Amendment
Bill No. 0247
Amendment No. 278785
CHAMBER ACTION
Senate House
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1Representative Planas offered the following:
2
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
7division in the sum of $5,000 as surety for the payment of all
8taxes provided that when, at the discretion of the division, the
9amount of business done by the winery shipper licensee is such
10volume that a bond of less than $5,000 will be adequate, the
11division 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
13a winery pursuant to s. 561.37 is deemed to comply with this
14requirement. Upon written request of the winery shipper, the
15division shall review the total tax liability to the state by
16the winery shipper and reduce the bond to 110 percent of the
17prior year's total tax liability as a licensee under this
18section but not less than $1,000.
19     (b)  Applicants under this section may obtain a temporary
20initial license as authorized in s. 561.181.
21     (c)  Winery shipper licensees may not ship or cause to be
22shipped more than 18 cases of wine per calendar year to one
23adult individual. For purposes of this section, a case is
24defined as a container or containers that contain no more than
259,000 milliliters of wine.
26     (d)  Licensees shall comply with s. 564.05, which limits
27the size of wine containers.
28     (e)  Purchasers shall not purchase or cause to be shipped
29more than 18 cases of wine per calendar year to any adult
30individual.
31     (2)  LABEL.--Each winery shipper licensee shall ensure that
32the outside shipping label on each package is conspicuous and
33includes 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
39require, prior to delivery, that the signature of the addressee
40or other person at least 21 years of age is obtained after
41presentation of a valid driver's license, an identification card
42issued under the provisions of s. 322.051, or, if the person is
43physically handicapped, a comparable identification card issued
44by another state which indicates the person's age, a passport,
45or a United States Uniformed Services identification card.
46     (b)  A winery shipper licensee or common carrier who
47violates this subsection shall have a complete defense to any
48civil action therefor, except for any administrative action by
49the division, if, at the time the alcoholic beverage was sold,
50given, delivered, or transferred, the person falsely evidenced
51that he or she was of legal age to purchase or consume the
52alcoholic beverage and the appearance of the person was such
53that an ordinarily prudent person would believe him or her to be
54of legal age to purchase or consume the alcoholic beverage and
55if the winery shipper licensee or common carrier acted in good
56faith and in reliance upon the representation and appearance of
57the person in the belief that he or she was of legal age to
58purchase or consume the alcoholic beverage and carefully checked
59one of the following forms of identification with respect to the
60person: a valid driver's license, an identification card issued
61under the provisions of s. 322.051, or, if the person is
62physically handicapped, a comparable identification card issued
63by another state which indicates the person's age, a passport,
64or a United States Uniformed Services identification card.
65     (4)  MONTHLY REPORT.--
66     (a)  Each winery shipper licensee shall report monthly to
67the division on forms prescribed by the division:
68     1.  Whether any wine product was shipped into or within
69this state under this section during the preceding month.
70     2.  The total amount of wine shipped into or within this
71state under this section during the preceding month.
72     3.  The quantity and types of wine shipped into or within
73this state under this section during the preceding month.
74     4.  The amount of excise tax paid to the division for
75shipments of wine into or within this state under this section
76during the preceding month.
77     (b)  The report required by this subsection is not required
78from a winery shipper licensee who files a monthly report
79pursuant to s. 561.55 that contains all the information required
80in paragraph (a). The division is authorized to prescribe the
81format for submission of this information in order that
82duplicate filings are eliminated.
83     (5)  TAXES.--
84     (a)  Each winery shipper licensee shall collect and remit
85monthly to the Department of Revenue all sales taxes and pay to
86the division all excise taxes due on sales to persons in this
87state for the preceding month. Notwithstanding s. 212.0596, the
88amount of such taxes shall be calculated as if the sale took
89place at the location where the delivery occurred in this state.
90     (b)  Each winery shipper licensee shall maintain for at
91least 3 years after the date of delivery records of its
92shipments into or within this state pursuant to this section,
93including the names, addresses, amounts, and dates of all
94shipments to persons in this state, and shall allow the
95Department of Revenue or the division, upon request, to perform
96an audit of such records.
97     (c)  The cost of performing an audit under paragraph (b)
98shall be assigned to the agency requesting the audit unless the
99winery shipper licensee is found to be in material violation of
100this subsection, in which case the cost of the audit shall be
101assigned to the licensee.
