Florida Beverage Legislation: 2020 Post-Session Review of Beverage Bills
The 2020 Session of the Florida Legislature ended without passing major changes to the Florida Beverage Law, but a change to the state’s tax laws provides a excise tax credit for contributions to child-welfare charities.
Despite consideration of some major changes to the Florida Beverage Law, particularly House Bill 1153 and House Bill 1165, Florida’s 2020 Legislative Session passed none of the proposed beverage-focused bills.
There is one change for Florida beverage manufacturers and distributors that pay state excise taxes. The House’s general taxation bill (House Bill 7097) creates Florida Statutes Section 561.1212 to the Florida Beverage Law. Beginning January 1, 2021, this section will allow manufacturers and distributors to tax a 100% credit against their excise tax obligation for contributions made to designated charitable organization with a purpose of prevent child abuse and neglect and enhance child welfare. The tax credit can amount to no more than 90% of the taxpayer’s obligation, and it does not apply to excise taxes on wine produced by Florida wineries from products grown in Florida.
The following chart provides a summary of this session’s beverage-focused bills and where they ended at the conclusion of the session.
| Bill # | Sponsor | Similar Bills | Summary | Status |
|---|---|---|---|---|
| HB 481 | Mariano | HB 1165; SB 900 | Malt Beverages; Prohibits consignment sales of malt beverages; authorizes bona fide returns; authorizes distributors to accept returns; provides requirements for returns, exchanges, & recordkeeping; specifies authorized returns are not gifts, loans, or other prohibited forms of financial aid or assistance; provides penalties; provides for rulemaking. | 1/15/2020: Favorable by Government Operations and Technology Appropriations Subcommittee; YEAS 9 NAYS 0; Now in Commerce Committee |
| HB 583 | Sabatini | HB 6037; SB 138; SB 482 | Repeals provisions relating to limitations on size of individual wine containers & individual cider containers; revises provisions that authorize restaurant to allow patrons to remove partially consumed bottles of wine from restaurant for off-premises consumption; revises requirements for sale of branded products by licensed craft distillery to consumers. | 1/15/2020: Favorable by Government Operations and Technology Appropriations Subcommittee; YEAS 9 NAYS 2; Now in Commerce Committee |
| HB 1153 | DiCeglie | HB 1165; SB 1584 | Authorizes manufacturer who possesses vendor's license to sell, transport, & deliver to vendors under certain circumstances; revises alcoholic beverage inventory requirements for specified warehouse space; prohibits certain entities or persons from assisting, providing, or accepting specified items, monies, or services to certain other entities or persons; revises requirements for vendor to be licensed as manufacturer; authorizes certain manufacturers to transport malt beverages in vehicles owned or leased by certain persons other than manufacturer and termination of a contract with a distributor under certain circumstances. | 2/5/2020: CS referred to Commerce Committee; Now in Commerce Committee; CS by Business and Professions Subcommittee read 1st time |
| HB 1165 | Raschein | HB 481; HB 583; HB 1153; HB 6037; SB 138; SB 482; SB 900; SB 1584 | Authorizes Division of Alcoholic Beverages & Tobacco to issue licenses to certain craft distilleries; provides requirements for licensed vendor premises; repeals provisions relating to limitations on size of individual wine containers & individual cider containers; revises provisions that authorize restaurant to allow patrons to remove partially consumed bottles of wine from restaurant for off-premises consumption; revises requirements for sale of branded products by licensed craft distillery to consumers; authorizes certain licensed vendors of alcoholic beverages to allow dogs in certain designated areas on their licensed premises; authorizes craft distillery to conduct specified tastings on licensed premises. | 3/2/2020: CS by Commerce Committee read 1st time |
| HB 6017 | Sabatini | None | Repeals Florida's Tied House Evil Statute, Florida Statutes Section 561.42. | 1/14/2020: Introduced |
| HB 6037 | LaMarca | HB 583; SB 138; SB 482 | Repeals Florida Statutes Section 564.05, which imposes limitation of size of individual wine containers. | 3/14/2020: Senate: Indefinitely postponed and withdrawn from consideration |
| HB 7097 | Ways and Means Committee | None | Provides credit against excise taxes payable on alcoholic beverages for contributions to charitable organizations | 3/13/2020: House: Ordered engrossed, then enrolled |
| SB 138 | Hutson | HB 583; HB 6037; SB 482; | Repealing provisions relating to limitations on the size of individual wine containers and individual cider containers; revising provisions that authorize a restaurant to allow patrons to remove partially consumed bottles of wine from a restaurant for off-premises consumption; revising the requirements for the sale of branded products by a licensed craft distillery to consumers, etc. | 3/14/2020: Indefinitely postponed and withdrawn from consideration |
| SB 482 | Brandes | HB 583; HB 6037; SB 138; ; | Repealing provisions relating to limitations on the size of individual wine containers and individual cider containers; revising provisions that authorize a restaurant to allow patrons to remove partially consumed bottles of wine from the restaurant for off-premises consumption; revising the requirements for the sale of branded products by a licensed craft distillery to consumers; authorizing a craft distillery to transfer specified quantities of specified distilled spirits from certain locations to its souvenir gift shop, etc. | 3/14/2020: Indefinitely postponed and withdrawn from consideration |
| SB 900 | Stargel | HB 481; HB 1165 | Prohibiting certain sales of malt beverages between a distributor and vendor; authorizing bona fide returns of malt beverages under certain conditions; authorizing distributors to accept returns of certain products under specified conditions; specifying that authorized returns are not gifts, loans, or other prohibited forms of financial aid or assistance, etc. | 3/14/2020: Indefinitely postponed and withdrawn from consideration |
| SB 1584 | Perry | HB 1153; HB 1165 | Authorizing a manufacturer who possesses a vendor’s license to sell, transport, and deliver malt beverages to vendors under certain circumstances; revising alcoholic beverage inventory requirements for warehouse space owned or leased by certain distributors; revising the percentage of licensed vendors a distributor must sell to in certain locations to be presumed to be selling to licensed vendors generally; prohibiting certain entities and persons from directly or indirectly assisting or providing specified items, moneys, or services to a licensed vendor, etc. | 3/14/2020: Indefinitely postponed and withdrawn from consideration |
Do you have questions about how these proposed changes to Florida Beverage Law could affect our business or your plans for a new beverage business? Contact us at contact@brewerlong.com to schedule a consultation with a beverage attorney.
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