Senate Bill sb0126c1

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    Florida Senate - 2007                   CS for SB's 126 & 2282

    By the Committee on Regulated Industries; and Senators
    Saunders and Geller




    580-2336-07

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; amending

  3         s. 561.14, F.S.; providing for a license

  4         classification as a winery shipper; creating s.

  5         561.585, F.S.; providing legislative intent;

  6         authorizing certain direct shipments of wine to

  7         persons 21 years of age or older for personal

  8         consumption; requiring licensure of winery

  9         shippers; providing requirements for licensure;

10         providing prohibitions; requiring that a winery

11         shipper licensee file a surety bond with the

12         Division of Alcoholic Beverages and Tobacco of

13         the Department of Business and Professional

14         Regulation; providing for an applicant to

15         obtain a temporary initial license; limiting

16         the amount that a winery shipper licensee may

17         ship to a household; requiring that each

18         container of wine shipped directly be labeled

19         with a notice; providing requirements for

20         verifying the age of a purchaser; requiring the

21         winery shipper licensee and common carrier to

22         obtain a signature of the addressee; providing

23         that belief by a licensee or common carrier of

24         a purchaser's legal age is a complete defense

25         to a civil action; requiring monthly reports to

26         the division by winery shipper licensees;

27         requiring a common carrier making deliveries of

28         wine to register with the division; requiring

29         that a common carrier maintain certain records;

30         requiring winery shipper licensees to collect

31         and remit taxes to the Department of Revenue;

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 1         requiring the maintenance of certain records

 2         for a specified period; providing for audits by

 3         the division and the Department of Revenue;

 4         providing that a licensee is deemed to have

 5         consented to the jurisdiction of the division,

 6         other state agencies, local law enforcement

 7         agencies, and state courts; providing

 8         penalties; amending s. 561.54, F.S.; removing a

 9         provision requiring that the licensee be

10         aggrieved by a violation involving prohibited

11         delivery from without the state in order to

12         have standing to bring an action; exempting

13         from such prohibition the shipment of wine by a

14         winery shipper licensee; amending s. 561.545,

15         F.S., relating to the prohibition against the

16         direct shipment of alcoholic beverages;

17         exempting applicability of such prohibition to

18         the shipment of wine by a winery shipper

19         licensee; amending s. 561.57, F.S.; providing

20         for Internet orders to be construed as

21         telephone orders; exempting common carriers,

22         licensees, or other persons using common

23         carriers as their agents from certain

24         report-filing requirements; requiring common

25         carriers to verify the age of persons receiving

26         shipments; amending s. 599.004, F.S.; revising

27         qualifications for certification of Florida

28         Farm Wineries; amending s. 561.24, F.S.;

29         authorizing certain manufacturers of wine

30         holding a distributor's license to renew such

31         license; removing an exemption of Florida Farm

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 1         Wineries from the prohibition against a

 2         manufacturer's being licensed as a distributor

 3         or registered as an exporter; providing for

 4         severability; providing that certain contracts

 5         are not impaired; providing for rulemaking by

 6         the Division of Alcoholic Beverages and Tobacco

 7         and the Department of Revenue; providing an

 8         effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (8) is added to section 561.14,

13  Florida Statutes, to read:

14         561.14  License and registration

15  classification.--Licenses and registrations referred to in the

16  Beverage Law shall be classified as follows:

17         (8)  Wineries licensed as winery shippers under s.

18  561.585.

19         Section 2.  Section 561.585, Florida Statutes, is

20  created to read:

21         561.585  Direct shipment of wine for personal

22  consumption.--

23         (1)  LEGISLATIVE INTENT.--It is the intent of the

24  Legislature that this section apply only to the sale and

25  distribution of wine produced by wineries that manufacture no

26  more than 250,000 gallons of wine per year. The Legislature

27  finds a rational basis for the limitations contained in this

28  section as the least discriminatory means of protecting the

29  public and state revenues through equivalent regulation of

30  farm wineries. It is the intent of the Legislature that the

31  state continue to maintain and enforce laws regulating the

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 1  importation, distribution, and sale of alcoholic beverages.

