The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 578
INTRODUCER: Commerce and Tourism Committee and Senator Leek
SUBJECT: Wine Containers
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Dike McKay CM Fav/CS
3. Oxamendi Yeatman RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 578 allows the sale of wine in any container holding 5.16 gallons. Current law only
allows for the sale of wine in reusable containers holding 5.16 gallons. Under current law, wine
may also be sold in glass containers holding 4.5 liters, 9 liters, 12 liters, or 15 liters of wine.
The bill takes effect July 1, 2025.
II. Present Situation:
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation administers and enforces
1
the Beverage Law,
2
which regulates the
manufacture, distribution, and sale of wine, beer, and liquor.
3
The division is also responsible for
the administration and enforcement of tobacco products under ch. 569, F.S.
1
Section 561.02, F.S.
2
Section 561.01(6), F.S. (provides that the “Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.).
3
See s. 561.14, F.S.
REVISED: BILL: CS/SB 578 Page 2
Wine
The term “wine” means:
4
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.
“Fortified wine” means all wines containing more than 17.259 percent of alcohol by volume.
5
Wine Container Size Limits
Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than
one gallon (3.785 liters) of wine unless the wine is sold in a reusable container of 5.16 gallons
(19.5 liters) or a glass container holding 4.5 liters, 9 liters, 12 liters, or 15 liters of wine.
Qualified distributors and manufacturers may sell wine to other qualified distributors or
manufacturers in any size container. Except as provided in s. 564.09, F.S., wine sold or offered
for sale by a licensed vendor to be consumed off the premises shall be in the unopened original
container.
6
Any person who violates the prohibition in s. 564.05, F.S., commits a misdemeanor of the
second degree.
7
Federal law specifies fill standards for wine containers.
8
The wine container must be filled to
contain the quantity of wine authorized by the federal fill standards so as not to mislead the
consumer.
9
The authorized standards of fill range from 50 milliliters to three liters. However, if
the fill of the wine container is four liters or larger, the container must be labeled in even liters,
e.g., four liters, five liters, etc.
10
There are also several exceptions to the standard fill
4
Section 564.01(1), F.S.
5
Section 564.01(2), F.S.
6
Section 564.09, F.S., allows restaurant patrons to leave a restaurant with an unsealed bottle of wine for consumption off the
premises if the patron has purchased a meal and consumed a portion of the bottle of wine on the restaurant premises with
certain requirements.
7
Section 775.082(4), F.S., provides the penalty for a misdemeanor of the second degree is a term of imprisonment not
exceeding 60 days. Section 775.083(1)(e), F.S., provides the penalty for a misdemeanor of the second degree is a fine not to
exceed $500.
8
27 C.F.R. s. 4.70 et seq.
9
27 C.F.R. s. 4.71.
10
27 C.F.R. s. 4.72. BILL: CS/SB 578 Page 3
requirements, including exceptions for certain imported wines in original containers, wines
bottled before specified dates, and wine packed in containers of 18 liters or more.
11
III. Effect of Proposed Changes:
The bill revises s. 564.05, F.S., to allow the sale of wine in any container holding 5.16 gallons.
Current law only allows for the sale of wine in reusable containers holding 5.16 gallons.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
11
27 C.F.R. s. 4.70. The standard wine barrel is 225 liters or 59 gallons. See Wine Industry Advisor, Living Large:
Supersizing Barrels for a Subtler Impact, available at https://wineindustryadvisor.com/2020/08/11/living-large-supersizing-
barrels-for-a-subtler-impact (last visited Mar. 25, 2025). BILL: CS/SB 578 Page 4
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 564.05 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 25, 2025:
The amendment removes the words “recyclable” and “reusable” to allow wine to be
stored in any type of container under this section.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.