FL Stat § 565.03 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 565 - Liquor|565.03 - License Fees; Manufacturers, Distributors, Brokers, Sales Agents, and Importers of Alcoholic Beverages; Vendor Licenses and Fees; Distilleries and Craft Distilleries.

1565.03 License fees; manufacturers, distributors, brokers, sales agents, and importers of alcoholic beverages; vendor licenses and fees; distilleries and craft distilleries.—(1) As used in this section, the term:(a) “Branded product” means any distilled spirits product that:1. Is owned by a craft distillery;2. Contains distilled spirits that are manufactured by distilling, rectifying, or blending by the craft distillery on its licensed premises; and3. Has a federal certificate and label approval by the Federal Government.(b) “Craft distillery” means a licensed distillery in this state which distills, rectifies, or blends 250,000 gallons or less of distilled spirits per calendar year on its premises.(c) “Distillery” means a manufacturer of distilled spirits.(2)(a) A distillery may not operate as a craft distillery until the distillery has provided to the division written notification that it meets the criteria specified in paragraph (1)(b). Upon the division’s receipt of the notification and its verification that the distillery meets all such criteria, the division shall add the designation of craft distiller on the distillery’s license.(b) A person may not share common ownership in more than 10 craft distilleries, provided that no more than:1. Four of the distilleries each distill, rectify, or blend 250,000 gallons or less of distilled spirits per calendar year; and2. Six of the distilleries each distill, rectify, or blend 50,000 gallons or less of distilled spirits per calendar year.As used in this paragraph, the term “common ownership” means having a direct or indirect financial interest in two or more distilleries by the same person.(c) Effective July 1, 2026, a minimum of 60 percent of a craft distillery’s total finished branded products must be distilled in this state and contain one or more Florida agricultural products.(d) A distillery or a craft distillery authorized to do business under the Beverage Law shall pay an annual state license tax for each plant or branch operating in the state, as follows:1. A distillery engaged in the business of manufacturing distilled spirits: $4,000.2. A craft distillery engaged in the business of manufacturing distilled spirits: $1,000.3. A person engaged in the business of rectifying and blending spirituous liquors and nothing else: $4,000.(e) A licensed distillery or licensed craft distillery may engage in the business of rectifying or blending spirituous liquors without the payment of an additional license tax.(f) A craft distillery may sell directly to consumers up to 75,000 gallons per calendar year of branded products that are manufactured by the craft distillery on its premises. A craft distillery may sell branded products directly to consumers by the drink for consumption on the premises or by the package in factory-sealed containers for consumption off the premises. Such sales are authorized only in the craft distillery’s souvenir gift shop or tasting room located on private property contiguous to the licensed premises. Branded products sold to consumers must have been distilled, rectified, or blended on the distillery premises that is located contiguous to the craft distillery’s souvenir gift shop or tasting room. The souvenir gift shop or tasting room must be in this state and included on the sketch or diagram defining the licensed premises submitted with the distillery’s license application. All sketch or diagram revisions by the distillery shall require the division’s approval verifying that the locations of the souvenir gift shops and tasting rooms operated by the licensed distillery are owned or leased by the distillery and on property contiguous to the distillery’s production building in this state.1. Except as authorized under s. 565.17(2), a craft distillery may not sell any factory-sealed individual containers of spirits to consumers except in face-to-face sales transactions with such consumers at the craft distillery’s licensed premises. Such branded products must be in compliance with the container limits under s. 565.10 and be intended for personal consumption rather than for resale.2. A craft distillery must report to the division within 5 days after it exceeds the production limits or is no longer operating under the requirements or limitations provided in paragraph (1)(b). Any retail sales of branded products by the drink or by the package to consumers at the craft distillery’s licensed premises are prohibited beginning the day after it exceeds the production limitation.3. A craft distillery may not ship or arrange to ship any of its branded products or any other alcoholic