 2  The Legislature finds that the importation, distribution, and

 3  sale of alcoholic beverages require strict regulation of

 4  orderly markets with transparent and accountable distribution

 5  and sale to promote temperance by discouraging consumption by

 6  underage persons and abusive consumption by adults and to

 7  facilitate the collection of excise and sales taxes critical

 8  to the fiscal health of the state. The Legislature finds that

 9  this is best achieved by a comprehensive system of licensed

10  and regulated importation into and distribution and sale

11  within the state. The Legislature continues to maintain its

12  interest in the state exercising its proper police power,

13  ensuring enforcement of the Beverage Law, and regulating the

14  transportation, importation, distribution, and sale of

15  alcoholic beverages to the maximum extent allowed by the State

16  and United States Constitutions. The Legislature reaffirms its

17  intent that the direct shipment of beer and spirits to

18  residents of this state remains prohibited and reaffirms its

19  intent to uphold and preserve the laws of this state relating

20  to alcoholic beverages against constitutional challenges.

21         (2)  WINERY SHIPPER LICENSURE REQUIREMENTS.--

22         (a)  Notwithstanding any provision of the Beverage Law

23  or any rule to the contrary, a person, firm, corporation, or

24  other entity that is licensed as a winery shipper under this

25  section may ship wine directly to any person who is at least

26  21 years of age for personal use only and not for resale. In

27  order to obtain or renew a winery shipper's license, an

28  applicant must:

29         1.  File an application with the division on forms

30  prescribed by the division.

31  

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 1         2.  Qualify for licensure under ss. 561.15 and 561.17

 2  or provide a true copy of a certification from the alcoholic

 3  beverage licensing authority of the Federal Government or the

 4  state in which the winery is located that qualifications for

 5  that winery license include, at a minimum, the following

 6  components:

 7         a.  Fingerprinting of applicants;

 8         b.  Disqualification of applicants under 21 years of

 9  age;

10         c.  Disqualification of applicants convicted of:

11         (I)  Any violation of the beverage laws of this state,

12  the United States, or any other state in the past 5 years;

13         (II)  Any felony in this state or another state within

14  the past 15 years; or

15         (III)  Any criminal violation of the controlled

16  substance act of this state, the United States, or any other

17  state.

18         3.  Obtain and maintain a current license as a primary

19  American source of supply as provided in s. 564.045.

20         4.  Provide to the division a true copy of its current

21  wine manufacturer's license issued by this state or another

22  state and a true copy of its current federal basic permit as a

23  wine producer issued in accordance with the Federal Alcohol

24  Administration Act.

25         5.  Provide to the division a copy of its registration

26  number from the Department of Revenue as a collector and

27  remitter of state sales tax and evidence that its registration

28  is current.

29         6.  Provide to the division a copy of its appointment

30  of a registered agent in this state for acceptance of service

31  

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 1  of process. It must also notify the division upon a change in

 2  registered agents.

 3         7.  Manufacture no more than 250,000 gallons of wine

 4  per year.

 5         8.  Pay an annual license fee in the amount of $250.

 6         9.  File with the division a surety bond acceptable to

 7  the division in the sum of $5,000 as surety for the payment of

 8  all taxes, unless the volume of business done by the winery

 9  shipper licensee is such that a bond of less than $5,000 will

10  be adequate, in which case the division may accept a bond in a

11  lesser sum, but not less than $1,000. The surety bond

12  currently on file with the division for a winery pursuant to

13  s. 561.37 is deemed to comply with this requirement. Any

14  applicant that has a surety bond for another license on file

15  with the division which is in excess of $5,000 is deemed to be

16  in compliance with this requirement.

17         (b)  An applicant under this section may obtain a

18  temporary initial license as provided in s. 561.181.

19         (c)  The division may not issue a license under this

20  section if the applicant or licensee is owned by a winery that

21  manufactures more than 250,000 gallons of wine annually.

22         (d)  A winery shipper licensee may not ship or cause to

23  be shipped the equivalent of more than 12 cases or 144 bottles

24  of wine per calendar year to any household. For purposes of

25  this section, a case is defined as a container of bottles

26  totaling not more than 9,000 milliliters of wine and a bottle

27  is defined as a container of not more than 750 milliliters of

28  wine.

29         (e)  A winery shipper licensee shall comply with the

30  limitation on the size of a wine container as specified in s.

31  564.05.

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 1         (2)  LABEL.--Each winery shipper licensee shall ensure

 2  that the outside shipping label on each package is conspicuous

 3  and includes the following components:

 4         (a)  This package contains alcohol.

 5         (b)  An adult signature is required.

 6         (c)  The recipient must be at least 21 years of age.

