THE BILL ITSELF
HB 1155
Malt Beverages
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A bill to be entitled
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An act relating to malt beverages; amending 561.42,
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F.S.; authorizing certain manufacturers to sell and
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deliver malt beverages to vendors; amending s.
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563.022, F.S.; authorizing a manufacturer to
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terminate, cancel, nonrenew, and discontinue certain
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contracts under certain conditions; providing that
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such terminations, cancellations, nonrenewals, and
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discontinuances are not violations of unlawful acts
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and practices provisions; authorizing the Division of
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Alcoholic Beverages and Tobacco to determine a
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manufacturer's yearly production amount, upon the
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manufacturer's request; providing that certain
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information is prima facie evidence; authorizing the
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division to adopt rules; providing applicability;
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amending s. 561.221, F.S.; conforming a cross-
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reference; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (15) is added to section 561.42,
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Florida Statutes, to read:
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561.42 Tied house evil; financial aid and assistance to
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vendor by manufacturer, distributor, importer, primary American
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source of supply, brand owner or registrant, or any broker,
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sales agent, or sales person thereof, prohibited; procedure for
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enforcement; exception.—
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(15) Nothing in this section or any other provision of the
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Beverage Law shall prohibit a malt beverage manufacturer who
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produces less than 31,000 gallons of malt beverages within a
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calendar year from selling and delivering the malt beverages
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produced by the manufacturer directly to vendors.
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Section 2. Subsections (12) through (21) of section
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563.022, Florida Statutes, are renumbered as subsections (13)
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through (22), respectively, and a new subsection (12) is added
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to that section, to read:
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563.022 Relations between beer distributors and
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manufacturers.—
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(12) TERMINATION, CANCELLATION, NONRENEWAL, AND
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DISCONTINUANCE OF FRANCHISE AGREEMENT.—
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(a) Notwithstanding any provision of law relating to
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franchise agreements or any other provision in this section, a
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manufacturer may terminate, cancel, nonrenew, or discontinue a
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franchise agreement when all of the following occur:
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1. The manufacturer produced less than 31,000 gallons of
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beer in the 12 months before the effective date of the franchise
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agreement.
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2. The manufacturer provides written notice of the
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termination, cancellation, nonrenewal, or discontinuance of the
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franchise agreement to the distributor not less than 24 months
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before the effective date of the termination, cancellation,
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nonrenewal, or discontinuance.
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3. The manufacturer provides written notice of the
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termination, cancellation, nonrenewal, or discontinuance to the
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distributor not less than 36 months, but not more than 38
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months, after the effective date of the franchise agreement.
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(b) A franchise agreement that is terminated, cancelled,
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nonrenewed, or discontinued under this subsection is not a
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violation of subsection (4), and a manufacturer is not required
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to pay reasonable compensation to a distributor.
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(c) At the request of a manufacturer, the division may
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determine the manufacturer's yearly production amount. A
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determination by the division, when certified in writing, is
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prima facie evidence of the amount of beer produced by the
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manufacturer in a 12-month period. The division may adopt rules
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for manufacturers to request written certification of the amount
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of beer produced by a manufacturer in a given period. However, a
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manufacturer may not make such request more than once in any 12-
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month period. A determination by the division that a
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manufacturer produces less than 31,000 gallons in a 12-month
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period is effective for 3 years.
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(d) This subsection applies to all franchise agreements
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entered into on or after July 1, 2026, and may not be waived by
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any party in a franchise agreement.
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Section 3. Paragraph (c) of subsection (2) of section
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561.221, Florida Statutes, is amended to read:
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561.221 Licensing of manufacturers and distributors as
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vendors and of vendors as manufacturers; conditions and
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limitations.—
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(2)
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(c) Notwithstanding any other provision of the Beverage
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Law, a manufacturer holding multiple manufacturing licenses may
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transfer malt beverages to a licensed facility, as provided in
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s. 563.022(15)(d) s. 563.022(14)(d), in an amount up to the
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yearly production amount at the receiving facility. Malt
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beverages and other alcoholic beverages manufactured by another
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licensed manufacturer, including any malt beverages that are
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owned in whole or in part by the manufacturer but are brewed by
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another manufacturer, must be obtained through a licensed
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distributor that is not also a licensed manufacturer, a licensed
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broker or sales agent, or a licensed importer.
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Section 4. This act shall take effect July 1, 2026.