1 | Representative Planas offered the following: |
2 |
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3 | Amendment |
4 | Remove lines 93-378 and insert: |
5 | 5. Pay an annual license fee in the amount of $250. |
6 | 6. File with the division a surety bond acceptable to the |
7 | division in the sum of $5,000 as surety for the payment of all |
8 | taxes provided that when, at the discretion of the division, the |
9 | amount of business done by the winery shipper licensee is such |
10 | volume that a bond of less than $5,000 will be adequate, the |
11 | division may accept a bond in a lesser sum but not less than |
12 | $1,000. The surety bond currently on file with the division for |
13 | a winery pursuant to s. 561.37 is deemed to comply with this |
14 | requirement. Upon written request of the winery shipper, the |
15 | division shall review the total tax liability to the state by |
16 | the winery shipper and reduce the bond to 110 percent of the |
17 | prior year's total tax liability as a licensee under this |
18 | section but not less than $1,000. |
19 | (b) Applicants under this section may obtain a temporary |
20 | initial license as authorized in s. 561.181. |
21 | (c) Winery shipper licensees may not ship or cause to be |
22 | shipped more than 18 cases of wine per calendar year to one |
23 | adult individual. For purposes of this section, a case is |
24 | defined as a container or containers that contain no more than |
25 | 9,000 milliliters of wine. |
26 | (d) Licensees shall comply with s. 564.05, which limits |
27 | the size of wine containers. |
28 | (e) Purchasers shall not purchase or cause to be shipped |
29 | more than 18 cases of wine per calendar year to any adult |
30 | individual. |
31 | (2) LABEL.--Each winery shipper licensee shall ensure that |
32 | the outside shipping label on each package is conspicuous and |
33 | includes the following components: |
34 | (a) This package contains alcohol. |
35 | (b) An adult signature is required. |
36 | (c) The recipient must be at least 21 years of age. |
37 | (3) SIGNATURE.-- |
38 | (a) Each winery shipper licensee and common carrier shall |
39 | require, prior to delivery, that the signature of the addressee |
40 | or other person at least 21 years of age is obtained after |
41 | presentation of a valid driver's license, an identification card |
42 | issued under the provisions of s. 322.051, or, if the person is |
43 | physically handicapped, a comparable identification card issued |
44 | by another state which indicates the person's age, a passport, |
45 | or a United States Uniformed Services identification card. |
46 | (b) A winery shipper licensee or common carrier who |
47 | violates this subsection shall have a complete defense to any |
48 | civil action therefor, except for any administrative action by |
49 | the division, if, at the time the alcoholic beverage was sold, |
50 | given, delivered, or transferred, the person falsely evidenced |
51 | that he or she was of legal age to purchase or consume the |
52 | alcoholic beverage and the appearance of the person was such |
53 | that an ordinarily prudent person would believe him or her to be |
54 | of legal age to purchase or consume the alcoholic beverage and |
55 | if the winery shipper licensee or common carrier acted in good |
56 | faith and in reliance upon the representation and appearance of |
57 | the person in the belief that he or she was of legal age to |
58 | purchase or consume the alcoholic beverage and carefully checked |
59 | one of the following forms of identification with respect to the |
60 | person: a valid driver's license, an identification card issued |
61 | under the provisions of s. 322.051, or, if the person is |
62 | physically handicapped, a comparable identification card issued |
63 | by another state which indicates the person's age, a passport, |
64 | or a United States Uniformed Services identification card. |
65 | (4) MONTHLY REPORT.-- |
66 | (a) Each winery shipper licensee shall report monthly to |
67 | the division on forms prescribed by the division: |
68 | 1. Whether any wine product was shipped into or within |
69 | this state under this section during the preceding month. |
70 | 2. The total amount of wine shipped into or within this |
71 | state under this section during the preceding month. |
72 | 3. The quantity and types of wine shipped into or within |
73 | this state under this section during the preceding month. |
74 | 4. The amount of excise tax paid to the division for |
75 | shipments of wine into or within this state under this section |
76 | during the preceding month. |
77 | (b) The report required by this subsection is not required |
78 | from a winery shipper licensee who files a monthly report |
79 | pursuant to s. 561.55 that contains all the information required |
80 | in paragraph (a). The division is authorized to prescribe the |
81 | format for submission of this information in order that |
82 | duplicate filings are eliminated. |
83 | (5) TAXES.-- |
84 | (a) Each winery shipper licensee shall collect and remit |
85 | monthly to the Department of Revenue all sales taxes and pay to |
86 | the division all excise taxes due on sales to persons in this |
87 | state for the preceding month. Notwithstanding s. 212.0596, the |
88 | amount of such taxes shall be calculated as if the sale took |
89 | place at the location where the delivery occurred in this state. |
90 | (b) Each winery shipper licensee shall maintain for at |
91 | least 3 years after the date of delivery records of its |
92 | shipments into or within this state pursuant to this section, |
93 | including the names, addresses, amounts, and dates of all |
94 | shipments to persons in this state, and shall allow the |
95 | Department of Revenue or the division, upon request, to perform |
96 | an audit of such records. |
97 | (c) The cost of performing an audit under paragraph (b) |
98 | shall be assigned to the agency requesting the audit unless the |
99 | winery shipper licensee is found to be in material violation of |
100 | this subsection, in which case the cost of the audit shall be |
101 | assigned to the licensee. |
102 | (6) JURISDICTION.--Each winery shipper licensee is deemed |
103 | to have consented to the jurisdiction of the division or any |
104 | other state agency or local law enforcement agency and the |
105 | courts of this state concerning enforcement of this section and |
106 | any related laws or rules. |
107 | (7) PENALTIES.-- |
108 | (a) In addition to any other penalty provided in the |
109 | Beverage Law, the division may suspend or revoke a winery |
110 | shipper license or impose fines on the winery shipper licensee |
111 | in an amount not to exceed $1,000 per violation for any |
112 | violation of this section. |
113 | (b) A winery shipper licensee that knowingly and |
114 | intentionally ships, or causes to be shipped, wine to any person |
115 | in this state who is under 21 years of age commits a felony of |
116 | the third degree, punishable as provided in s. 775.082, s. |
117 | 775.083, or s. 775.084. |
118 | (c) Any common carrier, permit carrier, or other |
119 | commercial conveyance that knowingly and intentionally delivers |
120 | wine directly to any person in this state who is under 21 years |
121 | of age commits a misdemeanor of the second degree, punishable as |
122 | provided in s. 775.082 or s. 775.083. |
123 | (d) A person who knowingly and intentionally obtains wine |
124 | from a winery shipper licensee in violation of this section |
125 | commits a misdemeanor of the second degree, punishable as |
126 | provided in s. 775.082 or s. 775.083. |
127 | Section 2. Subsection (8) is added to section 561.14, |
128 | Florida Statutes, to read: |
129 | 561.14 License and registration classification.--Licenses |
130 | and registrations referred to in the Beverage Law shall be |
131 | classified as follows: |
132 | (8) Wineries licensed as winery shippers under s. 561.585. |
133 | Section 3. Section 561.54, Florida Statutes, is amended to |
134 | read: |
135 | 561.54 Certain deliveries of beverages prohibited.-- |
136 | (1) It is unlawful for common or permit carriers, |
137 | operators of privately owned cars, trucks, buses, or other |
138 | conveyances or out-of-state manufacturers or suppliers to make |
139 | delivery from without the state of any alcoholic beverage to any |
140 | person, association of persons, or corporation within the state, |
141 | except to qualified manufacturers, distributors, and exporters |
142 | of such beverages so delivered and to qualified bonded |
143 | warehouses in this state. |
144 | (2) Any licensee aggrieved by a violation of this section |
145 | may bring an action in any court of competent jurisdiction to |
146 | recover for the state all moneys obtained by common carriers or |
147 | permit carriers; obtained by operators of privately owned cars, |
148 | trucks, buses, or other conveyances; or obtained by out-of-state |
149 | manufacturers or suppliers as a result of the delivery of |
150 | alcoholic beverages in violation of this section, and may obtain |
151 | a declaratory judgment that an act or practice violates this |
152 | section and enjoin any person from violating this section. In |
153 | addition to such relief, the court may order the confiscation |
154 | and destruction of any alcoholic beverages delivered in |
155 | violation of this section. In assessing damages, the court shall |
156 | enter judgment against a defendant for three times the amount of |
157 | the delivery charges proved or the fair market value of |
158 | merchandise unlawfully brought into the state. Payment or |
159 | satisfaction of any judgment under this section, other than for |
160 | costs and attorney's fees, shall be made in its entirety to the |
161 | state. In any successful action under this section, the court |
162 | shall award the plaintiff costs and reasonable attorney's fees. |
163 | (3) This section does not apply to the shipment of wine by |
164 | a winery shipper licensee to a person who is at least 21 years |
165 | of age in accordance with s. 561.585. |
166 | Section 4. Section 561.545, Florida Statutes, is amended |
167 | to read: |
168 | 561.545 Certain shipments of beverages prohibited; |
169 | penalties; exceptions.--The Legislature finds that the direct |
170 | shipment of alcoholic beverages by persons in the business of |
171 | selling alcoholic beverages to residents of this state in |
172 | violation of the Beverage Law poses a serious threat to the |
173 | public health, safety, and welfare; to state revenue |
174 | collections; and to the economy of the state. The Legislature |
175 | further finds that the penalties for illegal direct shipment of |
176 | alcoholic beverages to residents of this state should be made |
177 | adequate to ensure compliance with the Beverage Law and that the |
178 | measures provided for in this section are fully consistent with |
179 | the powers conferred upon the state by the Twenty-first |
180 | Amendment to the United States Constitution. |
181 | (1) Any person in the business of selling alcoholic |
182 | beverages who knowingly and intentionally ships, or causes to be |
183 | shipped, any alcoholic beverage from an out-of-state location |
184 | directly to any person in this state who does not hold a valid |
185 | manufacturer's or wholesaler's license or exporter's |
186 | registration issued by the Division of Alcoholic Beverages and |
187 | Tobacco or who is not a state-bonded warehouse is in violation |
188 | of this section. |
189 | (2) Any common carrier or permit carrier or any operator |
190 | of a privately owned car, truck, bus, or other conveyance who |
191 | knowingly and intentionally transports any alcoholic beverage |
192 | from an out-of-state location directly to any person in this |
193 | state who does not hold a valid manufacturer's or wholesaler's |
194 | license or exporter's registration or who is not a state-bonded |
195 | warehouse is in violation of this section. |
196 | (3) Any person found by the division to be in violation of |
197 | subsection (1) shall be issued a notice, by certified mail, to |
198 | show cause why a cease and desist order should not be issued. |
199 | Any person who violates subsection (1) within 2 years after |
200 | receiving a cease and desist order or within 2 years after a |
201 | prior conviction for violating subsection (1) commits a felony |
202 | of the third degree, punishable as provided in s. 775.082, s. |
203 | 775.083, or s. 775.084. |
204 | (4) Any common carrier or permit carrier, or any operator |
205 | of a privately owned car, truck, bus, or other conveyance found |
206 | by the division to be in violation of subsection (2) as a result |
207 | of a second or subsequent delivery from the same source and |
208 | location, within a 2-year period after the first delivery shall |
209 | be issued a notice, by certified mail, to show cause why a cease |
210 | and desist order should not be issued. Any person who violates |
211 | subsection (2) within 2 years after receiving the cease and |
212 | desist order or within 2 years after a prior conviction for |
213 | violating subsection (2) commits a felony of the third degree, |
214 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
215 | (5) This section does not apply to: |
216 | (a) The direct shipment of sacramental alcoholic beverages |
217 | to bona fide religious organizations as authorized by the |
218 | division; |
219 | (b) The or to possession of alcoholic beverages in |
220 | accordance with s. 562.15(2); or |
221 | (c) The shipment of wine in accordance with s. 561.585. |
222 | Section 5. Subsections (1) and (6) of section 561.57, |
223 | Florida Statutes, are amended to read: |
224 | 561.57 Deliveries by licensees.-- |
225 | (1) Vendors shall be permitted to make deliveries away |
226 | from their places of business of sales actually made at the |
227 | licensed place of business; provided, telephone or mail orders |
228 | received at vendor's licensed place of business shall be |
229 | construed as a sale actually made at the vendor's licensed place |
230 | of business. For purposes of this section, Internet orders shall |
231 | be construed as telephone orders. |
232 | (6) Common carriers are not required to have vehicle |
233 | permits to transport alcoholic beverages. Nothing in this |
234 | section shall prohibit any licensee from utilizing a common |
235 | carrier as his or her agent to make deliveries of alcoholic |
236 | beverages within the state. Deliveries of alcoholic beverages by |
237 | licensees or common carriers utilized by licensees under this |
238 | section are exempt from the report filing requirements in s. |
239 | 562.20. All common carriers making deliveries under this section |
240 | shall verify that any person receiving alcoholic beverages is at |
241 | least 21 years of age upon the delivery of such alcoholic |
242 | beverages, as prescribed in division rules. Compliance with the |
243 | prescribed age verification measures in s. 561.585(3) shall give |
244 | the common carrier and the licensee a complete defense to any |
245 | civil action thereof, except for any administrative action by |
246 | the division, if, at the time the alcoholic beverage was sold, |
247 | given, delivered, or transferred, the person falsely evidenced |
248 | that he or she was of legal age to purchase or consume the |
249 | alcoholic beverage and the appearance of the person was such |
250 | that an ordinarily prudent person would believe him or her to be |
251 | of legal age to purchase or consume the alcoholic beverage and |
252 | if the licensee or common carrier acted in good faith and in |
253 | reliance upon the representation and appearance of the person in |
254 | the belief that he or she was of legal age to purchase or |
255 | consume the alcoholic beverage and carefully checked one of the |
256 | following forms of identification with respect to the person: a |
257 | valid driver's license, an identification card issued under the |
258 | provisions of s. 322.051, or, if the person is physically |
259 | handicapped, a comparable identification card issued by another |
260 | state which indicates the person's age, a passport, or a United |
261 | States Uniformed Services identification card. |
262 | Section 6. Subsection (1) of section 599.004, Florida |
263 | Statutes, is amended to read: |
264 | 599.004 Florida Farm Winery Program; registration; logo; |
265 | fees.-- |
266 | (1) The Florida Farm Winery Program is established within |
267 | the Department of Agriculture and Consumer Services. Under this |
268 | program, a winery may qualify as a tourist attraction only if it |
269 | is registered with and certified by the department as a Florida |
270 | Farm Winery. A winery may not claim to be certified unless it |
271 | has received written approval from the department. |
272 | (a) To qualify as a certified Florida Farm Winery, a |
273 | winery shall meet the following standards: |
274 | 1. Produce or sell less than 250,000 gallons of wine |
275 | annually. |
276 | 2. Maintain a minimum of 10 acres of owned or managed |
277 | vineyards in Florida. |
278 | 2.3. Be open to the public for tours, tastings, and sales |
279 | at least 30 hours each week. |
280 | 3.4. Make annual application to the department for |
281 | recognition as a Florida Farm Winery, on forms provided by the |
282 | department. |
283 | 4.5. Pay an annual application and registration fee of |
284 | $100. |