 7         (3)  AGE VERIFICATION.--Each winery shipper licensee

 8  must verify the purchaser's age at the point of purchase

 9  before completing any transaction and must refuse the sale of

10  wine to any person under 21 years of age. Verification methods

11  for purposes of this section must include receiving a copy,

12  electronic or otherwise, of a purchasers driver's license or

13  other acceptable identification card referenced in subsection

14  (4).

15         (4)  SIGNATURE.--

16         (a)  Each winery shipper licensee and common carrier

17  shall require, prior to delivery, that the signature of the

18  addressee or other person at least 21 years of age is obtained

19  after presentation of a valid driver's license, an

20  identification card issued under the provisions of s. 322.051,

21  a comparable identification card issued by another state which

22  indicates the person's age, a passport, or a United States

23  Uniformed Services identification card.

24         (b)  A winery shipper licensee or common carrier who

25  violates this subsection shall have a complete defense to any

26  civil action therefor, except for any administrative action by

27  the division, if, at the time the alcoholic beverage was sold,

28  given, delivered, or transferred, the person falsely evidenced

29  that he or she was of legal age to purchase or consume the

30  alcoholic beverage and the appearance of the person was such

31  that an ordinarily prudent person would believe him or her to

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 1  be of legal age to purchase or consume the alcoholic beverage

 2  and if the winery shipper licensee or common carrier acted in

 3  good faith and in reliance upon the representation and

 4  appearance of the person in the belief that he or she was of

 5  legal age to purchase or consume the alcoholic beverage and

 6  carefully checked one of the following forms of identification

 7  with respect to the person: a valid driver's license, an

 8  identification card issued under the provisions of s. 322.051,

 9  a comparable identification card issued by another state which

10  indicates the person's age, a passport, or a United States

11  Uniformed Services identification card.

12         (5)  MONTHLY REPORT.--

13         (a)  Each winery shipper licensee shall report monthly

14  to the division on forms prescribed by the division:

15         1.  Whether any wine product was shipped into or within

16  this state under this section during the preceding month.

17         2.  The total amount of wine shipped into or within

18  this state under this section during the preceding month.

19         3.  The quantity and types of wine shipped into or

20  within this state under this section during the preceding

21  month.

22         4.  The amount of excise tax paid to the division for

23  shipments of wine into or within this state under this section

24  during the preceding month.

25         (b)  The report required by this subsection is not

26  required from a winery shipper licensee who files a monthly

27  report pursuant to s. 561.55 which contains all the

28  information required in paragraph (a). The division may

29  prescribe the format for submission of this information in

30  order to eliminate duplicate filings.

31  

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 1         (6)  COMMON CARRIERS.--Common carriers making

 2  deliveries under this section shall:

 3         (a)  Register with the division and acknowledge their

 4  intent to deliver wines and acknowledge the requirements for

 5  delivery of such shipments;

 6         (b)  Refuse to deliver a shipment if the recipient

 7  appears to be under 21 years of age and does not present valid

 8  identification required by this section; and

 9         (c)  Obtain the recipient's address, signature, and

10  acknowledgement of personal consumption for each delivery,

11  maintain such records for 3 years, and have them available for

12  inspection upon request by the division.

13         (7)  TAXES.--

14         (a)  Each winery shipper licensee shall collect and

15  remit monthly to the Department of Revenue all sales taxes and

16  pay to the division all excise taxes due on sales to persons

17  in this state for the preceding month. Notwithstanding s.

18  212.0596, the amount of such taxes shall be calculated as if

19  the sale took place at the location where the delivery

20  occurred in this state.

21         (b)  Each winery shipper licensee shall maintain

22  records of its direct shipments of wine into or within the

23  state, including the purchasers' names and dates of birth,

24  copies of the identification cards required under subsection

25  (3), the purchasers' addresses, the amounts delivered, and the

26  dates of each shipment for at least 3 years following the date

27  of delivery, and shall allow the Department of Revenue and the

28  division, upon request, to audit and inspect such records.

29  Such audits may not exceed the frequency of audits of a

30  licensee under the Beverage Law generally, but shall occur not

31  

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 1  less than once per year. The winery shipper shall furnish any

 2  document within 30 days after a request is made.

 3         (c)  The cost of performing an audit under paragraph

 4  (b) shall be assigned to the agency requesting the audit

 5  unless the winery shipper licensee is found to be in material

 6  violation of this subsection, in which case the cost of the

 7  audit shall be assigned to the licensee.

 8         (8)  JURISDICTION.--Each winery shipper licensee is

 9  deemed to have consented to the jurisdiction of the division,

10  any other state agency, local law enforcement agencies, and

11  the courts of this state concerning enforcement of this

12  section and any related laws or rules.

