions of paragraph (a), except that in such counties, any
1201 restaurant located in a specialty center built on governmentally
1202 owned land shall be subject to the provisions of paragraph (a).
1203 1. A specialty center means any development having at least
1204 50,000 square feet of leasable area, containing restaurants,
1205 entertainment facilities, and specialty shops, and located
1206 adjacent to a navigable water body. Alcoholic beverages sold for
1207 consumption on the premises by a vendor in a specialty center
1208 may be consumed within the specialty center but may not be
1209 removed from such premises.
1210 2. A specialty center also means any enclosed development
1211 that has at least 170,000 square feet of leasable area that is
1212 under the dominion and physical control of the owner or manager
1213 of the enclosed development, containing restaurants,
1214 entertainment facilities, specialty shops, and a movie theater
1215 with at least 18 operating screens. Alcoholic beverages sold for
1216 consumption on the premises by a vendor in a specialty center
1217 may be consumed only in areas designated pursuant to s.
1218 561.01(11) and may not be removed from the designated area.
1219 (f) In addition to the exceptions set forth in this
1220 subsection, no such limitation of the number of licenses as
1221 herein provided shall prohibit the issuance of special airport
1222 licenses as defined in s. 561.01 s. 561.01(12) to restaurants
1223 that are a part of, or serve, publicly owned or leased airports.
1224 The special airport license provided for herein shall allow for
1225 consumption within designated areas of the airport terminal as
1226 defined in s. 561.01 s. 561.01(13). Any holder of such special
1227 license located at a publicly owned and operated airport may
1228 sell and serve alcoholic beverages for consumption on the
1229 premises to the general public under such license in not more
1230 than four places or locations in control of the holder of such
1231 license. Any license so issued may not be transferred to a new
1232 location, except that a vendor operating a place of business
1233 under a special license may transfer such license when the
1234 publicly owned or leased airport at which the vendor operates a
1235 place of business under a special license moves its terminal
1236 facilities on the same airport premises, or when the airport is
1237 required by law to move its entire operation to a new location.
1238 Any license so issued shall entitle the vendor operating a place
1239 of business under such license to sell to airlines vinous
1240 beverages and distilled spirits in sealed miniature containers
1241 and other alcoholic beverages for consumption on the aircraft
1242 using the facility, but only for consumption by the passengers
1243 of the aircraft when such aircraft is airborne.
1244 Section 12. Subsection (2) of section 561.4205, Florida
1245 Statutes, is amended to read:
1246 561.4205 Keg deposits; limited alternative inventory and
1247 reconciliation process.—
1248 (2) In lieu of receiving a keg deposit, a distributor
1249 selling alcoholic beverages by recyclable keg or other similar
1250 reusable container for the purpose of sale in draft form to a
1251 vendor identified in s. 561.01 s. 561.01(18) or s. 565.02(6) or
1252 (7) shall implement an inventory and reconciliation process with
1253 such vendor in which an accounting of kegs is completed and any
1254 loss or variance in the number of kegs is paid for by the vendor
1255 on a per-keg basis equivalent to the required keg deposit. This
1256 inventory and reconciliation process may occur twice per year,
1257 at the discretion of the distributor, but must occur at least
1258 annually. Upon completion of an agreed upon keg inventory and
1259 reconciliation, the vendor shall remit payment within 15 days
1260 after receiving an invoice from the distributor. The vendor may
1261 choose to establish and fund a separate account with the
1262 distributor for the purpose of expediting timely payments.
1263 Section 13. Subsection (2) of section 562.14, Florida
1264 Statutes, is amended to read:
1265 562.14 Regulating the time for sale of alcoholic and
1266 intoxicating beverages; prohibiting use of licensed premises.—
1267 (2) Except as otherwise provided by county or municipal
1268 ordinance, no vendor issued an alcoholic beverage license to
1269 sell alcoholic beverages for consumption on the vendor’s
1270 licensed premises and whose principal business is the sale of
1271 alcoholic beverages, shall allow the licensed premises, as
1272 defined in s. 561.01 s. 561.01(11), to be rented, leased, or
1273 otherwise used during the hours in which the sale of alcoholic
1274 beverages is prohibited. However, this prohibition shall not
1275 apply to the rental, lease, or other use of the licensed
1276 premises on Sundays after 8 a.m. Further, neither this
1277 subsection, nor any local ordinance adopted pursuant to this
1278 subsection, shall be construed to apply to a theme park complex
1279 as defined in s. 565.02(6) or an entertainment/resort complex as
1280 defined in s. 561.01 s. 561.01(18).
