Bill Text: FL S1348 | 2024 | Regular Session | Introduced
Bill Title: Beverage Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Regulated Industries [S1348 Detail]
Download: Florida-2024-S1348-Introduced.html
Florida Senate - 2024 SB 1348 By Senator DiCeglie 18-01162A-24 20241348__ 1 A bill to be entitled 2 An act relating to the Beverage Law; amending s. 3 561.01, F.S.; revising and providing definitions; 4 amending s. 561.221, F.S.; authorizing manufacturers 5 of malt beverages to transfer malt beverages to 6 another manufacturer for brewing under certain 7 conditions; specifying conditions under which licensed 8 craft breweries may conduct tastings and sell malt 9 beverages; deleting the definition of the term “keg”; 10 revising a provision to limit the number of barrels, 11 rather than kegs, of malt beverages certain vendors 12 may brew annually; amending s. 561.37, F.S.; revising 13 surety bond requirements for payment of taxes; 14 removing provisions requiring surety bond payments for 15 manufacturers; amending ss. 212.08, 561.20, 561.4205, 16 and 562.14, F.S.; conforming cross-references; 17 amending s. 563.02, F.S.; revising a provision to 18 limit the number of barrels, rather than kegs, of malt 19 beverages certain manufacturers may brew annually; 20 creating s. 563.042, F.S.; providing definitions; 21 authorizing contract brewers to transfer malt 22 beverages to contracting brewers and to contract with 23 other contracting brewers if certain conditions are 24 met; providing requirements for contract brewing and 25 alternating proprietorship brewing; prohibiting 26 certain manufacturers and vendors from engaging in 27 contract brewing or alternating proprietorship 28 brewing; authorizing rulemaking; amending s. 563.045, 29 F.S.; specifying instances in which certain 30 manufacturers, brewers, bottlers, distributors, and 31 importers of malt beverages must register their names 32 and brands or labels that will be sold to a 33 distributor; providing an exception; amending ss. 34 768.36, 817.36, 856.015, and 1006.09, F.S.; conforming 35 cross-references; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Section 561.01, Florida Statutes, is amended to 40 read: 41 561.01 Definitions.—As used in the Beverage Law: 42 (1)(13)“Airport terminal” means the airport passenger 43 handling facilities or premises publicly owned or leased by a 44 county, municipality, or public authority at airports which have 45 been designated in the United States National Airport System 46 Plan, 49 U.S.C. s. 1711, as air carrier airports, commuter 47 airports, and reliever airports. 48 (2)(a)(4)(a)“Alcoholic beverages” means distilled spirits 49 and all beverages containing one-half of 1 percent or more 50 alcohol by volume. 51 (b) The percentage of alcohol by volume shall be determined 52 by measuring the volume of the standard ethyl alcohol in the 53 beverage and comparing it with the volume of the remainder of 54 the ingredients as though said remainder ingredients were 55 distilled water. 56 (3) “Barrel” means 31 gallons. 57 (4)(6)“TheBeverage Law” means this chapter and chapters 58 562, 563, 564, 565, 567, and 568. 59 (5)(15)“Bottle club” means a commercial establishment, 60 operated for a profit, whether or not a profit is actually made, 61 wherein patrons consume alcoholic beverages which are brought 62 onto the premises and not sold or supplied to the patrons by the 63 establishment, whether the patrons bring in and maintain custody 64 of their own alcoholic beverages or surrender custody to the 65 establishment for dispensing on the premises, and which is 66 located in a building or other enclosed permanent structure. 67 This termdefinitiondoes not apply to sporting facilities where 68 events sanctioned by nationally recognized regulatory athletic 69 or sports associations are held, bona fide restaurants licensed 70 by the Division of Hotels and Restaurants of the Department of 71 Business and Professional Regulation whose primary business is 72 the service of full course meals, or hotels and motels licensed 73 by the Division of Hotels and Restaurants of the Department of 74 Business and Professional Regulation. 75 (6)(19)“Common carrier” means any person, firm, or 76 corporation that undertakes for hire, as a regular business, the 77 transportation of persons or commodities from place to place, 78 offering its services to all who choose to employ it and pay its 79 charges. 80 (7)(2)“Department” means the Department of Business and 81 Professional Regulation. 82 (8)(10)“Discount in the usual course of business” means a 83 cash or spirituous or vinous beverage merchandise discount given 84 pursuant to an agreement made at the time of sale. However, such 85 agreement mayshallnot result in an accrued, accumulated, or 86 retroactive discount. The same discounts shall be offered to all 87 vendors of the same license series or type buying similar 88 quantities. Any discount which is in violation of this section 89 shall be considered an arrangement for financial assistance by 90 gift. 91 (9)(1)“Division” means the Division of Alcoholic Beverages 92 and Tobacco of the Department of Business and Professional 93 Regulation. 94 (10)(18)“Entertainment/resort complex” means a theme park 95 comprised of at least 25 acres of land with permanent 96 exhibitions and a variety of recreational activities, which has 97 at least 1 million visitors annually who pay admission fees 98 thereto, together with any lodging, dining, and recreational 99 facilities located adjacent to, contiguous to, or in close 100 proximity to the theme park, as long as the 101 owner(s)/operators(s) of the theme park, or a parent or related 102 company or subsidiary thereof, has an equity interest in the 103 lodging, dining, or recreational facilities or is in privity 104 therewith. Close proximity shall include an area within a 5-mile 105 radius of the theme park complex. 106 (11)(16)“Exporter” means any person that sells alcoholic 107 beverages to persons for use outside the state and includes a 108 ship’s chandler and a duty-free shop. 109 (12)(20)For purposes of license qualification pursuant to110s. 561.20(2)(a)1. the term“Historic structure” means a 111 structure that is listed on the National Register of Historic 112 Places pursuant to the National Historic Preservation Act of 113 1966, or is within and contributes to a registered historic 114 district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been found 115 to meet the criteria of historical significance of the Division 116 of Historical Resources of the Department of State, as certified 117 by that division or by a locally established historic 118 preservation board or commission, or like body, which has been 119 granted authority to designate historically significant 120 properties by the jurisdiction within which the hotel or motel 121 is located. 122 (13)(5)“Intoxicating beverage” and “intoxicating liquor” 123 mean only those alcoholic beverages containing more than 4.007 124 percent of alcohol by volume. 125 (14)(11)“Licensed premises” means not only rooms where 126 alcoholic beverages are stored or sold by the licensee, but also 127 all other rooms in the building which are so closely connected 128 therewith as to admit of free passage from drink parlor to other 129 rooms over which the licensee has some dominion or control and 130 shall also include all of the area embraced within the sketch, 131 appearing on or attached to the application for the license 132 involved and designated as such on said sketch, in addition to 133 that included or designated by general law. The area embraced 134 within the sketch may include a sidewalk or other outside area 135 which is contiguous to the licensed premises. When the sketch 136 includes a sidewalk or other outside area, written approval from 137 the county or municipality attesting to compliance with local 138 ordinances must be submitted to the division to authorize 139 inclusion of sidewalks and outside areas in licensed premises. 140 The division may approve applications for temporary expansion of 141 the licensed premises to include a sidewalk or other outside 142 area for special events upon the payment of a $100 application 143 fee, stipulation of the timeframe for the special event, and 144 submission of a sketch outlining the expanded premises and 145 accompanied by written approval from the county or municipality 146 as required in this subsection. All moneys collected from the 147 fees assessed under this subsection shall be deposited into the 148 Alcoholic Beverage and Tobacco Trust Fund. 149 (15)(14)“Licensee” means a legal or business entity or,150 person, or personsthat holdsholda license issued by the 151 division and meetsmeetthe qualifications set forth in s. 152 561.15. 153 (16)(7)“Manufacturer” means all persons who make alcoholic 154 beverages except those who make beer or wine for personal or 155 family consumption pursuant to s. 562.165. 156 (17) “Performing arts center” means a facility consisting 157 of not less than 200 seats, owned and operated by a not-for 158 profit corporation qualified as an exempt organization underthe159provisions ofs. 501(c)(3) of the Internal Revenue Code of 1986 160 orofthe corresponding section of a subsequently enacted 161 federal revenue act, which is used and occupied to promote 162 development of any or all of the performing, visual, or fine 163 arts or any or all matters relating thereto and to encourage and 164 cultivate public and professional knowledge and appreciation of 165 the arts through: 166 (a) The preparation, production, public presentation, or 167 public exhibition of dramatic or musical works, dance, opera, 168 motion pictures, television, music, recordings, or works of 169 fine, performing, or visual arts of any nature; 170 (b) The conducting of lectures, seminars, classes, or 171 workshops for development of skills or techniques related to the 172 practice or appreciation of any or all of these arts; 173 (c) The broadcast or telecast of the performing or visual 174 arts through whatever means is desirable, including, but not 175 limited to, television, radio, cable, or the latest state-of 176 the-art media, equipment, or techniques; 177 (d) The reproduction of the performing, visual, or fine 178 arts through motion pictures, videotapes, video disks, delayed 179 presentations, sound recordings, or whatever in the future 180 becomes a viable means or state-of-the-art; 181 (e) The provision of banquet, concession, or other on 182 premises food and alcoholic and nonalcoholic beverage 183 activities; 184 (f) The conduct of retail activities reasonably related to 185 the other uses of the facility; 186 (g) The conduct of fundraising activities reasonably 187 related to the arts; 188 (h) The provision of auxiliary services for performing or 189 visual artists, educators, students, or the public which are 190 necessary or desirable to promote or facilitate the foregoing 191 uses, including, but not limited to, the publication and 192 dissemination of any or all materials related to the foregoing; 193 (i) The conduct of rehearsals, conventions, meetings, or 194 commercial or other activities; or 195 (j) Such other activities for the promotion and development 196 of the arts not described in paragraphs (a)-(i) as the not-for 197 profit corporation determines, provided that no such activity is 198 inconsistent with or otherwise violates any applicable statute, 199 ordinance, or regulation. 200 (18)(21)“Railroad transit station” means a platform or a 201 terminal facility where passenger trains operating on a guided 202 rail system according to a fixed schedule between two or more 203 cities regularly stop to load and unload passengers or goods. 204 The term includes a passenger waiting lounge and dining, retail, 205 entertainment, or recreational facilities within the licensed 206 premises owned or leased by the railroad operator or owner. 207 (19)(9)“Sale” and “sell” mean any transfer of an alcoholic 208 beverage for a consideration, any gift of an alcoholic beverage 209 in connection with, or as a part of, a transfer of property 210 other than an alcoholic beverage for a consideration, or the 211 serving of an alcoholic beverage by a club licensed under the 212 Beverage Law. 213 (20)(12)“Special airport license” means a vendor license 214 to sell certain alcoholic beverages only on those airport 215 premises which have been designated in the United States 216 National Airport System Plan, 49 U.S.C. s. 1711, as air carrier 217 airports, commuter airports, and reliever airports. 218 (21)(3)“State bonded warehouse” means any licensed 219 warehouse used to store alcoholic beverages. 220 (22)(8)(a)“Tax” means all taxes or payments required under 221 the Beverage Law. 222 (23)(b)“There shall be paid” means“there is hereby levied 223 and imposed and shall be paid.”224 Section 2. Paragraph (b) of subsection (4) of section 225 212.08, Florida Statutes, is amended to read: 226 212.08 Sales, rental, use, consumption, distribution, and 227 storage tax; specified exemptions.—The sale at retail, the 228 rental, the use, the consumption, the distribution, and the 229 storage to be used or consumed in this state of the following 230 are hereby specifically exempt from the tax imposed by this 231 chapter. 232 (4) EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES, ETC.— 233 (b) Alcoholic beverages and malt beverages are not exempt. 234 The terms “alcoholic beverages” and “malt beverages” as used in 235 this paragraph have the same meanings asascribed to themin ss. 236 561.01ss. 561.01(4)and 563.01, respectively. It is determined 237 by the Legislature that the classification of alcoholic 238 beverages made in this paragraph for the purpose of extending 239 the tax imposed by this chapter is reasonable and just, and it 240 is intended that such tax be separate from, and in addition to, 241 any other tax imposed on alcoholic beverages. 242 Section 3. Paragraphs (a) and (f) of subsection (2) of 243 section 561.20, Florida Statutes, are amended to read: 244 561.20 Limitation upon number of licenses issued.— 245 (2)(a) The limitation of the number of licenses as provided 246 in this section does not prohibit the issuance of a special 247 license to: 248 1. Any bona fide hotel, motel, or motor court of not fewer 249 than 80 guest rooms in any county having a population of less 250 than 50,000 residents, and of not fewer than 100 guest rooms in 251 any county having a population of 50,000 residents or greater; 252 or any bona fide hotel or motel located in a historic structure, 253 as defined in s. 561.01s. 561.01(20), with fewer than 100 guest 254 rooms which derives at least 51 percent of its gross revenue 255 from the rental of hotel or motel rooms, which is licensed as a 256 public lodging establishment by the Division of Hotels and 257 Restaurants; provided, however, that a bona fide hotel or motel 258 with no fewer than 10 and no more than 25 guest rooms which is a 259 historic structure, as defined in s. 561.01s. 561.01(20), in a 260 municipality that on the effective date of this act has a 261 population, according to the University of Florida’s Bureau of 262 Economic and Business Research Estimates of Population for 1998, 263 of no fewer than 25,000 and no more than 35,000 residents and 264 that is within a constitutionally chartered county may be issued 265 a special license. This special license shall allow the sale and 266 consumption of alcoholic beverages only on the licensed premises 267 of the hotel or motel. In addition, the hotel or motel must 268 derive at least 60 percent of its gross revenue from the rental 269 of hotel or motel rooms and the sale of food and nonalcoholic 270 beverages; provided that this subparagraph shall supersede local 271 laws requiring a greater number of hotel rooms; 272 2. Any condominium accommodation of which no fewer than 100 273 condominium units are wholly rentable to transients and which is 274 licensed under chapter 509, except that the license shall be 275 issued only to the person or corporation that operates the hotel 276 or motel operation and not to the association of condominium 277 owners; 278 3. Any condominium accommodation of which no fewer than 50 279 condominium units are wholly rentable to transients, which is 280 licensed under chapter 509, and which is located in any county 281 having home rule under s. 10 or s. 11, Art. VIII of the State 282 Constitution of 1885, as amended, and incorporated by reference 283 in s. 6(e), Art. VIII of the State Constitution, except that the 284 license shall be issued only to the person or corporation that 285 operates the hotel or motel operation and not to the association 286 of condominium owners; 287 4. A bona fide food service establishment that has a 288 minimum of 2,000 square feet of service area, is equipped to 289 serve meals to 120 persons at one time, has at least 120 290 physical seats available for patrons to use during operating 291 hours, holds itself out as a restaurant, and derives at least 51 292 percent of its gross food and beverage revenue from the sale of 293 food and nonalcoholic beverages during the first 120-day 294 operating period and the first 12-month operating period 295 thereafter. Subsequent audit timeframes must be based upon the 296 audit percentage established by the most recent audit and 297 conducted on a staggered scale as follows: level 1, 51 percent 298 to 60 percent, every year; level 2, 61 percent to 75 percent, 299 every 2 years; level 3, 76 percent to 90 percent, every 3 years; 300 and level 4, 91 percent to 100 percent, every 4 years. A 301 licensee under this subparagraph may sell or deliver alcoholic 302 beverages in a sealed container for off-premises consumption if 303 the sale or delivery is accompanied by the sale of food within 304 the same order. Such authorized sale or delivery includes wine 305 based and liquor-based beverages prepared by the licensee or its 306 employee and packaged in a container sealed by the licensee or 307 its employee. This subparagraph may not be construed to 308 authorize public food service establishments licensed under this 309 subparagraph to sell a bottle of distilled spirits sealed by a 310 manufacturer. Any sale or delivery of malt beverages must comply 311 with the container size, labeling, and filling requirements 312 imposed under s. 563.06. Any delivery of an alcoholic beverage 313 under this subparagraph must comply with s. 561.57. An alcoholic 314 beverage drink prepared by the vendor and sold or delivered for 315 consumption off the premises must be placed in a container 316 securely sealed by the licensee or its employees with an 317 unbroken seal that prevents the beverage from being immediately 318 consumed before removal from the premises. Such alcoholic 319 beverage also must be placed in a bag or other container that is 320 secured in such a manner that it is visibly apparent if the 321 container has been subsequently opened or tampered with, and a 322 dated receipt for the alcoholic beverage and food must be 323 provided by the licensee and attached to the bag or container. 