13         (9)  PENALTIES.--

14         (a)  In addition to any other penalty provided in the

15  Beverage Law, the division may suspend or revoke a winery

16  shipper license or impose fines on the winery shipper licensee

17  in an amount not to exceed $2,500 per violation for any

18  violation of this section.

19         (b)  A winery shipper licensee that knowingly and

20  intentionally ships, or causes to be shipped, wine to any

21  person under 21 years of age in this state commits a felony of

22  the third degree, punishable as provided in s. 775.082, s.

23  775.083 or s. 775.084.

24         (c)  Any common carrier, permit carrier, or other

25  commercial conveyance that knowingly and intentionally

26  delivers wine directly to any person under 21 years of age in

27  this state commits a misdemeanor of the second degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (d)  A person who knowingly and intentionally obtains

30  wine from a winery shipper licensee in violation of this

31  

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 1  section commits a misdemeanor of the second degree, punishable

 2  as provided in s. 775.082 or s. 775.083.

 3         Section 3.  Section 561.54, Florida Statutes, is

 4  amended to read:

 5         561.54  Certain deliveries of beverages prohibited.--

 6         (1)  It is unlawful for common or permit carriers,

 7  operators of privately owned cars, trucks, buses, or other

 8  conveyances or out-of-state manufacturers or suppliers to make

 9  delivery from without the state of any alcoholic beverage to

10  any person, association of persons, or corporation within the

11  state, except to qualified manufacturers, distributors, and

12  exporters of such beverages so delivered and to qualified

13  bonded warehouses in this state.

14         (2)  Any licensee aggrieved by a violation of this

15  section may bring an action in any court of competent

16  jurisdiction to recover for the state all moneys obtained by

17  common carriers or permit carriers; obtained by operators of

18  privately owned cars, trucks, buses, or other conveyances; or

19  obtained by out-of-state manufacturers or suppliers as a

20  result of the delivery of alcoholic beverages in violation of

21  this section, and may obtain a declaratory judgment that an

22  act or practice violates this section and enjoin any person

23  from violating this section. In addition to such relief, the

24  court may order the confiscation and destruction of any

25  alcoholic beverages delivered in violation of this section. In

26  assessing damages, the court shall enter judgment against a

27  defendant for three times the amount of the delivery charges

28  proved or the fair market value of merchandise unlawfully

29  brought into the state. Payment or satisfaction of any

30  judgment under this section, other than for costs and

31  attorney's fees, shall be made in its entirety to the state.

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 1  In any successful action under this section, the court shall

 2  award the plaintiff costs and reasonable attorney's fees.

 3         (3)  This section does not apply to the shipment of

 4  wine by a winery shipper licensee to a person who is at least

 5  21 years of age in accordance with s. 561.585.

 6         Section 4.  Section 561.545, Florida Statutes, is

 7  amended to read:

 8         561.545  Certain shipments of beverages prohibited;

 9  penalties; exceptions.--The Legislature finds that the direct

10  shipment of alcoholic beverages by persons in the business of

11  selling alcoholic beverages to residents of this state in

12  violation of the Beverage Law poses a serious threat to the

13  public health, safety, and welfare; to state revenue

14  collections; and to the economy of the state. The Legislature

15  further finds that the penalties for illegal direct shipment

16  of alcoholic beverages to residents of this state should be

17  made adequate to ensure compliance with the Beverage Law and

18  that the measures provided for in this section are fully

19  consistent with the powers conferred upon the state by the

20  Twenty-first Amendment to the United States Constitution.

21         (1)  Any person in the business of selling alcoholic

22  beverages who knowingly and intentionally ships, or causes to

23  be shipped, any alcoholic beverage from an out-of-state

24  location directly to any person in this state who does not

25  hold a valid manufacturer's or wholesaler's license or

26  exporter's registration issued by the Division of Alcoholic

27  Beverages and Tobacco or who is not a state-bonded warehouse

28  is in violation of this section.

29         (2)  Any common carrier or permit carrier or any

30  operator of a privately owned car, truck, bus, or other

31  conveyance who knowingly and intentionally transports any

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 1  alcoholic beverage from an out-of-state location directly to

 2  any person in this state who does not hold a valid

 3  manufacturer's or wholesaler's license or exporter's

 4  registration or who is not a state-bonded warehouse is in

 5  violation of this section.

