HB 0665 2003
1	CHAMBER ACTION
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6	The Committee on Business Regulation 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 the Beverage Law; amending s. 561.32,
12	F.S., relating to transfer of certain licenses to sell
13	alcoholic beverages; providing exception to waiver of
14	certain transfer fees when a described transfer is within
15	a specified period; amending s. 561.221, F.S.; revising
16	provisions for limited permits issued by the Division of
17	Alcoholic Beverages and Tobacco for wine tastings and
18	sales at certain events; amending s. 561.57, F.S.;
19	revising provisions limiting vehicles used in making
20	deliveries of alcoholic beverages; amending s. 599.004,
21	F.S.; allowing a Florida Farm Winery to lease its premises
22	to a vendor; allowing sales to occur only on the premises
23	of the winery; providing an effective date.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Subsection (5) of section 561.32, Florida
28	Statutes, is amended to read:
29	561.32 Transfer of licenses; change of officers or
30	directors; transfer of interest.--
31	(4)(a) Except as provided in paragraph (b), a license
32	issued under s. 561.20(1) shall not be transferable in any
33	manner, either directly or indirectly, including by any change
34	in stock, partnership shares, or other form of ownership of any
35	entity holding the license, except by probate or guardianship
36	proceedings, for a period of 3 years from the date of original
37	issuance. Any attempted assignment, sale, or transfer of
38	interest in such license either directly or indirectly in
39	violation of this provision is hereby declared void, and the
40	license shall be deemed abandoned and shall revert to the state
41	to be issued in the manner provided by law for issuance of new
42	licenses.
43	(b) A license issued under s. 561.20(1) may be transferred
44	as provided by law within the 3-year period only upon payment to
45	the division of a transfer fee in an amount equal to 15 times
46	the annual license fee specified in s. 565.02(1)(b)-(f) in the
47	county in which the license is valid. However, if the county is
48	only authorized for the issuance of liquor licenses for package
49	sales only, the transfer fee shall be in an amount equal to 15
50	times the annual license fee specified in s. 565.02(1)(a).
51	Subsequent to any such transfer, the transferee shall be subject
52	to the provisions of the beverage laws with respect to the
53	requirement for initial issuance of a license. Any change of
54	ownership in any manner, either directly or indirectly,
55	including any change in stock, partnership shares, or other form
56	of ownership of any entity holding the license shall be
57	considered a transfer and subject to the fees set forth in this
58	paragraph. The transfer fees provided for in this paragraph
59	shall be in addition to any other transfer fee provided for by
60	this section. The funds collected pursuant to this paragraph
61	shall be deposited in the Alcoholic Beverages and Tobacco Trust
62	Fund and shall be used by the division to defray the costs of
63	operation.
64	(5) The division shall waive the transfer fee and the
65	delinquent penalties, but not the license renewal fee, when the
66	transfer of an interest in an alcoholic beverage license occurs
67	by operation of law because of a death, judicial proceedings,
68	court appointment of a fiduciary, foreclosure or forced judicial
69	sale, bankruptcy proceedings, or seizure of a license by a
70	government agency. The waiver provided for in this subsection
71	shall not apply to transfers due to a foreclosure or forced
72	judicial sale made within the 3-year period set forth in
73	subsection (4).
74	Section 2. Subsection (1) of section 561.221, Florida
75	Statutes, is amended to read:
76	561.221 Licensing of manufacturers and distributors as
77	vendors and of vendors as manufacturers; conditions and
78	limitations.--
79	(1)(a) Nothing contained in s. 561.22, s. 561.42, or any
80	other provision of the Beverage Law prohibits the ownership,
81	management, operation, or control of not more than three
82	vendor's licenses for the sale of alcoholic beverages by a
83	manufacturer of wine who is licensed and engaged in the
84	manufacture of wine in this state, even if such manufacturer is
85	also licensed as a distributor; provided that no such vendor's
86	license shall be owned, managed, operated, or controlled by any
87	licensed manufacturer of wine unless the licensed premises of
88	the vendor are situated on property contiguous to the
89	manufacturing premises of the licensed manufacturer of wine.
90	(b) The Division of Alcoholic Beverages and Tobacco shall
91	issue permits to a certified Florida Farm Winery to conduct
92	tastingstasting and salesof wine produced by certified Florida
93	Farm Wineries at Florida fairs, trade shows, expositions, and
94	festivals. The certified Florida Farm Winery shall pay all entry
95	fees and shall have a winery representative present during the
96	event. The permit is limited to the length of the event.
97	(c) The Division of Alcoholic Beverages and Tobacco shall
98	issue permits to vendors to conduct tastings and sales of wine
99	at Florida fairs, trade shows, expositions, and festivals. The
100	permit is limited to the length of the event.
101	Section 3. Subsection (2) of section 561.57, Florida
102	Statutes, is amended to read:
103	561.57 Deliveries by licensees.--
104	(2) Manufacturers and distributors may make deliveries to
105	other manufacturers and distributors in vehicles that are owned
106	or leased by the licensee or by common carrier. Distributors may
107	make deliveries to vendors in vehicles that are owned or leased
108	by the licensee or by common carrier. Vendors may make
109	deliveries to consumers in vehicles which are owned or leased by
110	the licensee or by common carrier. However, a vendor that holds
111	a manufacturer’s or distributor’s license in the same entity as
112	the vendor or in a subsidiary or affiliated entity may not make
113	any deliveries to consumersDeliveries made by a manufacturer,
114	distributor, or vendor away from his or her place of business
115	may be made only in vehicles which are owned or leased by the
116	licensee. By acceptance of an alcoholic beverage license and the
117	use of such vehicles that are owned or leased by the licensee,
118	the licensee agrees that such vehicle shall always be subject to
119	be inspected and searched without a search warrant, for the
120	purpose of ascertaining that all provisions of the alcoholic
121	beverage laws are complied with, by authorized employees of the
122	division and also by sheriffs, deputy sheriffs, and police
123	officers during business hours or other times the vehicle is
124	being used to transport or deliver alcoholic beverages.
125	Section 4. Subsection (1) of section 599.004, Florida
126	Statutes, is amended to read:
127	599.004 Florida Farm Winery Program; registration; logo;
128	fees.--
129	(1) The Florida Farm Winery Program is established within
130	the Department of Agriculture and Consumer Services. Under this
131	program, a winery may qualify as a tourist attraction only if it
132	is registered with and certified by the department as a Florida
133	Farm Winery. Notwithstanding any other provision of the Beverage
134	Law, a Florida Farm Winery may lease a portion of its premises
135	to a vendor.A winery may not claim to be certified unless it
136	has received written approval from the department.
137	(a) To qualify as a certified Florida Farm Winery, a
138	winery shall meet the following standards:
139	1. Produce or sell less than 250,000 gallons of wine
140	annually.
141	2. Maintain a minimum of 10 acres of owned or managed
142	vineyards in Florida.
143	3. Be open to the public for tours, tastings, and sales at
144	least 30 hours each week. Sales may occur only on the premises
145	of the Florida Farm Winery.
146	4. Make annual application to the department for
147	recognition as a Florida Farm Winery, on forms provided by the
148	department.
149	5. Pay an annual application and registration fee of $100.
150	(b) To maintain certification and recognition as a Florida
151	Farm Winery, a winery must comply with the qualifications
152	provided in this section. The Commissioner of Agriculture is
153	authorized to officially recognize a certified Florida Farm
154	Winery as a state tourist attraction.
155	Section 5. This act shall take effect upon becoming a law.