Florida Senate - 2014 CS for CS for SB 1714
By the Committees on Rules; Community Affairs; and Regulated
Industries
595-04448-14 20141714c2
1 A bill to be entitled
2 An act relating to malt beverages; amending s. 561.01,
3 F.S.; defining the term “growler”; amending s.
4 561.221, F.S.; clarifying three-tier system exceptions
5 and application with respect to the manufacture,
6 distribution, and sale of malt beverages; revising
7 requirements for licensure and operation of
8 manufacturers and vendors; defining the term
9 “licensee”; providing legislative intent; amending s.
10 561.37, F.S.; revising bond requirements for brewers;
11 amending s. 561.42, F.S.; authorizing distributors of
12 malt beverages to clean certain drafting equipment and
13 counter-pressure devices at no charge; specifying that
14 counter-pressure and other growler-filling devices are
15 not drafting equipment and tapping accessories for
16 certain purposes; amending s. 561.5101, F.S.; adding
17 an exception to the come-to-rest requirement;
18 specifying what constitutes coming to rest at a
19 distributor’s licensed premises; providing penalties;
20 reenacting and amending s. 563.022(14), F.S., relating
21 to prohibited interests between a manufacturer and a
22 distributor of malt beverages, to incorporate the
23 amendments made to s. 561.221(2), F.S., in a reference
24 thereto; revising provisions relating to shipment of
25 products to or between breweries; amending s. 563.06,
26 F.S.; revising provisions relating to the sale of malt
27 beverages at retail in containers of specified sizes,
28 to conform to changes made by the act; creating s.
29 563.061, F.S.; providing requirements for and
30 limitations on the filling, refilling, and sale or
31 distribution of growlers; reenacting s. 561.11(1),
32 F.S., relating to authority of the Division of
33 Alcoholic Beverages and Tobacco of the Department of
34 Business and Professional Regulation to adopt rules to
35 implement the Beverage Law, to incorporate the
36 amendments made to the Beverage Law by this act for
37 such purpose; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 561.221, Florida Statutes, is amended to
42 read:
43 561.221 Licensing of manufacturers and distributors as
44 vendors and of vendors as manufacturers; exceptions, conditions,
45 and limitations.—
46 (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
47 other provision of the Beverage Law prohibits the ownership,
48 management, operation, or control of not more than three
49 vendor’s licenses for the sale of alcoholic beverages by a
50 manufacturer of wine who is licensed and engaged in the
51 manufacture of wine in this state, even if such manufacturer is
52 also licensed as a distributor; provided that no such vendor’s
53 license shall be owned, managed, operated, or controlled by any
54 licensed manufacturer of wine unless the licensed premises of
55 the vendor are situated on property contiguous to the
56 manufacturing premises of the licensed manufacturer of wine.
57 (b) The Division of Alcoholic Beverages and Tobacco shall
58 issue permits to a certified Florida Farm Winery to conduct
59 tasting and sales of wine produced by certified Florida Farm
60 Wineries at Florida fairs, trade shows, expositions, and
61 festivals. The certified Florida Farm Winery shall pay all entry
62 fees and shall have a winery representative present during the
63 event. The permit is limited to the length of the event.
64 (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
65 provision of the Beverage Law, the division may is authorized to
66 issue a single vendor’s license licenses to, or renew any valid,
67 active vendor’s license previously issued to, a manufacturer of
68 malt beverages, even if the such manufacturer is also licensed
69 as a distributor, for the sale of alcoholic beverages on
70 property consisting of a single complex. The, which property
71 must shall include a brewery and such other structures which
72 promote the brewery and the tourist industry of the state.
73 However, such property may be divided by no more than one public
74 street or highway.
75 (b) A manufacturer licensed as a vendor under this
76 subsection may sell alcoholic beverages under its vendor’s
77 license as follows:
78 1. Malt beverages manufactured on the licensed premises
79 for:
80 a. On-premises consumption, which must be served through a
81 tap or spigot as draft beer; or
82 b. Off-premises consumption in growlers pursuant to s.
83 563.061. However, if the amount of malt beverages the
84 manufacturer brews on the licensed premises does not exceed
85 2,000 kegs per year, as defined in subsection (3), the
86 manufacturer may sell those malt beverages in sealed containers,
87 as authorized under s. 563.06 and its vendor’s license, only for
88 off-premises consumption.
89 2. Any other malt beverages, for on-premises consumption
90 only, as authorized under its vendor’s license, which must be
91 obtained through a distributor and served through a tap or
92 spigot as draft beer.
93 3. Any wine or liquor, for on-premises consumption only, as
94 authorized under its vendor’s license.
95 (c) Notwithstanding subparagraph (b)2., a manufacturer
96 holding its vendor’s license under this subsection as a quota
97 licensee pursuant to s. 565.02(1) may also sell malt beverages
98 brewed off the licensed premises, for off-premises consumption,
99 in sealed containers as authorized under s. 563.06 and its
100 vendor’s license, only if the premises was licensed under s.
101 565.02(1) on or before March 1, 2014. A quota license
102 authorizing sales of malt beverages for off-premises consumption
103 under this paragraph may not be moved or transferred to another
104 location where malt beverages are brewed. All malt beverages
105 sold under this paragraph, including those owned in whole or in
106 part by the manufacturer but brewed offsite on premises other
107 than the licensed manufacturing premises at that brewery site,
108 must be obtained through a licensed distributor that is not also
109 a licensed manufacturer.
110 (d) Notwithstanding subparagraph (b)3., a manufacturer
111 holding its vendor’s license under this subsection as a quota
112 licensee pursuant to s. 565.02(1) may also sell such alcoholic
113 beverages, for off-premises consumption, in sealed containers as
114 authorized under its vendor’s license, only if the premises was
115 licensed under s. 565.02(1) on or before March 1, 2014. A quota
116 license authorizing sales of alcoholic beverages for off
117 premises consumption under this paragraph may not be moved or
118 transferred to another location where malt beverages are brewed.
119 (e) Notwithstanding s. 561.57(1), the delivery of any such
120 sealed container or growler off the vendor’s licensed premises,
121 whether by common or premises carrier or by an operator of a
122 privately owned car, truck, bus, or other conveyance, is
123 prohibited. In addition, a consumer or other person may not
124 arrange for the delivery off the licensed manufacturing premises
125 to the consumer of any such sealed container or growler from a
126 vendor licensed under this subsection, whether by common or
127 premises carrier or by an operator of a privately owned car,
128 truck, bus, or other conveyance. However, this paragraph does
129 not prohibit a consumer from taking the sealed container or
130 growler, purchased by the consumer from a manufacturer licenses
131 as a vendor under this subsection, from the vendor’s licensed
132 premises to another location by a privately owned car, truck,
133 bus, or other conveyance. All sales of malt beverages under sub
134 subparagraph (b)1.b. in growlers for off-premises consumption
135 are for personal use only and not for resale.
136 (f) A manufacturer licensed as a vendor under this
137 subsection is responsible for applicable reports pursuant to ss.
138 561.50 and 561.55 with respect to the amount of malt beverages
139 sold or given to consumers on the licensed premises each month
140 and must pay the applicable excise taxes to the division by the
141 10th day of each month for the previous month.
142 (g) A manufacturer licensed as a vendor under this
143 subsection may hold a permanent food service license at the
144 licensed premises.
145 (h) This subsection is a limited exception to ss. 561.22
146 and 561.42. Except as specifically provided in this subsection
147 to permit a manufacturer of malt beverages to also be licensed
148 as a vendor, a manufacturer of malt beverages is subject to the
149 restrictions in ss. 561.22 and 561.42.
150 (3)(a) Notwithstanding s. 561.22, s. 561.42, or any other
151 provision provisions of the Beverage Law, a any vendor licensed
152 in this state may be licensed as a manufacturer of malt
153 beverages if the vendor satisfies the requirements of this
154 subsection. upon a finding by the division that:
155 (a) The division may issue a license if it finds that all
156 of the following conditions are met:
157 1. The vendor will be engaged in brewing malt beverages at
158 a single licensed premises location and in an amount that which
159 will not exceed 10,000 kegs per year. As used in For purposes of
160 this subparagraph subsection, the term “keg” means 15.5 gallons.
161 2. The malt beverages so brewed will be sold to consumers
162 only for consumption on the vendor’s licensed premises or on
163 contiguous licensed premises owned or leased by the vendor.
164 3. The applicant holds a permanent food service license.
165 (b) A licensee may sell the following alcoholic beverages,
166 which may be sold only in face-to-face transactions with
167 consumers and only for on-premises consumption:
168 1. Malt beverages that are manufactured on the licensed
169 premises.
170 2. Malt beverages that are manufactured by other
171 manufacturers purchased from a distributor as authorized under
172 its vendor’s license.
173 3. Wine or liquor purchased from a distributor as
174 authorized under its vendor’s license.
175 (c) A licensee may not:
176 1. Ship malt beverages to or between licensed premises
177 owned by the licensee. A licensee is not a manufacturer for the
178 purposes of s. 563.022(14).
179 2. Distribute or sell malt beverages off the licensed
180 premises.
181 (d)(b) A licensee is Any vendor which is also licensed as a
182 manufacturer of malt beverages pursuant to this subsection shall
183 be responsible for applicable reports pursuant to ss. 561.50 and
184 561.55 with respect to the amount of beverage manufactured each
185 month and must shall pay the applicable excise taxes thereon to
186 the division by the 10th day of each month for the previous
187 month.
188 (e)(c) A It shall be unlawful for any licensed distributor
189 of malt beverages or an any officer, agent, or other
190 representative thereof may not to discourage or prohibit a
191 licensee any vendor licensed as a manufacturer under this
192 subsection from offering malt beverages brewed for consumption
193 on the licensed premises of the vendor.
194 (f)(d) A It shall be unlawful for any manufacturer of malt
195 beverages or an any officer, agent, or other representative
196 thereof may not to take any action to discourage or prohibit a
197 any distributor of the manufacturer’s product from distributing
198 such product to a licensee licensed vendor which is also
199 licensed as a manufacturer of malt beverages pursuant to this
200 subsection.
201 (g) As used in this subsection, the term “licensee” means a
202 vendor licensed as a manufacturer of malt beverages pursuant to
203 this subsection.
204 (4) The Legislature intends that the provisions relating to
205 the sale of malt beverages by a malt beverage manufacturer
206 licensed as a vendor pursuant to subsection (2) and the
207 operation of a vendor licensed as a manufacturer pursuant to
208 subsection (3) constitute limited exceptions to the Beverage Law
209 with respect to the otherwise mutually exclusive licensing of
210 manufacturers and vendors. Any action not specifically
211 authorized in subsections (2) and (3) is prohibited unless
212 otherwise authorized under the Beverage Law.
213 Section 2. Section 561.37, Florida Statutes, is amended to
214 read:
215 561.37 Bond for payment of taxes.—
216 (1) Each manufacturer and each distributor must shall file
217 with the division a surety bond acceptable to the division in
218 the amount sum of $25,000 as surety for the payment of all
219 taxes., provided, However, if that when in the discretion of the
220 division the amount of business done by the manufacturer or
221 distributor is of such volume that a bond in an amount of less
222 than $25,000 will be adequate to secure the payment of all taxes
223 assessed or authorized by the Beverage Law, the division may
224 accept a bond in an amount of less a lesser sum than $25,000,
225 but not in no event shall it accept a bond of less than $10,000,
226 and it may at any time in its discretion require any bond in an
227 amount less of than $25,000 to be increased so as not to exceed
228 $25,000.; provided, however, that
229 (2) Notwithstanding subsection (1), the amount of bond
230 required under this section for:
231 (a) A brewer is $5,000 shall be $20,000, except that if
232 where, in the discretion of the division, the amount of business
233 done by the brewer is of such volume that a bond in an amount of
234 less than $5,000 $20,000 will be adequate to secure the payment
235 of all taxes assessed or authorized by the Beverage Law, the
236 division may accept a bond in an amount of less a lesser sum
237 than $5,000 $20,000, but not in no event shall it accept a bond
238 of less than $2,500 $10,000, and it may at any time in its
239 discretion require any bond in an amount of less than $5,000
240 $20,000 to be increased so as not to exceed $5,000. $20,000;
241 provided further that the amount of the bond required for
242 (b) A wine or wine and cordial manufacturer is shall be
243 $5,000. However, except that, in the case of a manufacturer
244 engaged solely in the experimental manufacture of wines and
245 cordials from Florida products, if where in the discretion of
246 the division the amount of business done by such a manufacturer
247 is of such volume that a bond in an amount of less than $5,000
248 will be adequate to secure the payment of all taxes assessed or
249 authorized by the Beverage Law, the division may accept a bond
250 in an amount of less a lesser sum than $5,000, but not in no
251 event shall it accept a bond of less than $1,000, and it may at
252 any time in its discretion require a bond in an amount of less
253 than $5,000 to be increased so as not to exceed $5,000.;
