| 1 | A bill to be entitled |
| 2 | An act relating to the Beverage Law; creating s. 561.585, |
| 3 | F.S.; authorizing certain direct shipments of wine; |
| 4 | requiring licensure of winery shippers; providing |
| 5 | requirements for licensure; providing prohibitions; |
| 6 | requiring that a winery shipper licensee file a surety |
| 7 | bond with the Division of Alcoholic Beverages and Tobacco |
| 8 | of the Department of Business and Professional Regulation; |
| 9 | requiring that each container of wine shipped directly be |
| 10 | labeled with a notice; providing signature and |
| 11 | identification requirements; providing limitations on the |
| 12 | amount of wine a winery shipper may ship or cause to be |
| 13 | shipped; limiting the size of wine containers; limiting |
| 14 | the amount of wine a purchaser can purchase or cause to be |
| 15 | shipped; providing age requirements for those purchasing |
| 16 | wine for direct shipment or receiving direct shipments of |
| 17 | wine; providing a defense to certain actions; requiring |
| 18 | monthly reports by winery shipper licensees; requiring the |
| 19 | collection, remittance, and payment of certain taxes by |
| 20 | direct shippers; requiring certain proceeds from |
| 21 | discretionary sales surtaxes to be deposited into an |
| 22 | account in the Discretionary Sales Surtax Clearing Trust |
| 23 | Fund; requiring that winery shippers maintain certain |
| 24 | records for a certain time period; providing for |
| 25 | jurisdiction; providing penalties; amending s. 561.14, |
| 26 | F.S.; classifying the winery shipper license; amending s. |
| 27 | 561.54, F.S.; removing a provision requiring that the |
| 28 | licensee be aggrieved by a violation involving prohibited |
| 29 | delivery from without the state to have standing to bring |
| 30 | an action; exempting from such prohibition shipment of |
| 31 | wine by a winery shipper licensee; amending s. 561.545, |
| 32 | F.S.; exempting applicability of the prohibition against |
| 33 | direct shipment of alcoholic beverages to the shipment of |
| 34 | wine by a winery shipper licensee; amending s. 561.57, |
| 35 | F.S.; providing that Internet orders shall be construed as |
| 36 | telephone orders; exempting common carriers, licensees, or |
| 37 | licensees utilizing common carriers as their agents from |
| 38 | certain report filing requirements; requiring common |
| 39 | carriers to verify the age of persons receiving shipments; |
| 40 | providing a defense to certain actions; providing criteria |
| 41 | for the defense; amending s. 599.004, F.S.; revising |
| 42 | qualifications for the certification of Florida Farm |
| 43 | Wineries; amending s. 561.24, F.S.; revising an effective |
| 44 | date; authorizing certain manufacturers of wine holding a |
| 45 | distributor's license to renew such license; removing |
| 46 | exemption of Florida Farm Wineries from prohibition |
| 47 | against manufacturer being licensed as distributor or |
| 48 | registered as exporter; providing for severability; |
| 49 | providing for nonimpairment of contracts; providing for |
| 50 | rulemaking authority; authorizing additional positions; |
| 51 | providing appropriations; providing an effective date. |
| 52 |
|
| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
|
| 55 | Section 1. Section 561.585, Florida Statutes, is created |
| 56 | to read: |
| 57 | 561.585 Direct shipment of wine for personal |
| 58 | consumption.-- |
| 59 | (1) WINERY SHIPPER LICENSURE REQUIREMENTS.-- |
| 60 | (a) Wineries may not ship or cause to be shipped any wine |
| 61 | to individual consumers in this state unless licensed under this |
| 62 | section. Notwithstanding any provision of the Beverage Law or |
| 63 | any rule to the contrary, a person, firm, corporation, or other |
| 64 | entity that is licensed as a winery shipper under this section |
| 65 | may ship wine directly to any person who is at least 21 years of |
| 66 | age for personal use only and not for resale. To obtain or renew |
| 67 | a winery shipper's license, an applicant must: |
| 68 | 1. File an application with the division on forms |
| 69 | prescribed by the division. |
| 70 | 2. Qualify for licensure under ss. 561.15 and 561.17 or |
| 71 | provide a true copy of a certification from the alcoholic |
| 72 | beverage licensing authority of the Federal Government, or the |
| 73 | state in which the winery is located, with license |
| 74 | qualifications and procedures for that winery license that |
| 75 | include, at a minimum, the following components: |
| 76 | a. Fingerprinting of applicants. |
| 77 | b. Disqualification for applicants under 21 years of age. |
| 78 | c. Disqualification for applicants convicted of the |
| 79 | following: |
| 80 | (I) Within the past 5 years, any violation of the beverage |
| 81 | laws of this state, the United States, or any other state; |
| 82 | (II) Within the past 15 years, any felony in this state or |
| 83 | any other state of the United States; or |
| 84 | (III) Any criminal violation of the controlled substance |
| 85 | act of this state, the United States, or any other state. |
| 86 | 3. Obtain and maintain a current license as a primary |
| 87 | American source of supply as provided in s. 564.045. |
| 88 | 4. Provide to the division a true copy of its current wine |
| 89 | manufacturer's license issued by this state or another state and |
| 90 | a true copy of its current federal basic permit as a wine |
| 91 | producer issued in accordance with the Federal Alcohol |
| 92 | Administration Act. |
| 93 | 5. Pay an annual license fee in the amount of $250. |
| 94 | 6. File with the division a surety bond acceptable to the |
| 95 | division in the sum of $5,000 as surety for the payment of all |
| 96 | taxes, provided that when, at the discretion of the division, |
| 97 | the amount of business done by the winery shipper licensee is |
| 98 | such volume that a bond of less than $5,000 will be adequate, |
| 99 | the division may accept a bond in a lesser sum but not less than |
| 100 | $1,000. The surety bond currently on file with the division for |
| 101 | a winery pursuant to s. 561.37 is deemed to comply with this |
| 102 | requirement. Upon written request of the winery shipper, the |
| 103 | division shall review the total tax liability to the state by |
| 104 | the winery shipper and reduce the bond to 110 percent of the |
| 105 | prior year's total tax liability as a licensee under this |
| 106 | section but not less than $1,000. |
| 107 | 7. Sell no more than 250,000 gallons of wine per licensed |
| 108 | premises per year. |
| 109 | (b) Applicants under this section may obtain a temporary |
| 110 | initial license as authorized in s. 561.181. |
| 111 | (c) Winery shipper licensees may not ship or cause to be |
| 112 | shipped more than 18 cases of wine per calendar year per |
| 113 | household. For purposes of this section, a case is defined as a |
| 114 | container or containers that contain no more than 9,000 |
| 115 | milliliters of wine. |
| 116 | (d) Licensees shall comply with s. 564.05, which limits |
| 117 | the size of wine containers. |
| 118 | (e) Purchasers may not purchase or cause to be shipped |
| 119 | more than 18 cases of wine per calendar year per household. |
| 120 | (f) Each winery shipper licensee must verify the |
| 121 | purchaser's age at the point of purchase before completing any |
| 122 | transaction and must refuse sale of wine to any person under 21 |
| 123 | years of age. Verification methods for purposes of this |
| 124 | paragraph must include receiving a copy, electronic or |
| 125 | otherwise, of a purchaser's driver's license or other acceptable |
| 126 | identification methods approved by the division. An alternative |
| 127 | verification method that may be used by the winery shippers |
| 128 | shall include asking and recording all purchasers' names, ages, |
| 129 | and dates of birth. Such recordings shall be kept for a minimum |
| 130 | of 3 years. Purchasers shall further be advised that they must |
| 131 | show the person making the delivery one of the acceptable |
| 132 | identification cards in subsection (3) prior to delivery. |
| 133 | (g) The division may not issue or renew a license under |
| 134 | this section if the applicant or licensee is owned by a winery |
| 135 | that sells more than 250,000 gallons of wine annually per |