 6         (3)  Any person found by the division to be in

 7  violation of subsection (1) shall be issued a notice, by

 8  certified mail, to show cause why a cease and desist order

 9  should not be issued. Any person who violates subsection (1)

10  within 2 years after receiving a cease and desist order or

11  within 2 years after a prior conviction for violating

12  subsection (1) commits a felony of the third degree,

13  punishable as provided in s. 775.082, s. 775.083, or s.

14  775.084.

15         (4)  Any common carrier or permit carrier, or any

16  operator of a privately owned car, truck, bus, or other

17  conveyance found by the division to be in violation of

18  subsection (2) as a result of a second or subsequent delivery

19  from the same source and location, within a 2-year period

20  after the first delivery shall be issued a notice, by

21  certified mail, to show cause why a cease and desist order

22  should not be issued. Any person who violates subsection (2)

23  within 2 years after receiving the cease and desist order or

24  within 2 years after a prior conviction for violating

25  subsection (2) commits a felony of the third degree,

26  punishable as provided in s. 775.082, s. 775.083, or s.

27  775.084.

28         (5)  This section does not apply to:

29         (a)  The direct shipment of sacramental alcoholic

30  beverages to bona fide religious organizations as authorized

31  by the division;

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 1         (b)  The or to possession of alcoholic beverages in

 2  accordance with s. 562.15(2); or

 3         (c)  The shipment of wine in accordance with s.

 4  561.585.

 5         Section 5.  Subsections (1) and (6) of section 561.57,

 6  Florida Statutes, are amended to read:

 7         561.57  Deliveries by licensees.--

 8         (1)  Vendors shall be permitted to make deliveries away

 9  from their places of business of sales actually made at the

10  licensed place of business; provided, telephone or mail orders

11  received at vendor's licensed place of business shall be

12  construed as a sale actually made at the vendor's licensed

13  place of business. For purposes of this section, Internet

14  orders shall be construed as telephone orders.

15         (6)  Common carriers are not required to have vehicle

16  permits to transport alcoholic beverages. This section does

17  not prohibit any common carrier or any licensee or other

18  person using a common carrier as his or her agent from making

19  deliveries of alcoholic beverages within the state. Deliveries

20  of alcoholic beverages by common carriers or by licensees or

21  other persons using common carriers as their agents under this

22  section are exempt from the report-filing requirements in s.

23  562.20. Each common carrier acting as a designated agent for

24  delivery under this section shall verify that any person

25  receiving alcoholic beverages is at least 21 years of age upon

26  the delivery of such alcoholic beverages, as prescribed in

27  division rules.

28         Section 6.  Subsection (1) of section 599.004, Florida

29  Statutes, is amended to read:

30         599.004  Florida Farm Winery Program; registration;

31  logo; fees.--

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 1         (1)  The Florida Farm Winery Program is established

 2  within the Department of Agriculture and Consumer Services.

 3  Under this program, a winery may qualify as a tourist

 4  attraction only if it is registered with and certified by the

 5  department as a Florida Farm Winery. A winery may not claim to

 6  be certified unless it has received written approval from the

 7  department.

 8         (a)  To qualify as a certified Florida Farm Winery, a

 9  winery shall meet the following standards:

10         1.  Produce or sell less than 250,000 gallons of wine

11  annually of which at least 60 percent of wine produced must be

12  made from this state's agricultural products. The Commissioner

13  of Agriculture may waive this requirement in times of

14  hardship.

15         2.  Maintain a minimum of 10 acres of owned or managed

16  vineyards in Florida.

17         3.  Be open to the public for tours, tastings, and

18  sales at least 30 hours each week.

19         4.  Make annual application to the department for

20  recognition as a Florida Farm Winery, on forms provided by the

21  department.

22         5.  Pay an annual application and registration fee of

23  $100.

24         (b)  To maintain certification and recognition as a

25  Florida Farm Winery, a winery must comply with the

26  qualifications provided in this section. The Commissioner of

27  Agriculture is authorized to officially recognize a certified

28  Florida Farm Winery as a state tourist attraction.

29         Section 7.  Subsection (5) of section 561.24, Florida

30  Statutes, is amended to read:

31  

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 1         561.24  Licensing manufacturers as distributors or

 2  registered exporters prohibited; procedure for issuance and

 3  renewal of distributors' licenses and exporters'