1281 Section 14. Paragraph (a) of subsection (1) of section
1282 768.36, Florida Statutes, is amended to read:
1283 768.36 Alcohol or drug defense.—
1284 (1) As used in this section, the term:
1285 (a) “Alcoholic beverage” means distilled spirits and any
1286 beverage that contains 0.5 percent or more alcohol by volume as
1287 determined in accordance with s. 561.01(2)(b) s. 561.01(4)(b).
1288 Section 15. Paragraph (b) of subsection (1) of section
1289 817.36, Florida Statutes, is amended to read:
1290 817.36 Resale of tickets.—
1291 (1) A person or entity that offers for resale or resells
1292 any ticket may charge only $1 above the admission price charged
1293 therefor by the original ticket seller of the ticket for the
1294 following transactions:
1295 (b) Multiday or multievent tickets to a park or
1296 entertainment complex or to a concert, entertainment event,
1297 permanent exhibition, or recreational activity within such a
1298 park or complex, including an entertainment/resort complex as
1299 defined in s. 561.01 s. 561.01(18).
1300 Section 16. Paragraph (a) of subsection (1) of section
1301 856.015, Florida Statutes, is amended to read:
1302 856.015 Open house parties.—
1303 (1) Definitions.—As used in this section:
1304 (a) “Alcoholic beverage” means distilled spirits and any
1305 beverage containing 0.5 percent or more alcohol by volume. The
1306 percentage of alcohol by volume shall be determined in
1307 accordance with s. 561.01(2)(b) the provisions of s.
1308 561.01(4)(b).
1309 Section 17. Subsection (8) of section 1006.09, Florida
1310 Statutes, is amended to read:
1311 1006.09 Duties of school principal relating to student
1312 discipline and school safety.—
1313 (8) The school principal shall require all school personnel
1314 to report to the principal or principal’s designee any suspected
1315 unlawful use, possession, or sale by a student of any controlled
1316 substance, as defined in s. 893.02; any counterfeit controlled
1317 substance, as defined in s. 831.31; any alcoholic beverage, as
1318 defined in s. 561.01 s. 561.01(4); or model glue. School
1319 personnel are exempt from civil liability when reporting in good
1320 faith to the proper school authority such suspected unlawful
1321 use, possession, or sale by a student. Only a principal or
1322 principal’s designee is authorized to contact a parent or legal
1323 guardian of a student regarding this situation. Reports made and
1324 verified under this subsection shall be forwarded to an
1325 appropriate agency. The principal or principal’s designee shall
1326 timely notify the student’s parent that a verified report made
1327 under this subsection with respect to the student has been made
1328 and forwarded.
1329 Section 18. For the purpose of incorporating the amendment
1330 made by this act to section 561.221, Florida Statutes, in a
1331 reference thereto, paragraph (a) of subsection (7) of section
1332 563.06, Florida Statutes, is reenacted to read:
1333 563.06 Malt beverages; imprint on individual container;
1334 size of containers; exemptions.—
1335 (7) Notwithstanding any other provision of the Beverage
1336 Law, a malt beverage may be packaged in a growler, which is an
1337 individual container that holds 32, 64, or 128 ounces of such
1338 malt beverage if it is filled at the point of sale.
1339 (a) A growler may be filled or refilled by any of the
1340 following:
1341 1. A licensed manufacturer of malt beverages holding a
1342 vendor’s license under s. 561.221(2).
1343 2. A vendor holding a quota license under s. 561.20(1) or
1344 s. 565.02(1)(a) which authorizes the sale of malt beverages.
1345 3. A vendor holding a license under s. 563.02(1)(b)-(f), s.
1346 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license
1347 restricts the sale of malt beverages to sale for consumption
1348 only on the premises of such vendor.
1349 4. A vendor holding a license pursuant to s. 563.02(1)(a)
1350 or s. 564.02(1)(a), having held that license in current, active
1351 status on June 30, 2015, subject to the following requirements:
1352 a. The vendor proves, to the satisfaction of the division,
1353 that the vendor had draft equipment and tapping accessories
1354 installed and had purchased kegs before June 30, 2015.
1355 b. The growlers are filled or refilled by the vendor or the
1356 vendor’s employee aged 18 or older.
1357 c. The taps or mechanisms used to fill or refill the
1358 growlers are not accessible to customers.
1359 d. The growlers meet the labeling and sealing requirements
1360 of paragraph (b).
1361 e. The vendor does not permit consumption on premises,
1362 including tastings or other sampling activities.