254 provided, further, that the amount of bond required for
255 (c) A distributor who sells only beverages containing not
256 more than 4.007 percent of alcohol by volume, in counties where
257 the sale of intoxicating liquors, wines, and beers is
258 prohibited, or a distributor and to distributors who sells sell
259 only beverages containing not more than 17.259 percent of
260 alcohol by volume and wines regardless of alcoholic content, in
261 counties where the sale of intoxicating liquors, wines, and
262 beers is permitted, is shall file with the division a surety
263 bond acceptable to the division in the sum of $25,000., as
264 surety for the payment of all taxes; provided, However, if that
265 where in the discretion of the division the amount of business
266 done by such a distributor is of such volume that a bond in an
267 amount of less than $25,000 will be adequate to secure the
268 payment of all taxes assessed or authorized by the Beverage Law,
269 the division may accept a bond in an amount of a less sum than
270 $25,000, but not in no event shall it accept a bond less than
271 $1,000, and it may at any time in its discretion require any
272 bond in an amount of less than $25,000 to be increased so as not
273 to exceed $25,000.; provided, further, that the amount of bond
274 required for
275 (d) A distributor in a county having a population of 15,000
276 or less who procures a license by which his or her sales are
277 restricted to distributors and vendors who have obtained
278 licenses in the same county is, shall be $5,000.
279 Section 3. Subsection (14) of section 561.42, Florida
280 Statutes, is amended to read:
281 561.42 Tied house evil; financial aid and assistance to
282 vendor by manufacturer, distributor, importer, primary American
283 source of supply, brand owner or registrant, or any broker,
284 sales agent, or sales person thereof, prohibited; procedure for
285 enforcement; exception.—
286 (14) The division shall adopt reasonable rules governing
287 promotional displays and advertising, which rules may shall not
288 conflict with or be more stringent than the federal regulations
289 pertaining to such promotional displays and advertising
290 furnished to vendors by distributors, manufacturers, importers,
291 primary American sources of supply, or brand owners or
292 registrants, or any broker, sales agent, or sales person
293 thereof; however:
294 (a) If a manufacturer, distributor, importer, brand owner,
295 or brand registrant of malt beverage, or any broker, sales
296 agent, or sales person thereof, provides a vendor with
297 expendable retailer advertising specialties such as trays,
298 coasters, mats, menu cards, napkins, cups, glasses,
299 thermometers, and the like, such items may shall be sold only at
300 a price not less than the actual cost to the industry member who
301 initially purchased them, without limitation in total dollar
302 value of such items sold to a vendor.
303 (b) Without limitation in total dollar value of such items
304 provided to a vendor, a manufacturer, distributor, importer,
305 brand owner, or brand registrant of malt beverage, or any
306 broker, sales agent, or sales person thereof, may rent, loan
307 without charge for an indefinite duration, or sell durable
308 retailer advertising specialties such as clocks, pool table
309 lights, and the like, which bear advertising matter.
310 (c) If a manufacturer, distributor, importer, brand owner,
311 or brand registrant of malt beverage, or any broker, sales
312 agent, or sales person thereof, provides a vendor with consumer
313 advertising specialties such as ashtrays, T-shirts, bottle
314 openers, shopping bags, and the like, such items may shall be
315 sold only at a price not less than the actual cost to the
316 industry member who initially purchased them, and but may be
317 sold without limitation in total value of such items sold to a
318 vendor.
319 (d) A manufacturer, distributor, importer, brand owner, or
320 brand registrant of malt beverage, or any broker, sales agent,
321 or sales person thereof, may provide consumer advertising
322 specialties described in paragraph (c) to consumers on any
323 vendor’s licensed premises.
324 (e) A manufacturer Manufacturers, distributor distributors,
325 importer importers, brand owner owners, or brand registrant
326 registrants of malt beverages beer, and any broker, sales agent,
327 or sales person thereof, may shall not conduct any sampling
328 activity activities that includes the include tasting of a their
329 product of any such entity or person at a vendor’s premises
330 licensed for off-premises sales only.
331 (f) A manufacturer Manufacturers, distributor distributors,
332 importer importers, brand owner owners, or brand registrant
333 registrants of malt beverages beer, and any broker, sales agent,
334 or sales person thereof, may shall not engage in cooperative
335 advertising with a vendor vendors.