| 136 | licensed premises. |
| 137 | (2) LABEL.--Each winery shipper licensee shall ensure that |
| 138 | the outside shipping label on each package is conspicuous and |
| 139 | includes the following components: |
| 140 | (a) This package contains alcohol. |
| 141 | (b) An adult signature is required. |
| 142 | (c) The recipient must be at least 21 years of age. |
| 143 | (3) SIGNATURE.-- |
| 144 | (a) Each winery shipper licensee and common carrier shall |
| 145 | require, prior to delivery, that the signature of the addressee |
| 146 | or other person at least 21 years of age is obtained after |
| 147 | presentation of a valid driver's license, an identification card |
| 148 | issued under the provisions of s. 322.051, or, if the person is |
| 149 | physically handicapped, a comparable identification card issued |
| 150 | by another state which indicates the person's age, a passport, |
| 151 | or a United States Uniformed Services identification card. |
| 152 | (b) A winery shipper licensee or common carrier who |
| 153 | violates this subsection shall have a complete defense to any |
| 154 | civil action therefor, except for any administrative action by |
| 155 | the division, if, at the time the alcoholic beverage was sold, |
| 156 | given, delivered, or transferred, the person falsely evidenced |
| 157 | that he or she was of legal age to purchase or consume the |
| 158 | alcoholic beverage and the appearance of the person was such |
| 159 | that an ordinarily prudent person would believe him or her to be |
| 160 | of legal age to purchase or consume the alcoholic beverage and |
| 161 | if the winery shipper licensee or common carrier acted in good |
| 162 | faith and in reliance upon the representation and appearance of |
| 163 | the person in the belief that he or she was of legal age to |
| 164 | purchase or consume the alcoholic beverage and carefully checked |
| 165 | one of the following forms of identification with respect to the |
| 166 | person: a valid driver's license, an identification card issued |
| 167 | under the provisions of s. 322.051, or, if the person is |
| 168 | physically handicapped, a comparable identification card issued |
| 169 | by another state which indicates the person's age, a passport, |
| 170 | or a United States Uniformed Services identification card. |
| 171 | (4) MONTHLY REPORT.-- |
| 172 | (a) Each winery shipper licensee shall report monthly to |
| 173 | the division on forms prescribed by the division: |
| 174 | 1. Whether any wine product was shipped into or within |
| 175 | this state under this section during the preceding month. |
| 176 | 2. The total amount of wine shipped into or within this |
| 177 | state under this section during the preceding month. |
| 178 | 3. The quantity and types of wine shipped into or within |
| 179 | this state under this section during the preceding month. |
| 180 | 4. The amount of excise tax paid to the division for |
| 181 | shipments of wine into or within this state under this section |
| 182 | during the preceding month. |
| 183 | (b) The report required by this subsection is not required |
| 184 | from a winery shipper licensee who files a monthly report |
| 185 | pursuant to s. 561.55 that contains all the information required |
| 186 | in paragraph (a). The division is authorized to prescribe the |
| 187 | format for submission of this information in order that |
| 188 | duplicate filings are eliminated. |
| 189 | (5) TAXES.-- |
| 190 | (a) Each winery shipper licensee shall collect and remit |
| 191 | monthly to the Department of Revenue all sales taxes and pay to |
| 192 | the division all excise taxes due on sales to persons in this |
| 193 | state for the preceding month. Notwithstanding s. 212.0596, the |
| 194 | amount of such taxes shall be calculated as if the sale took |
| 195 | place at the location where the delivery occurred in this state. |
| 196 | The proceeds of the discretionary sales surtaxes imposed under |
| 197 | s. 212.055 shall be deposited into an account in the |
| 198 | Discretionary Sales Surtax Clearing Trust Fund described in s. |
| 199 | 212.054(4)(c) and distributed as provided therein. |
| 200 | (b) Each winery shipper licensee shall maintain for at |
| 201 | least 3 years after the date of delivery records of its |
| 202 | shipments into or within this state pursuant to this section, |
| 203 | including the names, addresses, amounts, and dates of all |
| 204 | shipments to persons in this state, and shall allow the |
| 205 | Department of Revenue or the division, upon request, to perform |
| 206 | an audit of such records. |
| 207 | (c) The cost of performing an audit under paragraph (b) |
| 208 | shall be assigned to the agency requesting the audit unless the |
| 209 | winery shipper licensee is found to be in material violation of |
| 210 | this subsection, in which case the cost of the audit shall be |
| 211 | assigned to the licensee. |
| 212 | (6) JURISDICTION.--Each winery shipper licensee is deemed |
| 213 | to have consented to the jurisdiction of the division or any |
| 214 | other state agency or local law enforcement agency and the |
| 215 | courts of this state concerning enforcement of this section and |
| 216 | any related laws or rules. |
| 217 | (7) PENALTIES.-- |
| 218 | (a) In addition to any other penalty provided in the |
| 219 | Beverage Law, the division may suspend or revoke a winery |
| 220 | shipper license or impose fines on the winery shipper licensee |
| 221 | in an amount not to exceed $1,000 per violation for any |
| 222 | violation of this section. |
| 223 | (b) A winery shipper licensee that knowingly and |
| 224 | intentionally ships, or causes to be shipped, wine to any person |
| 225 | in this state who is under 21 years of age commits a felony of |
| 226 | the third degree, punishable as provided in s. 775.082, s. |
| 227 | 775.083, or s. 775.084. |
| 228 | (c) Any common carrier, permit carrier, or other |
| 229 | commercial conveyance that knowingly and intentionally delivers |
| 230 | wine directly to any person in this state who is under 21 years |
| 231 | of age commits a misdemeanor of the second degree, punishable as |
| 232 | provided in s. 775.082 or s. 775.083. |
| 233 | (d) A person who knowingly and intentionally obtains wine |
| 234 | from a winery shipper licensee in violation of this section |
| 235 | commits a misdemeanor of the second degree, punishable as |
| 236 | provided in s. 775.082 or s. 775.083. |
| 237 | Section 2. Subsection (8) is added to section 561.14, |
| 238 | Florida Statutes, to read: |
| 239 | 561.14 License and registration classification.--Licenses |
| 240 | and registrations referred to in the Beverage Law shall be |
| 241 | classified as follows: |
| 242 | (8) Wineries licensed as winery shippers under s. 561.585. |
| 243 | Section 3. Section 561.54, Florida Statutes, is amended to |
| 244 | read: |
| 245 | 561.54 Certain deliveries of beverages prohibited.-- |
| 246 | (1) It is unlawful for common or permit carriers, |
| 247 | operators of privately owned cars, trucks, buses, or other |
| 248 | conveyances or out-of-state manufacturers or suppliers to make |
| 249 | delivery from without the state of any alcoholic beverage to any |
| 250 | person, association of persons, or corporation within the state, |
| 251 | except to qualified manufacturers, distributors, and exporters |
| 252 | of such beverages so delivered and to qualified bonded |
| 253 | warehouses in this state. |
| 254 | (2) Any licensee aggrieved by a violation of this section |
| 255 | may bring an action in any court of competent jurisdiction to |
| 256 | recover for the state all moneys obtained by common carriers or |
| 257 | permit carriers; obtained by operators of privately owned cars, |
| 258 | trucks, buses, or other conveyances; or obtained by out-of-state |
| 259 | manufacturers or suppliers as a result of the delivery of |
| 260 | alcoholic beverages in violation of this section, and may obtain |
| 261 | a declaratory judgment that an act or practice violates this |
| 262 | section and enjoin any person from violating this section. In |
| 263 | addition to such relief, the court may order the confiscation |
| 264 | and destruction of any alcoholic beverages delivered in |
| 265 | violation of this section. In assessing damages, the court shall |
