This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1459e.COM
DATE: 4/11/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1459 Registration Fees for Malt Beverage Brands and Labels
SPONSOR(S): Yeager
TIED BILLS: IDEN./SIM. BILLS: SB 658
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
11 Y, 0 N Thompson Anstead
2) State Administration & Technology
Appropriations Subcommittee
12 Y, 0 N Helpling Topp
3) Commerce Committee 17 Y, 0 N Thompson Hamon
SUMMARY ANALYSIS
In Florida, alcoholic beverages are regulated by the Beverage Law, which regulates the manufacture,
distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and vendors. The Division of
Alcoholic Beverages and Tobacco (ABT) in the Department of Business and Professional Regulation (DBPR)
administers and enforces the Beverage Law, which requires licenses for businesses in the industry and
payment of various associated fees and taxes.
Before doing business in Florida, manufacturers, brewers, bottlers, distributors, and importers of malt
beverages must register with the ABT the brands or labels under which the malt beverages are to be sold or
moved. Current law requires the ABT to charge a $30 fee per brand or label.
The bill:
Provides that the annual registration fee of $30 for each malt beverage brand and label only applies to
a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.
Specifies that no other annual registration fee for a brand or label is authorized under the provision.
The bill will have an indeterminate negative fiscal impact on state government, and no fiscal impact on local
governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1459e.COM PAGE: 2
DATE: 4/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Beverage Law
In Florida, alcoholic beverages are regulated by the Beverage Law,
1
which regulates and licenses the
manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and
vendors.
2
The Division of Alcoholic Beverages and Tobacco (ABT) in the Department of Business and
Professional Regulation (DBPR) administers and enforces the Beverage Law.
3
Three-Tier System
In the United States, the regulation of alcohol since the repeal of Prohibition, has traditionally been
based upon a “three-tier system.” The system requires separation of the manufacture, distribution, and
sale of alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the
beverages from the manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the
consumer. A manufacturer, distributor, or exporter may not be licensed as a vendor to sell directly to
consumers.
Generally, Florida has adopted the three-tier system. Exceptions to the three-tier regulatory system
permit in-state wineries,
4
breweries,
5
and craft distilleries to be licensed as a vendor and sell directly to
consumers under certain circumstances.
6
Brand and Label Registration Fee
No manufacturer, brewer, bottler, distributor, or importer of malt beverages may sell or offer for sale in
Florida, or move or cause to be moved within or into Florida, any malt beverages, without:
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Qualifying to do business in the state and registering its name and the brands or labels under
which the malt beverages are to be sold or moved; and
Furnishing any samples and information as to content, quality, and formula of such malt
beverages as the ABT may require.
Each registrant must pay an annual registration fee of $30 for a brand or label.
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Effect of Proposed Changes
The bill provides that the annual registration fee of $30 for each malt beverage brand and label only
applies to a brand or label that is sold to a distributor, not to a brand or label that is kept in-house.
The bill also specifies that no other annual registration fee for a brand or label is authorized under the
provision.
B. SECTION DIRECTORY:
Section 1: Amends s. 563.045, F.S., revising requirements for brand and label fees.
1
S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
See s. 561.14, F.S.
3
S. 561.02, F.S.
4
See s. 561.221(1), F.S.
5
See s. 561.221(2), F.S.
6
See s. 565.03, F.S.
7
S. 563.045(1), F.S.
8
S. 563.045(2), F.S. STORAGE NAME: h1459e.COM PAGE: 3
DATE: 4/11/2023
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may cause an indeterminate decrease in brand and label fees collected by the ABT.
The table below shows the last three fiscal years of revenue collected for brands/label
registrations.
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2020 2021 2022
Initial Malt Beverages
Licenses
$206,280 $239,730 $255,930
Malt Beverage License
Renewals
$98,580 $130,020 $131,820
These revenues include brand and label fees for all beverages. The reduction in revenue will be
determined by the number of beverages that are kept in house, which is not currently tracked.
2. Expenditures:
There will be minor adjustments to the online system for brand registration which is estimated to
cost $16,000.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on craft brewers and brewpubs, who may pay less in brand and
label fees to the ABT.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
9
Florida Department of Business and Professional Regulation, Agency Analysis of 2023 Senate Bill 658, p. 5 (Feb. 23, 2023).
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Id. STORAGE NAME: h1459e.COM PAGE: 4
DATE: 4/11/2023
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES