PCS for HB 1165 (2020) — An act relating the Beverage Law
Summary
PCS for HB 1165 (2020), a bill to be entitled an act relating the Beverage Law, from the Commerce Committee. The title lists amendments to s. 561.221, F.S., authorizing the division to issue vendor's licenses to certain craft distilleries, and to s. 561.24 and s. 561.42, F.S. It also lists the creation of s. 562.65, F.S., on dogs in designated areas of licensed premises, and of s. 563.061, F.S., on consignment sales of malt beverages. Section 11 states that the act takes effect July 1, 2020.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“PCS for HB 1165 (2020) — An act relating the Beverage Law.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-2994-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-8867f275b4/
, SHA-256 5281a40afe69e036642f909fe7348cb78dda5f1be19b4c31a4c41eeec9d3c339.Full text
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
1 A bill to be entitled
2 An act relating the Beverage Law; amending s. 561.221,
3 F.S.; authorizing the division to issue vendor's
4 licenses to certain craft distilleries for the sale of
5 alcoholic beverages on the distillery's licensed
6 premises; requiring that the licensed vendor premises
7 be included on certain sketches and diagrams under
8 certain circumstances; requiring that all revisions to
9 sketches or diagrams be approved by the division;
10 requiring the division to issue permits to craft
11 distilleries for conducting tastings and sales at
12 certain events; requiring craft distilleries to pay
13 entry fees for such events and have a representative
14 of the distillery present at each event; requiring
15 that certain alcoholic beverages be obtained through a
16 licensed distributor, a licensed broker or sales
17 agent, or a licensed importer; amending s. 561.24,
18 F.S.; authorizing a craft distillery to be licensed as
19 a distributor under certain circumstances; amending s.
20 561.42, F.S.; prohibiting certain entities and persons
21 from directly or indirectly assisting or providing
22 specified items, monies, or services to a licensed
23 vendor; prohibiting a licensed vendor from accepting
24 specified items, monies, or services from certain
25 entities or persons; authorizing the Division of
Page 1 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
26 Alcoholic Beverages and Tobacco adopt rules and
27 require reports to enforce, and to impose
28 administrative sanctions for a violation of
29 limitations established under the Beverage Law on
30 specified items, monies, or services; prohibiting a
31 vendor from displaying certain signs in the window or
32 windows of his or her licensed premises; authorizing
33 certain entities and persons to furnish, supply, sell,
34 rent, lend, or give certain advertising material to
35 certain vendors; defining the term "decalcomania";
36 providing exemptions relating to tied house evil for
37 certain sales and purchases of merchandise; providing
38 conditions for the exemptions; defining the term
39 "merchandise"; prohibiting the sale of certain
40 advertising specialties at a price higher than the
41 actual cost to the industry member; authorizing a
42 manufacturer or importer of malt beverages and a
43 vendor to enter into a written agreement for certain
44 purposes; providing requirements for such agreement;
45 defining the term "negotiated at arm's length";
46 specifying that a brand-naming rights agreement does
47 not obligate or place responsibility upon a
48 distributor; providing civil penalties; prohibiting
49 the division from imposing certain civil penalties;
50 creating s. 562.65, F.S.; providing definitions;
Page 2 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
51 authorizing certain licensed vendors of alcoholic
52 beverages to allow dogs in certain designated areas on
53 licensed premises; providing requirements; providing
54 for liability; authorizing the Division of Alcoholic
55 Beverages and Tobacco of the Department of Business
56 and Professional Regulation to adopt rules; creating
57 s. 563.061, F.S.; providing definitions; prohibiting
58 consignment sales of malt beverages between a
59 distributor and vendor; authorizing bona fide returns
60 of malt beverages under certain conditions; providing
61 applicability; authorizing distributors to accept
62 returns of certain products under specified
63 conditions; providing distributor requirements for
64 such returns; providing requirements for exchanges of
65 product; providing recordkeeping requirements;
66 specifying that authorized returns are not gifts,
67 loans, or other prohibited forms of financial aid or
68 assistance; providing penalties; providing for
69 rulemaking; repealing ss. 564.05 and 564.055, F.S.,
70 relating to limitations on the size of individual wine
71 containers and individual cider containers; amending
72 s. 564.09, F.S.; revising provisions that authorize a
73 restaurant to allow patrons to remove partially
74 consumed bottles of wine from the restaurant for off-
75 premises consumption; amending s. 565.03, F.S.;
Page 3 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
76 redefining the terms "branded product" and "craft
77 distillery"; revising the requirements for the sale of
78 branded products by a licensed craft distillery to
79 consumers; deleting a provision that prohibits a craft
80 distillery from selling more than six individual
81 containers of a branded product to a consumer;
82 revising requirements relating to the shipping of
83 distilled spirits to consumers by a craft distillery;
84 deleting requirements relating to the transfer of
85 certain distillery licenses and ownership therein;
86 deleting a prohibition against certain affiliations;
87 authorizing a craft distillery to transfer specified
88 quantities of specified distilled spirits from certain
89 locations to its souvenir gift shop; requiring a craft
90 distillery making such transfers to submit certain
91 excise taxes with its monthly report to the Division
92 of Alcoholic Beverages and Tobacco of the Department
93 of Business and Professional Regulation; amending s.
94 565.17, F.S.; authorizing a craft distillery to
95 conduct spirituous beverage tastings on specified
96 licensed premises under certain circumstances;
97 providing an effective date.
98
99 Be It Enacted by the Legislature of the State of Florida:
100
Page 4 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
101 Section 1. Subsection (4) is added to section 561.221,
102 Florida Statutes, to read:
103 561.221 Licensing of manufacturers and distributors as
104 vendors and of vendors as manufacturers; conditions and
105 limitations.—
106 (4)(a) Notwithstanding s. 561.22, s. 561.42, or any other
107 provision of the Beverage Law, the division may issue up to
108 three vendor's licenses to a craft distillery licensed under s.
109 565.03, even if such distillery is also licensed as a
110 distributor, for the sale of alcoholic beverages on a craft
111 distillery's licensed premises.
112 (b) If a vendor's license is for the sale of alcoholic
113 beverages on a craft distillery's licensed premises, the
114 licensed vendor premises must be included on the sketch or
115 diagram defining the licensed premises submitted with the
116 distillery's license application. All sketch or diagram
117 revisions by the craft distillery must be approved by the
118 division and must verify that the vendor premises operated by
119 the licensed distillery is owned or leased by the craft
120 distillery and is located on the licensed distillery premises.
121 (c) The division shall, upon request, issue permits to a
122 craft distillery to conduct tastings and sales of distilled
123 spirits produced by the distillery at fairs, trade shows,
124 expositions, and festivals in this state. The craft distillery
125 shall pay all entry fees for such events and shall have a
Page 5 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
126 representative present during each event. A permit is limited to
127 the length of the event for which the permit is issued.
128 (d) Distilled spirits and other alcoholic beverages
129 manufactured by another licensed manufacturer, including any
130 distilled spirits that are owned in whole or in part by the
131 craft distillery but are distilled by another manufacturer, must
132 be obtained through a licensed distributor, a licensed broker or
133 sales agent, or a licensed importer.
134 Section 2. Subsection (9) is added to section 561.24,
135 Florida Statutes, to read:
136 561.24 Licensing manufacturers as distributors or
137 registered exporters prohibited; procedure for issuance and
138 renewal of distributors' licenses and exporters' registrations.—
139 (9) This section does not apply to a craft distillery, as
140 defined in s. 565.03, which is open to the public for tours,
141 tastings, and sales at least 30 hours each week.
142 Section 3. Subsections (13) and (14) of section 561.42,
143 Florida Statutes, are renumbered as subsections (14) and (15),
144 respectively, subsections (1), (8), (11), and (12) and paragraph
145 (b) of present subsection (14) are amended, and new subsections
146 (13) and (16) are added to that section, to read:
147 561.42 Tied house evil; financial aid and assistance to
148 vendor by manufacturer, distributor, importer, primary American
149 source of supply, brand owner or registrant, or any broker,
150 sales agent, or sales person thereof, prohibited; procedure for
Page 6 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
151 enforcement; exception.—
152 (1) A No manufacturer, distributor, importer, primary
153 American source of supply, or brand owner or registrant of any
154 of the beverages herein referred to, whether licensed or
155 operating in this state or out-of-state, or nor any broker,
156 sales agent, or sales person thereof, may not shall have any
157 financial interest, directly or indirectly, in the establishment
158 or business of any vendor licensed under the Beverage Law; nor
159 may shall such manufacturer, distributor, importer, primary
160 American source of supply, brand owner or brand registrant, or
161 any broker, sales agent, or sales person thereof, directly or
162 indirectly, assist any vendor by furnishing, supplying, selling,
163 renting, lending, buying for, or giving to any vendor any
164 vehicles, equipment, furniture, fixtures, signs, supplies,
165 credit, fees, slotting fees of any kind, advertising or
166 cooperative advertising, services, any gifts or loans of money
167 or property of any description, or by the giving of any rebates
168 of any kind whatsoever. A No licensed vendor may not shall
169 accept, directly or indirectly, any vehicles, equipment,
170 furniture, fixtures, signs, supplies, credit, fees, slotting
171 fees of any kind, advertising or cooperative advertising,
172 services, gifts any gift or loans loan of money or property of
173 any description, or any rebates of any kind whatsoever from any
174 such manufacturer, distributor, importer, primary American
175 source of supply, brand owner or brand registrant, or any
Page 7 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
176 broker, sales agent, or sales person thereof; provided, however,
177 that this does not apply to any bottles, barrels, or other
178 containers necessary for the legitimate transportation of such
179 beverages or to advertising materials and does not apply to the
180 extension of credit, for liquors sold, made strictly in
181 compliance with the provisions of this section. A brand owner is
182 a person who is not a manufacturer, distributor, importer,
183 primary American source of supply, brand registrant, or broker,
184 sales agent, or sales person thereof, but who directly or
185 indirectly owns or controls any brand, brand name, or label of
186 alcoholic beverage. Nothing in This section does not shall
187 prohibit the ownership by vendors of any brand, brand name, or
188 label of alcoholic beverage.
189 (8) The division may adopt rules and require reports to
190 enforce, and may impose administrative sanctions for any
191 violation of, the limitations established under the Beverage Law
192 on any vehicles, equipment, furniture, fixtures, signs,
193 supplies, credit, fees, slotting fees of any kind, advertising
194 or cooperative advertising, services, gifts or loans of money or
195 property of any description, rebates of any kind whatsoever in
196 this section on credits, coupons, and other forms of assistance.
197 (11) A vendor may display in the interior of his or her
198 licensed premises, including the window or windows thereof,
199 neon, electric, or other signs that require a power source;,
200 including window painting and decalcomanias applied to the
Page 8 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
201 surface of the interior or exterior of such windows;, and
202 posters, placards, and other advertising material advertising
203 the brand or brands of alcoholic beverages sold by him or her,
204 whether visible or not from the outside of the licensed
205 premises. However, a, but no vendor may not shall display in the
206 window or windows of his or her licensed premises more than one
207 neon, electric, or similar sign that requires a power source,
208 advertising the product of any one brand of alcoholic beverage
209 manufacturer.
210 (12) Any manufacturer, distributor, importer, primary
211 American source of supply, or brand owner or registrant, or any
212 broker, sales agent, or sales person thereof, may give, lend,
213 furnish, or sell to a vendor who sells the products of such
214 manufacturer, distributor, importer, primary American source of
215 supply, or brand owner or registrant any of the following: neon,
216 or electric, or other signs requiring a power source; signs,
217 window painting and decalcomanias applied to the surface of the
218 interior or exterior of windows; and, posters, placards, and
219 other advertising material herein authorized to be used or
220 displayed by the vendor in the interior of his or her licensed
221 premises. As used in this section, the term "decalcomania" means
222 a picture, design, print, engraving, or label made to be
223 transferred onto a glass surface.
