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) “The Beverage 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 term definition does 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 may shall not 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 to
  110  s. 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 persons that holds hold a license issued by the
  151  division and meets meet the 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 under the
  159  provisions of s. 501(c)(3) of the Internal Revenue Code of 1986
  160  or of the 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 as ascribed to them in ss.
  236  561.01 ss. 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. 561.01 s. 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. 561.01 s. 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), or licensed
  364  under s. 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, including to include
  398  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. 561.01 s. 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 section the general law may 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 section law
  467  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 section law cannot 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 section proviso
  488  may be annually renewed as now provided 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. 561.01 s. 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. 561.01 s. 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 beverages that are owned in whole or in
  534  part by 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 that but are 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  barrels 10,000 kegs per year. For purposes of this subsection,
  557  the 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.—Each manufacturer and
  564  each distributor 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
  568  manufacturer or distributor 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,
  575  however, that the amount of bond required for a brewer shall be
  576  $20,000, except that where, in the discretion of the division,
  577  the amount of business done by the brewer is of such volume that
  578  a bond of less than $20,000 will be adequate to secure the
  579  payment of all taxes assessed or authorized by the Beverage Law,
  580  the division may accept a bond in a lesser sum than $20,000, but
  581  in no event shall it accept a bond of less than $10,000, and it
  582  may at any time in its discretion require any bond in an amount
  583  less than $20,000 to be increased so as not to exceed $20,000;
  584  provided further that the amount of the bond required for a wine
  585  or wine and cordial manufacturer shall be $5,000, except that,
  586  in the case of a manufacturer engaged solely in the experimental
  587  manufacture of wines and cordials from Florida products, where
  588  in the discretion of the division the amount of business done by
  589  such manufacturer is of such volume that a bond of less than
  590  $5,000 will be adequate to secure the payment of all taxes
  591  assessed or authorized by the Beverage Law, the division may
  592  accept a bond in a lesser sum than $5,000, but in no event shall
  593  it accept a bond of less than $1,000 and it may at any time in
  594  its discretion require a bond in an amount less than $5,000 to
  595  be increased so as not to exceed $5,000; provided, however
  596  further, 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. 561.01 s. 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. 561.01 s. 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. 561.01 s. 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 barrels 10,000 kegs of 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         563.042Contract 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) A No manufacturer, brewer, bottler, distributor, or
  776  importer of malt beverages, whether licensed under the beverage
  777  laws of this state or not, may not shall sell 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. 561.01 s. 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.
  814  561.01(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. 561.01 s. 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.