Bill > S1818

Introduced Session

An act relating to craft breweries; reordering and amending s. 561.01, F.S.; defining the terms “barrel” and “craft brewery”; amending s. 561.221, F.S.; providing that malt beverages and other alcoholic beverages that are manufactured under contract or by an alternating proprietorship by another licensed manufacturer may be transferred to a licensed facility; requiring that such beverages not owned by the manufacturer which are brewed by another manufacturer be obtained through a licensed distributor that is not also a licensed manufacturer, a licensed broker or sales agent, or a licensed importer; authorizing a craft brewery to sell and deliver up to a specified number of barrels of malt beverages annually to any licensed vendor, provided certain conditions are met; prohibiting a manufacturer that possesses a vendor’s license and that produces more than a specified number of barrels of malt beverages from making deliveries; authorizing a craft brewery to conduct tastings and sales of malt beverages at certain events; requiring the Division of Alcoholic Beverages and Tobacco to issue permits for such tastings and sales to such craft breweries; requiring such craft breweries to pay all entry fees and have a representative present at such events; providing that the permit is valid only for the duration and physical location of the event; revising a provision relating to the vendors that may be licensed as manufacturers of malt beverages; making technical changes; amending s. 561.37, F.S.; deleting a requirement that manufacturers and brewers file a surety bond with the division; amending s. 561.5101, F.S.; revising applicability relating to come-to-rest requirements; amending s. 561.57, F.S.; authorizing a craft brewery to transport malt beverages in vehicles owned or leased by the manufacturer or persons the manufacturer has disclosed in writing to the division; conforming a cross-reference; amending s. 563.02, F.S.; revising a requirement for certain manufacturers to pay a specified license tax; amending s. 563.022, F.S.; revising the definition of the term “manufacturer”; creating s. 563.023, F.S.; providing applicability; providing that certain distribution agreements are deemed to renew upon a specified date; requiring distribution agreements between a beer distributor and a craft brewery to be in writing; providing construction; providing that a distribution agreement may not require or authorize certain actions; authorizing a craft brewery to terminate a distribution agreement in certain circumstances; prohibiting certain actions from craft breweries or distributors of malt beverages; providing exceptions; prohibiting a distributor from refusing to enter into a distribution agreement with a craft brewery, except for good cause and in good faith; prohibiting a distributor from continuing to distribute a craft brewer’s product within a certain timeframe after receiving notice of a distribution agreement’s termination; providing that any sums owed to the distributor are still owed; prohibiting a craft brewery from entering into a contract with more than one distributor to sell any of its products or brands within the same territory at the same time; providing applicability; requiring a distributor that enters into or renews a distribution agreement with a craft brewery after a specified timeframe to maintain physical facilities and personnel for specified purposes; authorizing a distributor to terminate a distribution agreement according to the terms of the agreement or for specified reasons; requiring a craft brewery to repurchase all of its products in the possession of a distributor if a contract is terminated; requiring a craft brewery or distributor that violates this section to pay the injured party all reasonable damages, as well as reasonable costs and attorney fees; requiring a distributor and a craft brewery to enter into arbitration proceedings for specific disputes after a specified timeframe; requiring the parties to use the American Arbitration Association’s Commercial Arbitration Rules; defining the term “fair market value”; requiring that a notice of intent to enter arbitration be sent no later than a specified timeframe after receiving a notice to terminate a distribution agreement; requiring that proceedings be conducted in this state and in front of an impartial arbitrator; providing that an arbitrator’s award may only be monetary; prohibiting an arbitrator from enjoining or compelling conduct; providing that arbitration held pursuant to the act takes precedence over any other remedies and procedures; requiring that the costs of arbitration be equally divided between the parties engaged in arbitration; providing that all other costs are paid by the party that incurred them; requiring the arbitrator to render a decision within a specified timeframe, unless extended by mutual agreement or by the arbitrator; providing that the decision of the arbitrator is final and binding; prohibiting an appeal of the decision; providing that a party that fails to participate in arbitration waives all rights; providing construction; creating s. 563.042, F.S.; defining terms; authorizing contract brewers to transfer malt beverages to contracting brewers’ facilities up to a specified amount; authorizing a contract brewer to contract with one or more contracting brewers for a specified purpose; providing that the contract brewer is responsible for complying with federal and state law and for paying all federal and state taxes; providing that title to the malt beverages remains with the contract brewer until the malt beverages are removed from the licensed premises; requiring contract brewers and contracting brewers to maintain certain records required by the division; requiring licensed manufacturers that wish to engage in contract brewing to notify the division of its intention on forms provided by the division; requiring such licensed manufacturers to make a full and complete report to the division by a certain date; specifying what a contract brewer and a contracting brewer must include in such reports; requiring such licensed manufacturers to maintain all records required by the Beverage Law; requiring that an entity seeking to become a host brewer or a guest brewer for alternating proprietorship brewing first qualify as a brewer with the National Revenue Center; requiring such entities to submit a form to the division with specified information; requiring that a guest brewer’s malt beverages be separate and identifiable from the beer of all other tenants at the host brewer’s licensed premises; requiring a guest brewer to make a full and complete report of specified information to the division by a certain day each month; requiring a guest brewer to comply with all federal and state law and to pay all federal and state taxes; providing that title to the malt beverages remains with the guest brewer; prohibiting manufacturers or vendors from engaging in contract brewing or alternating proprietorship brewing; authorizing the division to adopt rules; amending ss. 212.08, 561.20, 561.4205, 562.14, 768.36, 817.36, 856.015, and 1006.09, F.S.; conforming cross-references; reenacting ss. 563.06(7)(a) and 563.13, F.S., relating to the size of malt beverage containers, and Florida brewery directional signs and fees, respectively, to incorporate the amendment made to s. 561.221, F.S., in references thereto; reenacting ss. 562.07 and 565.045(1), F.S., relating to illegal transportation of beverages and regulations for consumption on premises, penalty, and exemptions, respectively, to incorporate the amendment made to s. 561.57, F.S., in references thereto; providing an effective date.

AI Summary

Jay Collins (R)*, 

Died in Regulated Industries (on 06/16/2025)

Official Document