336 (g) A distributor Distributors of malt beverages beer may
337 sell to a vendor vendors draft equipment and tapping accessories
338 at a price not less than the cost to the industry member who
339 initially purchased them, except there is no required charge,
340 and the a distributor may exchange any parts that which are not
341 compatible with a competitor’s system and are necessary to
342 dispense the distributor’s brands. A distributor of malt
343 beverages beer may furnish to a vendor at no charge replacement
344 parts of nominal intrinsic value, including, but not limited to,
345 washers, gaskets, tail pieces, hoses, hose connections, clamps,
346 plungers, and tap markers. To ensure quality control, a
347 distributor of malt beverages may, at no charge to a vendor,
348 clean draft equipment and counter-pressure devices that use or
349 dispense a malt beverage that the distributor sold to the
350 vendor. Counter-pressure and other growler-filling devices are
351 not draft equipment or tapping accessories for purposes of this
352 paragraph.
353 Section 4. Section 561.5101, Florida Statutes, is amended
354 to read:
355 561.5101 Come-to-rest requirement; exceptions; penalties.—
356 (1) For purposes of inspection and tax-revenue control, all
357 malt beverages, except those manufactured on and sold at the
358 brewery or vendor pursuant to s. 561.221(2) or (3) s.
359 561.221(3), must come to rest at the licensed premises of an
360 alcoholic beverage distributor wholesaler in this state before
361 being sold to a vendor by the distributor wholesaler. A malt
362 beverage is considered to have come to rest under this
363 subsection only if it has been unloaded in its entirety from the
364 transport vehicle and placed in the distributor’s warehouse
365 inventory. The prohibition contained in this subsection does not
366 apply to the shipment of malt beverages commonly known as
367 private labels. The prohibition contained in this subsection
368 does shall not prevent a manufacturer from shipping malt
369 beverages for storage at a bonded warehouse facility, if the
370 provided that such malt beverages are distributed as provided in
371 this subsection or to an out-of-state entity.
372 (2) A Any person who is in the business of selling
373 alcoholic beverages and who knowingly and intentionally sells
374 malt beverages in a manner inconsistent with the requirements of
375 subsection (1), whether to a vendor or to an ultimate consumer,
376 commits a felony of the third degree, punishable as provided in
377 s. 775.082, s. 775.083, or s. 775.084.
378 Section 5. For the purpose of incorporating the amendment
379 made by this act to section 561.221(2), Florida Statutes, in
380 reference thereto, subsection (14) of section 563.022, Florida
381 Statutes, is reenacted and amended to read:
382 563.022 Relations between beer distributors and
383 manufacturers.—
384 (14) MANUFACTURER; PROHIBITED INTERESTS.—
385 (a) This subsection applies to:
386 1. A manufacturer;
387 2. An Any officer, director, agent, or employee of a
388 manufacturer; or
389 3. An affiliate of a any manufacturer, regardless of
390 whether the affiliation is corporate or by management,
391 direction, or control.
392 (b) Except as provided in paragraph (c), an no entity or
393 person specified in paragraph (a) may not have an interest in
394 the license, business, assets, or corporate stock of a licensed
395 distributor and may not nor shall such entity sell directly to a
396 any vendor in this state other than a vendor to vendors who are
397 licensed pursuant to s. 561.221(2).
398 (c) An Any entity or person specified described in
399 paragraph (a) may financially assist a proposed distributor in
400 acquiring ownership of the distributorship through participation
401 in a limited partnership arrangement in which the entity or
402 person specified described in paragraph (a) is a limited partner
403 and the proposed distributor seeking to acquire ownership of the
404 distributorship is the general partner. Such a limited
405 partnership arrangement arrangements may exist for no longer
406 than 8 years from its their creation and may shall not be
407 extended or renewed by means of a transfer of full ownership to
408 an entity or person specified described in paragraph (a)
409 followed by the creation of a new limited partnership or by any
410 other means. In any such arrangement for financial assistance,
411 the federal basic permit and distributor’s license issued by the
412 division shall be issued in the name of the distributor and not
413 in the name of an entity or person specified described in
414 paragraph (a). If, after the creation of a limited partnership
415 pursuant to this paragraph, an entity or person specified
416 described in paragraph (a) acquires title to the distributorship
417 that which was the subject of the limited partnership, the
418 entity or person specified described in paragraph (a) shall
419 divest itself of the distributorship within 180 days, and the
420 distributorship shall be ineligible for limited partnership
421 financing for 20 years thereafter. An No entity or person
422 specified described in paragraph (a) may not shall enter into a
423 limited partnership arrangement with a licensed distributor
424 whose distributorship existed and was operated before prior to
425 the creation of such limited partnership arrangement.
426 (d) Nothing in The Beverage Law does not shall be construed
427 to prohibit a manufacturer from shipping products to or between
428 its breweries without a distributor’s license. The preceding
429 sentence does not exempt a manufacturer from the come-to-rest
430 requirement of s. 561.5101(1) for products shipped to or between
431 its breweries for sale under a vendor license issued to the
432 manufacturer pursuant to s. 562.221(2).
433 (e) Notwithstanding the provisions of paragraph (b), an any
434 entity or person specified named in paragraph (a) may have an
435 interest in the license, business, assets, or corporate stock of
436 a licensed distributor for a maximum of 180 consecutive days as
437 the result of a judgment of foreclosure against the distributor
438 or for 180 consecutive days after acquiring title pursuant to
439 the written request of the licensed distributor. Under either of
440 these circumstances, manufacturer ownership of an interest in
441 the license, business, assets, or corporate stock of a licensed
442 distributor may shall only be for 180 days and only for the
443 purpose of facilitating an orderly transfer of the
444 distributorship to an owner not affiliated with a manufacturer.
445 (f) Notwithstanding the provisions of paragraph (b), an any
446 entity or person specified named in paragraph (a) may have a
447 security interest in the inventory or property of its licensed
448 distributors to secure payment for that said inventory or other
449 loans for other purposes.
450 Section 6. Section 563.06, Florida Statutes, is amended to
451 read:
452 563.06 Malt beverages; imprint on individual container;
453 size of containers; growlers; exemptions.—
454 (1) On and after October 1, 1959, All taxable malt
455 beverages packaged in individual containers possessed by any
456 person in the state for the purpose of sale or resale in the
457 state, except operators of railroads, sleeping cars, steamships,
458 buses, and airplanes engaged in interstate commerce and licensed
459 under this section, must shall have imprinted thereon in clearly
460 legible fashion by any permanent method the word “Florida” or
461 “FL” and no other state name or abbreviation of any state name
462 in not less than 8-point type. The word “Florida” or “FL” shall
463 appear first or last, if imprinted in conjunction with any
464 manufacturer’s code. A facsimile of the imprinting and its
465 location as it will appear on the individual container must
466 shall be submitted to the division for approval.
467 (2) Nothing herein contained shall require such designation
468 to be attached to individual containers of malt beverages which
469 are transported through this state and which are not sold,
470 delivered, or stored for sale therein, if transported in
471 accordance with such rules and regulations as adopted by the
472 division; nor shall this requirement apply to malt beverages
473 packaged in individual containers and held on the premises of a
474 brewer or bottler, which malt beverages are for sale and
475 delivery to persons outside the state.
476 (3) Possession by any person in the state, except as
477 otherwise provided herein, of more than 4 1/2 gallons of malt
478 beverages in individual containers which do not have the word
479 “Florida” or “FL” as herein provided, shall be prima facie
480 evidence that said malt beverage is possessed for the purpose of
481 sale or resale.
482 (4) Except as otherwise provided herein, any malt beverages
483 in individual containers held or possessed in the state for the
484 purpose of sale or resale within the state which do not bear the
485 word “Florida” or “FL” thereon shall, at the direction of the
486 division, be confiscated in accordance with the provisions of
487 the Beverage Law.
488 (5)(a) Nothing contained in this section shall require that
489 malt beverages packaged in individual containers and possessed
490 by any person in the state for purposes of sale or resale in the
491 state have imprinted thereon the word “Florida” or “FL” if the
492 manufacturer of the malt beverages can establish before the
493 division that the manufacturer has a tracking system in place,
494 by use of code or otherwise, which enables the manufacturer,
495 with at least 85 percent reliability by July 1, 1996, and 90
496 percent reliability by January 1, 2000, to identify the
497 following:
498 1. The place where individual containers of malt beverages
499 were produced;
500 2. The state into which the individual containers of malt
501 beverages were shipped; and
502 3. The individual distributors within the state which
503 received the individual containers of malt beverages.
