| 16 | | - | F.S.; defining the term "barrel"; amending s. 561.221 3 |
|---|
| 17 | | - | and 563.02, F.S.; revising the unit of measurement 4 |
|---|
| 18 | | - | used for certain licensing and fee purposes; creating 5 |
|---|
| 19 | | - | s. 563.042, F.S.; providing definitions; authorizing 6 |
|---|
| 20 | | - | certain manufacturers to enter into contract brewing 7 |
|---|
| 21 | | - | and alternating proprietorship brewing agreements; 8 |
|---|
| 22 | | - | providing responsibilities and requirements o f parties 9 |
|---|
| 23 | | - | under such agreements; prohibiting specified parties 10 |
|---|
| 24 | | - | from participating in such agreements; amending s. 11 |
|---|
| 25 | | - | 563.045, F.S.; providing that the annual registration 12 |
|---|
| 26 | | - | fee is required only if labels or brands are sold to a 13 |
|---|
| 27 | | - | distributor; specifying that no o ther registration fee 14 |
|---|
| 28 | | - | is authorized; providing an effective date. 15 |
|---|
| 29 | | - | 16 |
|---|
| 30 | | - | Be It Enacted by the Legislature of the State of Florida: 17 |
|---|
| 31 | | - | 18 |
|---|
| 32 | | - | Section 1. Subsection (22) is added to section 561.01, 19 |
|---|
| 33 | | - | Florida Statutes, to read: 20 |
|---|
| 34 | | - | 561.01 Definitions. —As used in the Beverage Law: 21 |
|---|
| 35 | | - | (22) "Barrel" means a quantity of 31 gallons. 22 |
|---|
| 36 | | - | Section 2. Paragraph (a) of subsection (3) of section 23 |
|---|
| 37 | | - | 561.221, Florida Statutes, is amended to read: 24 |
|---|
| 38 | | - | 561.221 Licensing of manufacturers and distributors as 25 |
|---|
| 16 | + | F.S.; defining the term "barrel"; amending s. 561.221, 3 |
|---|
| 17 | + | F.S.; revising the unit of measurement used for 4 |
|---|
| 18 | + | certain licensing purposes; authorizing certain 5 |
|---|
| 19 | + | vendors to sell specified malt beverages on any 6 |
|---|
| 20 | + | licensed premises; amending s. 561.37, F.S.; removing 7 |
|---|
| 21 | + | the requirement that certain manufacturers pay a 8 |
|---|
| 22 | + | surety bond for taxes; creating s. 563.042, F.S.; 9 |
|---|
| 23 | + | providing definitions; authorizing certain 10 |
|---|
| 24 | + | manufacturers to enter into contract brewing and 11 |
|---|
| 25 | + | alternating proprietorship brewing agreements; 12 |
|---|
| 26 | + | providing responsibilities and requirements of parties 13 |
|---|
| 27 | + | under such agreements; prohibiting specified parties 14 |
|---|
| 28 | + | from participating in such agreements; authorizing the 15 |
|---|
| 29 | + | Division of Alcoholic Beverages and Tobacco to adopt 16 |
|---|
| 30 | + | rules; amending s. 563.045, F.S.; providing that the 17 |
|---|
| 31 | + | annual registration fee is required only if labels or 18 |
|---|
| 32 | + | brands are sold to a distributor; specifying that no 19 |
|---|
| 33 | + | other registration fee is authorized; amending s. 20 |
|---|
| 34 | + | 563.05, F.S.; revising the unit of measurement used 21 |
|---|
| 35 | + | for calculating excise taxes; amending s. 563.02, 22 |
|---|
| 36 | + | F.S.; revising the unit of measurement used for 23 |
|---|
| 37 | + | certain fee purposes; expanding the types of 24 |
|---|
| 38 | + | manufacturers that qualify to pay a lower license tax; 25 |
|---|
| 51 | | - | vendors and of vendors as manufactu rers; conditions and 26 |
|---|
| 52 | | - | limitations.— 27 |
|---|
| 53 | | - | (3)(a) Notwithstanding other provisions of the Beverage 28 |
|---|
| 54 | | - | Law, any vendor licensed in this state may be licensed as a 29 |
|---|
| 55 | | - | manufacturer of malt beverages upon a finding by the division 30 |
|---|
| 56 | | - | that: 31 |
|---|
| 57 | | - | 1. The vendor will be engaged in brewing malt beverages at 32 |
|---|
| 58 | | - | a single location and in an amount which will not exceed 5,000 33 |
|---|
| 59 | | - | barrels of beer 10,000 kegs per year. For purposes of this 34 |
|---|
| 60 | | - | subsection, the term "keg" means 15.5 gallons. 35 |
|---|
| 61 | | - | 2. The malt beverages so brewed will be sold to consumers 36 |
|---|
| 62 | | - | for consumption on the vendor's licensed premises or on 37 |
|---|
| 63 | | - | contiguous licensed premises owned by the vendor. 38 |
|---|
| 64 | | - | Section 3. Subsection (2) of section 563.02, Florida 39 |
|---|
| 65 | | - | Statutes, is amended to read: 40 |
|---|
| 66 | | - | 563.02 License fees; vendors; manufacturers and 41 |
|---|
| 67 | | - | distributors.— 42 |
|---|
| 68 | | - | (2) Each manufacturer engaged in the business of brewing 43 |
|---|
| 69 | | - | only malt beverages shall pay an annual state license tax of 44 |
|---|
| 70 | | - | $3,000 for each plant or branch he or she may operate. However, 45 |
|---|
| 71 | | - | each manufacturer engaged in the business of brewing less than 46 |
|---|
