Tag Archives: Manufacturing

Florida Brewpubs Report – February 2014

It’s not just production breweries that are driving the growth of Florida’s brewing industry. There’s a lot of good beer coming from Florida’s brewpubs. To help Florida brewpubs and their supports stay informed about the industry, and as a companion to The Florida Breweries Report, we are launching the Florida Brewpubs Report.

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Florida Beverage Industry Bills Update – May 4, 2014

Intuition Ale Works Owner Ben Davis, Speaking at Post-Legislative Event

Intuition Ale Works Owner Ben Davis, Speaking to Craft Beer Supports about Legislative Session

The 2014 session of the Florida Legislature ended, Friday, May 2. Twelve bills were proposed to change Florida laws governing the beverage industry. None of them got passed by both houses of the Legislature. The only beverage bill that got to a floor vote–Senate Bill 1714, which passed the Senate by a vote of 30-10–was loudly decried by Florida brewery owners and their supporters.

In this final weekly update on the 2014 session, we discuss SB 1714’s dramatic passage by the Senate, and its undramatic dismissal by the House. We’ll also review the current state of Florida beverage law. Finally we’ll try to predict what may happen between now and the start of the Florida Legislature’s 2015 session.

Please let us know what you think in our Replies Section. Subscribe to BrewersLaw.com to stay informed.

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Florida Beverage Industry Bills Update – April 27, 2014

***Updated April, 27, 2014 9:00 pm to reflect proposed strike-all amendment to Senate Bill 1714 filed by bill sponsor, Senator Kelli Stargel. Updates reflected as struck-through and underlined text.***

This past week saw action on only two beverage bills, but the action was dramatic. With one week remaining in the 2014 Florida legislative session, the story becomes a tale of two Senate bills.

Senate Bill 470 would have done nothing more than allow beer tastings at licensed retailers. Senate Bill 1714 would completely up-end how Florida breweries map a path to commercial success, putting a big toll on their access to consumers. Only one of these bills is poised to get a vote on the Senate floor–guess which one.

Trading Places

Please let us know what you think in our Replies Section. Subscribe to BrewersLaw.com to stay informed.

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New Beer Bill Would Drastically Change Florida Brewery Taprooms – FL HB: 1329

On the eve of the 2014 Florida Legislative session, Representative Ray Rodriguez introduced House Bill 1329, which proposes big changes for the operation of Florida breweries. The stated purpose of HB 1329 is to authorize a “very limited exception to the three-tier system” by allowing breweries to sell their beer in growlers. While the bill does authorize growlers (in two sizes), it also imposes strict requirements on the operation of existing brewery taprooms and ensures that new brewery taprooms will never operate in the same way.


Used With Permission from Creative Commons.

Used With Permission from Creative Commons.

Different Rules for Taprooms Old and New

House Bill 1329 divides Florida’s production breweries into two categories: production breweries licensed before July 1, 2014 and production breweries licensed July 1, 2014 or later.

Legacy breweries–those licensed before July 1, 2014–could continue to operate taprooms under the existing tourism exemption so long as they continue to meet new requirements. The tourism exemption currently allows Florida breweries to operate a taproom where a brewery’s own beer and guest beers and wine can be served for consumption on premises or carry-out for consumption off premises (more on the tourism exemption in Brewers’ Law 101: Florida Brewing Licenses). Under HB 1329 existing taprooms could continue to operate this way as long as:

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Brewers’ Law 101: Florida Winery Licenses

Manufacturers and bottlers of wine in Florida are regulated by the State of Florida and the federal government. This post discusses the state-level licensing of wineries in Florida.

Used with Permission From Creative Commons

Used with Permission From Creative Commons

How does the State of Florida define “wine”?

Manufacturers and bottlers of wine are subject the same licensing requirements in Florida, but what does wine include for this purpose? Wine includes all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Cider is a wine according to Florida law, so cideries must be licensed as a winery rather than a brewery. Mead and honey wine do not exactly fall within the definition of wine under Florida law, but meaderies are generally required to be licensed as wineries too.

What license is required to make wine in Florida?

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New Sales Tax Exemption for Florida Manufacturers


Beginning April 30, 2014, the Florida manufacturers will be exempt from Florida’s sales and use tax on the purchase of industrial machinery and equipment used in Florida. To be eligible for the exemption, a manufacturer’s primary activity where the equipment will be located must fall within North American Industry Classification System (NAICS) codes 31, 32, and 33.

NAICS codes 31, 32, and 33 includes a broad list of manufacturing classifications, including breweries and wineries, food manufacturing (for humans or animals); textiles; book printing; screen printing; wood products; pharmaceuticals and other medical; soaps and detergents; explosives; photographic materials; plastics; tires; concrete and other building materials; computers; communications equipment; electrical fixtures; motor vehicles and other transportation; toys and games; and office supplies manufacturing. To search for a specific eligible industry, refer to http://www.census.gov/cgi-bin/sssd/naics/naicsrch.

At the time of purchase, the purchaser must provide a signed certificate stating that the purchaser is entitled to the tax exemption. The Florida Department of Revenue provides a suggested form of exemption certificate.