Division of Alcoholic beverages and tobacco
News and Notices
This emergency rule defines “established price” as used in s. 210.25(13), F.S., and concerns the assessment of tobacco products. The rule states that the established price of a tobacco product includes all costs of sale between a manufacturer and a distributor; the plain meaning of the statute.
Effective Date: March 9, 2016
Expiration Date: June 7, 2016
The purpose and effect of the proposed rule amendments is to update, add clarity, and omit obsolete references to the current rule which addresses requirements for special restaurant licenses.
The purpose and effect of the proposed rule is to promulgate Rule 61A-2.023, F.A.C. in order to establish the processes for tax assessments, including taxpayer appeal rights.
The purpose and effect of the proposed rule is to define applicable license qualifications and create a license application. The Division does not anticipate preliminary rule language to be prepared in advance of the workshop on March 3, 2015.
The purpose and effect of the proposed rule is to repeal rule 61A-4.0131, F.A.C.
02/25/2016 - Informational Bulletin 2016-001:
Manufacturing of Cider or Mead in Florida
Cider is a beverage created most commonly by fermenting the juice of apples and may include flavored, sparkling, or carbonated cider varieties. This informational bulletin discusses the current authority for manufactoring cider or mead, the licenses required, and excise taxes applicable under the Florida Beverage Law.
Excise Tax Rate On Pear Cider
During the 2016 Legislative Session, Chapter 564.06, Florida Statutes was amended to include pear cider in the special taxing rate of $.89 per gallon. Click for more information on this change.
The Department of Business & Professional Regulation, Division of Alcoholic Beverages & Tobacco, is informing the alcoholic beverage industry that the Division has investigated and continues to investigate/audit all aspects of pool buying including, but not limited to, proper record keeping, the conduct of pool buying agents, pool buying members and distributors. Click for more information on pool buying.
The Division of Alcoholic Beverages and Tobacco has investigated and continues to investigate alleged violations of Florida’s Tied House Law, Section 561.42, Florida Statutes. These investigations have led to administrative action by the Division regarding transactions between licensed wholesale distributors and licensed retail vendors (restaurants, bars, etc.) for unlawful compensation, either directly or indirectly through third party marketing companies, in violation of Section 561.42, Florida Statutes, and the rules implementing this statute. Click for more information on Tied House Evil.
Florida’s Beverage Law is contained in chapters 561, 562, 563, 564, 565, 567, and 568, Florida Statutes. In 2005, a federal court held that it is unconstitutional for Florida to prohibit the direct shipment of wine by out-of-state wineries while at the same time authorizing the direct shipment of wine by in-state producers. The remainder of the Florida Beverage Law, however, continues to apply to the sale of alcoholic beverages, including the direct shipment of wine by both in-state and out-of-state wineries. Click for more information on beverage law related to the direct shipment of wine.
For reference, the Division has compiled declaratory statements issued from 1995 – present, available here: Index of Declaratory Statements. The index includes the subject area, petitioner name, year issued, and a link to review the filed copy of each declaratory statement.