| 72 | | - | 5,000 barrels 10,000 kegs of malt beverages annually for 47 |
|---|
| 73 | | - | consumption on the premises pursuant to s. 561.221(3) shall pay 48 |
|---|
| 74 | | - | an annual state license tax of $500 for each plant or branch. 49 |
|---|
| 75 | | - | Section 4. Section 563.042, Florida Statutes, is created 50 |
|---|
| 51 | + | providing an effective date. 26 |
|---|
| 52 | + | 27 |
|---|
| 53 | + | Be It Enacted by the Leg islature of the State of Florida: 28 |
|---|
| 54 | + | 29 |
|---|
| 55 | + | Section 1. Subsection (22) is added to section 561.01, 30 |
|---|
| 56 | + | Florida Statutes, to read: 31 |
|---|
| 57 | + | 561.01 Definitions. —As used in the Beverage Law: 32 |
|---|
| 58 | + | (22) "Barrel" means a quantity of 31 gallons. 33 |
|---|
| 59 | + | Section 2. Paragraph (a) of subs ection (3) of section 34 |
|---|
| 60 | + | 561.221, Florida Statutes, is amended to read: 35 |
|---|
| 61 | + | 561.221 Licensing of manufacturers and distributors as 36 |
|---|
| 62 | + | vendors and of vendors as manufacturers; conditions and 37 |
|---|
| 63 | + | limitations.— 38 |
|---|
| 64 | + | (3)(a) Notwithstanding other provisions of the Beverage 39 |
|---|
| 65 | + | Law, any vendor licensed in this state may be licensed as a 40 |
|---|
| 66 | + | manufacturer of malt beverages upon a finding by the division 41 |
|---|
| 67 | + | that: 42 |
|---|
| 68 | + | 1. The vendor will be engaged in brewing malt beverages at 43 |
|---|
| 69 | + | a single location and in an amount which will not exceed 5,000 44 |
|---|
| 70 | + | barrels of beer 10,000 kegs per year. For purposes of this 45 |
|---|
| 71 | + | subsection, the term "keg" means 15.5 gallons. 46 |
|---|
| 72 | + | 2. The malt beverages so brewed will be sold to consumers 47 |
|---|
| 73 | + | for consumption on the any vendor's licensed premises or on 48 |
|---|
| 74 | + | contiguous licensed premises owned by the vendor. 49 |
|---|
| 75 | + | Section 3. Section 561.37, Florida Statutes, is amended to 50 |
|---|
| 88 | | - | to read: 51 |
|---|
| 89 | | - | 563.042 Contract and Alternating Proprietorship Brewing. — 52 |
|---|
| 90 | | - | (1) As used in this section the term: 53 |
|---|
| 91 | | - | (a) "Alternating proprietorship brewing" means an 54 |
|---|
| 92 | | - | agreement between a guest brewer and host brewer wherein the 55 |
|---|
| 93 | | - | guest brewer manufactures malt beverages on the host brewer's 56 |
|---|
| 94 | | - | licensed premises. 57 |
|---|
| 95 | | - | (b) "Contract brewer" means a licensed manufacturer of 58 |
|---|
| 96 | | - | malt beverages who brews malt beverages on its licensed premises 59 |
|---|
| 97 | | - | for a contracting brewer. 60 |
|---|
| 98 | | - | (c) "Contract brewing" means an agreement wherein a 61 |
|---|
| 99 | | - | contracting brewer pays a contract brewer to produce malt 62 |
|---|
| 100 | | - | beverages. 63 |
|---|
| 101 | | - | (d) "Contracting brewer" means a licensed manufacturer of 64 |
|---|
| 102 | | - | malt beverages who contracts for the services of a contract 65 |
|---|
| 103 | | - | brewer. 66 |
|---|
| 104 | | - | (e) "Guest brewer" means a licensed manufacturer of malt 67 |
|---|
| 105 | | - | beverages who brews malt b everages at a host brewer's licensed 68 |
|---|
| 106 | | - | premises. 69 |
|---|
| 107 | | - | (f) "Host brewer" means a licensed manufacturer of malt 70 |
|---|
| 108 | | - | beverages who allows a guest brewer to brew malt beverages on 71 |
|---|
| 109 | | - | the manufacturer's licensed premises. 72 |
|---|
| 110 | | - | (2) The contract brewer: 73 |
|---|
| 111 | | - | (a) May enter into mul tiple contract brewing agreements 74 |
|---|
| 112 | | - | for the purpose of manufacturing malt beverages. 75 |
|---|
| 88 | + | read: 51 |
|---|
| 89 | + | 561.37 Bond for payment of taxes. —Each manufacturer and 52 |
|---|
| 90 | + | each distributor shall file with the division a surety bond 53 |
|---|
| 91 | + | acceptable to the division in the sum of $25,000 as sur ety for 54 |
|---|
| 92 | + | the payment of all taxes, provided, however, that when in the 55 |
|---|
| 93 | + | discretion of the division the amount of business done by the 56 |
|---|
| 94 | + | manufacturer or distributor is of such volume that a bond of 57 |
|---|
| 95 | + | less than $25,000 will be adequate to secure the payment of all 58 |
|---|
| 96 | + | taxes assessed or authorized by the Beverage Law, the division 59 |
|---|
| 97 | + | may accept a bond in a lesser sum than $25,000, but in no event 60 |
|---|
| 98 | + | shall it accept a bond of less than $10,000, and it may at any 61 |
|---|
| 99 | + | time in its discretion require any bond in an amount less than 62 |
|---|
| 100 | + | $25,000 to be increased so as not to exceed $25,000; provided, 63 |
|---|
| 101 | + | however, that the amount of bond required for a brewer shall be 64 |
|---|
| 102 | + | $20,000, except that where, in the discretion of the division, 65 |
|---|
| 103 | + | the amount of business done by the brewer is of such volume that 66 |
|---|
| 104 | + | a bond of less than $20,000 will be adequate to secure the 67 |
|---|
| 105 | + | payment of all taxes assessed or authorized by the Beverage Law, 68 |
|---|
| 106 | + | the division may accept a bond in a lesser sum than $20,000, but 69 |
|---|
| 107 | + | in no event shall it accept a bond of less than $10,000, and it 70 |
|---|
| 108 | + | may at any time in its discretion require any bond in an amount 71 |
|---|
| 109 | + | less than $20,000 to be increased so as not to exceed $20,000; 72 |
|---|
| 110 | + | provided further that the amount of the bond required for a wine 73 |
|---|
| 111 | + | or wine and cordial manufacturer shall be $5,000, except that, 74 |
|---|
| 112 | + | in the case of a manufacturer engaged solely in the experimental 75 |
|---|
| 125 | | - | (b) Shall comply with all applicable federal and state 76 |
|---|
| 126 | | - | laws, including labeling laws. 77 |
|---|
| 127 | | - | (c) Shall pay all federal and state taxes on malt 78 |
|---|
| 128 | | - | beverages manufactured pursuant t o this section upon removal of 79 |
|---|
| 129 | | - | the malt beverages from its licensed premises. 80 |
|---|
| 130 | | - | (d) Retains title to malt beverages produced under a 81 |
|---|
| 131 | | - | contract brewing agreement until such beverages are removed from 82 |
|---|
| 132 | | - | its licensed premises. 83 |
|---|
| 133 | | - | (e) Shall ensure that the contrac ting brewer's malt 84 |
|---|
| 134 | | - | beverages remain separate and identifiable from all other malt 85 |
|---|
| 135 | | - | beverages at all times. 86 |
|---|
| 136 | | - | (f) Notwithstanding any other provision of the Beverage 87 |
|---|
| 137 | | - | Law, may transfer malt beverages to the contracting brewer in an 88 |
|---|
| 138 | | - | amount up to the yearly pro duction amount of the contracting 89 |
|---|
| 139 | | - | brewer's facility. 90 |
|---|
| 140 | | - | (g) Shall report to the division by the 10th day of each 91 |
|---|
| 141 | | - | month the volume of each label of malt beverages manufactured on 92 |
|---|
| 142 | | - | its licensed premises under the contract brewing agreement. 93 |
|---|
| 143 | | - | (3) The contracting brewer: 94 |
|---|
| 144 | | - | (a) May only engage in the manufacture of malt beverages 95 |
|---|
| 145 | | - | on its duly licensed premises and on the licensed premises of a 96 |
|---|
| 146 | | - | contract brewer disclosed under paragraph (4)(a). 97 |
|---|
| 147 | | - | (b) Shall report to the division by the 10th day of each 98 |
|---|
| 148 | | - | month the volume of each label of malt beverages manufactured on 99 |
|---|
| 149 | | - | the licensed premises of the contract brewer under the contract 100 |
|---|
| 125 | + | manufacture of wines and cordials from Florida products, where 76 |
|---|
| 126 | + | in the discretion of the division the amount of business done by 77 |
|---|
| 127 | + | such manufacturer is of such volume that a bond of less than 78 |
|---|
| 128 | + | $5,000 will be adequate to secure the payment of all taxes 79 |
|---|
| 129 | + | assessed or authorized by the Beverage Law, the division may 80 |
|---|
| 130 | + | accept a bond in a lesser sum than $5,000, but in no event shall 81 |
|---|
| 131 | + | it accept a bond of less than $1,000 and it may at any time in 82 |
|---|
| 132 | + | its discretion require a bond in an amount less than $5,000 to 83 |
|---|
| 133 | + | be increased so as not to exceed $5,000; provided, further, that 84 |
|---|
| 134 | + | the amount of bond required for a distributor who sells only 85 |
|---|
| 135 | + | beverages containing not more than 4.007 percent of alcohol by 86 |
|---|
| 136 | + | volume, in counties w here the sale of intoxicating liquors, 87 |
|---|
| 137 | + | wines, and beers is prohibited, and to distributors who sell 88 |
|---|
| 138 | + | only beverages containing not more than 17.259 percent of 89 |
|---|
| 139 | + | alcohol by volume and wines regardless of alcoholic content, in 90 |
|---|
| 140 | + | counties where the sale of intoxic ating liquors, wines, and 91 |
|---|
| 141 | + | beers is permitted, shall file with the division a surety bond 92 |
|---|
| 142 | + | acceptable to the division in the sum of $25,000, as surety for 93 |
|---|
| 143 | + | the payment of all taxes; provided, however, that where in the 94 |
|---|
| 144 | + | discretion of the division the amount of business done by such 95 |
|---|
| 145 | + | distributor is of such volume that a bond of less than $25,000 96 |
|---|
| 146 | + | will be adequate to secure the payment of all taxes assessed or 97 |
|---|
| 147 | + | authorized by the Beverage Law the division may accept a bond in 98 |
|---|
| 148 | + | a less sum than $25,000 but in no event s hall it accept a bond 99 |
|---|
| 149 | + | less than $1,000 and it may at any time in its discretion 100 |
|---|
| 162 | | - | brewing agreement. 101 |
|---|
| 163 | | - | (4) The contract brewer and contracting brewer: 102 |
|---|
| 164 | | - | (a) Must, before engaging in contract brewing, notify the 103 |
|---|
| 165 | | - | division, on forms provided by the division, of their intent to 104 |
|---|
| 166 | | - | operate as a contract brewer or contracting brewer and disclose 105 |
|---|
| 167 | | - | the location of the licensed premises where brewing will occur. 106 |
|---|
| 168 | | - | (b) Shall maintain all records required to be kept by 107 |
|---|
| 169 | | - | manufacturers of malt beverages under the Beverage Law. 108 |
|---|
| 170 | | - | (c) Notwithstanding any other provision of the Beverage 109 |
|---|
| 171 | | - | Law, shall comply with s. 561.221(2)(c). 110 |
|---|
| 172 | | - | (5) The host brewer shall report to the division by the 111 |
|---|
| 173 | | - | 10th day of each month the volume of each label of malt 112 |
|---|
| 174 | | - | beverages manufactured on its licensed premises under the 113 |
|---|
| 175 | | - | alternating proprietorship brewing agreement. 114 |
|---|
| 176 | | - | (6) The guest brewer: 115 |
|---|
| 177 | | - | (a) Shall comply with all applicable federal and state 116 |
|---|
| 178 | | - | laws, including labeling laws. 117 |
|---|
| 179 | | - | (b) Shall pay all federal and state taxes on malt 118 |
|---|
| 180 | | - | beverages manufactured pursuant to this section upon removal of 119 |
|---|
| 181 | | - | the malt beverages from the host brewer's licensed premises. 120 |
|---|
| 182 | | - | (c) Retains title to malt beverages manufactured under an 121 |
|---|
| 183 | | - | alternating proprietorship brewing agreement. 122 |
|---|
| 184 | | - | (d) Shall report to the division by the 10th day of each 123 |
|---|
| 185 | | - | month the volume of each label of malt beverages manufactured at 124 |
|---|
| 186 | | - | each licensed premises under each alternating proprietorship 125 |
|---|
| 162 | + | require any bond in an amount less than $25,000 to be increased 101 |
|---|
| 163 | + | so as not to exceed $25,000; provided, further, that the amount 102 |
|---|
| 164 | + | of bond required for a distributor in a county h aving a 103 |
|---|
| 165 | + | population of 15,000 or less who procures a license by which his 104 |
|---|
| 166 | + | or her sales are restricted to distributors and vendors who have 105 |
|---|
| 167 | + | obtained licenses in the same county, shall be $5,000. 106 |
|---|
| 168 | + | Section 4. Section 563.042, Florida Statutes, is created 107 |
|---|
| 169 | + | to read: 108 |
|---|
| 170 | + | 563.042 Contract and Alternating Proprietorship Brewing. — 109 |
|---|
| 171 | + | (1) As used in this section the term: 110 |
|---|
| 172 | + | (a) "Alternating proprietorship brewing" means an 111 |
|---|
| 173 | + | agreement between a guest brewer and host brewer wherein the 112 |
|---|
| 174 | + | guest brewer manufactures malt beverages on the host brewer's 113 |
|---|
| 175 | + | licensed premises. 114 |
|---|
| 176 | + | (b) "Contract brewer" means a licensed manufacturer of 115 |
|---|
| 177 | + | malt beverages who brews malt beverages on its licensed premises 116 |
|---|
| 178 | + | for a contracting brewer. 117 |
|---|
| 179 | + | (c) "Contract brewing" means an agreement wherein a 118 |
|---|
| 180 | + | contracting brewer pays a contract brewer to produce malt 119 |
|---|
| 181 | + | beverages. 120 |
|---|
| 182 | + | (d) "Contracting brewer" means a licensed manufacturer of 121 |
|---|
| 183 | + | malt beverages who contracts for the services of a contract 122 |
|---|
| 184 | + | brewer. 123 |
|---|
| 185 | + | (e) "Guest brewer" means a licensed manufacturer of malt 124 |
|---|
| 186 | + | beverages who brews malt beverages at a host brewer's licensed 125 |
|---|
| 199 | | - | brewing agreement. 126 |
|---|
| 200 | | - | (7) Before engaging in alternating proprietorship brewing, 127 |
|---|
| 201 | | - | the host brewer and guest brewer: 128 |
|---|
| 202 | | - | (a) Must each qualify as a brewer with the Alcohol and 129 |
|---|
| 203 | | - | Tobacco Tax and Trade Bureau under the U.S. Department of the 130 |
|---|
| 204 | | - | Treasury. 131 |
|---|
| 205 | | - | (b) Shall submit to the division, on forms provided by the 132 |
|---|
| 206 | | - | division, information identifying: 133 |
|---|
| 207 | | - | 1. The host brewer. 134 |
|---|
| 208 | | - | 2. The guest brewer. 135 |
|---|
| 209 | | - | 3. The location where the alternating proprietorship 136 |
|---|
| 210 | | - | brewing will take place. 137 |
|---|
| 211 | | - | 4. The location where any product brewed pursuant to the 138 |