102     (6)  JURISDICTION.--Each winery shipper licensee is deemed
103to have consented to the jurisdiction of the division or any
104other state agency or local law enforcement agency and the
105courts of this state concerning enforcement of this section and
106any related laws or rules.
107     (7)  PENALTIES.--
108     (a)  In addition to any other penalty provided in the
109Beverage Law, the division may suspend or revoke a winery
110shipper license or impose fines on the winery shipper licensee
111in an amount not to exceed $1,000 per violation for any
112violation of this section.
113     (b)  A winery shipper licensee that knowingly and
114intentionally ships, or causes to be shipped, wine to any person
115in this state who is under 21 years of age commits a felony of
116the third degree, punishable as provided in s. 775.082, s.
117775.083, or s. 775.084.
118     (c)  Any common carrier, permit carrier, or other
119commercial conveyance that knowingly and intentionally delivers
120wine directly to any person in this state who is under 21 years
121of age commits a misdemeanor of the second degree, punishable as
122provided in s. 775.082 or s. 775.083.
123     (d)  A person who knowingly and intentionally obtains wine
124from a winery shipper licensee in violation of this section
125commits a misdemeanor of the second degree, punishable as
126provided in s. 775.082 or s. 775.083.
127     Section 2.  Subsection (8) is added to section 561.14,
128Florida Statutes, to read:
129     561.14  License and registration classification.--Licenses
130and registrations referred to in the Beverage Law shall be
131classified as follows:
132     (8)  Wineries licensed as winery shippers under s. 561.585.
133     Section 3.  Section 561.54, Florida Statutes, is amended to
134read:
135     561.54  Certain deliveries of beverages prohibited.--
136     (1)  It is unlawful for common or permit carriers,
137operators of privately owned cars, trucks, buses, or other
138conveyances or out-of-state manufacturers or suppliers to make
139delivery from without the state of any alcoholic beverage to any
140person, association of persons, or corporation within the state,
141except to qualified manufacturers, distributors, and exporters
142of such beverages so delivered and to qualified bonded
143warehouses in this state.
144     (2)  Any licensee aggrieved by a violation of this section
145may bring an action in any court of competent jurisdiction to
146recover for the state all moneys obtained by common carriers or
147permit carriers; obtained by operators of privately owned cars,
148trucks, buses, or other conveyances; or obtained by out-of-state
149manufacturers or suppliers as a result of the delivery of
150alcoholic beverages in violation of this section, and may obtain
151a declaratory judgment that an act or practice violates this
152section and enjoin any person from violating this section. In
153addition to such relief, the court may order the confiscation
154and destruction of any alcoholic beverages delivered in
155violation of this section. In assessing damages, the court shall
156enter judgment against a defendant for three times the amount of
157the delivery charges proved or the fair market value of
158merchandise unlawfully brought into the state. Payment or
159satisfaction of any judgment under this section, other than for
160costs and attorney's fees, shall be made in its entirety to the
161state. In any successful action under this section, the court
162shall award the plaintiff costs and reasonable attorney's fees.
163     (3)  This section does not apply to the shipment of wine by
164a winery shipper licensee to a person who is at least 21 years
165of age in accordance with s. 561.585.
166     Section 4.  Section 561.545, Florida Statutes, is amended
167to read:
168     561.545  Certain shipments of beverages prohibited;
169penalties; exceptions.--The Legislature finds that the direct
170shipment of alcoholic beverages by persons in the business of
171selling alcoholic beverages to residents of this state in
172violation of the Beverage Law poses a serious threat to the
173public health, safety, and welfare; to state revenue
174collections; and to the economy of the state. The Legislature
175further finds that the penalties for illegal direct shipment of
176alcoholic beverages to residents of this state should be made
177adequate to ensure compliance with the Beverage Law and that the
178measures provided for in this section are fully consistent with
179the powers conferred upon the state by the Twenty-first
180Amendment to the United States Constitution.
181     (1)  Any person in the business of selling alcoholic
182beverages who knowingly and intentionally ships, or causes to be
183shipped, any alcoholic beverage from an out-of-state location
184directly to any person in this state who does not hold a valid
185manufacturer's or wholesaler's license or exporter's
186registration issued by the Division of Alcoholic Beverages and
187Tobacco or who is not a state-bonded warehouse is in violation
188of this section.
