Florida Beverage Legislation: 2017 End-of-Session Review of Beverage Bills

Of the 16 beverage bills proposed for the 2017 Florida Legislative session, only 3 made it through to final passage, and one of those gets a big asterisk.

The 2017 Florida Legislative session ended for regular business on Friday, May 5, 2017 (passage of the state budget is scheduled for the following Monday). At the beginning of the session, we reviewed the 16 beverage bills up for consideration (see Florida Beverage Legislation: 2017 Pre-Session Review of Beverage Bills). Those bills proposed changing the Florida beverage industry in some dramatic ways. For instance, House Bill 141 and Senate Bill 166 proposed to allow craft distilleries to have separately located tasting rooms and make sales at fairs, trade shows, expos, and festivals, like Florida Farm Wineries now do. House Bill 679 and Senate Bill 554 proposed to allow limited self-distribution of kegs by Florida breweries, so long as they did not otherwise sell through a distributor. Most of those dramatic changes, however, did not reach final passage.

One dramatic bill that did pass is the so-called “Whiskey to Wheaties Bill” (Senate Bill 106), which would allow grocery stores and big box retailers to sell liquor in their regular aisles, rather than segregated in a separate location as is the case now. Senate Bill 106 also prohibits package stores within 1,000 feet of schools.

House Bill 689, which also passed, would allow small restaurants to qualify for a special retail license. The bill also reduces the annual license fee for craft distilleries, from $4,000 to $1,000.

The last beverage bill to reach final passage was House Bill 141, which was originally aimed at giving Florida craft distilling tasting rooms. However, amendments to the bill scaled HB 141 back to such an extent that only a vestige remains. As passed, HB 141 would allow Florida craft distilleries to sell up to 6 containers, up from 4, per brand, per person, per year.

All of the passed bills must till be approved by Governor Scott before becoming law.

The following table recaps the fact of all of the 2017 Florida Beverage Bills:

Bill #

Sponsor

Companion

Summary

Status

HB 81 Avila SB 106 Eliminates the single-purpose restriction on package stores.

Allows employment of minors at stores that derive less than 30% of revenue from sale of alcoholic beverages.

Last Action: 4/25/2017 H Laid on Table, refer to CS/CS/SB 106 -HJ 821

Location: Laid on Table

HB 141 Stevenson SB 166 As Proposed: Allows craft distilleries to have tasting rooms. Allows certified Florida Craft Distilleries to conduct tastings and sales at fairs, trade shows, expositions, and festivals. Reduces annual license fee to $1,000 for craft distilleries.

 

As Passed: Permits Florida Craft Distilleries to sell up to 6 containers per brand per year per person.

Last Action: 5/5/2017 H Ordered enrolled

Location: Final Passage

 

 

HB 423 La Rosa SB 388 Prohibits wine retail couponsĀ  provided by manufacturer or distributor.

Allows breweries and vendors to engage in financial transactions that do not involve the direct sale or distribution of beer between manufacturer and vendor.

Last Action: 4/27/2017 H Laid on Table, refer to CS/CS/SB 388 -HJ 930

Location: Laid on Table

 

HB 679 Clemons SB 554 Allows self-distribution of kegs only by breweries that do not have a distribution agreement and product no more than 7,000 half-barrel kegs per year. Last Action: 3/7/2017 H Introduced -HJ 81

Location: In committee/council (CCS)

 

HB 689 Burton SB 400 Allows smaller restaurants to qualify for special retail license.

Eliminates the temporary license fee on transfer of a license.

Reduces the annual license fee for craft distilleries to $1,000.

Last Action: 4/28/2017 H Ordered enrolled -HJ 1016

Location: Final Passage

 

HB 853 Goodson SB 1040 Brewery or importer may give branded glassware to vendors for on-premises consumption. Last Action: 4/26/2017 H Temporarily postponed, on 2nd Reading -HJ 896

Location: On 2nd Reading Calendar

 

HB 983 Altman SB 1254 Person who knowingly serves a visibly intoxicated person or a minor is liable for injury and damage caused by that person.

Service of a minor is deemed to be with knowledge unless the minor provided a government issued ID.

Last Action: 3/7/2017 H Introduced -HJ 107

Location: In committee/council (CJC)

 

HB 1069 Brodeur SB 750 Franchisor may not terminate a franchise except for good cause.

Applies to “craft beer franchises.”

Last Action: 3/7/2017 H Introduced -HJ 115

Location: In committee/council (CCS)

 

SB 106 Flores HB 81 Prohibits package stores within 1,000 feet of schools.

Eliminates single-purpose restriction for package stores after a specific time period.

Allows employment of minors at stores that derive less than 30% of revenue from sale of alcoholic beverages.

Last Action: 4/26/2017 S Ordered enrolled -SJ 500

Location: Final Passage

 

SB 166 Steube HB 141 Allows craft distilleries to have tasting rooms.

Allows certified Florida Craft Distilleries to conduct tastings and sales at fairs, trade shows, expositions, and festivals.

Last Action: 5/4/2017 S Laid on Table, refer to CS/HB 141 -SJ 877

Location: Laid on Table

 

SB 388 Hutson HB 423 Prohibits wine retail couponsĀ  provided by manufacturer or distributor.

Allows breweries and vendors to engage in financial transactions that do not involve the direct sale or distribution of beer between manufacturer and vendor.

Last Action: 4/28/2017 S In returning messages

Location: In returning messages from House

 

SB 400 Perry HB 689 Allows smaller restaurants to qualify for special retail license

Eliminates the temporary license fee on transfer of a license

Reduces the annual license fee for craft distilleries to $1,000.

Last Action: 4/27/2017 S Laid on Table, refer to CS/CS/CS/HB 689 -SJ 514

Location: Laid on Table

 

SB 554 Young HB 679 Allows self-distribution of kegs only by breweries that do not have a distribution agreement and product no more than 7,000 half-barrel kegs per year. Last Action: 4/21/2017 S Placed on Calendar, on 2nd reading -SJ 442

Location: On 2nd Reading Calendar

 

SB 750 Latvala HB 1069 Protect Florida Small Business Act.

Does not apply to brewery-distributor relationship

Last Action: 4/21/2017 S Placed on Calendar, on 2nd reading -SJ 442

Location: On 2nd Reading Calendar

 

SB 1040 Artiles HB 853 Allows brewery or importer to give vendor branded glassware for on-premises consumption. Last Action: 4/3/2017 S Now in Rules -SJ 292

Location: In committee/council (RC)

 

SB 1254 Rouson HB 983 Person who knowingly serves a visibly intoxicated person or a minor is liable for injury and damage caused by that person.

Service of a minor is deemed to be with knowledge unless the minor provided a government issued ID.

Last Action: 3/7/2017 S Introduced -SJ 131

Location: In committee/council (CJ)

 

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