Florida Senate Bill S1818 Introduced / Bill

 Florida Senate - 2025 SB 1818  By Senator Collins 14-01330-25 20251818__ 1 A bill to be entitled 2 An act relating to craft breweries; reordering and 3 amending s. 561.01, F.S.; defining the terms barrel 4 and craft brewery; amending s. 561.221, F.S.; 5 providing that malt beverages and other alcoholic 6 beverages that are manufactured under contract or by 7 an alternating proprietorship by another licensed 8 manufacturer may be transferred to a licensed 9 facility; requiring that such beverages not owned by 10 the manufacturer which are brewed by another 11 manufacturer be obtained through a licensed 12 distributor that is not also a licensed manufacturer, 13 a licensed broker or sales agent, or a licensed 14 importer; authorizing a craft brewery to sell and 15 deliver up to a specified number of barrels of malt 16 beverages annually to any licensed vendor, provided 17 certain conditions are met; prohibiting a manufacturer 18 that possesses a vendors license and that produces 19 more than a specified number of barrels of malt 20 beverages from making deliveries; authorizing a craft 21 brewery to conduct tastings and sales of malt 22 beverages at certain events; requiring the Division of 23 Alcoholic Beverages and Tobacco to issue permits for 24 such tastings and sales to such craft breweries; 25 requiring such craft breweries to pay all entry fees 26 and have a representative present at such events; 27 providing that the permit is valid only for the 28 duration and physical location of the event; revising 29 a provision relating to the vendors that may be 30 licensed as manufacturers of malt beverages; making 31 technical changes; amending s. 561.37, F.S.; deleting 32 a requirement that manufacturers and brewers file a 33 surety bond with the division; amending s. 561.5101, 34 F.S.; revising applicability relating to come-to-rest 35 requirements; amending s. 561.57, F.S.; authorizing a 36 craft brewery to transport malt beverages in vehicles 37 owned or leased by the manufacturer or persons the 38 manufacturer has disclosed in writing to the division; 39 conforming a cross-reference; amending s. 563.02, 40 F.S.; revising a requirement for certain manufacturers 41 to pay a specified license tax; amending s. 563.022, 42 F.S.; revising the definition of the term 43 manufacturer; creating s. 563.023, F.S.; providing 44 applicability; providing that certain distribution 45 agreements are deemed to renew upon a specified date; 46 requiring distribution agreements between a beer 47 distributor and a craft brewery to be in writing; 48 providing construction; providing that a distribution 49 agreement may not require or authorize certain 50 actions; authorizing a craft brewery to terminate a 51 distribution agreement in certain circumstances; 52 prohibiting certain actions from craft breweries or 53 distributors of malt beverages; providing exceptions; 54 prohibiting a distributor from refusing to enter into 55 a distribution agreement with a craft brewery, except 56 for good cause and in good faith; prohibiting a 57 distributor from continuing to distribute a craft 58 brewers product within a certain timeframe after 59 receiving notice of a distribution agreements 60 termination; providing that any sums owed to the 61 distributor are still owed; prohibiting a craft 62 brewery from entering into a contract with more than 63 one distributor to sell any of its products or brands 64 within the same territory at the same time; providing 65 applicability; requiring a distributor that enters 66 into or renews a distribution agreement with a craft 67 brewery after a specified timeframe to maintain 68 physical facilities and personnel for specified 69 purposes; authorizing a distributor to terminate a 70 distribution agreement according to the terms of the 71 agreement or for specified reasons; requiring a craft 72 brewery to repurchase all of its products in the 73 possession of a distributor if a contract is 74 terminated; requiring a craft brewery or distributor 75 that violates this section to pay the injured party 76 all reasonable damages, as well as reasonable costs 77 and attorney fees; requiring a distributor and a craft 78 brewery to enter into arbitration proceedings for 79 specific disputes after a specified timeframe; 80 requiring the parties to use the American Arbitration 81 Associations Commercial Arbitration Rules; defining 82 the term fair market value; requiring that a notice 83 of intent to enter arbitration be sent no later than a 84 specified timeframe after receiving a notice to 85 terminate a distribution agreement; requiring that 86 proceedings be conducted in this state and in front of 87 an impartial arbitrator; providing that an 88 arbitrators award may only be monetary; prohibiting 89 an arbitrator from enjoining or compelling conduct; 90 providing that arbitration held pursuant to the act 91 takes precedence over any other remedies and 92 procedures; requiring that the costs of arbitration be 93 equally divided between the parties engaged in 94 arbitration; providing that all other costs are paid 95 by the party that incurred them; requiring the 96 arbitrator to render a decision within a specified 97 timeframe, unless extended by mutual agreement or by 98 the arbitrator; providing that the decision of the 99 arbitrator is final and binding; prohibiting an appeal 100 of the decision; providing that a party that fails to 101 participate in arbitration waives all rights; 102 providing construction; creating s. 563.042, F.S.; 103 defining terms; authorizing contract brewers to 104 transfer malt beverages to contracting brewers 105 facilities up to a specified amount; authorizing a 106 contract brewer to contract with one or more 107 contracting brewers for a specified purpose; providing 108 that the contract brewer is responsible for complying 109 with federal and state law and for paying all federal 110 and state taxes; providing that title to the malt 111 beverages remains with the contract brewer until the 112 malt beverages are removed from the licensed premises; 113 requiring contract brewers and contracting brewers to 114 maintain certain records required by the division; 115 requiring licensed manufacturers that wish to engage 116 in contract brewing to notify the division of its 117 intention on forms provided by the division; requiring 118 such licensed manufacturers to make a full and 119 complete report to the division by a certain date; 120 specifying what a contract brewer and a contracting 121 brewer must include in such reports; requiring such 122 licensed manufacturers to maintain all records 123 required by the Beverage Law; requiring that an entity 124 seeking to become a host brewer or a guest brewer for 125 alternating proprietorship brewing first qualify as a 126 brewer with the National Revenue Center; requiring 127 such entities to submit a form to the division with 128 specified information; requiring that a guest brewers 129 malt beverages be separate and identifiable from the 130 beer of all other tenants at the host brewers 131 licensed premises; requiring a guest brewer to make a 132 full and complete report of specified information to 133 the division by a certain day each month; requiring a 134 guest brewer to comply with all federal and state law 135 and to pay all federal and state taxes; providing that 136 title to the malt beverages remains with the guest 137 brewer; prohibiting manufacturers or vendors from 138 engaging in contract brewing or alternating 139 proprietorship brewing; authorizing the division to 140 adopt rules; amending ss. 212.08, 561.20, 561.4205, 141 562.14, 768.36, 817.36, 856.015, and 1006.09, F.S.; 142 conforming cross-references; reenacting ss. 143 563.06(7)(a) and 563.13, F.S., relating to the size of 144 malt beverage containers, and Florida brewery 145 directional signs and fees, respectively, to 146 incorporate the amendment made to s. 561.221, F.S., in 147 references thereto; reenacting ss. 562.07 and 148 565.045(1), F.S., relating to illegal transportation 149 of beverages and regulations for consumption on 150 premises, penalty, and exemptions, respectively, to 151 incorporate the amendment made to s. 561.57, F.S., in 152 references thereto; providing an effective date. 153 154 Be It Enacted by the Legislature of the State of Florida: 155 156 Section 1.Section 561.01, Florida Statutes, is reordered 157 and amended to read: 158 561.01Definitions.As used in the Beverage Law: 159 (9)(1)Division means the Division of Alcoholic Beverages 160 and Tobacco of the Department of Business and Professional 161 Regulation. 162 (7)(2)Department means the Department of Business and 163 Professional Regulation. 164 (21)(3)State bonded warehouse means any licensed 165 warehouse used to store alcoholic beverages. 166 (2)(a)(4)(a)Alcoholic beverages means distilled spirits 167 and all beverages containing one-half of 1 percent or more 168 alcohol by volume. 169 (b)The percentage of alcohol by volume shall be determined 170 by measuring the volume of the standard ethyl alcohol in the 171 beverage and comparing it with the volume of the remainder of 172 the ingredients as though said remainder ingredients were 173 distilled water. 174 (13)(5)Intoxicating beverage and intoxicating liquor 175 mean only those alcoholic beverages containing more than 4.007 176 percent of alcohol by volume. 177 (23)(6)The Beverage Law means this chapter and chapters 178 562, 563, 564, 565, 567, and 568. 179 (16)(7)Manufacturer means all persons who make alcoholic 180 beverages except those who make beer or wine for personal or 181 family consumption pursuant to s. 562.165. 182 (22)(a)(8)(a)Tax means all taxes or payments required 183 under the Beverage Law. 184 (b)There shall be paid means there is hereby levied and 185 imposed and shall be paid. 186 (19)(9)Sale and sell mean any transfer of an alcoholic 187 beverage for a consideration, any gift of an alcoholic beverage 188 in connection with, or as a part of, a transfer of property 189 other than an alcoholic beverage for a consideration, or the 190 serving of an alcoholic beverage by a club licensed under the 191 Beverage Law. 192 (8)(10)Discount in the usual course of business means a 193 cash or spirituous or vinous beverage merchandise discount given 194 pursuant to an agreement made at the time of sale. However, such 195 agreement shall not result in an accrued, accumulated, or 196 retroactive discount. The same discounts shall be offered to all 197 vendors of the same license series or type buying similar 198 quantities. Any discount which is in violation of this section 199 shall be considered an arrangement for financial assistance by 200 gift. 201 (14)(11)Licensed premises means not only rooms where 202 alcoholic beverages are stored or sold by the licensee, but also 203 all other rooms in the building which are so closely connected 204 therewith as to admit of free passage from drink parlor to other 205 rooms over which the licensee has some dominion or control and 206 shall also include all of the area embraced within the sketch, 207 appearing on or attached to the application for the license 208 involved and designated as such on said sketch, in addition to 209 that included or designated by general law. The area embraced 210 within the sketch may include a sidewalk or other outside area 211 which is contiguous to the licensed premises. When the sketch 212 includes a sidewalk or other outside area, written approval from 213 the county or municipality attesting to compliance with local 214 ordinances must be submitted to the division to authorize 215 inclusion of sidewalks and outside areas in licensed premises. 216 The division may approve applications for temporary expansion of 217 the licensed premises to include a sidewalk or other outside 218 area for special events upon the payment of a $100 application 219 fee, stipulation of the timeframe for the special event, and 220 submission of a sketch outlining the expanded premises and 221 accompanied by written approval from the county or municipality 222 as required in this subsection. All moneys collected from the 223 fees assessed under this subsection shall be deposited into the 224 Alcoholic Beverage and Tobacco Trust Fund. 225 (20)(12)Special airport license means a vendor license 226 to sell certain alcoholic beverages only on those airport 227 premises which have been designated in the United States 228 National Airport System Plan, 49 U.S.C. s. 1711, as air carrier 229 airports, commuter airports, and reliever airports. 230 (1)(13)Airport terminal means the airport passenger 231 handling facilities or premises publicly owned or leased by a 232 county, municipality, or public authority at airports which have 233 been designated in the United States National Airport System 234 Plan, 49 U.S.C. s. 1711, as air carrier airports, commuter 235 airports, and reliever airports. 236 (15)(14)Licensee means a legal or business entity, 237 person, or persons that hold a license issued by the division 238 and meet the qualifications set forth in s. 561.15. 239 (4)(15)Bottle club means a commercial establishment, 240 operated for a profit, whether or not a profit is actually made, 241 wherein patrons consume alcoholic beverages which are brought 242 onto the premises and not sold or supplied to the patrons by the 243 establishment, whether the patrons bring in and maintain custody 244 of their own alcoholic beverages or surrender custody to the 245 establishment for dispensing on the premises, and which is 246 located in a building or other enclosed permanent structure. 247 This definition does not apply to sporting facilities where 248 events sanctioned by nationally recognized regulatory athletic 249 or sports associations are held, bona fide restaurants licensed 250 by the Division of Hotels and Restaurants of the Department of 251 Business and Professional Regulation whose primary business is 252 the service of full course meals, or hotels and motels licensed 253 by the Division of Hotels and Restaurants of the Department of 254 Business and Professional Regulation. 255 (11)(16)Exporter means any person that sells alcoholic 256 beverages to persons for use outside the state and includes a 257 ships chandler and a duty-free shop. 258 (17)Performing arts center means a facility consisting 259 of not less than 200 seats, owned and operated by a not-for 260 profit corporation qualified as an exempt organization under the 261 provisions of s. 501(c)(3) of the Internal Revenue Code of 1986 262 or of the corresponding section of a subsequently enacted 263 federal revenue act, which is used and occupied to promote 264 development of any or all of the performing, visual, or fine 265 arts or any or all matters relating thereto and to encourage and 266 cultivate public and professional knowledge and appreciation of 267 the arts through: 268 (a)The preparation, production, public presentation, or 269 public exhibition of dramatic or musical works, dance, opera, 270 motion pictures, television, music, recordings, or works of 271 fine, performing, or visual arts of any nature; 272 (b)The conducting of lectures, seminars, classes, or 273 workshops for development of skills or techniques related to the 274 practice or appreciation of any or all of these arts; 275 (c)The broadcast or telecast of the performing or visual 276 arts through whatever means is desirable, including, but not 277 limited to, television, radio, cable, or the latest state-of 278 the-art media, equipment, or techniques; 279 (d)The reproduction of the performing, visual, or fine 280 arts through motion pictures, videotapes, video disks, delayed 281 presentations, sound recordings, or whatever in the future 282 becomes a viable means or state-of-the-art; 283 (e)The provision of banquet, concession, or other on 284 premises food and alcoholic and nonalcoholic beverage 285 activities; 286 (f)The conduct of retail activities reasonably related to 287 the other uses of the facility; 288 (g)The conduct of fundraising activities reasonably 289 related to the arts; 290 (h)The provision of auxiliary services for performing or 291 visual artists, educators, students, or the public which are 292 necessary or desirable to promote or facilitate the foregoing 293 uses, including, but not limited to, the publication and 294 dissemination of any or all materials related to the foregoing; 295 (i)The conduct of rehearsals, conventions, meetings, or 296 commercial or other activities; or 297 (j)Such other activities for the promotion and development 298 of the arts not described in paragraphs (a)-(i) as the not-for 299 profit corporation determines, provided that no such activity is 300 inconsistent with or otherwise violates any applicable statute, 301 ordinance, or regulation. 302 (10)(18)Entertainment/resort complex means a theme park 303 comprised of at least 25 acres of land with permanent 304 exhibitions and a variety of recreational activities, which has 305 at least 1 million visitors annually who pay admission fees 306 thereto, together with any lodging, dining, and recreational 307 facilities located adjacent to, contiguous to, or in close 308 proximity to the theme park, as long as the 309 owner(s)/operators(s) of the theme park, or a parent or related 310 company or subsidiary thereof, has an equity interest in the 311 lodging, dining, or recreational facilities or is in privity 312 therewith. Close proximity shall include an area within a 5-mile 313 radius of the theme park complex. 314 (5)(19)Common carrier means any person, firm, or 315 corporation that undertakes for hire, as a regular business, the 316 transportation of persons or commodities from place to place, 317 offering its services to all who choose to employ it and pay its 318 charges. 319 (12)(20)For purposes of license qualification pursuant to 320 s. 561.20(2)(a)1. the term historic structure means a 321 structure that is listed on the National Register of Historic 322 Places pursuant to the National Historic Preservation Act of 323 1966, or is within and contributes to a registered historic 324 district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been found 325 to meet the criteria of historical significance of the Division 326 of Historical Resources of the Department of State, as certified 327 by that division or by a locally established historic 328 preservation board or commission, or like body, which has been 329 granted authority to designate historically significant 330 properties by the jurisdiction within which the hotel or motel 331 is located. 332 (18)(21)Railroad transit station means a platform or a 333 terminal facility where passenger trains operating on a guided 334 rail system according to a fixed schedule between two or more 335 cities regularly stop to load and unload passengers or goods. 336 The term includes a passenger waiting lounge and dining, retail, 337 entertainment, or recreational facilities within the licensed 338 premises owned or leased by the railroad operator or owner. 339 (3)Barrel means a quantity of 31 gallons. 340 (6)Craft brewery means a manufacturer, whether licensed 341 in this state or in another state, which produces in total fewer 342 than 60,000 barrels of malt beverages per calendar year. 343 Section 2.Subsection (2) and paragraph (a) of subsection 344 (3) of section 561.221, Florida Statutes, are amended to read: 345 561.221Licensing of manufacturers and distributors as 346 vendors and of vendors as manufacturers; conditions and 347 limitations. 348 (2)(a)Notwithstanding s. 561.22, s. 561.42, or any other 349 provision of the Beverage Law, the division is authorized to 350 issue vendors licenses to a manufacturer of malt beverages, 351 even if such manufacturer is also licensed as a distributor, for 352 the sale of alcoholic beverages on property consisting of a 353 single complex, which property shall include a brewery. However, 354 such property may be divided by no more than one public street 355 or highway. 356 (b)The licensed vendor premises shall be included on the 357 sketch or diagram defining the licensed premises submitted with 358 the manufacturers license application pursuant to s. 561.01 s. 359 561.01(11). All sketch or diagram revisions by the manufacturer 360 must be approved by the division, verifying that the vendor 361 premises operated by the licensed manufacturer is owned or 362 leased by the manufacturer and is located on the licensed 363 manufacturing premises. 364 (c)Notwithstanding any other provision of the Beverage 365 Law, a manufacturer holding multiple manufacturing licenses may 366 transfer malt beverages to a licensed facility, as provided in 367 ss. 563.022(14)(d) and 563.023(2) s. 563.022(14)(d), in an 368 amount up to the yearly production amount at the receiving 369 facility. Malt beverages and other alcoholic beverages that are 370 manufactured under contract or by an alternating proprietorship 371 as defined in s. 563.042 by another licensed manufacturer and, 372 including any malt beverages that are owned in whole or in part 373 by the manufacturer may be transferred to a licensed facility as 374 provided in ss. 563.022(14)(d) and 563.023(2). Malt beverages 375 and other alcoholic beverages not owned by the manufacturer 376 which but are brewed by another manufacturer, must be obtained 377 through a licensed distributor that is not also a licensed 378 manufacturer, a licensed broker or sales agent, or a licensed 379 importer. 380 (d)A craft brewery may sell and deliver up to 5,000 381 barrels of malt beverages annually to any licensed vendor, 382 provided that: 383 1.Any malt beverages sold and delivered under this 384 subsection which are not otherwise registered by a licensed 385 distributor are registered with the division by the craft 386 brewery; 387 2.The craft brewery complies with the requirements in ss. 388 561.42 and 561.423, as applicable, to the same extent as if the 389 manufacturer were a distributor; and 390 3.The craft brewery notifies the distributor of any self 391 distribution delivery by electronic or other means. 392 (e)(d)A manufacturer possessing a vendors license under 393 this subsection which produces more than 60,000 barrels of malt 394 beverages per year is not permitted to make deliveries under s. 395 561.57(1). 396 (f)A craft brewery licensed under this subsection may 397 conduct tastings and sales of malt beverages produced by the 398 brewery at fairs, trade shows, farmers markets, expositions, and 399 festivals in this state. The division shall issue permits to 400 craft breweries for such tastings and sales. A craft brewery 401 must pay all entry fees and must have a brewery representative 402 present during the event. The permit is limited to the duration 403 and physical location of the event. 404 (g)(e)The division is authorized to issue up to eight 405 vendors licenses to a manufacturer of malt beverages pursuant 406 to this subsection. 407 (3)(a)Notwithstanding other provisions of the Beverage 408 Law, any vendor licensed in this state may be licensed as a 409 manufacturer of malt beverages upon a finding by the division 410 that: 411 1.The vendor will be engaged in brewing malt beverages at 412 a single location and in an amount which will not exceed 5,000 413 barrels of beer 10,000 kegs per year. For purposes of this 414 section subsection, the term barrel keg has the same meaning 415 as s. 561.01 means 15.5 gallons. 416 2.The malt beverages so brewed will be sold to consumers 417 for consumption on the vendors licensed premises or on 418 contiguous licensed premises owned by the vendor. 419 Section 3.Section 561.37, Florida Statutes, is amended to 420 read: 421 561.37Bond for payment of taxes. Each manufacturer and 422 each distributor shall file with the division a surety bond 423 acceptable to the division in the sum of $25,000 as surety for 424 the payment of all taxes, provided, however, that when in the 425 discretion of the division the amount of business done by the 426 manufacturer or distributor is of such volume that a bond of 427 less than $25,000 will be adequate to secure the payment of all 428 taxes assessed or authorized by the Beverage Law, the division 429 may accept a bond in a lesser sum than $25,000, but in no event 430 shall it accept a bond of less than $10,000, and it may at any 431 time in its discretion require any bond in an amount less than 432 $25,000 to be increased so as not to exceed $25,000; provided, 433 however, that the amount of bond required for a brewer shall be 434 $20,000, except that where, in the discretion of the division, 435 the amount of business done by the brewer is of such volume that 436 a bond of less than $20,000 will be adequate to secure the 437 payment of all taxes assessed or authorized by the Beverage Law, 438 the division may accept a bond in a lesser sum than $20,000, but 439 in no event shall it accept a bond of less than $10,000, and it 440 may at any time in its discretion require any bond in an amount 441 less than $20,000 to be increased so as not to exceed $20,000; 442 provided further that the amount of the bond required for a wine 443 or wine and cordial manufacturer shall be $5,000, except that, 444 in the case of a manufacturer engaged solely in the experimental 445 manufacture of wines and cordials from Florida products, where 446 in the discretion of the division the amount of business done by 447 such manufacturer is of such volume that a bond of less than 448 $5,000 will be adequate to secure the payment of all taxes 449 assessed or authorized by the Beverage Law, the division may 450 accept a bond in a lesser sum than $5,000, but in no event shall 451 it accept a bond of less than $1,000 and it may at any time in 452 its discretion require a bond in an amount less than $5,000 to 453 be increased so as not to exceed $5,000; provided, further, that 454 the amount of bond required for a distributor who sells only 455 beverages containing not more than 4.007 percent of alcohol by 456 volume, in counties where the sale of intoxicating liquors, 457 wines, and beers is prohibited, and to distributors who sell 458 only beverages containing not more than 17.259 percent of 459 alcohol by volume and wines regardless of alcoholic content, in 460 counties where the sale of intoxicating liquors, wines, and 461 beers is permitted, shall file with the division a surety bond 462 acceptable to the division in the sum of $25,000, as surety for 463 the payment of all taxes; provided, however, that where in the 464 discretion of the division the amount of business done by such 465 distributor is of such volume that a bond of less than $25,000 466 will be adequate to secure the payment of all taxes assessed or 467 authorized by the Beverage Law the division may accept a bond in 468 a less sum than $25,000 but in no event shall it accept a bond 469 less than $1,000 and it may at any time in its discretion 470 require any bond in an amount less than $25,000 to be increased 471 so as not to exceed $25,000; provided, further, that the amount 472 of bond required for a distributor in a county having a 473 population of 15,000 or less who procures a license by which his 474 or her sales are restricted to distributors and vendors who have 475 obtained licenses in the same county, shall be $5,000. 476 Section 4.Subsection (3) is added to section 561.5101, 477 Florida Statutes, and subsection (1) of that section is 478 reenacted, to read: 479 561.5101Come-to-rest requirement; exceptions; penalties. 480 (1)For purposes of inspection and tax-revenue control, all 481 malt beverages, except those manufactured and sold by the same 482 licensee, pursuant to s. 561.221(2) or (3), must come to rest at 483 the licensed premises of an alcoholic beverage wholesaler in 484 this state before being sold to a vendor by the wholesaler. The 485 prohibition contained in this subsection does not apply to the 486 shipment of malt beverages commonly known as private labels. The 487 prohibition contained in this subsection shall not prevent a 488 manufacturer from shipping malt beverages for storage at a 489 bonded warehouse facility, provided that such malt beverages are 490 distributed as provided in this subsection or to an out-of-state 491 entity. 492 (3)This section does not apply to a craft brewery 493 delivering malt beverages as provided in s. 561.221(2)(d). 494 Section 5.Subsections (1) and (2) of section 561.57, 495 Florida Statutes, are amended to read: 496 561.57Deliveries by licensees. 497 (1)Vendors shall be permitted to make deliveries away from 498 their places of business of sales actually made at the licensed 499 place of business; provided, telephone, electronic, or mail 500 orders received at a vendors licensed place of business shall 501 be construed as a sale actually made at the vendors licensed 502 place of business. Deliveries made by a vendor away from his or 503 her place of business may be made in vehicles that are owned or 504 leased by the vendor or in a third-party vehicle pursuant to a 505 contract with a third party with whom the vendor has contracted 506 to make deliveries, including, but not limited to, common 507 carriers. By acceptance of an alcoholic beverage license, the 508 vendor agrees that vehicles that are owned or leased by the 509 vendor shall always be subject to inspection and search without 510 a search warrant for the purpose of ascertaining that all 511 provisions of the alcoholic beverage laws are complied with by 512 authorized employees of the division and also by sheriffs, 513 deputy sheriffs, and police officers during business hours or 514 other times the vehicle is being used to transport or deliver 515 alcoholic beverages. A manufacturer possessing a vendors 516 license as described in 561.221(2)(e) under s. 561.221(2) is not 517 permitted to make deliveries under this subsection. 518 (2)Deliveries made by a manufacturer or distributor away 519 from his or her place of business may be made only in vehicles 520 that are owned or leased by the licensee. However, a craft 521 brewery delivering malt beverages as authorized by s. 522 561.221(2)(d) may transport malt beverages if the vehicle used 523 to transport the alcoholic beverages is owned or leased by the 524 manufacturer or any person the manufacturer has disclosed in 525 writing to the division. By acceptance of an alcoholic beverage 526 license and the use of such vehicles, the licensee agrees that 527 such vehicle shall always be subject to be inspected and 528 searched without a search warrant, for the purpose of 529 ascertaining that all provisions of the alcoholic beverage laws 530 are complied with, by authorized employees of the division and 531 also by sheriffs, deputy sheriffs, and police officers during 532 business hours or other times the vehicle is being used to 533 transport or deliver alcoholic beverages. 534 Section 6.Subsection (2) of section 563.02, Florida 535 Statutes, is amended to read: 536 563.02License fees; vendors; manufacturers and 537 distributors. 538 (2)Each manufacturer engaged in the business of brewing 539 only malt beverages shall pay an annual state license tax of 540 $3,000 for each plant or branch he or she may operate. However, 541 each manufacturer engaged in the business of brewing fewer less 542 than 60,000 barrels 10,000 kegs of malt beverages annually 543 pursuant to s. 561.221(2) or for consumption on the premises 544 pursuant to s. 561.221(3) shall pay an annual state license tax 545 of $500 for each plant or branch. 546 Section 7.Paragraph (h) of subsection (2) of section 547 563.022, Florida Statutes, is amended, and paragraph (b) of 548 subsection (14) of that section is reenacted, to read: 549 563.022Relations between beer distributors and 550 manufacturers. 551 (2)DEFINITIONS.In construing this section, unless the 552 context otherwise requires, the word, phrase, or term: 553 (h)Manufacturer means any person who manufactures or 554 imports beer for distribution to distributors licensed in this 555 state Florida. The term does not include a craft brewery, any 556 new distribution agreement, or the renewal of an existing 557 distribution agreement between a distributor of malt beverages 558 and a craft brewery. 559 (14)MANUFACTURER; PROHIBITED INTERESTS. 560 (b)Except as provided in paragraph (c), no entity or 561 person specified in paragraph (a) may have an interest in the 562 license, business, assets, or corporate stock of a licensed 563 distributor nor shall such entity sell directly to any vendor in 564 this state other than to vendors who are licensed pursuant to s. 565 561.221(2). 566 Section 8.Section 563.023, Florida Statutes, is created to 567 read: 568 563.023Relations between beer distributors and craft 569 breweries. 570 (1)CRAFT BREWERY DISTRIBUTION AGREEMENTS. 571 (a)This section applies to any distribution agreement or 572 the renewal of an existing distribution agreement between a beer 573 distributor and a craft brewery after July 1, 2025. Any existing 574 distribution agreement between a beer distributor and a craft 575 brewery is deemed to renew upon the earlier of July 1, 2026, or 576 the renewal date set forth in such agreement. 577 (b)A distribution agreement between a beer distributor and 578 a craft brewery which provides the rights and duties of the 579 distributor and the brewery with regard to the sale of the craft 580 brewerys products within this state must be in writing. The 581 terms of the agreement must comply this subsection. 582 (2)TRANSFER OF PRODUCTS.Nothing in the Beverage Law shall 583 be construed to prohibit a craft brewery from shipping products 584 to or between its breweries or between its breweries and the 585 licensed premises of a vendor as provided in s. 561.221(2), or 586 shipping any products that it owns, without a distributors 587 license. 588 (3)REQUIREMENTS.A distribution agreement between a 589 distributor and a craft brewery may not: 590 (a)Require the distributor or craft brewery to agree to 591 renew the distribution agreement at the expiration of the term 592 of the agreement. 593 (b)Except as set forth in subsection (4) or subsection 594 (8), authorize a distributor or craft brewery to terminate a 595 distribution agreement without first giving written notice of 596 any alleged deficiency and giving the other party 60 days to 597 cure the alleged deficiency. 598 (c)Authorize the assignment of the distribution agreement, 599 in part or in whole, without first obtaining the consent of the 600 other party. Such assignment may not be unreasonably withheld 601 provided the assignee possesses the financial, technical, and 602 operational skills necessary to perform under the distribution 603 agreement. 604 (d)Authorize the craft brewery or distributor to 605 unilaterally amend a distribution agreement, or any document 606 referred to or incorporated by reference in the distribution 607 agreement. 608 (e)Require a craft brewery or distributor to mediate or 609 arbitrate disputes that may arise between them. However, nothing 610 in this paragraph may prohibit the parties from resolving 611 disputes by mediation. 612 (4)TERMINATION BY A CRAFT BREWERY.A craft brewery may 613 terminate a distribution agreement according to the terms of the 614 agreement or in any of the following instances: 615 (a)The assignment or attempted assignment by the 616 distributor for the benefit of creditors; the institution of 617 proceedings in bankruptcy by or against the distributor; the 618 dissolution or liquidation of the distributor; the insolvency of 619 the distributor; or the distributors failure to pay for malt 620 beverages in accordance with this section. 621 (b)The felony conviction of a distributor or any of its 622 owners who participate in the distributors management which, in 623 the judgment of the craft brewery, may adversely affect the 624 goodwill or interests of the craft brewery. 625 (c)Fraudulent or discriminatory conduct of the distributor 626 in any of its dealings with the craft brewery or the craft 627 brewerys products. 628 (d)Revocation or suspension for more than 31 days of the 629 distributors federal basic permit or any state or local license 630 required of the distributor for the normal operation of its 631 business. 632 (e)Sale of malt beverages by a distributor outside its 633 sales territory prescribed by the distribution agreement in 634 accordance with s. 563.021. 635 (f)The craft brewery effectuates a change in ownership or 636 possession of ownership interests, enters into a buy-sell 637 agreement, or grants an option to purchase an ownership interest 638 without the distributors consent; this paragraph does not apply 639 to the transfer, creation, sale, gift, or grant of an ownership 640 interest, or option thereon, of a total aggregate of less than 641 10 percent of the total existing ownership or possession of 642 ownership interest of the distributor or intrafamily transfer. 643 (g)In the case of a craft brewery whose products represent 644 5 percent or less of a distributors gross annual sales, the 645 giving of a 45-day notice of termination and the payment to the 646 distributor of reasonable compensation equivalent to the fair 647 market value of the distributors total investment in products 648 being terminated. For purposes of this paragraph, fair market 649 value is calculated based on a multiple of the distributors 650 gross profits from the sale of the craft brewerys products in 651 the 12 months immediately preceding the date of the craft 652 brewerys written notice of intent to terminate. The fair market 653 valuation must be based on an arms length transaction entered 654 into without duress or threat of termination and must include 655 all elements of value, including goodwill and going-concern 656 value. If the parties are unable to agree on the fair market 657 valuation, the dispute must be resolved as provided in this 658 section. A craft brewery terminating an agreement under this 659 paragraph may not do so more than once in a 36-month period and 660 may not be deemed to be in violation of paragraph (5)(b). 661 (h)Nothing in this subsection may be construed to prohibit 662 a craft brewery and distributor from terminating their contract 663 by mutual consent. 664 (5)PROHIBITED ACTIONS.A craft brewery or a distributor of 665 malt beverages may not: 666 (a)Unreasonably discriminate or retaliate against the 667 other party in the application or performance of the terms of a 668 distribution agreement; 669 (b)Require or request payment, convey money or other 670 consideration, or accept any sum of money or other consideration 671 in exchange for the right to distribute the products of the 672 craft brewery in a designated territory, except for: 673 1.A craft brewerys request to a distributor to pay or 674 contribute any sum of money for or toward the cost of marketing 675 the products of the craft brewery, so long as the money 676 contributed by the distributor is spent by the craft brewery in 677 a manner and at such time as agreed to in writing by the craft 678 brewery and the distributor; and 679 2.Any payment pursuant to paragraph (4)(g). 680 (c)Unreasonably withhold consent to a proposed sale or 681 transfer, in whole or in part, of the stock or assets of the 682 craft brewery or distributor. A craft brewery or distributor may 683 not take more than 30 days to approve or disapprove such 684 proposal; or 685 (d)Fail to give at least 30 days advance notice of a 686 change in ownership or possession of an ownership interest, 687 whether by sale, transfer, gift, or grant of an option. 688 (6)SALES TERRITORIES. 689 (a)A distributor of malt beverages may not: 690 1.Refuse to enter into a distribution agreement with a 691 craft brewery, in whole or in part, except for good cause and in 692 good faith; or 693 2.Continue to distribute the craft brewerys products 30 694 days after receiving notice of termination of a distribution 695 agreement. However, any sums owed to the distributor by the 696 craft brewery or another distributor assuming the obligation to 697 distribute the craft brewerys product within the territory 698 encompassed by the terminated distribution agreement shall still 699 be owed. 700 (b)A craft brewery may not enter into a contract with more 701 than one distributor to sell any of its products or brands 702 within the same territory or area at the same time. This 703 paragraph does not apply to contracts entered into before 704 January 1, 2012, or future renewals of those contracts to the 705 extent the existing contract and the future renewal allow 706 different distributors to sell some but not all of the products 707 or brands. 708 (7)TERRITORY REPRESENTATION.A distributor that enters 709 into or renews a distribution agreement with a craft brewery 710 after July 1, 2025, shall maintain physical facilities and 711 personnel so that: 712 (a)The product and brand of the craft brewery are 713 reasonably represented in the territory of the distributor for 714 which the distribution agreement applies; 715 (b)The reputation and trade name of the craft brewery are 716 reasonably promoted and protected; and 717 (c)The public is fully serviced. 718 (8)TERMINATION BY DISTRIBUTOR.A distributor may terminate 719 a distribution agreement according to the terms of the agreement 720 or for any of the following reasons: 721 (a)The assignment or attempted assignment by the craft 722 brewery for the benefit of creditors; the institution of 723 proceedings in bankruptcy by or against the craft brewery; the 724 dissolution or liquidation of the craft brewery; or the 725 insolvency of the craft brewery. 726 (b)The felony conviction of a craft brewer or any of its 727 owners who participate in the craft brewerys management which, 728 in the judgment of the distributor, may adversely affect the 729 goodwill or interests of the distributor. 730 (c)Fraudulent or discriminatory conduct of the craft 731 brewery in any of its dealings with the distributor or the 732 distributors brands. 733 (d)Revocation or suspension for more than 31 days of the 734 craft brewerys federal basic permit or any state or local 735 license required of the craft brewery for the normal operation 736 of its business. 737 (e)The craft brewery effectuates a change in ownership or 738 possession of ownership interests, establishes a trust or other 739 ownership interest, enters into a buy-sell agreement, or grants 740 an option to purchase an ownership interest without the 741 distributors consent; provided, however, this right of 742 termination may not apply to the transfer, creation, sale, gift, 743 or grant of an ownership interest, or option thereon, of a total 744 aggregate of less than 10 percent of the total existing 745 ownership or possession of ownership interest of the craft 746 brewery or intrafamily transfer. 