| 266 | enter judgment against a defendant for three times the amount of |
| 267 | the delivery charges proved or the fair market value of |
| 268 | merchandise unlawfully brought into the state. Payment or |
| 269 | satisfaction of any judgment under this section, other than for |
| 270 | costs and attorney's fees, shall be made in its entirety to the |
| 271 | state. In any successful action under this section, the court |
| 272 | shall award the plaintiff costs and reasonable attorney's fees. |
| 273 | (3) This section does not apply to the shipment of wine by |
| 274 | a winery shipper licensee to a person who is at least 21 years |
| 275 | of age in accordance with s. 561.585. |
| 276 | Section 4. Section 561.545, Florida Statutes, is amended |
| 277 | to read: |
| 278 | 561.545 Certain shipments of beverages prohibited; |
| 279 | penalties; exceptions.--The Legislature finds that the direct |
| 280 | shipment of alcoholic beverages by persons in the business of |
| 281 | selling alcoholic beverages to residents of this state in |
| 282 | violation of the Beverage Law poses a serious threat to the |
| 283 | public health, safety, and welfare; to state revenue |
| 284 | collections; and to the economy of the state. The Legislature |
| 285 | further finds that the penalties for illegal direct shipment of |
| 286 | alcoholic beverages to residents of this state should be made |
| 287 | adequate to ensure compliance with the Beverage Law and that the |
| 288 | measures provided for in this section are fully consistent with |
| 289 | the powers conferred upon the state by the Twenty-first |
| 290 | Amendment to the United States Constitution. |
| 291 | (1) Any person in the business of selling alcoholic |
| 292 | beverages who knowingly and intentionally ships, or causes to be |
| 293 | shipped, any alcoholic beverage from an out-of-state location |
| 294 | directly to any person in this state who does not hold a valid |
| 295 | manufacturer's or wholesaler's license or exporter's |
| 296 | registration issued by the Division of Alcoholic Beverages and |
| 297 | Tobacco or who is not a state-bonded warehouse is in violation |
| 298 | of this section. |
| 299 | (2) Any common carrier or permit carrier or any operator |
| 300 | of a privately owned car, truck, bus, or other conveyance who |
| 301 | knowingly and intentionally transports any alcoholic beverage |
| 302 | from an out-of-state location directly to any person in this |
| 303 | state who does not hold a valid manufacturer's or wholesaler's |
| 304 | license or exporter's registration or who is not a state-bonded |
| 305 | warehouse is in violation of this section. |
| 306 | (3) Any person found by the division to be in violation of |
| 307 | subsection (1) shall be issued a notice, by certified mail, to |
| 308 | show cause why a cease and desist order should not be issued. |
| 309 | Any person who violates subsection (1) within 2 years after |
| 310 | receiving a cease and desist order or within 2 years after a |
| 311 | prior conviction for violating subsection (1) commits a felony |
| 312 | of the third degree, punishable as provided in s. 775.082, s. |
| 313 | 775.083, or s. 775.084. |
| 314 | (4) Any common carrier or permit carrier, or any operator |
| 315 | of a privately owned car, truck, bus, or other conveyance found |
| 316 | by the division to be in violation of subsection (2) as a result |
| 317 | of a second or subsequent delivery from the same source and |
| 318 | location, within a 2-year period after the first delivery shall |
| 319 | be issued a notice, by certified mail, to show cause why a cease |
| 320 | and desist order should not be issued. Any person who violates |
| 321 | subsection (2) within 2 years after receiving the cease and |
| 322 | desist order or within 2 years after a prior conviction for |
| 323 | violating subsection (2) commits a felony of the third degree, |
| 324 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 325 | (5) This section does not apply to: |
| 326 | (a) The direct shipment of sacramental alcoholic beverages |
| 327 | to bona fide religious organizations as authorized by the |
| 328 | division; |
| 329 | (b) The or to possession of alcoholic beverages in |
| 330 | accordance with s. 562.15(2); or |
| 331 | (c) The shipment of wine in accordance with s. 561.585. |
| 332 | Section 5. Subsections (1) and (6) of section 561.57, |
| 333 | Florida Statutes, are amended to read: |
| 334 | 561.57 Deliveries by licensees.-- |
| 335 | (1) Vendors shall be permitted to make deliveries away |
| 336 | from their places of business of sales actually made at the |
| 337 | licensed place of business; provided, telephone or mail orders |
| 338 | received at vendor's licensed place of business shall be |
| 339 | construed as a sale actually made at the vendor's licensed place |
| 340 | of business. For purposes of this section, Internet orders shall |
| 341 | be construed as telephone orders. |
| 342 | (6) Common carriers are not required to have vehicle |
| 343 | permits to transport alcoholic beverages. Nothing in this |
| 344 | section shall prohibit any licensee from utilizing a common |
| 345 | carrier as his or her agent to make deliveries of alcoholic |
| 346 | beverages within the state. Deliveries of alcoholic beverages by |
| 347 | licensees or common carriers utilized by licensees under this |
| 348 | section are exempt from the report filing requirements in s. |
| 349 | 562.20. All common carriers making deliveries under this section |
| 350 | shall verify that any person receiving alcoholic beverages is at |
| 351 | least 21 years of age upon the delivery of such alcoholic |
| 352 | beverages, as prescribed in division rules. Compliance with the |
| 353 | prescribed age verification measures in s. 561.585(3) shall give |
| 354 | the common carrier and the licensee a complete defense to any |
| 355 | civil action thereof, except for any administrative action by |
| 356 | the division, if, at the time the alcoholic beverage was sold, |
| 357 | given, delivered, or transferred, the person falsely evidenced |
| 358 | that he or she was of legal age to purchase or consume the |
| 359 | alcoholic beverage and the appearance of the person was such |
| 360 | that an ordinarily prudent person would believe him or her to be |
| 361 | of legal age to purchase or consume the alcoholic beverage and |
| 362 | if the licensee or common carrier acted in good faith and in |
| 363 | reliance upon the representation and appearance of the person in |
| 364 | the belief that he or she was of legal age to purchase or |
| 365 | consume the alcoholic beverage and carefully checked one of the |
| 366 | following forms of identification with respect to the person: a |
| 367 | valid driver's license, an identification card issued under the |
| 368 | provisions of s. 322.051, or, if the person is physically |
| 369 | handicapped, a comparable identification card issued by another |
| 370 | state which indicates the person's age, a passport, or a United |
| 371 | States Uniformed Services identification card. |
| 372 | Section 6. Subsection (1) of section 599.004, Florida |
| 373 | Statutes, is amended to read: |
| 374 | 599.004 Florida Farm Winery Program; registration; logo; |
| 375 | fees.-- |
| 376 | (1) The Florida Farm Winery Program is established within |
| 377 | the Department of Agriculture and Consumer Services. Under this |
| 378 | program, a winery may qualify as a tourist attraction only if it |
| 379 | is registered with and certified by the department as a Florida |
| 380 | Farm Winery. A winery may not claim to be certified unless it |
| 381 | has received written approval from the department. |
| 382 | (a) To qualify as a certified Florida Farm Winery, a |
| 383 | winery shall meet the following standards: |
| 384 | 1. Produce or Sell less than 250,000 gallons of wine |
| 385 | annually of which at least 60 percent must be made from |
| 386 | agricultural products produced in this state. The Commissioner |
| 387 | of Agriculture may waive this requirement in times of hardship. |
| 388 | 2. Maintain a minimum of 10 acres of owned or managed |
| 389 | vineyards in Florida. |
| 390 | 3. Be open to the public for tours, tastings, and sales at |
| 391 | least 30 hours each week. |
| 392 | 4. Make annual application to the department for |