224 (13) Any manufacturer, distributor, importer, primary
225 American source of supply, or brand owner or registrant, or any
Page 9 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
226 broker, sales agent, or sales person thereof, who regularly
227 sells merchandise to vendors, or any vendor who purchases
228 merchandise from such manufacturer, distributor, importer,
229 primary American source of supply, or brand owner or registrant,
230 or any broker, sales agent, or sales person thereof, does not
231 violate subsection (1) if:
232 (a) Such sale or purchase is equal to or greater than the
233 fair market value of the merchandise; not combined with any sale
234 or purchase of alcoholic beverages; separately itemized from the
235 sale or purchase of alcoholic beverages; and
236 (b) Both the seller and purchaser maintain records of any
237 such sale or purchase, including the price and any conditions
238 associated with such sale or purchase of the merchandise.
239
240 For purposes of this subsection, the term "merchandise" means
241 commodities, supplies, fixtures, furniture, or equipment. The
242 term does not include alcoholic beverages or a motor vehicle or
243 trailer requiring registration under chapter 320.
244 (15)(14) The division shall adopt reasonable rules
245 governing promotional displays and advertising. Such rules may
246 not conflict with or be more stringent than the federal
247 regulations pertaining to such promotional displays and
248 advertising furnished to vendors by distributors, manufacturers,
249 importers, primary American sources of supply, or brand owners
250 or registrants, or any broker, sales agent, or sales person
Page 10 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
251 thereof; however:
252 (b) Without limitation in total dollar value of such items
253 provided to a vendor, a manufacturer, distributor, importer,
254 primary American source of supply, or brand owner, or brand
255 registrant of malt beverage, or any broker, sales agent, or
256 sales person thereof, may rent, loan without charge for an
257 indefinite duration, or sell durable retailer advertising
258 specialties such as clocks, pool table lights, and the like,
259 which bear advertising matter. If sold, such items may not be
260 sold at a price less than the actual cost to the industry member
261 who initially purchased the items.
262 (16)(a) Notwithstanding other provisions of this section,
263 a manufacturer or importer of malt beverages and a vendor may
264 enter into a written agreement for brand-naming rights and
265 associated cooperative advertising, negotiated at arm's length,
266 for no more than fair market value if all of the following
267 conditions are met:
268 1. The vendor operates places of business where
269 consumption on the premises is permitted and the premises:
270 a. Are located within a theme park complex consisting of
271 at least 25 contiguous acres owned and controlled by the same
272 business entity;
273 b. Contain permanent exhibitions and a variety of
274 recreational activities; and
275 c. Has a minimum of 1 million visitors annually with a
Page 11 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
276 controlled entrance to, and exit from, the enclosed area.
277 2. Such agreement does not involve, either in whole or in
278 part, the sale or distribution of malt beverages between the
279 manufacturer or importer, or the manufacturer's or importer's
280 distributor, and a vendor.
281 3. The vendor, as a result of such agreement, does not
282 give preferential treatment to the alcoholic beverage brand or
283 brands of the manufacturer or importer with whom the vendor has
284 entered into such agreement.
285 4. Such agreement does not directly or indirectly limit
286 the sale of alcoholic beverages of another manufacturer or
287 importer, or distributor.
288 5. Within 10 days after execution of such agreement, the
289 vendor files with the division a description of the agreement
290 which includes the location, dates, and the name of the
291 manufacturer or importer that entered into the agreement.
292
293 As used in this paragraph, the term "negotiated at arm's length"
294 means the negotiation of a business transaction by independent
295 parties acting in each party's own individual self-interest and
296 conducted as if the parties were strangers, so that no conflict
297 of interest may arise.
298 (b) A manufacturer or importer of malt beverages who is a
299 party to a brand-naming rights agreement may not, directly or
300 indirectly, solicit or receive from any of its distributors any
Page 12 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
301 portion of the payment due from the manufacturer or importer of
302 malt beverages to the vendor pursuant to such agreement. Such
303 agreement exists solely between the manufacturer and the vendor
304 and does not, directly or indirectly, in any way obligate or
305 place responsibility, financial or otherwise, upon a
306 distributor.
307 (c) Notwithstanding s. 561.29(3) and (4), a manufacturer
308 of malt beverages, an importer of malt beverages, or a vendor
309 who violates this subsection is subject to:
310 1. A civil penalty of not more than $25,000, for a first
311 violation.