747 (f)In the case of a craft brewery whose products represent 748 5 percent or less of a distributors gross annual sales, the 749 giving of a 45-day notice of termination and payment to the 750 craft brewery of reasonable compensation, which shall be 751 determined to be a sum equal to 5 times the monthly average of 752 purchases from the craft brewery over the 12 months preceding 753 the termination. 754 (g)This subsection may not be construed to prohibit a 755 craft brewery and distributor from terminating their contract by 756 mutual consent. 757 (9)REPURCHASE OF PRODUCTS.In the event of the termination 758 of a contract between a craft brewery and a distributor, the 759 craft brewery shall repurchase all of its products still in the 760 distributors inventory upon return from the distributor, 761 provided that the best by, expiration, or other similar 762 printed date is greater than 30 days after the date of the 763 return of the product. 764 (10)ATTORNEY FEES.Any craft brewery or distributor that 765 violates this section must pay the injured party all reasonable 766 damages sustained as well as any reasonable costs and attorney 767 fees incurred by the craft brewery or distributor. 768 (11)ALTERNATIVE DISPUTE RESOLUTION.In the event a craft 769 brewery and distributor cannot agree on the fair market value as 770 described in subsection (4), the parties must resolve the 771 dispute in accordance with the following: 772 (a)If the parties fail to reach an agreement within 30 773 days after the distributor receives the craft brewerys written 774 notice to terminate, the distributor or craft brewery may send a 775 written notice to the other party and the American Arbitration 776 Association, or its equivalent successor, declaring the partys 777 intention to proceed with final and binding arbitration 778 administered by the association under the associations 779 Commercial Arbitration Rules. Thereafter, an arbitration 780 proceeding shall be held for the purpose of determining the fair 781 market value of the distributors total investment in the craft 782 brewerys products being terminated. For the purpose of this 783 paragraph, fair market value means the value that would be 784 determined in an arms length transaction entered into without 785 duress or threat of termination of the existing distributors 786 right and must include all elements of value, including goodwill 787 and going-concern value. 788 (b)Notice of intent to arbitrate must be sent, as provided 789 in paragraph (a), within 35 days after the distributor receives 790 written notice to terminate. The arbitration proceeding must be 791 concluded within 45 days after the date the notice of intent to 792 arbitrate is mailed to a party. 793 (c)Any arbitration proceeding held pursuant to this 794 subsection must be conducted in this state. 795 (d)Any arbitration proceeding held pursuant to this 796 subsection must be conducted before one impartial arbitrator. 797 (e)An arbitrators award in any arbitration proceeding 798 held pursuant to this subsection shall be monetary only and may 799 not enjoin or compel conduct. Any arbitration held pursuant to 800 this subsection takes precedence over any other remedies and 801 procedures. 802 (f)All costs related to the arbitration proceeding shall 803 be equally divided by the parties engaged in the arbitration. 804 All other costs shall be paid by the party incurring them. 805 (g)The arbitrator shall render a decision within 30 days 806 after the conclusion of the arbitration, unless this time period 807 is extended by mutual agreement of the parties or by the 808 arbitrator. The decision of the arbitrator is final and binding. 809 The parties may not appeal the decision of the arbitrator. 810 (h)A party that fails to participate in the arbitration 811 proceedings pursuant to this subsection waives all rights the 812 party would have had in the arbitration and is considered to 813 have consented to the determination of the arbitrator. 814 (i)This subsection may not be construed to limit or 815 prohibit good-faith settlements voluntarily entered into by the 816 parties. 817 Section 9.Section 563.042, Florida Statutes, is created to 818 read: 819 563.042Contract brewing and alternating proprietorships. 820 (1)As used in this section, the term: 821 (a)Alternating proprietorship brewing means an agreement 822 between a host brewer and guest brewer wherein the guest brewer 823 manufactures malt beverages on the host brewers licensed 824 premises. 825 (b)Contract brewer means a licensed manufacturer of malt 826 beverages who brews such beverages on its licensed premises for 827 a contracting brewer. 828 (c)Contract brewing means an agreement between a 829 contract brewer and a contracting brewer wherein the contract 830 brewer brews malt beverages on its licensed premises for a 831 contracting brewer. 832 (d)Contracting brewer means a licensed manufacturer of 833 malt beverages who contracts for the services of malt beverage 834 brewing with a contract brewer. 835 (e)Guest brewer means a licensed manufacturer of malt 836 beverages who brews malt beverages at a host brewers licensed 837 premises. 838 (f)Host brewer means a licensed manufacturer of malt 839 beverages who allows a guest brewer to brew malt beverages at 840 the host brewers licensed premises. 841 (2)Notwithstanding any other provision of the Beverage 842 Law, contract brewers are authorized to transfer malt beverages 843 to contracting brewers in an amount up to the yearly production 844 amount at a contracting brewers facility pursuant to a contract 845 brewing agreement entered into in accordance with this section. 846 Such beverages may be transferred to the contracting brewers 847 licensed facility as provided in s. 561.221(2)(c). 848 (3)A contract brewer may contract with one or more 849 contracting brewers for the purpose of manufacturing malt 850 beverages for such licensees. The contract brewer is responsible 851 for complying with federal and state law relating to the 852 manufacturing of malt beverages, including labeling laws, and 853 for the payment of all federal and state taxes on any malt 854 beverage manufactured pursuant to this section after removing 855 the malt beverages from the manufacturers licensed premises. 856 Title to the malt beverages remains with the contract brewer 857 until the malt beverages are removed from the licensed premises. 858 (4)Each entity engaged in the activities described in this 859 section shall maintain records, including the agreement 860 authorizing the manufacturing and transfer of malt beverages, 861 records of the amount of malt beverages manufactured as part of 862 the agreement, and all other records required by the division to 863 ensure compliance with the Beverage Law. 864 (5)Licensed manufacturers of malt beverages intending to 865 engage in contract brewing must do all of the following: 866 (a)Notify the division of the intent to operate as a 867 contract brewer or contracting brewer before engaging in 868 contract brewing, and disclose the location of licensed premises 869 where brewing will occur, on forms provided by the division. 870 Contracting brewers may only engage in the manufacture of malt 871 beverages at their duly licensed premises and at the disclosed 872 licensed premises of a contract brewer. 873 (b)Make a full and complete report to the division by the 874 10th day of each month. Contract brewers shall report the volume 875 of a label of malt beverages manufactured upon the licensed 876 premises. Contracting brewers shall report the volume of a label 877 of malt beverages manufactured at the licensed premises of the 878 contract brewer. 879 (c)Maintain all records required to be kept by 880 manufacturers of malt beverages under the Beverage Law. 881 (6)Before engaging in alternating proprietorship brewing, 882 an entity seeking to become a host brewer or a guest brewer must 883 qualify as a brewer with the National Revenue Center within the 884 United States Department of the Treasury and submit the 885 following information to the division on a form approved by the 886 division: 887 (a)The name of the host brewer. 888 (b)The name of the guest brewer. 889 (c)The location where the alternating proprietorship 890 brewing will take place. 891 (d)The location where any product brewed pursuant to the 892 alternating proprietorship brewing arrangement will be stored. 893 (e)The amount of malt beverages to be produced under the 894 alternating proprietorship brewing arrangement. 895 (f)The timeframe in which the guest brewer will be 896 manufacturing malt beverages on the host brewers licensed 897 premises. 898 (g)Proof of occupancy rights to the host brewers licensed 899 premises for the duration of the alternating proprietorship 900 brewing arrangement. 901 (h)Any other information reasonably deemed necessary by 902 the division to ensure the health, safety, and welfare of the 903 people in this state, and to ensure that all applicable taxes on 904 the malt beverages produced pursuant to an alternating 905 proprietorship brewing arrangement are remitted to the state. 906 (7)Each guest brewers malt beverages must remain separate 907 and identifiable from the beer of all other tenants at the 908 contract brewers licensed premises at all times. 909 (8)Each guest brewer shall make a full and complete report 910 to the division by the 10th day of each month. Guest brewers 911 shall report the volume of each label of malt beverages 912 manufactured upon each licensed premises. Host brewers shall 913 report the volume of each label of malt beverages manufactured 914 at the licensed premises of the host brewer. 915 (9)The guest brewer is responsible for complying with all 916 federal and state law dealing with the manufacturing of malt 917 beverages, including labeling laws, and for the payment of all 918 federal and state taxes on any beer manufactured pursuant to 919 this section upon removal of the beer from the manufacturers 920 licensed premises. Title to the malt beverages remains with the 921 guest brewer. 922 (10)Manufacturers or vendors licensed pursuant to s. 923 561.221(3) may not engage in contract brewing or alternating 924 proprietorship brewing. 925 (11)The division may adopt rules and forms pursuant to ss. 926 120.536(1) and 120.54 to implement this section. 927 Section 10.Paragraph (b) of subsection (4) of section 928 212.08, Florida Statutes, is amended to read: 929 212.08Sales, rental, use, consumption, distribution, and 930 storage tax; specified exemptions.The sale at retail, the 931 rental, the use, the consumption, the distribution, and the 932 storage to be used or consumed in this state of the following 933 are hereby specifically exempt from the tax imposed by this 934 chapter. 