324 If transported in a motor vehicle, an alcoholic beverage that is 325 not in a container sealed by the manufacturer must be placed in 326 a locked compartment, a locked trunk, or the area behind the 327 last upright seat of a motor vehicle. It is a violation of the 328 prohibition in s. 562.11 to allow any person under the age of 21 329 to deliver alcoholic beverages on behalf of a vendor. The vendor 330 or the agent or employee of the vendor must verify the age of 331 the person making the delivery of the alcoholic beverage before 332 allowing any person to take possession of an alcoholic beverage 333 for the purpose of making a delivery on behalf of a vendor under 334 this section. A food service establishment granted a special 335 license on or after January 1, 1958, pursuant to general or 336 special law may not operate as a package store and may not sell 337 intoxicating beverages under such license after the hours of 338 serving or consumption of food have elapsed. Failure by a 339 licensee to meet the required percentage of food and 340 nonalcoholic beverage gross revenues during the covered 341 operating period shall result in revocation of the license or 342 denial of the pending license application. A licensee whose 343 license is revoked or an applicant whose pending application is 344 denied, or any person required to qualify on the special license 345 application, is ineligible to have any interest in a subsequent 346 application for such a license for a period of 120 days after 347 the date of the final denial or revocation; 348 5. Any caterer, deriving at least 51 percent of its gross 349 food and beverage revenue from the sale of food and nonalcoholic 350 beverages at each catered event, licensed by the Division of 351 Hotels and Restaurants under chapter 509. This subparagraph does 352 not apply to a culinary education program, as defined in s. 353 381.0072(2), which is licensed as a public food service 354 establishment by the Division of Hotels and Restaurants and 355 provides catering services. Notwithstanding any law to the 356 contrary, a licensee under this subparagraph shall sell or serve 357 alcoholic beverages only for consumption on the premises of a 358 catered event at which the licensee is also providing prepared 359 food, and shall prominently display its license at any catered 360 event at which the caterer is selling or serving alcoholic 361 beverages. A licensee under this subparagraph shall purchase all 362 alcoholic beverages it sells or serves at a catered event from a 363 vendor licensed under s. 563.02(1), s. 564.02(1), orlicensed364unders. 565.02(1) subject to the limitation imposed in 365 subsection (1), as appropriate. A licensee under this 366 subparagraph may not store any alcoholic beverages to be sold or 367 served at a catered event. Any alcoholic beverages purchased by 368 a licensee under this subparagraph for a catered event that are 369 not used at that event must remain with the customer; provided 370 that if the vendor accepts unopened alcoholic beverages, the 371 licensee may return such alcoholic beverages to the vendor for a 372 credit or reimbursement. Regardless of the county or counties in 373 which the licensee operates, a licensee under this subparagraph 374 shall pay the annual state license tax set forth in s. 375 565.02(1)(b). A licensee under this subparagraph must maintain 376 for a period of 3 years all records and receipts for each 377 catered event, including all contracts, customers’ names, event 378 locations, event dates, food purchases and sales, alcoholic 379 beverage purchases and sales, nonalcoholic beverage purchases 380 and sales, and any other records required by the department by 381 rule to demonstrate compliance with the requirements of this 382 subparagraph. Notwithstanding any law to the contrary, any 383 vendor licensed under s. 565.02(1) subject to the limitation 384 imposed in subsection (1), may, without any additional licensure 385 under this subparagraph, serve or sell alcoholic beverages for 386 consumption on the premises of a catered event at which prepared 387 food is provided by a caterer licensed under chapter 509. If a 388 licensee under this subparagraph also possesses any other 389 license under the Beverage Law, the license issued under this 390 subparagraph may not authorize the holder to conduct activities 391 on the premises to which the other license or licenses apply 392 that would otherwise be prohibited by the terms of that license 393 or the Beverage Law. This section does not permit the licensee 394 to conduct activities that are otherwise prohibited by the 395 Beverage Law or local law. The Division of Alcoholic Beverages 396 and Tobacco is hereby authorized to adopt rules to administer 397 the license created in this subparagraph, includingto include398 rules governing licensure, recordkeeping, and enforcement. The 399 first $300,000 in fees collected by the division each fiscal 400 year pursuant to this subparagraph shall be deposited in the 401 Department of Children and Families’ Operations and Maintenance 402 Trust Fund to be used only for alcohol and drug abuse education, 403 treatment, and prevention programs. The remainder of the fees 404 collected shall be deposited into the Hotel and Restaurant Trust 405 Fund created pursuant to s. 509.072; or 406 6. A culinary education program as defined in s. 407 381.0072(2) which is licensed as a public food service 408 establishment by the Division of Hotels and Restaurants. 409 a. This special license shall allow the sale and 410 consumption of alcoholic beverages on the licensed premises of 411 the culinary education program. The culinary education program 412 shall specify designated areas in the facility where the 413 alcoholic beverages may be consumed at the time of application. 414 Alcoholic beverages sold for consumption on the premises may be 415 consumed only in areas designated under s. 561.01s. 561.01(11)416 and may not be removed from the designated area. Such license 417 shall be applicable only in and for designated areas used by the 418 culinary education program. 419 b. If the culinary education program provides catering 420 services, this special license shall also allow the sale and 421 consumption of alcoholic beverages on the premises of a catered 422 event at which the licensee is also providing prepared food. A 423 culinary education program that provides catering services is 424 not required to derive at least 51 percent of its gross revenue 425 from the sale of food and nonalcoholic beverages. 426 Notwithstanding any law to the contrary, a licensee that 427 provides catering services under this sub-subparagraph shall 428 prominently display its beverage license at any catered event at 429 which the caterer is selling or serving alcoholic beverages. 430 Regardless of the county or counties in which the licensee 431 operates, a licensee under this sub-subparagraph shall pay the 432 annual state license tax set forth in s. 565.02(1)(b). A 433 licensee under this sub-subparagraph must maintain for a period 434 of 3 years all records required by the department by rule to 435 demonstrate compliance with the requirements of this sub 436 subparagraph. 437 c. If a licensee under this subparagraph also possesses any 438 other license under the Beverage Law, the license issued under 439 this subparagraph does not authorize the holder to conduct 440 activities on the premises to which the other license or 441 licenses apply that would otherwise be prohibited by the terms 442 of that license or the Beverage Law. This subparagraph does not 443 permit the licensee to conduct activities that are otherwise 444 prohibited by the Beverage Law or local law. Any culinary 445 education program that holds a license to sell alcoholic 446 beverages shall comply with the age requirements set forth in 447 ss. 562.11(4), 562.111(2), and 562.13. 448 d. The Division of Alcoholic Beverages and Tobacco may 449 adopt rules to administer the license created in this 450 subparagraph, to include rules governing licensure, 451 recordkeeping, and enforcement. 452 e. A license issued pursuant to this subparagraph does not 453 permit the licensee to sell alcoholic beverages by the package 454 for off-premises consumption. 455 456 However, any license heretofore issued to any such hotel, motel, 457 motor court, or restaurant or hereafter issued to any such 458 hotel, motel, or motor court, including a condominium 459 accommodation, under this sectionthe general lawmay not be 460 moved to a new location, such license being valid only on the 461 premises of such hotel, motel, motor court, or restaurant. 462 Licenses issued to hotels, motels, motor courts, or restaurants 463 under the general law and held by such hotels, motels, motor 464 courts, or restaurants on May 24, 1947, shall be counted in the 465 quota limitation contained in subsection (1). Any license issued 466 for any hotel, motel, or motor court under this sectionlaw467 shall be issued only to the owner of the hotel, motel, or motor 468 court or, in the event the hotel, motel, or motor court is 469 leased, to the lessee of the hotel, motel, or motor court; and 470 the license shall remain in the name of the owner or lessee so 471 long as the license is in existence. Any special license now in 472 existence heretofore issued under this sectionlawcannot be 473 renewed except in the name of the owner of the hotel, motel, 474 motor court, or restaurant or, in the event the hotel, motel, 475 motor court, or restaurant is leased, in the name of the lessee 476 of the hotel, motel, motor court, or restaurant in which the 477 license is located and must remain in the name of the owner or 478 lessee so long as the license is in existence. Any license 479 issued under this section shall be marked “Special,” and nothing 480 herein provided shall limit, restrict, or prevent the issuance 481 of a special license for any restaurant or motel which shall 482 hereafter meet the requirements of the law existing immediately 483 before the effective date of this act, if construction of such 484 restaurant has commenced before the effective date of this act 485 and is completed within 30 days thereafter, or if an application 486 is on file for such special license at the time this act takes 487 effect; and any such licenses issued under this sectionproviso488 may be annually renewed asnowprovided by law. Nothing herein 489 prevents an application for transfer of a license to a bona fide 490 purchaser of any hotel, motel, motor court, or restaurant by the 491 purchaser of such facility or the transfer of such license 492 pursuant to law. 493 (f) In addition to the exceptions set forth in this 494 subsection, no such limitation of the number of licenses as 495 herein provided shall prohibit the issuance of special airport 496 licenses as defined in s. 561.01s. 561.01(12)to restaurants 497 that are a part of, or serve, publicly owned or leased airports. 498 The special airport license provided for herein shall allow for 499 consumption within designated areas of the airport terminal as 500 defined in s. 561.01s. 561.01(13). Any holder of such special 501 license located at a publicly owned and operated airport may 502 sell and serve alcoholic beverages for consumption on the 503 premises to the general public under such license in not more 504 than four places or locations in control of the holder of such 505 license. Any license so issued may not be transferred to a new 506 location, except that a vendor operating a place of business 507 under a special license may transfer such license when the 508 publicly owned or leased airport at which the vendor operates a 509 place of business under a special license moves its terminal 510 facilities on the same airport premises, or when the airport is 511 required by law to move its entire operation to a new location. 512 Any license so issued shall entitle the vendor operating a place 513 of business under such license to sell to airlines vinous 514 beverages and distilled spirits in sealed miniature containers 515 and other alcoholic beverages for consumption on the aircraft 516 using the facility, but only for consumption by the passengers 517 of the aircraft when such aircraft is airborne. 