Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 642
Barcode 141414
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/03/2013 .
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The Committee on Regulated Industries (Thrasher) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 565.03, Florida Statutes, is amended to
6 read:
7 565.03 License fees; manufacturers, distributors, brokers,
8 sales agents, and importers of alcoholic beverages; vendor
9 licenses and fees; craft distilleries.—
10 (1) As used in this section, the term:
11 (a) “Craft distillery” means a licensed distillery that
12 produces 75,000 or fewer gallons per calendar year of distilled
13 spirits on its premises and that has notified the division in
14 writing of its status as a craft distillery.
15 (b) “Distillery” means a manufacturer of distilled spirits.
16 (2)(1)(a) A distillery Each liquor manufacturer authorized
17 to do business under the Beverage Law to distill, rectify, or
18 blend spirituous liquors shall pay an annual state license tax
19 of $4,000 for each plant or branch operating he or she operates
20 in the state, as follows:
21 1. If engaged in the business of distilling spirituous
22 liquors and nothing else, a state license tax of $4,000.
23 2. If engaged in the business of rectifying and blending
24 spirituous liquors and nothing else, a state license tax of
25 $4,000.
26 (b) Persons licensed hereunder in the business of
27 distilling spirituous liquors may also engage in the business of
28 rectifying and blending spirituous liquors without the payment
29 of an additional license tax.
30 (3) A craft distillery licensed under this section may sell
31 spirits distilled on its premises in this state to consumers in
32 factory-sealed containers that are filled at the distillery for
33 consumption at its souvenir gift shop. Such sales are authorized
34 only on private property contiguous to the licensed distillery
35 premises in this state and included on the sketch or diagram
36 defining the licensed premises which has been submitted with the
37 distillery’s license application. All sketch or diagram
38 revisions by the distillery require the division’s approval.
39 Before approval, the division shall verify that the souvenir
40 gift shop operated by the licensed distillery is owned or leased
41 by the distillery and is on property contiguous to the
42 distillery’s production building in this state.
43 (a) A craft distillery or licensed distillery may not sell
44 any factory-sealed individual containers of spirits except in a
45 face-to-face sales transaction on the distillery’s premises in
46 this state with a consumer who purchases no more than two
47 individual containers that comply with container limits in s.
48 565.10, for the consumer’s personal use and not for resale.
49 (b) A craft distillery may not ship, arrange to ship, or
50 deliver any of its distilled spirits to consumers within this
51 state except in a face-to-face transaction on the distillery’s
52 premises. However, a craft distillery may ship, arrange to ship,
53 or deliver such spirits to manufacturers of distilled spirits,
54 wholesale distributors of distilled spirits, state or federal
55 bonded warehouses, and exporters.
56 (c) Except as provided in paragraph (d), it is unlawful to
57 transfer a distillery license for a distillery that produces
58 75,000 gallons or fewer per calendar year of distilled spirits
59 on its premises, or to transfer an ownership interest in such
60 license, to an individual or entity that has any direct or
61 indirect ownership interest in a distillery licensed by this
62 state, another state, a territory, the United States government,
63 or another country to manufacture, blend, or rectify distilled
64 spirits for beverage purposes.
65 (d) A craft distillery may not have its ownership
66 affiliated with another distillery unless such distillery
67 produces 75,000 gallons or fewer of distilled spirits on its
68 premises per calendar year.
69 (e) A craft distillery must report to the division within 5
70 days after it reaches the production limitations provided in
71 paragraph (1)(a). Any sale to a consumer at the craft
72 distillery’s licensed premises is prohibited beginning on the
73 day after the craft distillery reaches the production limitation
74 for the year. A craft distillery that sells spirits under this
75 subsection shall submit any beverages excise taxes under the
76 Beverage Law in its monthly report to the division with any tax
77 payments due to the state.
78 (4)(2) Distributors authorized to do business under the
79 Beverage Law, unless otherwise provided, shall pay a state
80 license tax of $4,000 for each and every establishment or branch
81 they may operate or conduct in the state. However, in counties
82 having a population of 15,000 or less according to the latest
83 state or federal census, the state license tax for a restricted
84 license shall be $1,000, but the holder of such a license shall
85 be permitted to sell only to vendors and distributors licensed
86 in the same county, and such license shall contain such
87 restrictions. In such counties, licenses without such
88 restrictions may be obtained as in other counties, but the tax
89 for a license without such restrictions shall be the same as in
90 other counties. Warehouses of a licensed distributor used solely
91 for storage and located in the county in which the license is
92 issued to such distributor shall not be construed to be separate
93 establishments or branches.
94 (5)(3) Each broker or sales agent and each importer of
95 alcoholic beverages, as defined in s. 561.14(4) and (5),
96 respectively, shall pay an annual state license tax of $500.
97 (6) The division may adopt rules to administer this
98 section.
99 Section 2. Subsection (1) of section 561.14, Florida
100 Statutes, is amended to read:
101 561.14 License and registration classification.—Licenses
102 and registrations referred to in the Beverage Law shall be
103 classified as follows:
104 (1) Manufacturers licensed to manufacture alcoholic
105 beverages and distribute the same at wholesale to licensed
106 distributors and to no one else within the state, unless
107 authorized by statute. Persons engaged in the business of
108 distilling, rectifying, or blending spirituous liquors licensed
109 under s. 565.03(2) 565.03(1)(a)1. and (b) shall sell and
110 distribute such beverages at wholesale only to other
111 manufacturers and to licensed distributors and to no one else
112 within this state.
113 Section 3. The Legislature declares that it would not have
114 individually enacted any of the provisions of this act and
115 expressly finds the provisions not to be severable. If a court
116 of competent jurisdiction determines any provision of this act
117 to be in conflict with any law of this state, a federal law or
118 regulation, the State Constitution, or the United States
119 Constitution, or to be otherwise invalid for any reason, it is
120 the intent of the Legislature that all of the provisions of this
121 act be void, that such invalidity void only the changes made by
122 this act, and that no other law be affected.
123 Section 4. This act shall take effect July 1, 2013.
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete everything before the enacting clause
128 and insert:
129 A bill to be entitled
130 An act relating to distilled spirits; amending s.
131 565.03, F.S.; providing definitions; revising
132 provisions regarding a state license tax involved with
133 the operation of distilleries; providing requirements
134 for craft distilleries under certain conditions;
135 prohibiting the shipment of certain distilled spirits;
136 restricting license transferability and ownership
137 affiliation; providing reporting requirements;
138 providing requirements relating to the payment of
139 taxes; providing for the adoption of rules; amending
140 s. 561.14, F.S.; conforming a cross-reference;
141 declaring that the provisions of this act are not
142 severable; providing an effective date.