935 (4)EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC. 936 (b)Alcoholic beverages and malt beverages are not exempt. 937 The terms alcoholic beverages and malt beverages as used in 938 this paragraph have the same meanings ascribed to them in ss. 939 561.01 and 563.01 ss. 561.01(4) and 563.01, respectively. It is 940 determined by the Legislature that the classification of 941 alcoholic beverages made in this paragraph for the purpose of 942 extending the tax imposed by this chapter is reasonable and 943 just, and it is intended that such tax be separate from, and in 944 addition to, any other tax imposed on alcoholic beverages. 945 Section 11.Paragraphs (a), (b), and (f) of subsection (2) 946 of section 561.20, Florida Statutes, are amended to read: 947 561.20Limitation upon number of licenses issued. 948 (2)(a)The limitation of the number of licenses as provided 949 in this section does not prohibit the issuance of a special 950 license to: 951 1.Any bona fide hotel, motel, or motor court of not fewer 952 than 80 guest rooms in any county having a population of less 953 than 50,000 residents, and of not fewer than 100 guest rooms in 954 any county having a population of 50,000 residents or greater; 955 or any bona fide hotel or motel located in a historic structure, 956 as defined in s. 561.01 s. 561.01(20), with fewer than 100 guest 957 rooms which derives at least 51 percent of its gross revenue 958 from the rental of hotel or motel rooms, which is licensed as a 959 public lodging establishment by the Division of Hotels and 960 Restaurants; provided, however, that a bona fide hotel or motel 961 with no fewer than 10 and no more than 25 guest rooms which is a 962 historic structure, as defined in s. 561.01 s. 561.01(20), in a 963 municipality that on the effective date of this act has a 964 population, according to the University of Floridas Bureau of 965 Economic and Business Research Estimates of Population for 1998, 966 of no fewer than 25,000 and no more than 35,000 residents and 967 that is within a constitutionally chartered county may be issued 968 a special license. This special license shall allow the sale and 969 consumption of alcoholic beverages only on the licensed premises 970 of the hotel or motel. In addition, the hotel or motel must 971 derive at least 60 percent of its gross revenue from the rental 972 of hotel or motel rooms and the sale of food and nonalcoholic 973 beverages; provided that this subparagraph shall supersede local 974 laws requiring a greater number of hotel rooms; 975 2.Any condominium accommodation of which no fewer than 100 976 condominium units are wholly rentable to transients and which is 977 licensed under chapter 509, except that the license shall be 978 issued only to the person or corporation that operates the hotel 979 or motel operation and not to the association of condominium 980 owners; 981 3.Any condominium accommodation of which no fewer than 50 982 condominium units are wholly rentable to transients, which is 983 licensed under chapter 509, and which is located in any county 984 having home rule under s. 10 or s. 11, Art. VIII of the State 985 Constitution of 1885, as amended, and incorporated by reference 986 in s. 6(e), Art. VIII of the State Constitution, except that the 987 license shall be issued only to the person or corporation that 988 operates the hotel or motel operation and not to the association 989 of condominium owners; 990 4.A bona fide food service establishment that has a 991 minimum of 2,000 square feet of service area, is equipped to 992 serve meals to 120 persons at one time, has at least 120 993 physical seats available for patrons to use during operating 994 hours, holds itself out as a restaurant, and derives at least 51 995 percent of its gross food and beverage revenue from the sale of 996 food and nonalcoholic beverages during the first 120-day 997 operating period and the first 12-month operating period 998 thereafter. Subsequent audit timeframes must be based upon the 999 audit percentage established by the most recent audit and 1000 conducted on a staggered scale as follows: level 1, 51 percent 1001 to 60 percent, every year; level 2, 61 percent to 75 percent, 1002 every 2 years; level 3, 76 percent to 90 percent, every 3 years; 1003 and level 4, 91 percent to 100 percent, every 4 years. A 1004 licensee under this subparagraph may sell or deliver alcoholic 1005 beverages in a sealed container for off-premises consumption if 1006 the sale or delivery is accompanied by the sale of food within 1007 the same order. Such authorized sale or delivery includes wine 1008 based and liquor-based beverages prepared by the licensee or its 1009 employee and packaged in a container sealed by the licensee or 1010 its employee. This subparagraph may not be construed to 1011 authorize public food service establishments licensed under this 1012 subparagraph to sell a bottle of distilled spirits sealed by a 1013 manufacturer. Any sale or delivery of malt beverages must comply 1014 with the container size, labeling, and filling requirements 1015 imposed under s. 563.06. Any delivery of an alcoholic beverage 1016 under this subparagraph must comply with s. 561.57. An alcoholic 1017 beverage drink prepared by the vendor and sold or delivered for 1018 consumption off the premises must be placed in a container 1019 securely sealed by the licensee or its employees with an 1020 unbroken seal that prevents the beverage from being immediately 1021 consumed before removal from the premises. Such alcoholic 1022 beverage also must be placed in a bag or other container that is 1023 secured in such a manner that it is visibly apparent if the 1024 container has been subsequently opened or tampered with, and a 1025 dated receipt for the alcoholic beverage and food must be 1026 provided by the licensee and attached to the bag or container. 1027 If transported in a motor vehicle, an alcoholic beverage that is 1028 not in a container sealed by the manufacturer must be placed in 1029 a locked compartment, a locked trunk, or the area behind the 1030 last upright seat of a motor vehicle. It is a violation of the 1031 prohibition in s. 562.11 to allow any person under the age of 21 1032 to deliver alcoholic beverages on behalf of a vendor. The vendor 1033 or the agent or employee of the vendor must verify the age of 1034 the person making the delivery of the alcoholic beverage before 1035 allowing any person to take possession of an alcoholic beverage 1036 for the purpose of making a delivery on behalf of a vendor under 1037 this section. A food service establishment granted a special 1038 license on or after January 1, 1958, pursuant to general or 1039 special law may not operate as a package store and may not sell 1040 intoxicating beverages under such license after the hours of 1041 serving or consumption of food have elapsed. Failure by a 1042 licensee to meet the required percentage of food and 1043 nonalcoholic beverage gross revenues during the covered 1044 operating period shall result in revocation of the license or 1045 denial of the pending license application. A licensee whose 1046 license is revoked or an applicant whose pending application is 1047 denied, or any person required to qualify on the special license 1048 application, is ineligible to have any interest in a subsequent 1049 application for such a license for a period of 120 days after 1050 the date of the final denial or revocation; 1051 5.Any caterer, deriving at least 51 percent of its gross 1052 food and beverage revenue from the sale of food and nonalcoholic 1053 beverages at each catered event, licensed by the Division of 1054 Hotels and Restaurants under chapter 509. This subparagraph does 1055 not apply to a culinary education program, as defined in s. 1056 381.0072(2), which is licensed as a public food service 1057 establishment by the Division of Hotels and Restaurants and 1058 provides catering services. Notwithstanding any law to the 1059 contrary, a licensee under this subparagraph shall sell or serve 1060 alcoholic beverages only for consumption on the premises of a 1061 catered event at which the licensee is also providing prepared 1062 food, and shall prominently display its license at any catered 1063 event at which the caterer is selling or serving alcoholic 1064 beverages. A licensee under this subparagraph shall purchase all 1065 alcoholic beverages it sells or serves at a catered event from a 1066 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 1067 under s. 565.02(1) subject to the limitation imposed in 1068 subsection (1), as appropriate. A licensee under this 1069 subparagraph may not store any alcoholic beverages to be sold or 1070 served at a catered event. Any alcoholic beverages purchased by 1071 a licensee under this subparagraph for a catered event that are 1072 not used at that event must remain with the customer; provided 1073 that if the vendor accepts unopened alcoholic beverages, the 1074 licensee may return such alcoholic beverages to the vendor for a 1075 credit or reimbursement. Regardless of the county or counties in 1076 which the licensee operates, a licensee under this subparagraph 1077 shall pay the annual state license tax set forth in s. 1078 565.02(1)(b). A licensee under this subparagraph must maintain 1079 for a period of 3 years all records and receipts for each 1080 catered event, including all contracts, customers names, event 1081 locations, event dates, food purchases and sales, alcoholic 1082 beverage purchases and sales, nonalcoholic beverage purchases 1083 and sales, and any other records required by the department by 1084 rule to demonstrate compliance with the requirements of this 1085 subparagraph. Notwithstanding any law to the contrary, any 1086 vendor licensed under s. 565.02(1) subject to the limitation 1087 imposed in subsection (1), may, without any additional licensure 1088 under this subparagraph, serve or sell alcoholic beverages for 1089 consumption on the premises of a catered event at which prepared 1090 food is provided by a caterer licensed under chapter 509. If a 1091 licensee under this subparagraph also possesses any other 1092 license under the Beverage Law, the license issued under this 1093 subparagraph may not authorize the holder to conduct activities 1094 on the premises to which the other license or licenses apply 1095 that would otherwise be prohibited by the terms of that license 1096 or the Beverage Law. This section does not permit the licensee 1097 to conduct activities that are otherwise prohibited by the 1098 Beverage Law or local law. The Division of Alcoholic Beverages 1099 and Tobacco is hereby authorized to adopt rules to administer 1100 the license created in this subparagraph, to include rules 1101 governing licensure, recordkeeping, and enforcement. The first 1102 $300,000 in fees collected by the division each fiscal year 1103 pursuant to this subparagraph shall be deposited in the 1104 Department of Children and Families Operations and Maintenance 1105 Trust Fund to be used only for alcohol and drug abuse education, 1106 treatment, and prevention programs. The remainder of the fees 1107 collected shall be deposited into the Hotel and Restaurant Trust 1108 Fund created pursuant to s. 509.072; or 1109 6.A culinary education program as defined in s. 1110 381.0072(2) which is licensed as a public food service 1111 establishment by the Division of Hotels and Restaurants. 