Bill Text: FL S0596 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 596 By the Committees on Commerce and Tourism; and Regulated Industries; and Senator Hays 577-03103-15 2015596c2 1 A bill to be entitled 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. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 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 38spiritsdistilled 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. A craft 49 distilleryor licensed distillerymay not sell any factory 50 sealed individual containers of spirits except in face-to-face 51 sales transactions with consumers who are making a purchase of 52 two or fewer individual containers of each branded product, or 53 up to four individual containers, whichever is greater, that 54 comply with the container limits in s. 565.10, per calendar year 55 for the consumer’s personal use and not for resale and who are 56 present at the distillery’s licensed premises in this state. 57 1. A craft distillery must report to the division within 5 58 days after it reaches the production limitations provided in 59 paragraph (1)(b)(1)(a). Any retail sales to consumers at the 60 craft distillery’s licensed premises are prohibited beginning 61 the day after it reaches the production limitation. 62 2. A craft distillery may notonlyship or,arrange to 63 ship, or deliverany of its distilled spirits to consumers and 64 may only sell and deliver to consumers within the state in a 65 face-to-face transaction at the distillery property. However, a 66 craft distiller licensed under this section may ship, arrange to 67 ship, or deliver such spirits to manufacturers of distilled 68 spirits, wholesale distributors of distilled spirits, state or 69 federal bonded warehouses, and exporters. 70 3. Except as provided in subparagraph 4., it is unlawful to 71 transfer a distillery license for a distillery that produces 72 75,000 or fewer gallons per calendar year of distilled spirits 73 on its premises or any ownership interest in such license to an 74 individual or entity that has a direct or indirect ownership 75 interest in any distillery licensed in this state; another 76 state, territory, or country; or by the United States government 77 to manufacture, blend, or rectify distilled spirits for beverage 78 purposes. 79 4. A craft distillery shall not have its ownership 80 affiliated with another distillery, unless such distillery 81 produces 75,000 or fewer gallons per calendar year of distilled 82 spirits on each of its premises in this state or in another 83 state, territory, or country. 84 (6) Upon the request of a craft distillery licensed in this 85 state, the Department of Transportation shall install 86 directional signs for the craft distillery on the rights-of-way 87 of interstate highways and primary and secondary roads in 88 accordance with Florida’s Highway Guide Sign Program, Rule 14 89 51, Florida Administrative Code. A craft distillery licensed in 90 this state which requests placement of a directional sign 91 through the department’s permit process shall pay all associated 92 costs. 93 Section 2. This act shall take effect July 1, 2015.