HB 1465 2003
   
1 CHAMBER ACTION
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6          The Committee on Finance & Tax recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to stamping of cigarettes in interstate
12    commerce; amending s. 210.06, F.S.; requiring a wholesale
13    dealer or distributing agent who transports or causes to
14    be transported from this state cigarettes for sale in
15    another state to affix to the cigarettes stamps required
16    by the other state or to pay certain excise taxes;
17    requiring reporting of transported cigarettes to the
18    Division of Alcoholic Beverages and Tobacco of the
19    Department of Business and Professional Regulation;
20    authorizing the division to adopt rules; providing an
21    effective date
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23          Be It Enacted by the Legislature of the State of Florida:
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25          Section 1. Subsections (5), (6), (7), and (8) are added to
26    section 210.06, Florida Statutes, to read:
27          210.06 Affixation of stamps; presumption.--
28          (5) A wholesale dealer or distributing agent may not
29    transport or cause to be transported from this state cigarettes
30    for sale in another state without first affixing to the
31    cigarettes the stamp required by the state in which the
32    cigarettes are to be sold or paying any other excise tax on the
33    cigarettes which is imposed by the state in which the cigarettes
34    are to be sold.
35          (6) A wholesale dealer or distributing agent may not affix
36    to cigarettes the stamp required by another state or pay any
37    other excise tax on the cigarettes which is imposed by another
38    state if the other state prohibits stamps from being affixed to
39    the cigarettes, prohibits the payment of any other excise tax on
40    the cigarettes, or prohibits the sale of the cigarettes.
41          (7) No later than the 10th day of each month, a wholesale
42    dealer or distributing agent who has transported or caused to be
43    transported from this state cigarettes for sale in another state
44    shall submit to the division a report that identifies the
45    quantity of each brand style of the cigarettes which has been
46    transported or caused to be transported in the preceding
47    calendar month and the name and address of each recipient of the
48    cigarettes.
49          (8) The division shall adopt rules necessary to administer
50    subsections (5), (6), and (7).
51          Section 2. This act shall take effect upon becoming a law.