CS/HB 499 2025
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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 malt beverages; amending 561.42, 2
F.S.; authorizing certain manufacturers to sell and 3
deliver malt beverages to vendors; amending s. 4
563.022, F.S.; authorizing a manufacturer to 5
terminate, cancel, nonrenew, and discontinue certain 6
contracts under certain conditions; providing that 7
such terminations, cancellations, nonrenewals, and 8
discontinuances are not violations of unlawful acts 9
and practices provisions; authorizing the Division of 10
Alcoholic Beverages and Tobacco to determine a 11
manufacturer's yearly production amount, upon the 12
manufacturer's request; providing that certain 13
information is prima facie evidence; authorizing the 14
division to adopt rules; providing applicability; 15
amending s. 561.221, F.S.; conforming a cross -16
reference; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
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Section 1. Subsection (15) is added to section 561.42, 21
Florida Statutes, to read: 22
561.42 Tied house evil; financial aid and assistance to 23
vendor by manufacturer, distributor, importer, primary American 24
source of supply, brand owner or registrant, or any broker, 25
CS/HB 499 2025
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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
sales agent, or sales person thereof, prohibited; procedure fo r 26
enforcement; exception. — 27
(15) Nothing in this section or any other provision of the 28
Beverage Law shall prohibit a malt beverage manufacturer who 29
produces less than 31,000 gallons of malt beverages within a 30
calendar year from selling and delivering the malt beverages 31
produced by the manufacturer directly to vendors. 32
Section 2. Subsections (12) through (21) of section 33
563.022, Florida Statutes, are renumbered as subsections (13) 34
through (22), respectively, and a new subsection (12) is added 35
to that section, to read: 36
563.022 Relations between beer distributors and 37
manufacturers.— 38
(12) TERMINATION, CANCELLATION, NONRENEWAL, AND 39
DISCONTINUANCE OF FRANCHISE AGREEMENT. — 40
(a) Notwithstanding any provision of law relating to 41
franchise agreements or any o ther provision in this section, a 42
manufacturer may terminate, cancel, nonrenew, or discontinue a 43
franchise agreement when all of the following occur: 44
1. The manufacturer produced less than 31,000 gallons of 45
beer in the 12 months before the effective date of the franchise 46
agreement. 47
2. The manufacturer provides written notice of the 48
termination, cancellation, nonrenewal, or discontinuance of the 49
franchise agreement to the distributor not less than 24 months 50
CS/HB 499 2025
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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
before the effective date of the termination, c ancellation, 51
nonrenewal, or discontinuance. 52
3. The manufacturer provides written notice of the 53
termination, cancellation, nonrenewal, or discontinuance to the 54
distributor not less than 36 months, but not more than 38 55
months, after the effective date of t he franchise agreement. 56
(b) A franchise agreement that is terminated, cancelled, 57
nonrenewed, or discontinued under this subsection is not a 58
violation of subsection (4), and a manufacturer is not required 59
to pay reasonable compensation to a distributor. 60
(c) At the request of a manufacturer, the division may 61
determine the manufacturer's yearly production amount. A 62
determination by the division, when certified in writing, is 63
prima facie evidence of the amount of beer produced by the 64
manufacturer in a 12 -month period. The division may adopt rules 65
for manufacturers to request written certification of the amount 66
of beer produced by a manufacturer in a given period. However, a 67
manufacturer may not make such request more than once in any 12 -68
month period. A deter mination by the division that a 69
manufacturer produces less than 31,000 gallons in a 12 -month 70
period is effective for 3 years. 71
(d) This subsection applies to all franchise agreements 72
entered into on or after July 1, 2025, and may not be waived by 73
any party in a franchise agreement. 74
Section 3. Paragraph (c) of subsection (2) of section 75
CS/HB 499 2025
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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
561.221, Florida Statutes, is amended to read: 76
561.221 Licensing of manufacturers and distributors as 77
vendors and of vendors as manufacturers; conditions and 78
limitations.— 79
(2) 80
(c) Notwithstanding any other provision of the Beverage 81
Law, a manufacturer holding multiple manufacturing licenses may 82
transfer malt beverages to a licensed facility, as provided in 83
s. 563.022(15)(d) s. 563.022(14)(d), in an amount up to th e 84
yearly production amount at the receiving facility. Malt 85
beverages and other alcoholic beverages manufactured by another 86
licensed manufacturer, including any malt beverages that are 87
owned in whole or in part by the manufacturer but are brewed by 88
another manufacturer, must be obtained through a licensed 89
distributor that is not also a licensed manufacturer, a licensed 90
broker or sales agent, or a licensed importer. 91
Section 4. This act shall take effect July 1, 2025. 92