|---|
| 212 | | - | alternating proprietorship brewing agreement will be stored. 139 |
|---|
| 213 | | - | 5. The amount of malt beverages to be produced under the 140 |
|---|
| 214 | | - | alternating proprietorship brewing agreement. 141 |
|---|
| 215 | | - | 6. The timeframe in which the guest brewer will be 142 |
|---|
| 216 | | - | manufacturing malt beverages on the host brewer's licensed 143 |
|---|
| 217 | | - | premises. 144 |
|---|
| 218 | | - | 7. Proof of occupancy rights to the host br ewer's licensed 145 |
|---|
| 219 | | - | premises for the duration of the alternating proprietorship 146 |
|---|
| 220 | | - | brewing agreement. 147 |
|---|
| 221 | | - | 8. Any other information reasonably deemed necessary by 148 |
|---|
| 222 | | - | the division to ensure the health, safety, and welfare of the 149 |
|---|
| 223 | | - | public or to ensure that all applicable t axes on the malt 150 |
|---|
| 199 | + | premises. 126 |
|---|
| 200 | + | (f) "Host brewer" means a licensed manufacturer of malt 127 |
|---|
| 201 | + | beverages who allows a guest brewer to brew malt beverages on 128 |
|---|
| 202 | + | the manufacturer's licensed premises. 129 |
|---|
| 203 | + | (2) The contract brewer: 130 |
|---|
| 204 | + | (a) May enter into multiple contract brewing agreements 131 |
|---|
| 205 | + | for the purpose of manufacturing malt beverages. 132 |
|---|
| 206 | + | (b) Shall comply with all applicable federal and state 133 |
|---|
| 207 | + | laws, including labeling laws. 134 |
|---|
| 208 | + | (c) Shall pay all federal and state taxes on malt 135 |
|---|
| 209 | + | beverages manufactured pursuant to this section upon removal of 136 |
|---|
| 210 | + | the malt beverages from its licensed premises. 137 |
|---|
| 211 | + | (d) Retains title to malt beverages produced under a 138 |
|---|
| 212 | + | contract brewing agreement until such beverages are removed from 139 |
|---|
| 213 | + | its licensed premises. 140 |
|---|
| 214 | + | (e) Shall ensure that the contracting brewer's malt 141 |
|---|
| 215 | + | beverages remain separate and identifiable from all other malt 142 |
|---|
| 216 | + | beverages at all times. 143 |
|---|
| 217 | + | (f) Notwithstanding any other provision of the Beverage 144 |
|---|
| 218 | + | Law, may transfer malt beverages to the contracting brewer in an 145 |
|---|
| 219 | + | amount up to the yearly production amount of the contracting 146 |
|---|
| 220 | + | brewer's facility. 147 |
|---|
| 221 | + | (g) Shall report to the division by the 10th day of each 148 |
|---|
| 222 | + | month the volume of each label of malt beverages manufactured on 149 |
|---|
| 223 | + | its licensed premises under the contract brewing agreemen t. 150 |
|---|
| 236 | | - | beverages produced pursuant to an alternating proprietorship 151 |
|---|
| 237 | | - | brewing agreement are remitted to the state. 152 |
|---|
| 238 | | - | (8) Each entity engaged in the activities described in 153 |
|---|
| 239 | | - | this section shall maintain records including: 154 |
|---|
| 240 | | - | (a) Any agreement authorizi ng the manufacturing and 155 |
|---|
| 241 | | - | transfer of malt beverages. 156 |
|---|
| 242 | | - | (b) Records of the total volume, in gallons, manufactured 157 |
|---|
| 243 | | - | as part of the agreement. 158 |
|---|
| 244 | | - | (c) Any other records required by the Division to ensure 159 |
|---|
| 245 | | - | compliance with the provisions of the Beverage Law. 160 |
|---|
| 246 | | - | (9) Manufacturers or vendors licensed pursuant to the s. 161 |
|---|
| 247 | | - | 561.221(3)(a) may not engage in contract brewing or alternating 162 |
|---|
| 248 | | - | proprietorship brewing. 163 |
|---|
| 249 | | - | Section 5. Subsection (2) of section 563.045, Florida 164 |
|---|
| 250 | | - | Statutes, is amended to read: 165 |
|---|
| 251 | | - | 563.045 Brands or labels to be registered; qualification 166 |
|---|
| 252 | | - | to do business; fee; revocation. — 167 |
|---|
| 253 | | - | (2) The each registrant shall pay an annual registration 168 |
|---|
| 254 | | - | fee for a brand or label sold to a distributor is of $30 for a 169 |
|---|
| 255 | | - | brand or label. No other annual registration fee for a brand or 170 |
|---|
| 256 | | - | label is authorized under this section . Any registration may be 171 |
|---|
| 257 | | - | suspended or revoked in the same manner as a beverage license 172 |
|---|
| 258 | | - | for any violation of the Beverage Law. 173 |
|---|
| 259 | | - | Section 6. This act shall take effect July 1, 2022. 174 |
|---|
| 236 | + | (3) The contracting brewer: 151 |
|---|
| 237 | + | (a) May only engage in the manufacture of malt beverages 152 |
|---|
| 238 | + | on its duly licensed premises and on the licensed premises of a 153 |
|---|
| 239 | + | contract brewer disclosed under paragraph (4)(a). 154 |