518 Section 4. Paragraph (c) of subsection (2) and paragraph 519 (a) of subsection (3) of section 561.221, Florida Statutes, are 520 amended, and paragraph (f) is added to subsection (2) of that 521 section, to read: 522 561.221 Licensing of manufacturers and distributors as 523 vendors and of vendors as manufacturers; conditions and 524 limitations.— 525 (2) 526 (c) Notwithstanding any other provision of the Beverage 527 Law, a manufacturer holding multiple manufacturing licenses may 528 transfer malt beverages to a licensed facility, as provided in 529 s. 563.022(14)(d), in an amount up to the yearly production 530 amount at the receiving facility. Malt beverages and other 531 alcoholic beverages that are manufactured under contract or by 532 an alternating proprietorship by another licensed manufacturer 533 and, including any malt beveragesthat are owned in wholeor in534partby the manufacturer may be transferred to the licensed 535 facility as provided in s. 563.022(14)(d). Malt beverages and 536 other alcoholic beverages that are not owned by the manufacturer 537 and thatbutare brewed by another manufacturer,must be 538 obtained through a licensed distributor that is not also a 539 licensed manufacturer, a licensed broker or sales agent, or a 540 licensed importer. 541 (f) A craft brewery licensed under this subsection may 542 conduct tastings and sell malt beverages produced by the craft 543 brewery at state fairs, trade shows, farmers’ markets, 544 expositions, and festivals. The division shall issue permits to 545 craft breweries for such tastings and sales. A craft brewery 546 must pay all entry fees and must have a representative of the 547 craft brewery present during the event. A permit issued under 548 this paragraph is limited to the duration and physical location 549 of the event. 550 (3)(a) Notwithstanding other provisions of the Beverage 551 Law, any vendor licensed in this state may be licensed as a 552 manufacturer of malt beverages upon a finding by the division 553 that: 554 1. The vendor will be engaged in brewing malt beverages at 555 a single location and in an amount which will not exceed 5,000 556 barrels10,000 kegsper year.For purposes of this subsection,557the term “keg” means 15.5 gallons.558 2. The malt beverages so brewed will be sold to consumers 559 for consumption on the vendor’s licensed premises or on 560 contiguous licensed premises owned by the vendor. 561 Section 5. Section 561.37, Florida Statutes, is amended to 562 read: 563 561.37 Bond for payment of taxes.—Eachmanufacturer and564eachdistributor shall file with the division a surety bond 565 acceptable to the division in the sum of $25,000 as surety for 566 the payment of all taxes, provided, however, that when in the 567 discretion of the division the amount of business done by the 568manufacturer ordistributor is of such volume that a bond of 569 less than $25,000 will be adequate to secure the payment of all 570 taxes assessed or authorized by the Beverage Law, the division 571 may accept a bond in a lesser sum than $25,000, but in no event 572 shall it accept a bond of less than $10,000, and it may at any 573 time in its discretion require any bond in an amount less than 574 $25,000 to be increased so as not to exceed $25,000;provided,575however, that the amount of bond required for a brewer shall be576$20,000, except that where, in the discretion of the division,577the amount of business done by the brewer is of such volume that578a bond of less than $20,000 will be adequate to secure the579payment of all taxes assessed or authorized by the Beverage Law,580the division may accept a bond in a lesser sum than $20,000, but581in no event shall it accept a bond of less than $10,000, and it582may at any time in its discretion require any bond in an amount583less than $20,000 to be increased so as not to exceed $20,000;584provided further that the amount of the bond required for a wine585or wine and cordial manufacturer shall be $5,000, except that,586in the case of a manufacturer engaged solely in the experimental587manufacture of wines and cordials from Florida products, where588in the discretion of the division the amount of business done by589such manufacturer is of such volume that a bond of less than590$5,000 will be adequate to secure the payment of all taxes591assessed or authorized by the Beverage Law, the division may592accept a bond in a lesser sum than $5,000, but in no event shall593it accept a bond of less than $1,000 and it may at any time in594its discretion require a bond in an amount less than $5,000 to595be increased so as not to exceed $5,000;provided, however 596further, that the amount of bond required for a distributor who 597 sells only beverages containing not more than 4.007 percent of 598 alcohol by volume, in counties where the sale of intoxicating 599 liquors, wines, and beers is prohibited, and to distributors who 600 sell only beverages containing not more than 17.259 percent of 601 alcohol by volume and wines regardless of alcoholic content, in 602 counties where the sale of intoxicating liquors, wines, and 603 beers is permitted, shall file with the division a surety bond 604 acceptable to the division in the sum of $25,000, as surety for 605 the payment of all taxes; provided, however, that where in the 606 discretion of the division the amount of business done by such 607 distributor is of such volume that a bond of less than $25,000 608 will be adequate to secure the payment of all taxes assessed or 609 authorized by the Beverage Law, the division may accept a bond 610 in a less sum than $25,000, but in no event shall it accept a 611 bond less than $1,000, and it may at any time in its discretion 612 require any bond in an amount less than $25,000 to be increased 613 so as not to exceed $25,000; provided, further, that the amount 614 of bond required for a distributor in a county having a 615 population of 15,000 or less who procures a license by which his 616 or her sales are restricted to distributors and vendors who have 617 obtained licenses in the same county,shall be $5,000. 