Surety Bond Encyclopedia

Alcohol Manufacturer Bond - Statewide in Florida

Brief Summary

Florida sets the manufacturer bond by what you make. A brewery files $20,000, a winery $5,000, and a distillery or rectifier $25,000, all on the division's own Form DBPR ABT-6032. The Division of Alcoholic Beverages and Tobacco will not issue the license until a properly executed bond is on file, so getting the right amount on the right form the first time keeps the application moving.

Every Florida alcoholic beverage manufacturer files a surety bond with the Division of Alcoholic Beverages and Tobacco under Fla. Stat. 561.37 to secure payment of the taxes due under the Beverage Law. The division's bond schedule lists $20,000 for malt beverage (beer) manufacturers, $5,000 for wine and for wine and cordial manufacturers, and $25,000 for distilled spirits and for rectifying or blending. The bond goes on Form DBPR ABT-6032 and must be written by a surety licensed in Florida.

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How to Apply for a Alcohol Manufacturer Bond:

  • Identify your manufacturer license series (CMB, AMW, BMWC, DD or ERB), which sets the bond amount.
  • Use the legal name and premises address exactly as they appear on the ABT license application.
  • Provide owner or officer information for the surety's underwriting review.
  • Sign the bond on Form DBPR ABT-6032 with the Manufacturer box checked.
  • Attach a certified copy of the surety agent's power of attorney.
  • File the bond with your local ABT auditing district office before the license is issued.

Detailed Information About the Florida Alcohol Manufacturer Bond:

The amount depends on what you manufacture

Applicants often assume one flat figure for every manufacturer. Fla. Stat. 561.37 sets different amounts, and the division's bond instructions apply them by license series:

  • Malt beverages (beer), series CMB: $20,000
  • Wine only, series AMW: $5,000
  • Wine and cordials, series BMWC: $5,000
  • Distilled spirits, series DD: $25,000
  • Rectifying or blending, series ERB: $25,000

When the division can accept less

The statute lets the division accept a smaller bond when the volume of business is small enough that a lower amount will still secure all taxes due. A general manufacturer's $25,000 bond can be reduced but never below $10,000. A brewer's $20,000 bond has the same $10,000 floor. A manufacturer engaged solely in the experimental manufacture of wines and cordials from Florida products may be allowed a bond as low as $1,000, and the division can later require it increased, up to $5,000. A reduction is the division's decision, not the applicant's.

What the bond guarantees

Section 561.37 is titled Bond for payment of taxes. On Form DBPR ABT-6032 the manufacturer agrees to account for and pay over promptly to the division all money due, and to comply with Florida's beverage law in Chapters 561 through 568.

Filing and cancellation

Rule 61A-2.002 requires every bond under the beverage law to be written by a surety company licensed to do business in Florida and to be filed with and approved by the director. The division asks for a certified copy of the surety agent's power of attorney with the bond, and the bond is submitted to your local ABT auditing district office. The surety may cancel by giving the division sixty days written notice and remains liable for the principal's acts through the cancellation date.

Eligibility and Requirements for a Florida Alcohol Manufacturer Bond:

  • Surety company licensed to do business in Florida, per Rule 61A-2.002.
  • Obligee: State of Florida, Division of Alcoholic Beverages and Tobacco.
  • Bond of $20,000 for beer, $5,000 for wine or wine and cordials, or $25,000 for distilled spirits and rectifying or blending.
  • Any reduced amount approved by the division under Fla. Stat. 561.37.
  • Sixty days written notice from the surety to the division before cancellation takes effect.

Florida Alcohol Manufacturer Bond FAQs:

Is the bond the same for a brewery, a winery and a distillery?

No. The division's schedule lists $20,000 for malt beverage manufacturers, $5,000 for wine and for wine and cordial manufacturers, and $25,000 for distilled spirits and for rectifying or blending.

Can a small craft operation file a smaller bond?

Possibly. Fla. Stat. 561.37 lets the division accept less when your volume of business makes a smaller bond adequate to secure the taxes. The floor is $10,000 for general manufacturers and brewers. A maker engaged solely in experimental manufacture of wines and cordials from Florida products can go as low as $1,000. The division decides, and it can later require the bond increased.

What does the bond protect?

Payment of the taxes assessed or authorized by the Beverage Law. If the manufacturer fails to account for and pay over money due to the division, the division can claim against the bond, and the manufacturer must repay the surety for any claim it pays.

Will the division issue my license while the bond is pending?

No. The division's bond instructions state that no license or permit can be issued without a properly executed surety bond.

Who can write the bond?

A surety company licensed to do business in Florida. Rule 61A-2.002 also requires the bond to be filed with and approved by the director, and the division asks for a certified copy of the surety agent's power of attorney.

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