|---|
| 240 | + | (b) Shall report to the division by the 10th day of each 155 |
|---|
| 241 | + | month the volume of each label of malt beverages manufactured on 156 |
|---|
| 242 | + | the licensed premises of the contract brewer under the contract 157 |
|---|
| 243 | + | brewing agreement. 158 |
|---|
| 244 | + | (4) The contract brewer and contracting brewer: 159 |
|---|
| 245 | + | (a) Must, before engaging in contract brewing, notify the 160 |
|---|
| 246 | + | division, on forms provided by the division, of their intent to 161 |
|---|
| 247 | + | operate as a contract brewer or contracting brewer and disclose 162 |
|---|
| 248 | + | the location of the licensed premises where brewing will occur. 163 |
|---|
| 249 | + | (b) Shall maintain all records required to be kept by 164 |
|---|
| 250 | + | manufacturers of malt beverages under the Beverage Law. 165 |
|---|
| 251 | + | (c) Notwithstanding any other provision of the Beverage 166 |
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| 252 | + | Law, shall comply with s. 561.221(2)(c). 167 |
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| 253 | + | (5) The host brewer shall report to the division by the 168 |
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| 254 | + | 10th day of each month the volume of eac h label of malt 169 |
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| 255 | + | beverages manufactured on its licensed premises under the 170 |
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| 256 | + | alternating proprietorship brewing agreement. 171 |
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| 257 | + | (6) The guest brewer: 172 |
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| 258 | + | (a) Shall comply with all applicable federal and state 173 |
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| 259 | + | laws, including labeling laws. 174 |
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| 260 | + | (b) Shall pay all federal and state taxes on malt 175 |
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| 261 | + | |
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| 262 | + | HB 1451 2022 |
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| 263 | + | |
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| 264 | + | |
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| 265 | + | |
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| 266 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | + | hb1451-00 |
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| 268 | + | Page 8 of 11 |
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| 269 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 270 | + | |
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| 271 | + | |
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| 272 | + | |
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| 273 | + | beverages manufactured pursuant to this section upon removal of 176 |
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| 274 | + | the malt beverages from the host brewer's licensed premises. 177 |
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| 275 | + | (c) Retains title to malt beverages manufactured under an 178 |
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| 276 | + | alternating propriet orship brewing agreement. 179 |
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| 277 | + | (d) Shall report to the division by the 10th day of each 180 |
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| 278 | + | month the volume of each label of malt beverages manufactured at 181 |
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| 279 | + | each licensed premises under each alternating proprietorship 182 |
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| 280 | + | brewing agreement. 183 |
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| 281 | + | (7) Before engaging in a lternating proprietorship brewing, 184 |
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| 282 | + | the host brewer and guest brewer: 185 |
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| 283 | + | (a) Must each qualify as a brewer with the Alcohol and 186 |
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| 284 | + | Tobacco Tax and Trade Bureau under the U.S. Department of the 187 |
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| 285 | + | Treasury. 188 |
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| 286 | + | (b) Shall submit to the division, on forms provided by the 189 |
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| 287 | + | division, information identifying: 190 |
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| 288 | + | 1. The host brewer. 191 |
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| 289 | + | 2. The guest brewer. 192 |
