FLORIDA BEVERAGE LEGISLATION: 2023 PRE-SESSION REVIEW OF BEVERAGE BILLS

The 2023 Session of the Florida Legislature will include consideration of a number of bills affecting breweries, wineries, distilleries, retailers and consumers.

The 2023 regular session of the Florida Legislature kicks off Tuesday, March 7, 2023. This 2-month session will see the consideration of a number of bills that could affect the Florida beverage industry as soon as July.

For a refresher on how a bill goes from being introduced to becoming law in Florida, check out the Florida Senate’s Idea-to-Law Flowchart and the Florida League of City’s short video: Florida’s Legislative Process 101.

The following chart provides a summary of this session’s beverage-focused bills. We’ll check back in on the status of these bills at end of the session.

Descriptions of 2023 Bills

The 2023 legislation features just 3 pairs of proposed companion bills affecting Florida’s alcoholic beverage industry. In each case, the proposed changes are relatively minor.

Eliminate Limitation on Size of Wine Containers. House Bill 523 and Senate Bill 534 propose to eliminate Florida Statutes Section 564.05. This law requires that wine containers be less than 1 gallon, with an exception for 5.16 gallon kegs. Repeal of this law would allow wine to be sold in any wine container size.

Eliminate Requirement to Register Undistributed Beer Brands. House Bill 1459 and Senate Bill 658 would modify Florida Statutes Section 563.045, which requires registration and payment of a $30 registration fee for beer brands. If the bills become law, this requirement would only apply to beer brands that are sold to Florida distributors. For beer brands that are only sold in a brewery’s taproom, no brand registration would be required.

Eliminate Size and Service Requirements for SFS Licenses. House Bill 639 and Senate Bill 1262 would make it easier for restaurants to get beer, wine, and liquor retail licenses. Under Florida Statutes Section 561.20(2)(a)4. currently, such a license is only available to a restaurant that (a) has 2,500 square feet of service area, (b) is equipped to serve meals to 150 persons at one time, and (c) derive at least 51% of its gross food and beverage revenue from the sale of food and nonalcoholic beverages. The bills would eliminate the first two requirements–the minimum food service area and the minimum persons served requirement.

Do you have any questions about how these proposed changes to Florida Beverage Laws could affect your beverage business? Contact us to schedule a consultation with a beverage attorney.

Because we’re attorneys: Disclaimer. Originally posted 03/05/2023.

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