312 2. A civil penalty of not more than $100,000 for a second
313 violation occurring within 36 months after the date of the first
314 violation.
315 3. At the discretion of the division, in lieu of or in
316 addition to the penalty imposed under subparagraph 2.,
317 suspension or revocation of the alcoholic beverage license for a
318 third or subsequent violation occurring within 36 months after
319 the date of the first violation.
320
321 A violation occurring more than 36 months after a first
322 violation is deemed a first violation under this paragraph. When
323 imposing a civil penalty within the ranges provided in
324 subparagraphs 1. and 2., the division may not impose a civil
325 penalty in an amount greater than the financial value of the
Page 13 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
326 brand-naming rights agreement.
327 Section 4. Section 562.65, Florida Statutes, is created to
328 read:
329 562.65 Licensed premises of vendors; dogs allowed in
330 designated areas.—
331 (1) As used in this section, the term:
332 (a) "Division" means the Division of Alcoholic Beverages
333 and Tobacco of the Department of Business and Professional
334 Regulation.
335 (b) "Dog" means a dog that is domesticated and kept as a
336 household pet.
337 (c) "Licensed premises" has the same meaning as provided
338 in s. 561.01(11).
339 (d) "Vendor" means a person who is licensed under the
340 Beverage Law.
341 (2) A vendor may allow dogs in designated areas, including
342 certain indoor areas, of the licensed premises under the
343 following conditions:
344 (a) No more than 10 percent of the gross revenue of the
345 vendor's business may be from the sale of food consumed on the
346 licensed premises. Ice may not be considered food.
347 (b) Dogs must be kept on a leash and under control at all
348 times.
349 (c) Dogs may not be permitted on tables, bar tops, or
350 other furnishings.
Page 14 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
351 (d) Dogs may not be permitted in any area of the licensed
352 premises in which food is stored or prepared.
353 (e) Dog waste must be cleaned immediately and the area
354 must be sanitized.
355 (3) An individual may be held liable for failure to comply
356 with the conditions under paragraphs (2)(b)-(e) if such failure
357 causes injury or damage.
358 (4) The division may adopt rules to administer this
359 section.
360 Section 5. Section 563.061, Florida Statutes, is created
361 to read:
362 563.061 Return of malt beverage products.—
363 (1) DEFINITIONS.—As used in this section, the term:
364 (a) "Damaged product" means a malt beverage product
365 delivered to a vendor exhibiting product deterioration,
366 defective seals, leaking, damaged labels, or missing or
367 mutilated tamper-evident closures.
368 (b) "Keg" means a reusable container used to store and
369 dispense a malt beverage product in draft form on tap.
370 (c) "Manufacturer's code date" means a coded best-by date,
371 expiration date, or other designated date or dating system
372 established by a manufacturer to signify freshness that is
373 printed on the malt beverage container or, in the case of a keg,
374 marked on a cap, collar, tag, or label affixed directly to the
375 keg.
Page 15 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
376 (d) "Out-of-code product" means a malt beverage product
377 that has exceeded the manufacturer's code date and, according to
378 the manufacturer's policies, must be removed and replaced with
379 fresh product for purchase in the retail market.
380 (e) "Undamaged product" means a malt beverage product that
381 is not damaged or out of code.
382 (2) CONSIGNMENT SALES PROHIBITED; AUTHORIZED RETURNS.—A
383 distributor may not sell, offer for sale, or contract to sell
384 malt beverages on consignment or any basis other than a bona
385 fide sale. A vendor may not purchase, offer to purchase, or
386 contract to purchase malt beverages on consignment or any basis
387 other than a bona fide sale. Once a distributor sells malt
388 beverages to a vendor, only bona fide returns are permitted for
389 the ordinary and usual commercial reasons authorized in this
390 section. This section does not permit return of product because
391 it is overstocked or slow-moving or because it has limited or
392 seasonal demand, including, but not limited to, product packaged
393 in holiday decanters or distinctive bottles.
394 (3) RETURNS OF UNDAMAGED PRODUCT.—
395 (a) Except as provided in paragraph (b), undamaged product
396 may be returned for exchange of product or credit.