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| 290 | + | 3. The location where the alternating proprietorship 193 |
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| 291 | + | brewing will take place. 194 |
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| 292 | + | 4. The location where any product brewed pursuant to the 195 |
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| 293 | + | alternating proprietorship brewin g agreement will be stored. 196 |
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| 294 | + | 5. The amount of malt beverages to be produced under the 197 |
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| 295 | + | alternating proprietorship brewing agreement. 198 |
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| 296 | + | 6. The timeframe in which the guest brewer will be 199 |
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| 297 | + | manufacturing malt beverages on the host brewer's licensed 200 |
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| 298 | + | |
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| 299 | + | HB 1451 2022 |
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| 300 | + | |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 305 | + | Page 9 of 11 |
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| 306 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 307 | + | |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | premises. 201 |
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| 311 | + | 7. Proof of occupancy rights to the host brewer's licensed 202 |
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| 312 | + | premises for the duration of the alternating proprietorship 203 |
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| 313 | + | brewing agreement. 204 |
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| 314 | + | 8. Any other information reasonably deemed necessary by 205 |
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| 315 | + | the division to ensure the health, safety, and welfare of t he 206 |
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| 316 | + | public or to ensure that all applicable taxes on the malt 207 |
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| 317 | + | beverages produced pursuant to an alternating proprietorship 208 |
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| 318 | + | brewing agreement are remitted to the state. 209 |
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| 319 | + | (8) Each entity engaged in the activities described in 210 |
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| 320 | + | this section shall maintain reco rds including: 211 |
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| 321 | + | (a) Any agreement authorizing the manufacturing and 212 |
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| 322 | + | transfer of malt beverages. 213 |
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| 323 | + | (b) Records of the total volume, in gallons, manufactured 214 |
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| 324 | + | as part of the agreement. 215 |
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| 325 | + | (c) Any other records required by the Division to ensure 216 |
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| 326 | + | compliance with the provisions of the Beverage Law. 217 |
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| 327 | + | (9) Manufacturers or vendors licensed pursuant to the s. 218 |
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| 328 | + | 561.221(3)(a) may not engage in contract brewing or alternating 219 |
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| 329 | + | proprietorship brewing. 220 |
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| 330 | + | Section 5. Subsection (2) of section 563.045, Florida 221 |
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| 331 | + | Statutes, is amended to read: 222 |
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| 332 | + | 563.045 Brands or labels to be registered; qualification 223 |
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| 333 | + | to do business; fee; revocation. — 224 |
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| 334 | + | (2) The each registrant shall pay an annual registration 225 |
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| 335 | + | |
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| 336 | + | HB 1451 2022 |
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| 337 | + | |
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| 338 | + | |
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| 339 | + | |
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| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 343 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | fee for a brand or label sold to a distributor is of $30 for a 226 |
