HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 1 of 6
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
A bill to be entitled 1
An act relating to tied house evil; repealing s. 2
561.42, F.S., relating to tied house evil; amending 3
ss. 561.221, 561.32, 561.423, 561.424, 564.07, 564.08, 4
565.16, and 565.17, F.S.; conforming provisions to 5
changes made by the act; providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Section 561.42, Florida Statutes, is repealed. 10
Section 2. Paragraph (a) of subsection (1) and paragraph 11
(a) of subsection (2) of section 561.221, Florida Statutes, are 12
amended to read: 13
561.221 Licensing of manufacturers and distributors as 14
vendors and of vendors as manufacturers; conditions and 15
limitations.— 16
(1)(a) Nothing contained in s. 561.22 , s. 561.42, or any 17
other provision of the Beverage Law prohibits the ownership, 18
management, operation, or control of not more than three 19
vendor's licenses for the sale of alcoholic beverages by a 20
manufacturer of wine who is lice nsed and engaged in the 21
manufacture of wine in this state, even if such manufacturer is 22
also licensed as a distributor; provided that no such vendor's 23
license shall be owned, managed, operated, or controlled by any 24
licensed manufacturer of wine unless the licensed premises of 25
HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 2 of 6
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
the vendor are situated on property contiguous to the 26
manufacturing premises of the licensed manufacturer of wine. 27
(2)(a) Notwithstanding s. 561.22 , s. 561.42, or any other 28
provision of the Beverage Law, the division is authorized to 29
issue vendor's licenses to a manufacturer of malt beverages, 30
even if such manufacturer is also licensed as a distributor, for 31
the sale of alcoholic beverages on property consisting of a 32
single complex, which property shall include a brewery. However, 33
such property may be divided by no more than one public street 34
or highway. 35
Section 3. Paragraph (a) of subsection (2) of section 36
561.32, Florida Statutes, is amended to read: 37
561.32 Transfer of licenses; change of officers or 38
directors; transfer of inter est.— 39
(2)(a) No person is entitled as a matter of right to a 40
transfer of a license or interest in a license to a relative or 41
to any other person or to a change of executive officers or 42
directors: 43
1. If the division has notified the licensee in writing 44
that a revocation, suspension, or administrative proceeding or a 45
proceeding under s. 561.42 has been or will be brought against 46
the license; or 47
2. If a licensee, executive officer, director, or person 48
holding an interest in the license or business has be en 49
arrested, charged, indicted, or convicted, or has appealed the 50
HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 3 of 6
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
conviction, of a crime which is disqualifying under the 51
alcoholic beverage laws. Any licensee, executive officer, 52
director, or person holding an interest in a license or business 53
who is arrested, charged, indicted, or convicted, or has 54
appealed the conviction, of a crime which is disqualifying under 55
the alcoholic beverage laws is required to immediately notify 56
the division in writing of such action. 57
58
It is unlawful to transfer or attempt to t ransfer any license or 59
interest in a license or business or change executive officers 60
or directors contrary to the provisions of this section. 61
Section 4. Section 561.423, Florida Statutes, is amended 62
to read: 63
561.423 Beer and malt beverages; in -store servicing 64
authorized.—Nothing in s. 561.42 or any other provision of the 65
Beverage Law shall prohibit a distributor of beer or malt 66
beverages from providing in -store servicing of beer or malt 67
beverages. "In-store servicing" as used herein means quality 68
control procedures which include, but are not limited to: 69
rotation of malt beverages on the vendor's shelves, rotation and 70
placing of malt beverages in vendor's coolers, proper stacking 71
and maintenance of appearance a nd display of malt beverages on 72
vendor's shelves, price -stamping of malt beverages in vendor's 73
licensed premises, and moving or resetting any product or 74
display in order to display a distributor's own product when 75
HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 4 of 6
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
authorized by the vendor. 76
Section 5. Subsection (2) of section 561.424, Florida 77
Statutes, is amended to read: 78
561.424 Vinous beverages; in -store servicing authorized. — 79
(2) Nothing in s. 561.42 or any other provision of the 80
alcoholic Beverage Law shall prohibit a distributor of wine from 81
providing in-store servicing of wine sold by such distributor to 82
a vendor. "In-store servicing" as used herein means: placing the 83
wine on the vendor's shelves and maintaining the appearance and 84
display of said wine on the vendor's shelves in the vendor's 85
licensed premises; placing the wine not so shelved or displayed 86
in a storage area designated by the vendor, which is located in 87
the vendor's licensed premises; rotation of vinous beverages; 88
and price stamping of vinous beverages in vendor's licensed 89
premises. This section shall not apply to distilled spirits. 90
Section 6. Section 564.07, Florida Statutes, is amended to 91
read: 92
564.07 Wine lists furnished to vendors. —A distributor of 93
vinous beverages in this state may furnish, give, rent, loan, or 94
sell to a vendor, and a vendor may accept, alcoholic beverage 95
lists, commonly referred to as "wine lists ," without the same 96
being a violation of s. 561.42(1) . 97
Section 7. Section 564.08, Florida Statutes, is amended to 98
read: 99
564.08 Wine tastings by distributors and vendors.—A 100
HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 5 of 6
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
licensed distributor of vinous beverages, or any vendor, is 101
authorized to conduct wine tastings upon any licensed premises 102
authorized to sell vinous or spirituous beverages by package or 103
for consumption on premises without being in violation of s. 104
561.42, provided that the conduct of the wine tasting shall be 105
limited to and directed toward the general public of the age of 106
legal consumption. 107
Section 8. Section 565.16, Florida Statutes, is amended to 108
read: 109
565.16 Beverage lists furnished to vendors.—A distributor 110
of spirituous beverages in this state may furnish, give, rent, 111
loan, or sell to a vendor, and a vendor may accept, alcoholic 112
beverage lists, otherwise referred to as "wine lists ," without 113
the same being a violation of s. 561.42(1) . 114
Section 9. Subsection (1) of section 565.17, Florida 115
Statutes, is amended to read: 116
565.17 Beverage tastings by distributors, craft 117
distilleries, and vendors. — 118
(1) A licensed distributor of spirituous beverages, a 119
craft distillery as defined in s. 565.03, or any vendor is 120
authorized to conduct spirituous beverage tastings upon any 121
licensed premises authorized to sell spirituous beverages by 122
package or for consumption on premises without being in 123
violation of s. 561.42 , provided that the conduct of the 124
spirituous beverage tasting shall be limited to and directed 125
HB 6097 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6097-00
Page 6 of 6
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
toward the general public of the age of legal consumption. 126
Section 10. This act shall take effect July 1, 2022. 127