Bill Text: FL S0596 | 2015 | Regular Session | Enrolled

Bill Title: Craft Distilleries

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2015-05-22 - Chapter No. 2015-52, companion bill(s) passed, see CS/CS/SB 186 (Ch. 2015-12) [S0596 Detail]

Download: Florida-2015-S0596-Enrolled.html
       2015 Legislature             CS for CS for SB 596, 1st Engrossed
    2         An act relating to craft distilleries; amending s.
    3         565.03, F.S.; defining the term “branded product”;
    4         revising the current limitation on the number of
    5         containers that may be sold to consumers by craft
    6         distilleries; applying such limitation to individual
    7         containers for each branded product; prohibiting a
    8         craft distillery from shipping or arranging to ship
    9         any of its distilled spirits to consumers; providing
   10         an exception; requiring the Department of
   11         Transportation to install directional signs at
   12         specified locations in accordance with Florida’s
   13         Highway Guide Sign Program upon the request of a craft
   14         distillery licensed in this state; requiring the craft
   15         distillery licensed in this state to pay specified
   16         costs; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraphs (a) and (b) of subsection (1) of
   21  section 565.03, Florida Statutes, are redesignated as paragraphs
   22  (b) and (c), respectively, a new paragraph (a) is added to that
   23  subsection, subsection (6) of that section is redesignated as
   24  subsection (7), a new subsection (6) is added to that section,
   25  and paragraph (c) of subsection (2) of that section is amended,
   26  to read:
   27         565.03 License fees; manufacturers, distributors, brokers,
   28  sales agents, and importers of alcoholic beverages; vendor
   29  licenses and fees; craft distilleries.—
   30         (1) As used in this section, the term:
   31         (a) “Branded product” means any distilled spirits product
   32  manufactured on site, which requires a federal certificate and
   33  label approval by the Federal Alcohol Administration Act or
   34  regulations.
   35         (2)
   36         (c) A craft distillery licensed under this section may sell
   37  to consumers, at its souvenir gift shop, branded products
   38  spirits distilled on its premises in this state in factory
   39  sealed containers that are filled at the distillery for off
   40  premises consumption. Such sales are authorized only on private
   41  property contiguous to the licensed distillery premises in this
   42  state and included on the sketch or diagram defining the
   43  licensed premises submitted with the distillery’s license
   44  application. All sketch or diagram revisions by the distillery
   45  shall require the division’s approval verifying that the
   46  souvenir gift shop location operated by the licensed distillery
   47  is owned or leased by the distillery and on property contiguous
   48  to the distillery’s production building in this state.
   49         1. A craft distillery or licensed distillery may not sell
   50  any factory-sealed individual containers of spirits except in
   51  face-to-face sales transactions with consumers who are making a
   52  purchase of no more than:
   53         a. Two individual containers of each branded product;
   54         b. Three individual containers of a single branded product
   55  and up to one individual container of a second branded product;
   56  or
   57         c. Four individual containers of a single branded product.
   58         2. Each container sold in face-to-face transactions with
   59  consumers must two or fewer individual containers, that comply
   60  with the container limits in s. 565.10, per calendar year for
   61  the consumer’s personal use and not for resale and who are
   62  present at the distillery’s licensed premises in this state.
   63         3.1. A craft distillery must report to the division within
   64  5 days after it reaches the production limitations provided in
   65  paragraph (1)(b) (1)(a). Any retail sales to consumers at the
   66  craft distillery’s licensed premises are prohibited beginning
   67  the day after it reaches the production limitation.
   68         4.2. A craft distillery may not only ship or, arrange to
   69  ship, or deliver any of its distilled spirits to consumers and
   70  may sell and deliver only to consumers within the state in a
   71  face-to-face transaction at the distillery property. However, a
   72  craft distiller licensed under this section may ship, arrange to
   73  ship, or deliver such spirits to manufacturers of distilled
   74  spirits, wholesale distributors of distilled spirits, state or
   75  federal bonded warehouses, and exporters.
   76         5.3. Except as provided in subparagraph 6.4., it is
   77  unlawful to transfer a distillery license for a distillery that
   78  produces 75,000 or fewer gallons per calendar year of distilled
   79  spirits on its premises or any ownership interest in such
   80  license to an individual or entity that has a direct or indirect
   81  ownership interest in any distillery licensed in this state;
   82  another state, territory, or country; or by the United States
   83  government to manufacture, blend, or rectify distilled spirits
   84  for beverage purposes.
   85         6.4. A craft distillery shall not have its ownership
   86  affiliated with another distillery, unless such distillery
   87  produces 75,000 or fewer gallons per calendar year of distilled
   88  spirits on each of its premises in this state or in another
   89  state, territory, or country.
   90         (6) Upon the request of a craft distillery licensed in this
   91  state, the Department of Transportation shall install
   92  directional signs for the craft distillery on the rights-of-way
   93  of interstate highways and primary and secondary roads in
   94  accordance with Florida’s Highway Guide Sign Program, Rule 14
   95  51, Florida Administrative Code. A craft distillery licensed in
   96  this state which requests placement of a directional sign
   97  through the department’s permit process shall pay all associated
   98  costs.
   99         Section 2. This act shall take effect July 1, 2015.