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| 348 | + | brand or label. No other annual registration fee for a brand or 227 |
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| 349 | + | label is authorized under this section . Any registration may be 228 |
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| 350 | + | suspended or revoked in the same manner as a beverage license 229 |
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| 351 | + | for any violation of the Beverage Law. 230 |
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| 352 | + | Section 6. Section 563.05, Florida Statutes, is amended to 231 |
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| 353 | + | read: 232 |
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| 354 | + | 563.05 Excise taxes on malt beverages. —As to malt 233 |
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| 355 | + | beverages containing 0.5 percent or more of alcohol by volume, 234 |
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| 356 | + | there shall be paid by all manufacturers, distributors, and 235 |
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| 357 | + | vendors, as herein defined, a tax of 48 cents per gallon upon 236 |
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| 358 | + | all such beverages in bulk or in kegs or barrels; and, when such 237 |
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| 359 | + | beverages are sold in containers of less than 1 gallon, the tax 238 |
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| 360 | + | will be 0.375 cents per ounce 6 cents on each pint or fraction 239 |
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| 361 | + | thereof in the container. However, the excise taxes required to 240 |
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| 362 | + | be paid by this section upon malt beverages are not required to 241 |
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| 363 | + | be paid upon such beverages when they are sold to post 242 |
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| 364 | + | exchanges, ship service stores, and base exchanges located in 243 |
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| 365 | + | military, naval, or air force reservations within this state. 244 |
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| 366 | + | (10) The division may adopt rules to implement this 245 |
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| 367 | + | section. 246 |
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| 368 | + | Section 7. Subsection (2) of section 563.02, Florida 247 |
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| 369 | + | Statutes, is amended to read: 248 |
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| 370 | + | 563.02 License fees; vendors; manufacturers and 249 |
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| 371 | + | distributors.— 250 |
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| 372 | + | |
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| 373 | + | HB 1451 2022 |
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| 374 | + | |
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| 375 | + | |
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| 376 | + | |
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| 377 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 378 | + | hb1451-00 |
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| 379 | + | Page 11 of 11 |
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| 380 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | (2) Each manufacturer engaged in the business of brew ing 251 |
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| 385 | + | only malt beverages shall pay an annual state license tax of 252 |
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| 386 | + | $3,000 for each plant or branch he or she may operate. However, 253 |
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| 387 | + | each manufacturer engaged in the business of brewing less than 254 |
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| 388 | + | 5,000 barrels 10,000 kegs of malt beverages annually for sale 255 |
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| 389 | + | pursuant to s. 561.221(2) or consumption on the premises 256 |
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| 390 | + | pursuant to s. 561.221(3) shall pay an annual state license tax 257 |
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| 391 | + | of $500 for each plant or branch. 258 |
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| 392 | + | Section 8. This act shall take effect July 1, 2022. 259 |
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