| 393 | recognition as a Florida Farm Winery, on forms provided by the |
| 394 | department. |
| 395 | 5. Pay an annual application and registration fee of $100. |
| 396 | (b) To maintain certification and recognition as a Florida |
| 397 | Farm Winery, a winery must comply with the qualifications |
| 398 | provided in this section. The Commissioner of Agriculture is |
| 399 | authorized to officially recognize a certified Florida Farm |
| 400 | Winery as a state tourist attraction. |
| 401 | Section 7. Subsection (5) of section 561.24, Florida |
| 402 | Statutes, is amended to read: |
| 403 | 561.24 Licensing manufacturers as distributors or |
| 404 | registered exporters prohibited; procedure for issuance and |
| 405 | renewal of distributors' licenses and exporters' |
| 406 | registrations.-- |
| 407 | (5) Notwithstanding any of the provisions of the foregoing |
| 408 | subsections, any corporation which holds a license as a |
| 409 | distributor on June 3, 1947, shall be entitled to a renewal |
| 410 | thereof, provided such corporation complies with all of the |
| 411 | provisions of the Beverage Law of Florida, as amended, and of |
| 412 | this section and establishes by satisfactory evidence to the |
| 413 | division that, during the 6-month period next preceding its |
| 414 | application for such renewal, of the total volume of its sales |
| 415 | of spirituous liquors, in either dollars or quantity, not more |
| 416 | than 40 percent of such spirituous liquors sold by it, in either |
| 417 | dollars or quantity, were manufactured, rectified, or distilled |
| 418 | by any corporation with which the applicant is affiliated, |
| 419 | directly or indirectly, including any corporation which owns or |
| 420 | controls in any way any stock in the applicant corporation or |
| 421 | any corporation which is a subsidiary or affiliate of the |
| 422 | corporation so owning stock in the applicant corporation. Any |
| 423 | manufacturer of wine holding a license as a distributor on July |
| 424 | 1, 2008, the effective date of this act shall be entitled to a |
| 425 | renewal of such license notwithstanding the provisions of |
| 426 | subsections (1)-(5). This section does not apply to any winery |
| 427 | qualifying as a certified Florida Farm Winery under s. 599.004. |
| 428 | Section 8. Should any portion of this act be held |
| 429 | unconstitutional, it is the intent of the Legislature that the |
| 430 | courts disturb only as much of the regulatory system of this |
| 431 | state as is necessary to enforce the United States Constitution. |
| 432 | Section 9. Notwithstanding the provisions of s. 561.585, |
| 433 | Florida Statutes, contracts not otherwise prohibited by the |
| 434 | Beverage Law shall not be impaired. |
| 435 | Section 10. The Division of Alcoholic Beverages and |
| 436 | Tobacco of the Department of Business and Professional |
| 437 | Regulation and the Department of Revenue may adopt rules |
| 438 | pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to |
| 439 | implement and administer this act. |
| 440 | Section 11. For fiscal year 2008-2009, six full-time |
| 441 | equivalent positions and $164,577 in associated salary rate are |
| 442 | authorized, and the sums of $332,422 in recurring funds and |
| 443 | $59,664 in nonrecurring funds from the Alcoholic Beverage and |
| 444 | Tobacco Trust Fund of the Department of Business and |
| 445 | Professional Regulation are hereby appropriated for the purpose |
| 446 | of carrying out the regulatory activities provided in this act. |
| 447 | In addition, for fiscal year 2008-2009, two full-time equivalent |
| 448 | positions, with associated salary rate of $106,106, are |
| 449 | authorized, and the sums of $212,165 in recurring funds and |
| 450 | $11,901 in nonrecurring funds from the Administrative Trust Fund |
| 451 | of the Department of Business and Professional Regulation are |
| 452 | hereby appropriated for the purpose of carrying out the central- |
| 453 | service administrative support functions related to the |
| 454 | regulatory activities provided in this act. |
| 455 | Section 12. This act shall take effect upon becoming a |
| 456 | law. |