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Have a question? +1 815-826-6324 (815-8-BondAI) phil@AmericasSuretyBonds.com
Army Veteran Owned | Expert Surety Bonds Since 2004
Wine manufacturers sit in the cheapest seat in F.S. 561.37. The general manufacturer and distributor bond is $25,000 and a brewer posts $20,000, but the amount of bond required for a wine or wine and cordial manufacturer is $5,000. There is one lower figure, and it is narrow: for a manufacturer engaged solely in the experimental manufacture of wines and cordials from Florida products, the division may accept less than $5,000 where the volume of business makes it adequate, but never below $1,000, and it may require a reduced bond to be increased back toward $5,000 at any time.
Florida requires each manufacturer to file a surety bond with the Division of Alcoholic Beverages and Tobacco as surety for the payment of all taxes assessed or authorized by the Beverage Law. Under F.S. 561.37 the amount for a wine or wine and cordial manufacturer is $5,000. The bond runs to the State of Florida on DBPR form ABT-6032 and is filed at the appropriate district auditing office with a certified copy of the surety agent's power of attorney.
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F.S. 561.37 sets $25,000 for manufacturers and distributors generally, then carves out two lower amounts. Brewers post $20,000. And the amount of bond required for a wine or wine and cordial manufacturer is $5,000.
The only route below $5,000 applies to a manufacturer engaged solely in the experimental manufacture of wines and cordials from Florida products. For that manufacturer, where in the discretion of the division the amount of business is such that a smaller bond will be adequate to secure the taxes, the division may accept less, but in no event less than $1,000, and it may at any time require a bond under $5,000 to be increased so as not to exceed that amount. Read the word solely carefully, because a commercial winery producing for general sale is not in that category.
Payment of all taxes assessed or authorized by the Beverage Law. The State of Florida is the obligee. This is an excise tax bond, so the surety's exposure is unpaid tax rather than customer complaints or product issues.
DBPR form ABT-6032, the Division of Alcoholic Beverages and Tobacco Surety Bond Form, cites 561.37 and lists wine manufacturers at $5,000, malt beverage manufacturers at $20,000, distilled spirits at $25,000, beer and wine distributors at $25,000, and beer, wine and liquor distributors at $100,000. A properly certified copy of the surety agent's power of attorney goes in with the bond, filed at the appropriate district auditing office. The surety may cancel by giving sixty days notice in writing to the division, and remains liable for acts committed before the cancellation takes effect.
F.S. 564.02(2) sets the annual state license tax for manufacturers at $1,000 per plant or branch for wine only, and $2,000 per plant or branch for wine and cordials. Section 564.02(3)(a) sets $1,250 per establishment or branch for a distributor of malt beverages, wines and fortified wines, with a $50 rate under (3)(b) for a qualifying religious organization distributing for religious or sacramental purposes. The license tax and the bond are separate obligations.
Under F.S. 561.26 no license is issued except an annual license and licenses are renewed annually. Rule 61A-3.0101 puts manufacturers, brokers, sales agents, importers and passenger common carriers on an October 1 through September 30 term regardless of county location, while vendors and distributors follow county based cycles of either October 1 through September 30 or April 1 through March 31. A renewal is timely if the correct fee is received by the division or postmarked on or before the expiration date, and F.S. 561.27 allows renewal after expiration on payment of a penalty of $5 for each month or fraction of a month of delinquency.
No. F.S. 561.37 uses $25,000 for manufacturers and distributors generally, but states that the amount of bond required for a wine or wine and cordial manufacturer shall be $5,000. The DBPR bond form lists wine manufacturers at $5,000.
Only for a manufacturer engaged solely in the experimental manufacture of wines and cordials from Florida products, and only at the division's discretion based on the volume of business. Even then the bond can never be less than $1,000, and the division may require it to be increased back toward $5,000 at any time.
Payment of all taxes assessed or authorized by the Beverage Law, with the State of Florida as obligee. It is a tax bond rather than a general compliance or consumer protection bond.
DBPR form ABT-6032, filed with a properly certified copy of the surety agent's power of attorney at the appropriate district auditing office of the Division of Alcoholic Beverages and Tobacco.
The surety may cancel by giving sixty days notice in writing to the Division of Alcoholic Beverages and Tobacco, and remains liable for acts committed before the cancellation takes effect.
F.S. 564.02(2) sets an annual state license tax of $1,000 for each plant or branch for a manufacturer of wine only, and $2,000 for each plant or branch for a manufacturer of wines and cordials.
Manufacturer licenses run October 1 through September 30 regardless of county under rule 61A-3.0101, unlike vendors and distributors, which follow county based cycles. A renewal is timely if the correct fee is received or postmarked on or before the expiration date.
F.S. 561.27 allows a license to be renewed after expiration on payment of a penalty of $5 for each month or fraction of a month of delinquency.
Florida does not set premium. A surety prices the $5,000 bond off underwriting: the winery's financials, ownership credit, time in operation, and excise tax filing history, which matters because this bond secures tax. At this size most applicants are quoted quickly, and the rate is the only variable.
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