House Bill 0315e1

                                           HB 315, First Engrossed



  1                      A bill to be entitled

  2         An act relating to alcoholic beverages;

  3         amending s. 561.01, F.S.; revising the

  4         definition of the term "discount in the usual

  5         course of business"; providing that

  6         distributors may charge different malt beverage

  7         prices under certain circumstances; providing

  8         severability; providing an effective date.

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

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12         Section 1.  Subsection (10) of section 561.01, Florida

13  Statutes, is amended to read:

14         561.01  Definitions.--As used in the Beverage Law:

15         (10)  "Discount in the usual course of business" means

16  a cash or spirituous or vinous beverage merchandise discount

17  given pursuant to an agreement made at the time of sale.

18  However, such agreement shall not result in an accrued,

19  accumulated, or retroactive discount.  The same discounts

20  shall be offered to all vendors of the same license series or

21  type buying similar quantities.  Any discount which is in

22  violation of this section shall be considered an arrangement

23  for financial assistance by gift.

24         Section 2.  Nothing in the Beverage Law shall prohibit

25  licensed distributors of malt beverages from charging

26  different malt beverage prices according to county, according

27  to the branch of a distributor's parent place of business,

28  according to whether a vendor sells malt beverages on premises

29  or off premises, or according to quantity sold, as long as the

30  price differentials are filed in advance with the Department

31  of Business and Professional Regulation as provided by rule.


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






                                           HB 315, First Engrossed



  1         Section 3.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity does not affect other provisions or

  4  applications of the act which can be given effect without the

  5  invalid provision or application, and to this end the

  6  provisions of this act are declared severable.

  7         Section 4.  This act shall take effect upon becoming a

  8  law.

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