beverages to consumers and may sell and deliver only to consumers within the state in a face-to-face transaction at the distillery property. However, a craft distillery licensed under this section may ship, arrange to ship, or deliver such spirits to any manufacturers of distilled spirits, wholesale distributors of distilled spirits, state or federal bonded warehouses, or exporters.4. Except as provided in subparagraph 5., it is unlawful to transfer a craft distillery license or any ownership interest in such license to an individual or entity that has a direct or indirect ownership interest in any distillery that distills, rectifies, or blends 250,000 gallons or more per calendar year of distilled spirits under any license issued in this state; in another state, territory, or country; or by the United States Government to distill, blend, or rectify distilled spirits for beverage purposes.5. Except as provided in paragraph (b), a craft distillery may not have its ownership affiliated with another distillery, unless such distillery is owned by an individual or entity that distills, rectifies, or blends 250,000 gallons or less per calendar year of distilled spirits on each of its premises in this state or in another state, territory, or country.6. A craft distillery may transfer up to 75,000 gallons per calendar year of its branded products that it distills, rectifies, or blends from its federal bonded space, nonbonded space at its licensed premises, or storage areas to its souvenir gift shop and tasting room.(3) Distributors authorized to do business under the Beverage Law, unless otherwise provided, shall pay a state license tax of $4,000 for each and every establishment or branch they may operate or conduct in the state. However, in counties having a population of 15,000 or less according to the latest state or federal census, the state license tax for a restricted license shall be $1,000, but the holder of such a license shall be permitted to sell only to vendors and distributors licensed in the same county, and such license shall contain such restrictions. In such counties, licenses without such restrictions may be obtained as in other counties, but the tax for a license without such restrictions shall be the same as in other counties. Warehouses of a licensed distributor used solely for storage and located in the county in which the license is issued to such distributor shall not be construed to be separate establishments or branches.(4) Each broker or sales agent and each importer of alcoholic beverages, as defined in s. 561.14(4) and (5), respectively, shall pay an annual state license tax of $500.(5) A craft distillery making sales under paragraph (2)(f) is responsible for submitting any excise taxes due to the state on distilled spirits under the Beverage Law with its monthly report to the division.(6) A craft distillery shall keep complete and accurate records of all alcoholic beverages received from any point within or outside the state from another manufacturer, or from a broker or sales agent or importer, including any delivery invoice or other record of the common or contract carrier of freight making the delivery of such alcoholic beverages. The records shall be kept and maintained for a period of 3 years, as required by s. 561.55.(7) Upon the request of a craft distillery licensed in this state, the Department of Transportation shall install directional signs for the craft distillery on the rights-of-way of interstate highways and primary and secondary roads in accordance with Florida’s Highway Guide Sign Program as provided in chapter 14-51, Florida Administrative Code. A craft distillery licensed in this state that requests placement of a directional sign through the department’s permit process shall pay all associated costs.(8) The division may adopt rules to administer this section.History.—s. 5, ch. 72-230; s. 18, ch. 81-158; s. 876, ch. 97-103; s. 1, ch. 2013-157; s. 129, ch. 2014-17; s. 10, ch. 2015-12; s. 1, ch. 2015-52; s. 1, ch. 2017-46; s. 7, ch. 2017-137; s. 2, ch. 2021-166.1Note.—Section 6(1), ch. 2013-157, provides that “[t]he Legislature declares that it would not have enacted individually the amendments to ss. 565.03 and 561.14, Florida Statutes, and expressly finds the amendments to those provisions not to be severable. If a court of competent jurisdiction determines any provision of those sections as amended by this act to be in conflict with any law of this state, a federal law or regulation, the State Constitution, or the United States Constitution, or to be otherwise invalid for any reason, it is the intent of the Legislature that the amendments to ss. 565.03 and 561.14, Florida Statutes, shall be void, that such invalidity shall void only those changes made by this act to ss. 565.03 and 561.14, Florida Statutes, and that no other law be affected.”Note.—Former s. 561.35.