The craft beer industry in Florida is governed by a combination of federal, state, and local laws. Here's an overview of the key regulations and requirements:
Before operating a brewery in Florida, you must obtain a Brewer’s Notice from the Alcohol and Tobacco Tax and Trade Bureau (TTB). This federal permit involves submitting detailed information about your brewing processes, equipment, and business structure. It's a prerequisite before applying for state-level licenses.
The Florida Division of Alcoholic Beverages and Tobacco (ABT), under the Department of Business and Professional Regulation (DBPR), oversees the state's alcohol laws. Key licenses include:
Purpose: Allows production and distribution of beer.
Issued by: ABT.
Annual Fee: $3,000.
Requirements: Completion of DBPR Form ABT-6001 and a tax bond of at least $20,000. (Brewers' Law)
Purpose: For brewpubs producing beer for on-premises consumption.
Production Cap: 5,000 barrels per year.
Restrictions: Beer cannot be sold to distributors or off-premises.
2COP License: Permits sale of beer and wine for on-premises consumption.
4COP License: Allows sale of beer, wine, and spirits.
Fees: Range from $168 to $1,820, depending on county population.
Florida operates under a three-tier system: manufacturers, distributors, and retailers must remain separate entities. Breweries typically cannot sell directly to retailers or consumers off-premises without going through a distributor. However, exceptions exist for on-site taproom sales and brewpubs.
Recent legislative efforts, such as House Bill 499 and Senate Bill 1818, aim to allow small craft breweries to self-distribute limited quantities directly to vendors, bypassing distributors. As of May 2025, these bills are still under consideration.
In addition to state and federal regulations, local municipalities may require:
Business License: Issued by the city or county.
Certificate of Occupancy: Ensures the building meets local codes.
Health Permits: Required if serving food.
Zoning Compliance: Confirm the location is zoned for brewery operations.
Beer labels must comply with both federal and state regulations, including:
Brand Name: Clearly displayed.
Type of Beer: E.g., lager, ale.
Alcohol Content: By volume.
Brewer’s Information: Name and address.
Labels must be submitted to the ABT for approval before the beer can be sold.
Florida's craft beer industry faces challenges due to the strict three-tier system and limited self-distribution rights. The Florida Brewers Guild advocates for reforms, including:
Self-Distribution: Allowing small breweries to sell directly to retailers.
Franchise Law Reform: Easing restrictions on brewery-distributor contracts.
Excise Tax Adjustments: Reducing the tax burden on small breweries.
If you're considering opening a craft brewery in Florida, it's advisable to consult with legal experts familiar with state and local regulations to navigate the complex licensing landscape effectively.