189     (2)  Any common carrier or permit carrier or any operator
190of a privately owned car, truck, bus, or other conveyance who
191knowingly and intentionally transports any alcoholic beverage
192from an out-of-state location directly to any person in this
193state who does not hold a valid manufacturer's or wholesaler's
194license or exporter's registration or who is not a state-bonded
195warehouse is in violation of this section.
196     (3)  Any person found by the division to be in violation of
197subsection (1) shall be issued a notice, by certified mail, to
198show cause why a cease and desist order should not be issued.
199Any person who violates subsection (1) within 2 years after
200receiving a cease and desist order or within 2 years after a
201prior conviction for violating subsection (1) commits a felony
202of the third degree, punishable as provided in s. 775.082, s.
203775.083, or s. 775.084.
204     (4)  Any common carrier or permit carrier, or any operator
205of a privately owned car, truck, bus, or other conveyance found
206by the division to be in violation of subsection (2) as a result
207of a second or subsequent delivery from the same source and
208location, within a 2-year period after the first delivery shall
209be issued a notice, by certified mail, to show cause why a cease
210and desist order should not be issued. Any person who violates
211subsection (2) within 2 years after receiving the cease and
212desist order or within 2 years after a prior conviction for
213violating subsection (2) commits a felony of the third degree,
214punishable 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
217to bona fide religious organizations as authorized by the
218division;
219     (b)  The or to possession of alcoholic beverages in
220accordance 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,
223Florida Statutes, are amended to read:
224     561.57  Deliveries by licensees.--
225     (1)  Vendors shall be permitted to make deliveries away
226from their places of business of sales actually made at the
227licensed place of business; provided, telephone or mail orders
228received at vendor's licensed place of business shall be
229construed as a sale actually made at the vendor's licensed place
230of business. For purposes of this section, Internet orders shall
231be construed as telephone orders.
232     (6)  Common carriers are not required to have vehicle
233permits to transport alcoholic beverages. Nothing in this
234section shall prohibit any licensee from utilizing a common
235carrier as his or her agent to make deliveries of alcoholic
236beverages within the state. Deliveries of alcoholic beverages by
237licensees or common carriers utilized by licensees under this
238section are exempt from the report filing requirements in s.
239562.20. All common carriers making deliveries under this section
240shall verify that any person receiving alcoholic beverages is at
241least 21 years of age upon the delivery of such alcoholic
242beverages, as prescribed in division rules. Compliance with the
243prescribed age verification measures in s. 561.585(3) shall give
244the common carrier and the licensee a complete defense to any
245civil action thereof, except for any administrative action by
246the division, if, at the time the alcoholic beverage was sold,
247given, delivered, or transferred, the person falsely evidenced
248that he or she was of legal age to purchase or consume the
249alcoholic beverage and the appearance of the person was such
250that an ordinarily prudent person would believe him or her to be
251of legal age to purchase or consume the alcoholic beverage and
252if the licensee or common carrier acted in good faith and in
253reliance upon the representation and appearance of the person in
254the belief that he or she was of legal age to purchase or
255consume the alcoholic beverage and carefully checked one of the
256following forms of identification with respect to the person: a
257valid driver's license, an identification card issued under the
258provisions of s. 322.051, or, if the person is physically
259handicapped, a comparable identification card issued by another
260state which indicates the person's age, a passport, or a United
261States Uniformed Services identification card.
262     Section 6.  Subsection (1) of section 599.004, Florida
263Statutes, is amended to read:
264     599.004  Florida Farm Winery Program; registration; logo;
265fees.--
266     (1)  The Florida Farm Winery Program is established within
267the Department of Agriculture and Consumer Services. Under this
268program, a winery may qualify as a tourist attraction only if it
269is registered with and certified by the department as a Florida
270Farm Winery. A winery may not claim to be certified unless it
271has received written approval from the department.
272     (a)  To qualify as a certified Florida Farm Winery, a
273winery shall meet the following standards:
274     1.  Produce or sell less than 250,000 gallons of wine
275annually.
276     2.  Maintain a minimum of 10 acres of owned or managed
277vineyards in Florida.
278     2.3.  Be open to the public for tours, tastings, and sales
279at least 30 hours each week.
280     3.4.  Make annual application to the department for
281recognition as a Florida Farm Winery, on forms provided by the
282department.
283     4.5.  Pay an annual application and registration fee of
284$100.


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