618 Section 6. Subsection (2) of section 561.4205, Florida 619 Statutes, is amended to read: 620 561.4205 Keg deposits; limited alternative inventory and 621 reconciliation process.— 622 (2) In lieu of receiving a keg deposit, a distributor 623 selling alcoholic beverages by recyclable keg or other similar 624 reusable container for the purpose of sale in draft form to a 625 vendor identified in s. 561.01s. 561.01(18)or s. 565.02(6) or 626 (7) shall implement an inventory and reconciliation process with 627 such vendor in which an accounting of kegs is completed and any 628 loss or variance in the number of kegs is paid for by the vendor 629 on a per-keg basis equivalent to the required keg deposit. This 630 inventory and reconciliation process may occur twice per year, 631 at the discretion of the distributor, but must occur at least 632 annually. Upon completion of an agreed upon keg inventory and 633 reconciliation, the vendor shall remit payment within 15 days 634 after receiving an invoice from the distributor. The vendor may 635 choose to establish and fund a separate account with the 636 distributor for the purpose of expediting timely payments. 637 Section 7. Subsection (2) of section 562.14, Florida 638 Statutes, is amended to read: 639 562.14 Regulating the time for sale of alcoholic and 640 intoxicating beverages; prohibiting use of licensed premises.— 641 (2) Except as otherwise provided by county or municipal 642 ordinance, no vendor issued an alcoholic beverage license to 643 sell alcoholic beverages for consumption on the vendor’s 644 licensed premises and whose principal business is the sale of 645 alcoholic beverages, shall allow the licensed premises, as 646 defined in s. 561.01s. 561.01(11), to be rented, leased, or 647 otherwise used during the hours in which the sale of alcoholic 648 beverages is prohibited. However, this prohibition shall not 649 apply to the rental, lease, or other use of the licensed 650 premises on Sundays after 8 a.m. Further, neither this 651 subsection, nor any local ordinance adopted pursuant to this 652 subsection, shall be construed to apply to a theme park complex 653 as defined in s. 565.02(6) or an entertainment/resort complex as 654 defined in s. 561.01s. 561.01(18). 655 Section 8. Subsection (2) of section 563.02, Florida 656 Statutes, is amended to read: 657 563.02 License fees; vendors; manufacturers and 658 distributors.— 659 (2) Each manufacturer engaged in the business of brewing 660 only malt beverages shall pay an annual state license tax of 661 $3,000 for each plant or branch he or she may operate. However, 662 each manufacturer engaged in the business of brewing less than 663 60,000 barrels10,000 kegsof malt beverages annually pursuant 664 to s. 561.221(2) or for consumption on the premises pursuant to 665 s. 561.221(3) shall pay an annual state license tax of $500 for 666 each plant or branch. 667 Section 9. Section 563.042, Florida Statutes, is created to 668 read: 669 563.042 Contract brewing and alternating proprietorship 670 brewing.— 671 (1) As used in this section, the term: 672 (a) “Alternating proprietorship brewing” means an agreement 673 between a host brewer and a guest brewer in which the guest 674 brewer manufactures malt beverages at the host brewer’s licensed 675 premises. 676 (b) “Contract brewer” means a licensed manufacturer of malt 677 beverages who brews malt beverages on its licensed premises for 678 a contracting brewer. 679 (c) “Contract brewing” means an agreement between a 680 contract brewer and a contracting brewer in which the contract 681 brewer brews malt beverages on its licensed premises for the 682 contracting brewer. 683 (d) “Contracting brewer” means a licensed manufacturer of 684 malt beverages who contracts for the brewing of malt beverages. 685 (e) “Guest brewer” means a licensed manufacturer of malt 686 beverages who brews malt beverages at a host brewer’s licensed 687 premises. 688 (f) “Host brewer” means a licensed manufacturer of malt 689 beverages who allows a guest brewer to brew malt beverages at 690 the host brewer’s licensed premises. 691 (2) Notwithstanding any other provision of the Beverage 692 Law, a contract brewer may transfer beer or malt beverages to a 693 contracting brewer in an amount up to the yearly production 694 amount at a contracting brewer’s facility pursuant to contract 695 brewing in accordance with this section and as provided in s. 696 563.022(2)(c). 697 (3) A contract brewer may contract with one or more 698 contracting brewers to manufacture beer or malt beverages for 699 the contract brewer. The contract brewer is responsible for 700 complying with all federal and state laws dealing with the 701 manufacturing of beer, including labeling laws, and is 702 responsible for the payment of all federal and state taxes on 703 any beer manufactured pursuant to this section after removing 704 the beer from the manufacturer’s licensed premises. Title to the 705 malt beverages remains with the contract brewer until the malt 706 beverages are removed from the licensed premises. 707 (4) Each entity engaged in the activities described in this 708 section must maintain records including the agreement 709 authorizing the manufacturing and transfer of malt beverages, 710 the records of the amount manufactured as part of the agreement, 711 and any other records required by the division to ensure 712 compliance with the Beverage Law. 713 (5) Licensed manufacturers of malt beverages intending to 714 engage in contract brewing shall: 715 (a) Notify the division of their intent to operate as a 716 contract brewer or contracting brewer before engaging in 717 contract brewing and disclose the location of the licensed 718 premises where brewing will occur on forms provided by the 719 division. Contracting brewers may only engage in the manufacture 720 of malt beverages at their duly licensed premises and at the 721 disclosed licensed premises of a contract brewer. 722 (b) Complete and submit a report to the division by the 723 10th day of each month. Contract brewers must report the volume 724 of each label of malt beverages manufactured on its licensed 725 premises. Contracting brewers shall report the volume of each 726 label of malt beverages manufactured at the licensed premises of 727 the contract brewer. 