Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 282
                        Barcode 763166
                            CHAMBER ACTION
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11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 7, through
15            page 10, line 15, delete those lines
16  
17  and insert:  
18         Section 1.  Section 561.585, Florida Statutes, is
19  created to read:
20         561.585  Direct shipment of wine for personal
21  consumption.--
22         (1)  WINERY SHIPPER LICENSURE REQUIREMENTS.--
23         (a)  Wineries shall not ship or cause to be shipped any
24  wine to individual consumers in this state unless licensed
25  under this section. Notwithstanding any provision of the
26  Beverage Law or any rule to the contrary, a person, firm,
27  corporation, or other entity that is licensed as a winery
28  shipper under this section may ship wine directly to any
29  person who is at least 21 years of age for personal use only
30  and not for resale. To obtain or renew a winery shipper's
31  license, an applicant must:
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 1. File an application with the division on forms 2 prescribed by the division. 3 2. Qualify for licensure under ss. 561.15 and 561.17 4 or provide a true copy of a certification from the alcoholic 5 beverage licensing authority of the Federal Government, or the 6 state in which the winery is located, with license 7 qualifications and procedures for that winery license that 8 include, at a minimum, the following components: 9 a. Fingerprinting of applicants. 10 b. Disqualification for applicants under 21 years of 11 age. 12 c. Disqualification for applicants convicted of the 13 following: 14 (I) Within the past 5 years, any violation of the 15 beverage laws of this state, the United States, or any other 16 state; 17 (II) Within the past 15 years, any felony in this 18 state or any other state of the United States; or 19 (III) Any criminal violation of the controlled 20 substance act of this state, the United States, or any other 21 state. 22 3. Obtain and maintain a current license as a primary 23 American source of supply as provided in s. 564.045. 24 4. Provide to the division a true copy of its current 25 wine manufacturer's license issued by this state or another 26 state and a true copy of its current federal basic permit as a 27 wine producer issued in accordance with the Federal Alcohol 28 Administration Act. 29 5. Manufacture no more than 250,000 gallons of wine 30 per year. 31 6. Pay an annual license fee in the amount of $250. 2 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 7. File with the division a surety bond acceptable to 2 the division in the sum of $5,000 as surety for the payment of 3 all taxes provided that when, at the discretion of the 4 division, the amount of business done by the winery shipper 5 licensee is such volume that a bond of less than $5,000 will 6 be adequate, the division may accept a bond in a lesser sum 7 but not less than $1,000. The surety bond currently on file 8 with the division for a winery pursuant to s. 561.37 is deemed 9 to comply with this requirement. Upon written request of the 10 winery shipper, the division shall review the total tax 11 liability to the state by the winery shipper and reduce the 12 bond to 110 percent of the prior year's total tax liability as 13 a licensee under this section but not less than $1,000. 14 (b) Applicants under this section may obtain a 15 temporary initial license as authorized in s. 561.181. 16 (c) The division may not issue an initial license 17 under this section if the applicant is owned by a winery that 18 manufactures more than 250,000 gallons of wine annually. 19 (d) Winery shipper licensees may not ship or cause to 20 be shipped more than 18 cases of wine per calendar year to one 21 adult individual. For purposes of this section, a case is 22 defined as a container or containers that contain no more than 23 9,000 milliliters of wine. 24 (e) Licensees shall comply with s. 564.05, which 25 limits the size of wine containers. 26 (f) Purchasers shall not purchase or cause to be 27 shipped more than 18 cases of wine per calendar year to any 28 adult individual. 29 (2) LABEL.--Each winery shipper licensee shall ensure 30 that the outside shipping label on each package is conspicuous 31 and includes the following components: 3 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 (a) This package contains alcohol. 2 (b) An adult signature is required. 3 (c) The recipient must be at least 21 years of age. 4 (3) SIGNATURE.-- 5 (a) Each winery shipper licensee and common carrier 6 shall require, prior to delivery, that the signature of the 7 addressee or other person at least 21 years of age is obtained 8 after presentation of a valid driver's license, an 9 identification card issued under the provisions of s. 322.051, 10 or, if the person is physically handicapped, a comparable 11 identification card issued by another state which indicates 12 the person's age, a passport, or a United States Uniformed 13 Services identification card. 14 (b) A winery shipper licensee or common carrier who 15 violates this subsection shall have a complete defense to any 16 civil action therefor, except for any administrative action by 17 the division, if, at the time the alcoholic beverage was sold, 18 given, delivered, or transferred, the person falsely evidenced 19 that he or she was of legal age to purchase or consume the 20 alcoholic beverage and the appearance of the person was such 21 that an ordinarily prudent person would believe him or her to 22 be of legal age to purchase or consume the alcoholic beverage 23 and if the winery shipper licensee or common carrier acted in 24 good faith and in reliance upon the representation and 25 appearance of the person in the belief that he or she was of 26 legal age to purchase or consume the alcoholic beverage and 27 carefully checked one of the following forms of identification 28 with respect to the person: a valid driver's license, an 29 identification card issued under the provisions of s. 322.051, 30 or, if the person is physically handicapped, a comparable 31 identification card issued by another state which indicates 4 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 the person's age, a passport, or a United States Uniformed 2 Services identification card. 3 (4) MONTHLY REPORT.-- 4 (a) Each winery shipper licensee shall report monthly 5 to the division on forms prescribed by the division: 6 1. Whether any wine product was shipped into or within 7 this state under this section during the preceding month. 8 2. The total amount of wine shipped into or within 9 this state under this section during the preceding month. 10 3. The quantity and types of wine shipped into or 11 within this state under this section during the preceding 12 month. 13 4. The amount of excise tax paid to the division for 14 shipments of wine into or within this state under this section 15 during the preceding month. 16 (b) The report required by this subsection is not 17 required from a winery shipper licensee who files a monthly 18 report pursuant to s. 561.55 that contains all the information 19 required in paragraph (a). The division is authorized to 20 prescribe the format for submission of this information in 21 order that duplicate filings are eliminated. 22 (5) TAXES.-- 23 (a) Each winery shipper licensee shall collect and 24 remit monthly to the Department of Revenue all sales taxes and 25 pay to the division all excise taxes due on sales to persons 26 in this state for the preceding month. Notwithstanding s. 27 212.0596, the amount of such taxes shall be calculated as if 28 the sale took place at the location where the delivery 29 occurred in this state. The proceeds of the discretionary 30 sales surtaxes imposed under s. 212.055 shall be deposited 31 into an account in the Discretionary Sales Surtax Clearing 5 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 Trust Fund described in s. 212.054(4)(c) and distributed as 2 provided therein. 3 (b) Each winery shipper licensee shall maintain for at 4 least 3 years after the date of delivery records of its 5 shipments into or within this state pursuant to this section, 6 including the names, addresses, amounts, and dates of all 7 shipments to persons in this state, and shall allow the 8 Department of Revenue or the division, upon request, to 9 perform an audit of such records. 10 (c) The cost of performing an audit under paragraph 11 (b) shall be assigned to the agency requesting the audit 12 unless the winery shipper licensee is found to be in material 13 violation of this subsection, in which case the cost of the 14 audit shall be assigned to the licensee. 15 (6) JURISDICTION.--Each winery shipper licensee is 16 deemed to have consented to the jurisdiction of the division 17 or any other state agency or local law enforcement agency and 18 the courts of this state concerning enforcement of this 19 section and any related laws or rules. 20 (7) PENALTIES.-- 21 (a) In addition to any other penalty provided in the 22 Beverage Law, the division may suspend or revoke a winery 23 shipper license or impose fines on the winery shipper licensee 24 in an amount not to exceed $1,000 per violation for any 25 violation of this section. 26 (b) A winery shipper licensee that knowingly and 27 intentionally ships, or causes to be shipped, wine to any 28 person in this state who is under 21 years of age commits a 29 felony of the third degree, punishable as provided in s. 30 775.082, s. 775.083, or s. 775.084. 31 (c) Any common carrier, permit carrier, or other 6 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 commercial conveyance that knowingly and intentionally 2 delivers wine directly to any person in this state who is 3 under 21 years of age commits a misdemeanor of the second 4 degree, punishable as provided in s. 775.082 or s. 775.083. 5 (d) A person who knowingly and intentionally obtains 6 wine from a winery shipper licensee in violation of this 7 section commits a misdemeanor of the second degree, punishable 8 as provided in s. 775.082 or s. 775.083. 9 Section 2. Subsection (8) is added to section 561.14, 10 Florida Statutes, to read: 11 561.14 License and registration 12 classification.--Licenses and registrations referred to in the 13 Beverage Law shall be classified as follows: 14 (8) Wineries licensed as winery shippers under s. 15 561.585. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, lines 2-21, delete those lines 21 22 and insert: 23 An act relating to the Beverage Law; creating 24 s. 561.585, F.S.; authorizing certain direct 25 shipments of wine; requiring licensure of 26 winery shippers; providing requirements for 27 licensure; providing prohibitions; requiring 28 that a winery shipper licensee file a surety 29 bond with the Division of Alcoholic Beverages 30 and Tobacco of the Department of Business and 31 Professional Regulation; requiring that each 7 2:56 PM 05/01/06 s0282c2c-37-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 282 Barcode 763166 1 container of wine shipped directly be labeled 2 with a notice; requiring monthly reports by 3 winery shipper licensees; providing limitations 4 on the amount of wine a winery shipper may ship 5 or cause to be shipped; limiting the size of 6 wine containers; limiting the amount of wine a 7 purchaser can purchase or cause to be shipped; 8 providing age requirements for those receiving 9 direct shipments of wine; providing a defense 10 to certain actions; requiring the collection, 11 remittance, and payment of certain taxes by 12 direct shippers; requiring certain proceeds 13 from discretionary sales surtaxes to be 14 deposited into an account in the Discretionary 15 Sales Surtax Clearing Trust Fund; requiring 16 that winery shippers maintain certain records 17 for a certain time period; providing for 18 jurisdiction; providing penalties; amending s. 19 561.14, F.S.; classifying the winery shipper 20 license; amending ss. 21 22 23 24 25 26 27 28 29 30 31 8 2:56 PM 05/01/06 s0282c2c-37-t01