 4  registrations.--

 5         (5)  Notwithstanding any of the provisions of the

 6  foregoing subsections, any corporation which holds a license

 7  as a distributor on June 3, 1947, shall be entitled to a

 8  renewal thereof, provided such corporation complies with all

 9  of the provisions of the Beverage Law of Florida, as amended,

10  and of this section and establishes by satisfactory evidence

11  to the division that, during the 6-month period next preceding

12  its application for such renewal, of the total volume of its

13  sales of spirituous liquors, in either dollars or quantity,

14  not more than 40 percent of such spirituous liquors sold by

15  it, in either dollars or quantity, were manufactured,

16  rectified, or distilled by any corporation with which the

17  applicant is affiliated, directly or indirectly, including any

18  corporation which owns or controls in any way any stock in the

19  applicant corporation or any corporation which is a subsidiary

20  or affiliate of the corporation so owning stock in the

21  applicant corporation. Any manufacturer of wine holding a

22  license as a distributor on July 1, 2007, the effective date

23  of this act shall be entitled to a renewal of such license

24  notwithstanding the provisions of subsections (1)-(5). This

25  section does not apply to any winery qualifying as a certified

26  Florida Farm Winery under s. 599.004.

27         Section 8.  If any portion of this act is held

28  unconstitutional, it is the intent of the Legislature that the

29  courts disturb only as much of the regulatory system of this

30  state as is necessary to enforce the United States

31  Constitution.

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 1         Section 9.  Notwithstanding the provisions of s.

 2  561.585, Florida Statutes, contracts not otherwise prohibited

 3  by the Beverage Law shall not be impaired.

 4         Section 10.  The Division of Alcoholic Beverages and

 5  Tobacco of the Department of Business and Professional

 6  Regulation and the Department of Revenue may adopt rules

 7  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to

 8  administer this act.

 9         Section 11.  This act shall take effect upon becoming a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                   CS for SB's 126 & 2282
    580-2336-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                    Senate Bills 126 and 2282

 3                                 

 4  The committee substitute combines SB's 126 and 2282.
    Regarding SB 126, the CS:
 5  
    -    Amends s. 561.585, F.S., to provide a statement of
 6       Legislative intent;

 7  -    Requires that winery shippers register with the
         Department of Revenue;
 8  
    -    Requires that winery shippers appoint a registered agent;
 9  
    -    Limits direct shipments of wine to the equivalent of 12
10       cases or 144 bottles per household and defines the terms
         "case" and "bottles;"
11  
    -    Requires that winery shippers comply with the wine
12       container limits in s. 564.05, F.S.;

13  -    Requires age verification at the time of sale;

14  -    Establishes registration and delivery requirements for
         common carriers;
15  
    -    Requires that winery shippers keep a record of
16       purchasers' birthdates, submit to annual audits, and
         comply with records requests within 30 days;
17  
    -    Requires that winery shippers consent to the jurisdiction
18       of local law enforcement agencies; and

19  -    Removes the provision in s. 561.57, F.S., that gives
         common carriers a defense for deliveries to persons under
20       21 years of age.

21  Regarding SB 2282, the CS:

22  -    Amends s. 561.14, F.S., to create a license
         classification for winery shippers;
23  
    -    Does not disqualify winery shippers who have an appointed
24       distributor, unless they provide a one year notice to the
         distributor of their intent to direct ship;
25  
    -    Limits direct shipments of wine to the equivalent of 12
26       cases or 144 bottles per household;

27  -    Requires that winery shippers consent to the jurisdiction
         of local law enforcement agencies;
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    -    Limits the fine that may be imposed on winery shippers
29       for violations to $2,500;

30  -    Creates second degree misdemeanor violations for winery
         shippers who deliver wine to a person under 21 years of
31       age and for persons who knowingly and intentionally
         obtain wine in violation of s. 561.585, F.S.;
                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                   CS for SB's 126 & 2282
    580-2336-07




 1  -    Removes the provision for cease and desist orders for
         violations and the third degree felony penalty for
 2       violations of a cease and desist order;

 3  -    Removes the prohibition in s. 561, F.S., against wineries
         being licensed as distributors;
 4  
    -    Does not amend s. 561.545, F.S., to eliminate the
 5       prohibition against direct shipping wines;

 6  -    Does not amend s. 564.045, F.S., relating to licensure as
         a primary American source of supply;
 7  
    -    Requires that at least 60 percent of wine produced by
 8       Certified Florida Farm Wineries must be made from Florida
         agricultural products;
 9  
    -    Provides a severability clause; and
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    -    Provides that s. 561.585, F.S., is not intended to impair
11       certain contracts.

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CODING: Words stricken are deletions; words underlined are additions.