This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0523b.COM
DATE: 4/6/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 523 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 534
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
15 Y, 0 N Wright Anstead
2) Commerce Committee Wright Hamon
SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.
Current law addressing limitations on the size of individual wine containers provides the following:
The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
Wine may be sold in a reusable container of 5.16 gallons.
Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
containers of any size.
Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
consumed off the premises must be in the unopened original container.
Violations are a second-degree misdemeanor.
The bill repeals the law relating to limitations on the size of individual wine containers.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0523b.COM PAGE: 2
DATE: 4/6/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Beverage Law
In Florida, the Beverage Law
1
regulates the manufacture, distribution, and sale of wine, beer, and liquor
by manufacturers, distributors, and vendors.
2
The Division of Alcoholic Beverages and Tobacco
(Division) in the Department of Business and Professional Regulation (DBPR) administers and
enforces the Beverage Law.
3
“Alcoholic beverages” are defined as “distilled spirits and all beverages containing one-half of 1 percent
or more alcohol by volume.” “Malt beverages” are brewed alcoholic beverages containing malt.
4
The license and registration classifications used in the Beverage Law include the following:
“Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
at wholesale to licensed distributors and to no one else within the state, unless authorized by
statute.”
“Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages.”
“Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
beverages to licensed manufacturers or licensed distributors, and to no one else in this state.
5
“Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.”
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Wine Container Limitations
“Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner required by the laws and
regulations of the United States, and includes all sparkling wines, champagnes, combination of the
aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of
the product may not be altered to imitate a beverage other than wine or to change the character of the
wine.
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Current law governing limitations of the size of wine containers:
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Prohibits the sale of wine in an individual container that holds more than one gallon. However,
allows wine to be sold in a reusable container of 5.16 gallons.
Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors
and manufacturers in any size container.
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Except for restaurants in certain situations,
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requires wine sold or offered for sale by a licensed
vendor to be consumed off-premises to be in the unopened original container.
1
Section 561.01(6), F.S., provides that the “The Beverage Law” includes chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
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See s. 561.14, F.S.
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S. 561.02, F.S.
4
S. 563.01, F.S.
5
S. 561.01(5), F.S.
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S. 561.14, F.S.
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S. 564.01(1), F.S.
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S. 564.05, F.S.
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Id. STORAGE NAME: h0523b.COM PAGE: 3
DATE: 4/6/2023
Provides that violations are a second-degree misdemeanor, punishable by a maximum $500
fine
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and 60 days in prison.
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Effect of the Bill
The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1 Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
Section 2 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
impact on businesses that sell wine.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
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The exception allows restaurant patrons to leave the premises with “one unsealed bottle of wine for consumption off the premises,”
provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely resealed by the
licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened, attached to a
dated receipt indicating the full course meal, and transported in a locked vehicle glove compartment, locked trunk, or behind the last
upright seat of a motor vehicle that is not equipped with a trunk. Section 564.09, F.S.
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S. 775.083(1)(e), F.S.
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S. 775.082(4)(b), F.S. STORAGE NAME: h0523b.COM PAGE: 4
DATE: 4/6/2023
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES