Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 6073 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS:
  REFERENCE                                                         ACTION                  ANALYST                STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF
  1) Regulatory Reform Subcommittee                                 16 Y, 1 N               Thompson               Anstead
  2) Commerce Committee                                             24 Y, 0 N               Thompson               Hamon
                                                         SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.
Current law addressing limitations on the size of individual wine containers provides the following:
    The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
    Wine may be sold in a reusable container of 5.16 gallons.
    Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
       containers of any size.
    Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
       consumed off the premises must be in the unopened original container.
    Violations are a second-degree misdemeanor.
The bill repeals the law relating to limitations on the size of individual wine containers.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h6073d.COM
DATE: 3/16/2021
                                                       FULL ANALYSIS
                                                I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Current Situation
         Beverage Law
         In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
         by manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco
         (Division) in the Department of Business and Professional Regulation (DBPR) administers and
         enforces the Beverage Law.3
         “Alcoholic beverages” are defined as “distilled spirits and all beverages containing one-half of 1 percent
         or more alcohol by volume.” “Malt beverages” are brewed alcoholic beverages containing malt.4
         The license and registration classifications used in the Beverage Law include the following:
             “Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same
                at wholesale to licensed distributors and to no one else within the state, unless authorized by
                statute.”
             “Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
                persons who are licensed to sell alcoholic beverages.”
             “Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
                beverages to licensed manufacturers or licensed distributors, and to no one else in this state.5
             “Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase
                or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
                licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law.”6
         Wine Container Limitations
         “Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
         fermentation or by natural fermentation with brandy added, in the manner required by the laws and
         regulations of the United States, and includes all sparkling wines, champagnes, combination of the
         aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
         added to wine to make it conform to the consumer’s taste, except that the ultimate flavor or the color of
         the product may not be altered to imitate a beverage other than wine or to change the character of the
         wine.7
         Current law prohibits the sale of wine in an individual container that holds more than one gallon.
         However, wine may be sold in a reusable container of 5.16 gallons.8
         Distributors and manufacturers are authorized to sell wine to other distributors and manufacturers in
         containers of any size.9
        Except for restaurants in certain situations,10 wine sold or offered for sale by a licensed vendor to be
        consumed off-premises must be in the unopened original container.11
1
  Section 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
  See s. 561.14, F.S.
3
  S. 561.02, F.S.
4
  S. 563.01, F.S.
5
  S. 561.01(5), F.S.
6
  S. 561.14, F.S.
7
  S. 564.01(1), F.S.
8
  S. 564.05, F.S.
9
  Id.
STORAGE NAME: h6073d.COM                                                                                                 PAGE: 2
DATE: 3/16/2021
         Violations are a second-degree misdemeanor, punishable by a maximum $500 fine12 and 60 days in
         prison.13
         Effect of the Bill
         The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
     B. SECTION DIRECTORY:
         Section 1        Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.
         Section 2        Provides for an effective date.
                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
     A. FISCAL IMPACT ON STATE GOVERNMENT:
         1. Revenues:
             None.
         2. Expenditures:
             None.
     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
         1. Revenues:
             None.
         2. Expenditures:
             None.
     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
         impact on businesses that sell wine.
     D. FISCAL COMMENTS:
         None.
                                                         III. COMMENTS
     A. CONSTITUTIONAL ISSUES:
         1. Applicability of Municipality/County Mandates Provision:
10
   S. 564.09, F.S. The exception allows restaurant patrons to leave the premises with “one unsealed bottle of wine for consumption off
the premises,” provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely
resealed by the licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened,
attached to a dated receipt indicating the full course meal, and transported in a locked vehicle glove compartment, locked trunk, or
behind the last upright seat of a motor vehicle that is not equipped with a trunk.
11
   S. 564.05, F.S.
12
   S. 775.083(1)(e), F.S.
13
   Section 775.082(4)(b), F.S.
STORAGE NAME: h6073d.COM                                                                                                      PAGE: 3
DATE: 3/16/2021
         Not Applicable. This bill does not appear to affect county or municipal governments.
       2. Other:
         None.
   B. RULE-MAKING AUTHORITY:
       The bill does not appear to create a need for rulemaking or rulemaking authority.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
N/A
STORAGE NAME: h6073d.COM                                                                        PAGE: 4
DATE: 3/16/2021
Statutes affected: 
H 6073 Filed: 564.05