1112 a.This special license shall allow the sale and 1113 consumption of alcoholic beverages on the licensed premises of 1114 the culinary education program. The culinary education program 1115 shall specify designated areas in the facility where the 1116 alcoholic beverages may be consumed at the time of application. 1117 Alcoholic beverages sold for consumption on the premises may be 1118 consumed only in areas designated under s. 561.01 s. 561.01(11) 1119 and may not be removed from the designated area. Such license 1120 shall be applicable only in and for designated areas used by the 1121 culinary education program. 1122 b.If the culinary education program provides catering 1123 services, this special license shall also allow the sale and 1124 consumption of alcoholic beverages on the premises of a catered 1125 event at which the licensee is also providing prepared food. A 1126 culinary education program that provides catering services is 1127 not required to derive at least 51 percent of its gross revenue 1128 from the sale of food and nonalcoholic beverages. 1129 Notwithstanding any law to the contrary, a licensee that 1130 provides catering services under this sub-subparagraph shall 1131 prominently display its beverage license at any catered event at 1132 which the caterer is selling or serving alcoholic beverages. 1133 Regardless of the county or counties in which the licensee 1134 operates, a licensee under this sub-subparagraph shall pay the 1135 annual state license tax set forth in s. 565.02(1)(b). A 1136 licensee under this sub-subparagraph must maintain for a period 1137 of 3 years all records required by the department by rule to 1138 demonstrate compliance with the requirements of this sub 1139 subparagraph. 1140 c.If a licensee under this subparagraph also possesses any 1141 other license under the Beverage Law, the license issued under 1142 this subparagraph does not authorize the holder to conduct 1143 activities on the premises to which the other license or 1144 licenses apply that would otherwise be prohibited by the terms 1145 of that license or the Beverage Law. This subparagraph does not 1146 permit the licensee to conduct activities that are otherwise 1147 prohibited by the Beverage Law or local law. Any culinary 1148 education program that holds a license to sell alcoholic 1149 beverages shall comply with the age requirements set forth in 1150 ss. 562.11(4), 562.111(2), and 562.13. 1151 d.The Division of Alcoholic Beverages and Tobacco may 1152 adopt rules to administer the license created in this 1153 subparagraph, to include rules governing licensure, 1154 recordkeeping, and enforcement. 1155 e.A license issued pursuant to this subparagraph does not 1156 permit the licensee to sell alcoholic beverages by the package 1157 for off-premises consumption. 1158 1159 However, any license heretofore issued to any such hotel, motel, 1160 motor court, or restaurant or hereafter issued to any such 1161 hotel, motel, or motor court, including a condominium 1162 accommodation, under the general law may not be moved to a new 1163 location, such license being valid only on the premises of such 1164 hotel, motel, motor court, or restaurant. Licenses issued to 1165 hotels, motels, motor courts, or restaurants under the general 1166 law and held by such hotels, motels, motor courts, or 1167 restaurants on May 24, 1947, shall be counted in the quota 1168 limitation contained in subsection (1). Any license issued for 1169 any hotel, motel, or motor court under this law shall be issued 1170 only to the owner of the hotel, motel, or motor court or, in the 1171 event the hotel, motel, or motor court is leased, to the lessee 1172 of the hotel, motel, or motor court; and the license shall 1173 remain in the name of the owner or lessee so long as the license 1174 is in existence. Any special license now in existence heretofore 1175 issued under this law cannot be renewed except in the name of 1176 the owner of the hotel, motel, motor court, or restaurant or, in 1177 the event the hotel, motel, motor court, or restaurant is 1178 leased, in the name of the lessee of the hotel, motel, motor 1179 court, or restaurant in which the license is located and must 1180 remain in the name of the owner or lessee so long as the license 1181 is in existence. Any license issued under this section shall be 1182 marked Special, and nothing herein provided shall limit, 1183 restrict, or prevent the issuance of a special license for any 1184 restaurant or motel which shall hereafter meet the requirements 1185 of the law existing immediately before the effective date of 1186 this act, if construction of such restaurant has commenced 1187 before the effective date of this act and is completed within 30 1188 days thereafter, or if an application is on file for such 1189 special license at the time this act takes effect; and any such 1190 licenses issued under this proviso may be annually renewed as 1191 now provided by law. Nothing herein prevents an application for 1192 transfer of a license to a bona fide purchaser of any hotel, 1193 motel, motor court, or restaurant by the purchaser of such 1194 facility or the transfer of such license pursuant to law. 1195 (b)Any county in which special licenses were issued under 1196 the provisions of s. 561.20(2)(b) in effect prior to the 1197 effective date of this act shall continue to qualify for such 1198 licenses pursuant to those provisions in effect prior to the 1199 effective date of this act, and shall not be affected by the 1200 provisions of paragraph (a), except that in such counties, any 1201 restaurant located in a specialty center built on governmentally 1202 owned land shall be subject to the provisions of paragraph (a). 1203 1.A specialty center means any development having at least 1204 50,000 square feet of leasable area, containing restaurants, 1205 entertainment facilities, and specialty shops, and located 1206 adjacent to a navigable water body. Alcoholic beverages sold for 1207 consumption on the premises by a vendor in a specialty center 1208 may be consumed within the specialty center but may not be 1209 removed from such premises. 1210 2.A specialty center also means any enclosed development 1211 that has at least 170,000 square feet of leasable area that is 1212 under the dominion and physical control of the owner or manager 1213 of the enclosed development, containing restaurants, 1214 entertainment facilities, specialty shops, and a movie theater 1215 with at least 18 operating screens. Alcoholic beverages sold for 1216 consumption on the premises by a vendor in a specialty center 1217 may be consumed only in areas designated pursuant to s. 1218 561.01(11) and may not be removed from the designated area. 1219 (f)In addition to the exceptions set forth in this 1220 subsection, no such limitation of the number of licenses as 1221 herein provided shall prohibit the issuance of special airport 1222 licenses as defined in s. 561.01 s. 561.01(12) to restaurants 1223 that are a part of, or serve, publicly owned or leased airports. 1224 The special airport license provided for herein shall allow for 1225 consumption within designated areas of the airport terminal as 1226 defined in s. 561.01 s. 561.01(13). Any holder of such special 1227 license located at a publicly owned and operated airport may 1228 sell and serve alcoholic beverages for consumption on the 1229 premises to the general public under such license in not more 1230 than four places or locations in control of the holder of such 1231 license. Any license so issued may not be transferred to a new 1232 location, except that a vendor operating a place of business 1233 under a special license may transfer such license when the 1234 publicly owned or leased airport at which the vendor operates a 1235 place of business under a special license moves its terminal 1236 facilities on the same airport premises, or when the airport is 1237 required by law to move its entire operation to a new location. 1238 Any license so issued shall entitle the vendor operating a place 1239 of business under such license to sell to airlines vinous 1240 beverages and distilled spirits in sealed miniature containers 1241 and other alcoholic beverages for consumption on the aircraft 1242 using the facility, but only for consumption by the passengers 1243 of the aircraft when such aircraft is airborne. 1244 Section 12.Subsection (2) of section 561.4205, Florida 1245 Statutes, is amended to read: 1246 561.4205Keg deposits; limited alternative inventory and 1247 reconciliation process. 1248 (2)In lieu of receiving a keg deposit, a distributor 1249 selling alcoholic beverages by recyclable keg or other similar 1250 reusable container for the purpose of sale in draft form to a 1251 vendor identified in s. 561.01 s. 561.01(18) or s. 565.02(6) or 1252 (7) shall implement an inventory and reconciliation process with 1253 such vendor in which an accounting of kegs is completed and any 1254 loss or variance in the number of kegs is paid for by the vendor 1255 on a per-keg basis equivalent to the required keg deposit. This 1256 inventory and reconciliation process may occur twice per year, 1257 at the discretion of the distributor, but must occur at least 1258 annually. Upon completion of an agreed upon keg inventory and 1259 reconciliation, the vendor shall remit payment within 15 days 1260 after receiving an invoice from the distributor. The vendor may 1261 choose to establish and fund a separate account with the 1262 distributor for the purpose of expediting timely payments. 1263 Section 13.Subsection (2) of section 562.14, Florida 1264 Statutes, is amended to read: 1265 562.14Regulating the time for sale of alcoholic and 1266 intoxicating beverages; prohibiting use of licensed premises. 