504 (b) Prior to shipping individual containers of malt
505 beverages into the state which do not have the word “Florida” or
506 “FL” imprinted thereon, the manufacturer must file an
507 application with the division to claim the exemption contained
508 herein and must obtain approval from the division to ship
509 individual containers of malt beverages into the state which do
510 not have the word “Florida” or “FL” imprinted thereon.
511 Information furnished by the manufacturer to establish the
512 criteria contained within paragraph (a) may be subject to an
513 annual audit and verification by the division. The division may
514 revoke an approved exemption if the manufacturer refuses to
515 furnish the information required in paragraph (a) upon request
516 of the division, or if the manufacturer fails to permit a
517 subsequent verification audit, or if the manufacturer fails to
518 fully cooperate with the division during the conducting of an
519 audit.
520 (c) When a distributor has information that malt beverages
521 may have been shipped into Florida on which payment of Florida
522 excise taxes has not been made, such information may be provided
523 to the division and the division shall investigate to ascertain
524 whether any violations of Florida law have occurred.
525 (6) All malt beverages packaged in individual containers
526 sold or offered for sale by vendors at retail in this state,
527 except for malt beverages authorized to be sold in growlers
528 pursuant to s. 563.061, must shall be in individual containers
529 containing no more than 32 ounces of such malt beverages.;
530 provided, however, that nothing contained in
531 (7) This section does not shall affect malt beverages
532 packaged in bulk, or in kegs or in barrels, or in any individual
533 container containing 1 gallon or more of such malt beverage
534 regardless of individual container type.
535 (8)(7) A Any person, firm, or corporation, or any of its
536 agents, officers or employees, that violates violating any of
537 the provisions of this section commits, shall be guilty of a
538 misdemeanor of the first degree, punishable as provided in s.
539 775.082 or s. 775.083; and the license, if any, is shall be
540 subject to revocation or suspension by the division.
541 Section 7. Section 563.061, Florida Statutes, is created to
542 read:
543 563.061 Malt beverages; filling or refilling of growlers.—
544 (1) “Growler” means a refillable container that is made of
545 glass, ceramic, metal, or similar leak-proof material and is
546 designed to contain a carbonated malt beverage in a capacity of
547 32 ounces, 64 ounces, or 128 ounces.
548 (2) The filling or refilling of a growler shall be in
549 response to an order, in a face-to-face transaction, only for
550 off-premises consumption. The growler must be filled with a malt
551 beverage and sealed on the premises at or immediately before or
552 after the time of sale.
553 (3) The filling or refilling of a growler is limited to:
554 (a) A manufacturer of malt beverages who holds a valid
555 vendor’s license pursuant to s. 561.221(2);
556 (b) A vendor holding a quota license under ss. 561.20(1)
557 and 565.02(1)(a) with the sale of malt beverages authorized
558 under that license; or
559 (c) A vendor holding a license under s. 563.02(1)(b)-(f),
560 s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless the license
561 restricts the sale of malt beverages only for consumption on the
562 licensed premises.
563 (4) The growler must have an unbroken seal or be incapable
564 of being immediately consumed.
565 (5) The growler must be clearly labeled as containing an
566 alcoholic beverage and provide the name of the manufacturer, the
567 brand, the volume, the percentage of alcohol by volume, and the
568 required federal health warning notice for alcoholic beverages.
569 If a growler being refilled has an existing label or other
570 identifying mark of a manufacturer or brand from a prior filling
571 or refilling, that label must be covered sufficiently to
572 indicate the manufacturer and brand of the malt beverage being
573 placed in the container at that refilling.
574 (6) The growler must be clean before filling or refilling.
575 (7) The vendor filling or refilling a growler must leave
576 sufficient space to allow for expansion of the contents due to
577 changes in temperature or pressure that can reasonably be
578 anticipated and that would otherwise result in leakage or other
579 failure of the growler to contain the malt beverage.
580 (8) A licensee authorized to fill and refill growlers may
581 not use them for purposes of distribution or sale off the
582 manufacturer’s or vendor’s licensed premises, except as
583 authorized under this section and s. 561.221(2).
584 Section 8. For the purpose of incorporating the amendments
585 made by this act to the Beverage Law, subsection (1) of section
586 561.11, Florida Statutes, is reenacted to read:
587 561.11 Power and authority of division.—
588 (1) The division has authority to adopt rules pursuant to
589 ss. 120.536(1) and 120.54 to implement the provisions of the
590 Beverage Law.
591 Section 9. This act shall take effect July 1, 2014.