Florida

Updated: 9/1995

Status: Permitted, subject to amount (gallonage) and age restriction.

Statute

Florida state statute 562.165 represents one of the most comprehensive provisions allowing for the production of beer or wine in the home for personal or family use. The statute was last amended in 1983.

Discussion

Florida statute 563.01 defines “beer” and “malt beverage” as all brewed beverages that contain malt. Statute 562.165 provides that an individual, who is not prohibited by section 562.111 (possession of alcoholic beverages by persons under age 21 prohibited), may produce beer for personal or family use, and not for sale in the following amounts:

(a) Not in excess of 200 gallons per calendar year if there are two persons over the age of 21 in the household.

(b) Not in excess of 100 gallons per calendar year if there is only one person over the age of 21 in the household.

Any personal or family production of beer in excess of the above amounts or any sale of such alcoholic beverage constitutes a violation of the beverage law.

Special Provisions

Beer made under the provisions of this statute maybe removed from the home for personal or family use, including use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judging. Beer used for this purpose shall not be sold or offered for sale.

State Alcohol Beverage Control Agency

Bureau of Licensing and Records Division of Alcohol, Beverages and Tobacco

• 1940 North Monroe Street
• Tallahassee, FL 32399-1021
• Phone: 904.488.8288
• Fax: 904.488.9264

Applicable Statutory Material

562.165  Production of beer or wine for personal or family use; exemption.–

(1)  Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such beer permitted to be produced with respect to any household shall be as follows:

(a)  Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.

(b)  Not in excess of 100 gallons per calendar year if there is only one such person in such household.

(2)  Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce wine for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without a license. The aggregate amount of such wine permitted to be produced with respect to any household shall be as follows:

(a)  Not in excess of 200 gallons per calendar year if there are two or more such persons in such household.

(b)  Not in excess of 100 gallons per calendar year if there is only one such person in such household.

(3)  Any personal or family production of beer or wine in excess of the amount permitted in this section or any sale of such alcoholic beverages constitutes a violation of the Beverage Law.

(4)  Wine and beer made under the provisions of this section may be removed from the premises where made for personal or family use, including use at organized affairs, exhibitions, or competitions, such as homemakers’ contests, tastings, or judgings. Wine or beer used under this subsection shall not be sold or offered for sale.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.