1267 (2)Except as otherwise provided by county or municipal 1268 ordinance, no vendor issued an alcoholic beverage license to 1269 sell alcoholic beverages for consumption on the vendors 1270 licensed premises and whose principal business is the sale of 1271 alcoholic beverages, shall allow the licensed premises, as 1272 defined in s. 561.01 s. 561.01(11), to be rented, leased, or 1273 otherwise used during the hours in which the sale of alcoholic 1274 beverages is prohibited. However, this prohibition shall not 1275 apply to the rental, lease, or other use of the licensed 1276 premises on Sundays after 8 a.m. Further, neither this 1277 subsection, nor any local ordinance adopted pursuant to this 1278 subsection, shall be construed to apply to a theme park complex 1279 as defined in s. 565.02(6) or an entertainment/resort complex as 1280 defined in s. 561.01 s. 561.01(18). 1281 Section 14.Paragraph (a) of subsection (1) of section 1282 768.36, Florida Statutes, is amended to read: 1283 768.36Alcohol or drug defense. 1284 (1)As used in this section, the term: 1285 (a)Alcoholic beverage means distilled spirits and any 1286 beverage that contains 0.5 percent or more alcohol by volume as 1287 determined in accordance with s. 561.01(2)(b) s. 561.01(4)(b). 1288 Section 15.Paragraph (b) of subsection (1) of section 1289 817.36, Florida Statutes, is amended to read: 1290 817.36Resale of tickets. 1291 (1)A person or entity that offers for resale or resells 1292 any ticket may charge only $1 above the admission price charged 1293 therefor by the original ticket seller of the ticket for the 1294 following transactions: 1295 (b)Multiday or multievent tickets to a park or 1296 entertainment complex or to a concert, entertainment event, 1297 permanent exhibition, or recreational activity within such a 1298 park or complex, including an entertainment/resort complex as 1299 defined in s. 561.01 s. 561.01(18). 1300 Section 16.Paragraph (a) of subsection (1) of section 1301 856.015, Florida Statutes, is amended to read: 1302 856.015Open house parties. 1303 (1)Definitions.As used in this section: 1304 (a)Alcoholic beverage means distilled spirits and any 1305 beverage containing 0.5 percent or more alcohol by volume. The 1306 percentage of alcohol by volume shall be determined in 1307 accordance with s. 561.01(2)(b) the provisions of s. 1308 561.01(4)(b). 1309 Section 17.Subsection (8) of section 1006.09, Florida 1310 Statutes, is amended to read: 1311 1006.09Duties of school principal relating to student 1312 discipline and school safety. 1313 (8)The school principal shall require all school personnel 1314 to report to the principal or principals designee any suspected 1315 unlawful use, possession, or sale by a student of any controlled 1316 substance, as defined in s. 893.02; any counterfeit controlled 1317 substance, as defined in s. 831.31; any alcoholic beverage, as 1318 defined in s. 561.01 s. 561.01(4); or model glue. School 1319 personnel are exempt from civil liability when reporting in good 1320 faith to the proper school authority such suspected unlawful 1321 use, possession, or sale by a student. Only a principal or 1322 principals designee is authorized to contact a parent or legal 1323 guardian of a student regarding this situation. Reports made and 1324 verified under this subsection shall be forwarded to an 1325 appropriate agency. The principal or principals designee shall 1326 timely notify the students parent that a verified report made 1327 under this subsection with respect to the student has been made 1328 and forwarded. 1329 Section 18.For the purpose of incorporating the amendment 1330 made by this act to section 561.221, Florida Statutes, in a 1331 reference thereto, paragraph (a) of subsection (7) of section 1332 563.06, Florida Statutes, is reenacted to read: 1333 563.06Malt beverages; imprint on individual container; 1334 size of containers; exemptions. 1335 (7)Notwithstanding any other provision of the Beverage 1336 Law, a malt beverage may be packaged in a growler, which is an 1337 individual container that holds 32, 64, or 128 ounces of such 1338 malt beverage if it is filled at the point of sale. 1339 (a)A growler may be filled or refilled by any of the 1340 following: 1341 1.A licensed manufacturer of malt beverages holding a 1342 vendors license under s. 561.221(2). 1343 2.A vendor holding a quota license under s. 561.20(1) or 1344 s. 565.02(1)(a) which authorizes the sale of malt beverages. 1345 3.A vendor holding a license under s. 563.02(1)(b)-(f), s. 1346 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless such license 1347 restricts the sale of malt beverages to sale for consumption 1348 only on the premises of such vendor. 1349 4.A vendor holding a license pursuant to s. 563.02(1)(a) 1350 or s. 564.02(1)(a), having held that license in current, active 1351 status on June 30, 2015, subject to the following requirements: 1352 a.The vendor proves, to the satisfaction of the division, 1353 that the vendor had draft equipment and tapping accessories 1354 installed and had purchased kegs before June 30, 2015. 1355 b.The growlers are filled or refilled by the vendor or the 1356 vendors employee aged 18 or older. 1357 c.The taps or mechanisms used to fill or refill the 1358 growlers are not accessible to customers. 1359 d.The growlers meet the labeling and sealing requirements 1360 of paragraph (b). 1361 e.The vendor does not permit consumption on premises, 1362 including tastings or other sampling activities. 1363 Section 19.For the purpose of incorporating the amendment 1364 made by this act to section 561.221, Florida Statutes, in a 1365 reference thereto, section 563.13, Florida Statutes, is 1366 reenacted to read: 1367 563.13Florida brewery directional signs; fees.Upon the 1368 request of a brewery licensed under s. 561.221(2) or (3) which 1369 produces a minimum of 2,500 barrels per year on the premises, is 1370 open to the public at least 30 hours per week, and is available 1371 for tours, the Department of Transportation shall install 1372 directional signs for the brewery on the rights-of-way of 1373 interstate highways and primary and secondary roads in 1374 accordance with Floridas Highway Guide Sign Program as provided 1375 in chapter 14-51, Florida Administrative Code. A brewery 1376 licensed in this state which requests placement of a directional 1377 sign through the departments permit process shall pay all 1378 associated costs. 1379 Section 20.For the purpose of incorporating the amendment 1380 made by this act to section 561.57, Florida Statutes, in a 1381 reference thereto, section 562.07, Florida Statutes, is 1382 reenacted to read: 1383 562.07Illegal transportation of beverages.It is unlawful 1384 for alcoholic beverages to be transported in quantities of more 1385 than 12 bottles except as follows: 1386 (1)By common carriers; 1387 (2)In the owned or leased vehicles of licensed vendors or 1388 any persons authorized in s. 561.57(3) transporting alcoholic 1389 beverage purchases from the distributors place of business to 1390 the vendors licensed place of business or off-premises storage 1391 for alcoholic beverages purchased and transported as provided 1392 for in the alcoholic beverage law; 1393 (3)By individuals who possess such beverages not for 1394 resale within the state; 1395 (4)By licensed manufacturers, distributors, or vendors 1396 transporting alcoholic beverages pursuant to s. 561.57; and 1397 (5)By a vendor, distributor, pool buying agent, or 1398 salesperson of wine and spirits as outlined in s. 561.57(4). 1399 Section 21.For the purpose of incorporating the amendment 1400 made by this act to section 561.57, Florida Statutes, in a 1401 reference thereto, subsection (1) of section 565.045, Florida 1402 Statutes, is reenacted to read: 1403 565.045Regulations for consumption on premises; penalty; 1404 exemptions. 1405 (1)Vendors licensed under s. 565.02(1)(b)-(f): 1406 (a)Shall provide seats for the use of their customers; 1407 (b)May sell or deliver alcoholic beverages by the drink or 1408 in sealed containers for consumption on or off the premises 1409 where sold; and 1410 (c)May sell or deliver alcoholic beverages prepared by the 1411 licensee for off-premises consumption if the alcoholic beverage 1412 is in a container sealed by the licensee. All sales or 1413 deliveries of alcoholic beverages made pursuant to this 1414 paragraph must satisfy the following requirements: 1415 1.The vendor must be licensed as a public food service 1416 establishment under chapter 509; 1417 2.The sale or delivery must be accompanied by the sale of 1418 food within the same order; 1419 3.The charge for the sale of food and nonalcoholic 1420 beverages must be at least 40 percent of the total charge for 1421 the order, excluding the charge for any manufacturer-sealed 1422 containers of alcoholic beverages included in the order; and 1423 4.Sales and deliveries of the alcoholic beverages may not 1424 occur after the vendor ceases preparing food on the licensed 1425 premises for the day or after midnight, whichever is earlier. 1426 1427 The requirement in subparagraph 3. does not apply to vendors 1428 licensed under s. 561.20(2)(a)4. 1429 (d)An alcoholic beverage drink prepared by the vendor and 1430 sold or delivered for consumption off the premises under 1431 paragraph (c) must be placed in a container securely sealed by 1432 the licensee or its employees with an unbroken seal that 1433 prevents the beverage from being immediately consumed before 1434 removal from the premises. Such alcoholic beverage also must be 1435 placed in a bag or other container that is secured in such a 1436 manner that it is visibly apparent if the container has been 1437 subsequently opened or tampered with, and a dated receipt for 1438 the alcoholic beverage and food must be provided by the licensee 1439 and attached to the bag or container. If transported in a motor 1440 vehicle, an alcoholic beverage that is not in a container sealed 1441 by the manufacturer must be placed in a locked compartment, a 1442 locked trunk, or the area behind the last upright seat of a 1443 motor vehicle. 1444 (e)Any delivery of an alcoholic beverage under this 1445 section must comply with s. 561.57. It is a violation of the 1446 prohibition in s. 562.11 to allow any person under the age of 21 1447 to deliver alcoholic beverages on behalf of a vendor. The vendor 1448 or the agent or employee of the vendor must verify the age of 1449 the person making the delivery of the alcoholic beverage before 1450 allowing any person to take possession of an alcoholic beverage 1451 for the purpose of making a delivery on behalf of a vendor under 1452 this section. 1453 Section 22.This act shall take effect July 1, 2025.