1363 Section 19. For the purpose of incorporating the amendment
1364 made by this act to section 561.221, Florida Statutes, in a
1365 reference thereto, section 563.13, Florida Statutes, is
1366 reenacted to read:
1367 563.13 Florida brewery directional signs; fees.—Upon the
1368 request of a brewery licensed under s. 561.221(2) or (3) which
1369 produces a minimum of 2,500 barrels per year on the premises, is
1370 open to the public at least 30 hours per week, and is available
1371 for tours, the Department of Transportation shall install
1372 directional signs for the brewery on the rights-of-way of
1373 interstate highways and primary and secondary roads in
1374 accordance with Florida’s Highway Guide Sign Program as provided
1375 in chapter 14-51, Florida Administrative Code. A brewery
1376 licensed in this state which requests placement of a directional
1377 sign through the department’s permit process shall pay all
1378 associated costs.
1379 Section 20. For the purpose of incorporating the amendment
1380 made by this act to section 561.57, Florida Statutes, in a
1381 reference thereto, section 562.07, Florida Statutes, is
1382 reenacted to read:
1383 562.07 Illegal transportation of beverages.—It is unlawful
1384 for alcoholic beverages to be transported in quantities of more
1385 than 12 bottles except as follows:
1386 (1) By common carriers;
1387 (2) In the owned or leased vehicles of licensed vendors or
1388 any persons authorized in s. 561.57(3) transporting alcoholic
1389 beverage purchases from the distributor’s place of business to
1390 the vendor’s licensed place of business or off-premises storage
1391 for alcoholic beverages purchased and transported as provided
1392 for in the alcoholic beverage law;
1393 (3) By individuals who possess such beverages not for
1394 resale within the state;
1395 (4) By licensed manufacturers, distributors, or vendors
1396 transporting alcoholic beverages pursuant to s. 561.57; and
1397 (5) By a vendor, distributor, pool buying agent, or
1398 salesperson of wine and spirits as outlined in s. 561.57(4).
1399 Section 21. For the purpose of incorporating the amendment
1400 made by this act to section 561.57, Florida Statutes, in a
1401 reference thereto, subsection (1) of section 565.045, Florida
1402 Statutes, is reenacted to read:
1403 565.045 Regulations for consumption on premises; penalty;
1404 exemptions.—
1405 (1) Vendors licensed under s. 565.02(1)(b)-(f):
1406 (a) Shall provide seats for the use of their customers;
1407 (b) May sell or deliver alcoholic beverages by the drink or
1408 in sealed containers for consumption on or off the premises
1409 where sold; and
1410 (c) May sell or deliver alcoholic beverages prepared by the
1411 licensee for off-premises consumption if the alcoholic beverage
1412 is in a container sealed by the licensee. All sales or
1413 deliveries of alcoholic beverages made pursuant to this
1414 paragraph must satisfy the following requirements:
1415 1. The vendor must be licensed as a public food service
1416 establishment under chapter 509;
1417 2. The sale or delivery must be accompanied by the sale of
1418 food within the same order;
1419 3. The charge for the sale of food and nonalcoholic
1420 beverages must be at least 40 percent of the total charge for
1421 the order, excluding the charge for any manufacturer-sealed
1422 containers of alcoholic beverages included in the order; and
1423 4. Sales and deliveries of the alcoholic beverages may not
1424 occur after the vendor ceases preparing food on the licensed
1425 premises for the day or after midnight, whichever is earlier.
1426
1427 The requirement in subparagraph 3. does not apply to vendors
1428 licensed under s. 561.20(2)(a)4.
1429 (d) An alcoholic beverage drink prepared by the vendor and
1430 sold or delivered for consumption off the premises under
1431 paragraph (c) must be placed in a container securely sealed by
1432 the licensee or its employees with an unbroken seal that
1433 prevents the beverage from being immediately consumed before
1434 removal from the premises. Such alcoholic beverage also must be
1435 placed in a bag or other container that is secured in such a
1436 manner that it is visibly apparent if the container has been
1437 subsequently opened or tampered with, and a dated receipt for
1438 the alcoholic beverage and food must be provided by the licensee
1439 and attached to the bag or container. If transported in a motor
1440 vehicle, an alcoholic beverage that is not in a container sealed
1441 by the manufacturer must be placed in a locked compartment, a
1442 locked trunk, or the area behind the last upright seat of a
1443 motor vehicle.
1444 (e) Any delivery of an alcoholic beverage under this
1445 section must comply with s. 561.57. It is a violation of the
1446 prohibition in s. 562.11 to allow any person under the age of 21
1447 to deliver alcoholic beverages on behalf of a vendor. The vendor
1448 or the agent or employee of the vendor must verify the age of
1449 the person making the delivery of the alcoholic beverage before
1450 allowing any person to take possession of an alcoholic beverage
1451 for the purpose of making a delivery on behalf of a vendor under
1452 this section.
1453 Section 22. This act shall take effect July 1, 2025.