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Big Beer’s Senate bill an attempt to hurt state’s craft breweries

While many other states see the good that craft breweries are working across the country and try to help them, many in Florida’s Senate are trying to hamper their growth. The Brewers Association released statistics last week stating that craft breweries in the U.S. grew by 20% last year, and currently employ 110,273 people across the country. Why then, does the Florida legislature seem to have a grudge against these job creators?

The Florida Senate is led by Don Gaetz, the man who “[doesn’t] know” why 64oz growlers are illegal and stands “with the beer distributors in my district” has come out in support of the Florida Beer Wholesalers Association, which seems to lean heavily in favor of AB-InBev. Their attempts to limit the growth of Florida’s craft breweries has come in the form of preventing Florida breweries from filling 64oz growlers, but this legislative season has turned ugly.

Last week the Florida Senate filed a bill, SB 7120, that is one of the worst attempts to hurt Florida’s craft breweries to date.

For legal expertise, we turn to our friend Ross Appel at Komlossy Law to explain a few of the bill’s provisions. SB 7120, backed by Big Beer, would:

Defines Growlers as “a clean container made of glass, ceramic, metal, or similar leak-proof material having a capacity of 32 ounces or 64 ounces which, in response to an order in a face-to-face transaction for off-premises consumption, is filled with a malt beverage and sealed on the premises at or immediately before or after the time of sale.” Prohibits the gallon growler.

Places major restrictions on breweries that also hold a vendor’s license:

*Sales for off-premises consumption may only be made in growlers in face-to-face transactions
*The delivery of a growler would be illegal
*It would prohibit another consumer from buying a growler and giving it to somebody else. Come on (unenforceable).
*Will prohibit a brewpub from shipping beer between its own premises
*Will prohibit a brewpub from distributing or selling beer off its brewpub site
*Prohibits the sale of beer in individual containers greater than 32 ounces unless it is in a 64 ounce growler

In the original blog post, Ross also mentions the members of the committee who will hear the bill. Please contact these members and voice opposition to SB

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Big Beer Bill threatens community breweries

In light of the progress being made by the growler bill (shhhhh, don’t jinx it!), it was only a matter of time before an inflammatory bill was introduced that would threaten Florida’s small breweries.

That strange and outlandish bill came via the office of Representative Ray Wesley Rodrigues of Fort Myers on Monday. To make more sense of this bill, our friend Ross of Komlossy Law in Hollywood, Florida has written a new blog discussing the few ups and the major downs of this new bill.

This bill will have a major impact on:

1. Tasting rooms, and a brewery’s ability to sell to the public.
2. A brewery’s ability to exist without a distributor.
3. A brewery’s ability to have guest taps.
4. A brewery’s ability to pour their own collaboration beers.

In short, this bill will have a major impact on many areas that have made Florida’s breweries what they are–collaborative spirit, helping to promote each other, and tasting rooms.

While existing breweries might be grandfathered in, Florida is on the verge of dozens of breweries trying to come into existence, and this bill would definitely impact them.

Please contact your state representative and senator and please urge him or her NOT TO SUPPORT House Bill 1329.

For more information, please see Ross’s blog, or research this bill.