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PCS for HB 499 — An Act Relating to Malt Beverages (2025)

Summary

PCS for HB 499 (2025), a bill of the Florida House of Representatives relating to malt beverages. Section 1 adds a subsection to section 561.42, Florida Statutes, stating that a malt beverage manufacturer that produces less than 31,000 gallons of malt beverages within a calendar year may sell and deliver the malt beverages directly to vendors. Section 2 amends section 563.022, Florida Statutes, to let a manufacturer terminate, cancel, nonrenew, or discontinue a franchise agreement when the manufacturer produced less than 31,000 gallons of beer in the 12 months before the agreement's effective date and gives the required written notice. The new subsection applies to franchise agreements entered into on or after July 1, 2025.

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Issuer
Congressional materials
Document type
2025 3288 Industries Professional Activities Subcommittee Proposed Committee Bills Pcbs Fn
Case
2025 3288 Industries Professional Activities Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 499

Cite this document

“PCS for HB 499 — An Act Relating to Malt Beverages (2025).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3288-industries-professional-activities-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-499/, SHA-256 00ec835d850034d2e62b56d2296c5db3cfe28d64ec60d930ac6a76af650e6fa2.

Full text

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           PCS for HB 499                                                                                       2025




    1                                         A bill to be entitled
    2              An act relating to malt beverages; amending 561.42,
    3              F.S.; allowing certain manufacturers to sell malt
    4              beverages to vendors; amending s. 563.022, F.S.,
    5              providing that a manufacturer may terminate, cancel,
    6              nonrenew, or discontinue certain contracts under
    7              certain conditions; providing that it only applies to
    8              contracts entered into on a certain date; providing
    9              that certain information is prima facie evidence;
10                 providing an effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.         Subsection (15) is added to section 561.42,
15         Florida Statutes, to read:
16                 561.42         Tied house evil; financial aid and assistance to
17         vendor by manufacturer, distributor, importer, primary American
18         source of supply, brand owner or registrant, or any broker,
19         sales agent, or sales person thereof, prohibited; procedure for
20         enforcement; exception.—
21                 (15)         Nothing in this section or any other provision of the
22         Beverage Law shall prohibit a malt beverage manufacturer who
23         produces less than 31,000 gallons of malt beverages within a
24         calendar year from selling and delivering the malt beverages
25         produced by the manufacturer directly to vendors.

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        PCS for HB 499                                                                                       2025




26              Section 2.         Subsections (12) through (21) are renumbered to
27      subsections (13) through (22) and subsection (12) of section
28      563.022, Florida Statutes, is amended to read:
29              563.022       Relations between beer distributors and
30      manufacturers.—
31                  (12)(a) Notwithstanding any provision of law relating to
32      franchise agreements or any other provision in this section, a
33      manufacturer may terminate, cancel, nonrenew, or discontinue a
34      franchise agreement when all of the following occur:
35              1.       The manufacturer produced less than 31,000 gallons of
36      beer in the 12 months prior to the effective date of the
37      franchise agreement.
38              2.       The manufacturer provides written notice of the
39      termination, cancellation, nonrenewal, or discontinuance of the
40      franchise agreement to the distributor not less than 24 months
41      before the effective date of the termination, cancellation,
42      nonrenewal, or discontinuance.
43              3.       The manufacturer provides the written notice to the
44      distributor not less than 36 months after the effective date of
45      the agreement but not more than 38 months after the effective
46      date of the agreement.
47              (b)      A franchise agreement that is terminated, cancelled,
48      nonrenewed, or discontinued under the provisions of this
49      subsection is not a violation of subsection (4), and a
50      manufacturer is not required to pay reasonable compensation to a

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        PCS for HB 499                                                                                       2025




51      distributor.
52              (c) At the request of a manufacturer, a manufacturer’s
53      yearly production amount may be determined by the division. A
54      determination by the division, when certified in writing, is
55      prima facie evidence of the amount of beer produced by a
56      manufacturer in a 12-month period. The division may adopt rules
57      for manufacturers to request written certification of the amount
58      of beer produced by a manufacturer in a given period. However, a
59      manufacturer may not make such request more than once in any 12-
60      month period. A determination by the division that a
61      manufacturer produces less than 31,000 gallons in a 12-month
62      period, is effective for 3 years.
63              (d) This subsection applies to all franchise agreements
64      entered into on or after July 1, 2025, and may not be waived by
65      any party in a franchise agreement.
66              Section 3.         This act shall take effect July 1, 2025.




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