397 (b) A distributor may only accept a return of undamaged
398 product if the return is requested within 7 days after the
399 delivery date. However, a distributor may accept a return of
Page 16 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
400 undamaged product after such time in the following
401 circumstances:
402 1. If a vendor or its employees or agents are no longer
403 permitted, due to a change in regulation or administrative
404 procedure, to sell a particular brand or size product, such
405 product may be returned for credit or refund.
406 2. If a vendor terminates operations, the vendor's
407 inventory of product at the time of termination may be returned
408 for credit or refund. This subparagraph does not apply during a
409 vendor's temporary seasonal shutdown.
410 3. Except as provided in subparagraph 6., a product that
411 has not yet exceeded the manufacturer's code date may be
412 returned for purposes of ensuring quality control or freshness;
413 however, such product may only be returned for exchange of
414 product.
415 4. If a manufacturer has issued a product recall that
416 affects multiple vendors that are not affiliated through having
417 common ownership, being members of the same pool buying group,
418 or being members of the same advertising cooperative, the
419 recalled product may be returned for exchange of product or
420 credit. If return of such product is requested more than 7 days
421 after the delivery date, the distributor must keep documentation
422 of the recall with the transaction record maintained pursuant to
423 subsection (8).
Page 17 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
424 5. If production or importation of a product is
425 discontinued, a vendor's inventory of the discontinued product
426 may be returned for credit or refund.
427 6. If a vendor is only open for a portion of the year and
428 has product remaining at closure which, with respect to quality
429 control or freshness, would become unsuitable for sale during
430 the off-season according to the manufacturer's code date, such
431 product may be returned for credit or refund.
432
433 If undamaged product is returned under this paragraph, the
434 distributor must keep documentation of a qualifying exception in
435 subparagraphs 1.-6. with the transaction record maintained
436 pursuant to subsection (8).
437 (4) RETURNS OF DAMAGED PRODUCT.—
438 (a) Damaged product may only be returned for exchange of
439 product or credit. A distributor must verify damaged product
440 before accepting its return.
441 (b) Product damaged by a vendor, its employees or agents,
442 or its customers may not be returned and shall be the vendor's
443 liability.
444 (c) A distributor may only accept return of damaged
445 product if requested within 7 days after the delivery date.
446 (5) RETURNS OF OUT-OF-CODE PRODUCT.—
Page 18 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
447 (a) Out-of-code product may only be returned for exchange
448 of product. A distributor must verify out-of-code product before
449 accepting its return.
450 (b) A distributor may accept return of out-of-code product
451 any time after the manufacturer's code date only in the
452 following circumstances:
453 1. The manufacturer has written policies and procedures
454 that specify the date that out-of-code product should be
455 removed.
456 2. Such policies and procedures are readily available,
457 verifiable, and consistently applied by the manufacturer.
458 3. The manufacturer's code date is printed on the product
459 container or, in the case of a keg, marked on a cap, collar,
460 tag, or label affixed directly to the keg.
461 4. Out-of-code product removed by the distributor does not
462 reenter the retail market.
463 (6) EXCHANGES OF PRODUCT.—An exchange of product
464 authorized under this section must be in exact quantities with a
465 product of near or equal value, made by the same manufacturer,
466 and in the same size container or keg unless a credit is issued
467 at the time of the return.
468 (7) DISTRIBUTOR REQUIREMENTS FOR RETURNS.—This section
469 does not require a distributor to accept returns authorized
470 under this section; however, if a distributor accepts return of
471 product, the distributor must:
Page 19 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
472 (a) Provide the exchange of product, credit, or refund to
473 the vendor, as provided in subsections (3)-(5), at the same time
474 the distributor picks up the product being returned.
475 (b) For damaged or undamaged product, pick up the product
476 being returned within 14 days after receipt of the vendor's
477 request.
478 (8) TRANSACTION RECORDS.—A distributor must keep and
479 maintain for 3 years a transaction record of each return
480 identifying the vendor's business name, address, and license
481 number; product returned for exchange of product, credit, or
482 refund; and any other documentation required by this section.
483 The distributor must provide a copy of the transaction record to
484 the vendor in a format accessible and readable by the vendor.
485 Such transaction records must be maintained on the distributor's
486 licensed premises, or may be kept at another location in this
487 state if the distributor notifies the division in writing before
488 keeping records in another location, and must be made available
489 to the division upon request for inspection in a format
490 accessible and readable by the division. The distributor must
491 notify the division in writing of any change in recordkeeping
492 location.
493 (9) RETURNS NOT TIED HOUSE EVIL.—Bona fide returns
494 authorized under this section for exchange of product, credit,
495 or refund are not considered gifts, loans, or other forms of
496 financial aid or assistance prohibited by s. 561.42.
Page 20 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
497 (10) CIVIL PENALTY.—In accordance with s. 561.29, the
498 division may impose a civil penalty against a distributor or
499 vendor for any violation of this section, or any rule adopted
500 under this section, not to exceed $1,000 per violation.
501 (11) RULEMAKING AUTHORITY.—The division may adopt rules to
502 administer and enforce this section.
503 Section 6. Section 564.05, Florida Statutes, is repealed.
504 Section 7. Section 564.055, Florida Statutes, is repealed.
505 Section 8. Section 564.09, Florida Statutes, is amended to
506 read:
507 564.09 Restaurants; off-premises consumption of wine.—
508 Notwithstanding any other provision of law, a restaurant
509 licensed to sell wine on the premises may permit a patron to
510 remove one unsealed bottle of wine for consumption off the
511 premises if the patron has purchased a full course meal
512 consisting of a salad or vegetable, entree, a beverage, and
513 bread and consumed a portion of the bottle of wine with such
514 meal on the restaurant premises. A partially consumed bottle of
515 wine that is to be removed from the premises must be securely
516 resealed by the licensee or its employees before removal from
517 the premises. The partially consumed bottle of wine shall be
518 placed in a bag or other container that is secured in such a
519 manner that it is visibly apparent if the container has been
520 subsequently opened or tampered with, and a dated receipt for
521 the bottle of wine and full course meal shall be provided by the
Page 21 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
522 licensee and attached to the container. If transported in a
523 motor vehicle, the container with the resealed bottle of wine
524 must be placed in a locked glove compartment, a locked trunk, or
525 the area behind the last upright seat of a motor vehicle that is
526 not equipped with a trunk.
527 Section 9. Paragraphs (a) and (b) of subsection (1),
528 paragraphs (b) and (c) of subsection (2), and subsection (5) of
529 section 565.03, Florida Statutes, are amended to read:
530 565.03 License fees; manufacturers, distributors, brokers,
531 sales agents, and importers of alcoholic beverages; vendor
532 licenses and fees; distilleries and craft distilleries.—
533 (1) As used in this section, the term:
534 (a) "Branded product" means any distilled spirits product
535 manufactured on site, or manufactured on site and blended on
536 site with other distilled spirits, which requires a federal
537 certificate and label approval by the Federal Alcohol
538 Administration Act or federal regulations.
539 (b) "Craft distillery" means a licensed distillery that
540 produces 250,000 75,000 or fewer gallons per calendar year of
541 distilled spirits on its premises and is designated as a craft
542 distillery by has notified the division upon notification in
543 writing of its decision to qualify as a craft distillery.
544 (2)
545 (b) A licensed distillery or craft distillery may Persons
546 licensed under this section who are in the business of
Page 22 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
547 distilling spirituous liquors may also engage in the business of
548 rectifying and blending spirituous liquors without the payment
549 of an additional license tax.
550 (c) A craft distillery licensed under this section which
551 is not licensed as a vendor under s. 561.221 may sell to
552 consumers under its craft distillery license, at its souvenir
553 gift shop, up to 75,000 gallons per calendar year of branded
554 products distilled on its premises in this state in factory-
555 sealed containers that are filled at the distillery for off-
556 premises consumption by consumers. Such sales are authorized
557 only on private property owned or leased by the craft distillery
558 which is contiguous to the craft distillery's licensed
559 distillery premises approved by the division in this state and
560 included on the sketch or diagram defining the licensed premises
561 submitted with the distillery's license application. All sketch
562 or diagram revisions by the distillery shall require the
563 division's approval verifying that the souvenir gift shop
564 location operated by the licensed distillery is owned or leased
565 by the distillery and on property contiguous to the distillery's
566 production building in this state.