728 (c) Maintain all records as required by manufacturers of 729 malt beverages under the Beverage Law. 730 (6) Before engaging in alternating proprietorship brewing, 731 each entity seeking to become a host brewer or a guest brewer 732 must qualify as a brewer with the National Revenue Center within 733 the United States Department of the Treasury and submit the 734 following information to the division on a form approved by the 735 division: the name of the host brewer, the name of the guest 736 brewer, the location where the alternating proprietorship 737 brewing will take place, the location where any product brewed 738 pursuant to the alternating proprietorship brewing will be 739 stored, the amount of malt beverages to be produced under the 740 alternating proprietorship brewing, the timeframe in which the 741 guest brewer will be manufacturing malt beverages on the host 742 brewer’s licensed premises, proof of occupancy rights to the 743 host brewer’s licensed premises for the duration of the 744 alternating proprietorship brewing, and any other information 745 reasonably deemed necessary by the division to ensure the 746 health, safety, and welfare of people in the state, or to ensure 747 that all applicable taxes on the malt beverages produced 748 pursuant to alternating proprietorship brewing are remitted to 749 the state. 750 (7) Each contracting brewer’s malt beverages must remain 751 separate and identifiable from the beer of the other tenants at 752 the contract brewer’s licensed premises at all times. 753 (8) Each guest brewer must complete and submit a report to 754 the division by the 10th day of each month. Guest brewers must 755 report the volume of each label of malt beverages manufactured 756 on each licensed premises. Host brewers must report the volume 757 of each label of malt beverages manufactured on the licensed 758 premises of the host brewer. 759 (9) The guest brewer is responsible for complying with all 760 federal and state laws dealing with the manufacturing of beer, 761 including labeling laws, and is responsible for paying all 762 federal and state taxes on any beer manufactured pursuant to 763 this section after removing the beer from the manufacturer’s 764 licensed premises. Title to the malt beverages remains with the 765 guest brewer. 766 (10) Manufacturers or vendors licensed pursuant to s. 767 561.221(3) may not engage in contract brewing or alternating 768 proprietorship brewing. 769 (11) The division may adopt rules and forms pursuant to ss. 770 120.536(1) and 120.54 to implement this section. 771 Section 10. Subsection (1) of section 563.045, Florida 772 Statutes, is amended to read: 773 563.045 Brands or labels to be registered; qualification to 774 do business; fee; revocation.— 775 (1) ANomanufacturer, brewer, bottler, distributor, or 776 importer of malt beverages, whether licensed under the beverage 777 laws of this state or not, may notshallsell or offer for sale 778 in this state, or move or cause to be moved within this state or 779 into this state, any malt beverages, without first qualifying to 780 do business in the state and registering its name and the brands 781 or labels that will be sold to a distributor under which the 782 malt beverages are to be sold or moved and furnishing such 783 samples and information as to content, quality, and formula of 784 such malt beverages as the division may require. Brands or 785 labels that are not sold to a distributor do not need to be 786 registered. 787 Section 11. Paragraph (a) of subsection (1) of section 788 768.36, Florida Statutes, is amended to read: 789 768.36 Alcohol or drug defense.— 790 (1) As used in this section, the term: 791 (a) “Alcoholic beverage” means distilled spirits and any 792 beverage that contains 0.5 percent or more alcohol by volume as 793 determined in accordance with s. 561.01(2)(b)s. 561.01(4)(b). 794 Section 12. Paragraph (b) of subsection (1) of section 795 817.36, Florida Statutes, is amended to read: 796 817.36 Resale of tickets.— 797 (1) A person or entity that offers for resale or resells 798 any ticket may charge only $1 above the admission price charged 799 therefor by the original ticket seller of the ticket for the 800 following transactions: 801 (b) Multiday or multievent tickets to a park or 802 entertainment complex or to a concert, entertainment event, 803 permanent exhibition, or recreational activity within such a 804 park or complex, including an entertainment/resort complex as 805 defined in s. 561.01s. 561.01(18). 806 Section 13. Paragraph (a) of subsection (1) of section 807 856.015, Florida Statutes, is amended to read: 808 856.015 Open house parties.— 809 (1) Definitions.—As used in this section: 810 (a) “Alcoholic beverage” means distilled spirits and any 811 beverage containing 0.5 percent or more alcohol by volume. The 812 percentage of alcohol by volume shall be determined in 813 accordance with s. 561.01(2)(b)the provisions of s.814561.01(4)(b). 815 Section 14. Subsection (8) of section 1006.09, Florida 816 Statutes, is amended to read: 817 1006.09 Duties of school principal relating to student 818 discipline and school safety.— 819 (8) The school principal shall require all school personnel 820 to report to the principal or principal’s designee any suspected 821 unlawful use, possession, or sale by a student of any controlled 822 substance, as defined in s. 893.02; any counterfeit controlled 823 substance, as defined in s. 831.31; any alcoholic beverage, as 824 defined in s. 561.01s. 561.01(4); or model glue. School 825 personnel are exempt from civil liability when reporting in good 826 faith to the proper school authority such suspected unlawful 827 use, possession, or sale by a student. Only a principal or 828 principal’s designee is authorized to contact a parent or legal 829 guardian of a student regarding this situation. Reports made and 830 verified under this subsection shall be forwarded to an 831 appropriate agency. The principal or principal’s designee shall 832 timely notify the student’s parent that a verified report made 833 under this subsection with respect to the student has been made 834 and forwarded. 835 Section 15. This act shall take effect July 1, 2024.