Latvala

Where We Are With 2015 Malt Beverage Legislation

I have been asked a few times in recent days for a quick update of where things generally stand as we near the halfway point in the 2015 legislative session.  This is that:

Senate Bill 186, filed by Senator Jack Latvala, began as the straightforward growler bill that the distribution lobby claimed they would unconditionally support. While it began by simply adding language that would allow 64 ounce growlers and controlled who could sell them and listed labeling requirements, it has grown quite a bit.

It now removes the tourism exception so that the law simply states that a manufacturer may obtain a vendors license on property consisting of a single complex that includes a brewery.  Simply, if you have a brewery, you can have a vendors license on the premises (taproom). This way, the distributors and retailers no longer require clarification from Florida’s ABT to explain what the tourism exception means.

It limits […]

By |March 27th, 2015|Blog|0 Comments

Propaganda Season in the Beer Industry – Force the Distribution Lobbyists to Make Sense

Some of the distribution and retail groups – generally the ones behind the administrative proceedings that sought to challenge the tourism exception – are beginning to ramp up their efforts in the realm of incredibly easy-to-recognize propaganda. The message, as is often the case, will be without context and will focus on ignoring the realities of the situation. Hey, look over here and please don’t question what’s happening over there (let’s focus on the fact that craft beer in Florida exists but not consider how it can thrive further with a more reasonable statutory scheme that works in other parts of the country).

The rallying cry is that the three tier system works. What that means, for many, is let’s not grow. Let’s not evolve. Let’s leave things the way they are. It also means that they want people – legislators, consumers, media – to believe that this is the three […]

By |March 16th, 2015|Blog|0 Comments

Florida House, Senate Committees Discuss Malt Beverage Regulations

Committees within the Florida House and Senate began discussions regarding the regulatory scheme surrounding beer in Florida on Wednesday. It was generally a day for the legislators to discuss the basics and gain some knowledge. In the Senate, the Regulated Industries Committee heard a presentation from an attorney with the Senate. The presentation was a general overview of the three tier system, tied house laws, licensing issues (including tourism exception) and growler/container size issues. The powerpoint presentation can be viewed in the meeting packet here. The Business and Professions Subcommittee in the House heard presentations from groups including the Florida Beer Wholesalers Association, Beer Industry of Florida and the Florida Brewers Guild on the three tier system, self distribution and franchise agreements (the distributor groups said you would rue the day you mess with franchise agreements).

The Regulated Industries Committee includes Senators Latvala and Stargel.  Stargel […]

By |January 22nd, 2015|Blog|0 Comments

Growler Suit Update

The day after Senator Latvala filed his straight-forward growler bill that would leave the container laws in place and specifically allow growlers of 32, 64 and 128 ounces, there are some updates on the growler litigation filed in Federal court.

First, Judge Robin L. Rosenberg quickly denied a motion for oral argument on the State’s motion to dismiss. Plaintiff sought the hearing as a strong opportunity to make the clear point that the statute in place is completely irrational and has no rational relationship to any government interest. The Judge will rule based upon the papers.

At the motion to dismiss stage, a court will accept all factual allegations contained in the complaint as true and construe the complaint liberally in favor of the plaintiff. Ultimately, if a complaint may give rise to the entitlement of relief that can be awarded by the court, it should not be dismissed. While it is a […]

By |December 17th, 2014|Blog|0 Comments

Come-To-Rest Exception

Florida likes to collect taxes. They want to ensure they get all of them. That’s not a Florida thing. Every government wants what they perceive to be theirs and every government wants to collect revenues.  Florida ranks in the top 10 in the United States in state excise tax rates on beer.  But a funny thing happened on the way to the bank: The Florida Senate’s Committee on Regulated Industries (chaired by Senator Kelli Stargel) introduced a bill that would remove one of the very requirements that purportedly exists to control and monitor that tax revenue. That requirement is the come-to-rest requirement (proper record keeping and thus proper tax collection is easier to verify with checks and balances).

On Tuesday, Senator Jack Latvala exposed Kelli Stargel’s lack of any true understanding of SB 1714 and, with time short in the committee meeting, he clearly felt […]

By |April 10th, 2014|Blog|3 Comments