567 1. A craft distillery may not sell under its craft
568 distillery license any factory-sealed individual containers of
569 spirits to consumers in this state except in face-to-face sales
570 transactions with such consumers at the craft distillery's
571 licensed premises. Such containers must be in compliance with
Page 23 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
572 the container limits in s. 565.10 who are making a purchase of
573 no more than six individual containers of each branded product.
574 2. Each container sold in face-to-face transactions with
575 consumers must comply with the container limits in s. 565.10,
576 per calendar year for the consumer's personal use and not for
577 resale and who are present at the distillery's licensed premises
578 in this state.
579 2.3. A craft distillery must report to the division within
580 5 days after it reaches the production limitations provided in
581 paragraph (1)(b). Any retail sales to consumers under its craft
582 distillery license at the craft distillery's licensed premises
583 are prohibited beginning the day after it reaches the production
584 limitation.
585 3.4. A craft distillery that has not been issued a
586 vendor's license under s. 561.221 may not ship or arrange to
587 ship any of its distilled spirits to consumers in this state and
588 may sell and deliver only to consumers within the state in a
589 face-to-face transaction at the distillery property. However, a
590 craft distillery distiller licensed under this section may ship,
591 arrange to ship, or deliver such spirits to manufacturers of
592 distilled spirits, wholesale distributors of distilled spirits,
593 state or federal bonded warehouses, and exporters, or consumers
594 located outside of this state; however, all such shipments must
595 comply with the laws where such products are scheduled to be
596 delivered for personal use.
Page 24 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
597 4. A craft distillery may transfer up to 75,000 gallons
598 per calendar year of distilled spirits that it manufactures from
599 its federal bonded space, nonbonded space at its licensed
600 premises, or storage areas to its souvenir gift shop.
601 5. Except as provided in subparagraph 6., it is unlawful
602 to transfer a distillery license for a distillery that produces
603 75,000 or fewer gallons per calendar year of distilled spirits
604 on its premises or any ownership interest in such license to an
605 individual or entity that has a direct or indirect ownership
606 interest in any distillery licensed in this state; another
607 state, territory, or country; or by the United States government
608 to manufacture, blend, or rectify distilled spirits for beverage
609 purposes.
610 6. A craft distillery shall not have its ownership
611 affiliated with another distillery, unless such distillery
612 produces 75,000 or fewer gallons per calendar year of distilled
613 spirits on each of its premises in this state or in another
614 state, territory, or country.
615 (5) A craft distillery may transfer distilled spirits to
616 any of its retail areas pursuant to paragraph (2)(c) or s.
617 561.221 and making sales under paragraph (2)(c) is responsible
618 for submitting any excise taxes due to the state on distilled
619 spirits on beverages under the Beverage Law with in its monthly
620 report to the division with any tax payments due to the state.
621 Section 10. Section 565.17, Florida Statutes, is amended
Page 25 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1165 2020
622 to read:
623 565.17 Beverage tastings by distributors, craft
624 distilleries, and vendors.—A licensed distributor of spirituous
625 beverages, a craft distillery, as defined in s. 565.03, or any
626 vendor, is authorized to conduct spirituous beverage tastings
627 upon any licensed premises authorized to sell spirituous
628 beverages by package or for consumption on premises without
629 being in violation of s. 561.42, provided that the conduct of
630 the spirituous beverage tasting shall be limited to and directed
631 toward the general public of the age of legal consumption.
632 Section 11. This act shall take effect July 1, 2020.
Page 26 of 26
CODING: Words stricken are deletions; words underlined are additions.
V
File and source
- File
- 2020_2994_commerce-committee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1165.pdf
- Size
- 176,277 bytes
- SHA-256
- 5281a40afe69e036642f909fe7348cb78dda5f1be19b4c31a4c41eeec9d3c339
- Original
- No public link identified.