Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 406
Ì271554-Î271554
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/17/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (7) of section 563.06,
6 Florida Statutes, is redesignated as subsection (8), a new
7 subsection (7) is added to that section, and present subsection
8 (6) is amended to read:
9 563.06 Malt beverages; imprint on individual container;
10 size of containers; exemptions.—
11 (6) All malt beverages packaged in individual containers
12 sold or offered for sale by vendors at retail in this state
13 shall be in individual containers containing 64 ounces, or a
14 lesser size containing no more than 32 ounces, of such malt
15 beverages. The containers shall include information specifying
16 the manufacturer, the brand, and the percentage alcohol by
17 volume of the malt beverage, and may be filled at the point of
18 sale by either a licensed manufacturer, a vendor licensed under
19 ss. 561.20(1)and 565.01(1)(a)-(f), or a vendor licensed for
20 consumption on the premises, provided the license permits off
21 premises sales. The containers must have an unbroken seal or be
22 incapable of being immediately consumed. The containers may not
23 be filled at the point of sale with alcoholic beverages
24 purchased from a licensed distributor by a licensed
25 manufacturer. ; provided, however, that nothing contained in
26 (7) This section does not shall affect malt beverages
27 packaged in bulk, or in kegs, or in barrels or in an any
28 individual container containing 1 gallon or more of such malt
29 beverage regardless of individual container type.
30 (8)(7) Any person, firm, or corporation, its agents,
31 officers or employees, violating any of the provisions of this
32 section, shall be guilty of a misdemeanor of the first degree,
33 punishable as provided in s. 775.082 or s. 775.083; and the
34 license, if any, shall be subject to revocation or suspension by
35 the division.
36 Section 2. Section 563.09, Florida Statutes, is created to
37 read:
38 563.09 Malt beverage tastings.—A licensed distributor of
39 malt beverages, or any vendor, may conduct malt beverage
40 tastings upon any licensed premises authorized to sell malt
41 beverages by package or for consumption on premises without
42 being in violation of s. 561.42 if the conduct of the malt
43 beverage tasting is limited to and directed toward the general
44 public of the age of legal consumption.
45 Section 3. Paragraph (e) of subsection (14) of section
46 561.42, Florida Statutes, is amended to read:
47 561.42 Tied house evil; financial aid and assistance to
48 vendor by manufacturer, distributor, importer, primary American
49 source of supply, brand owner or registrant, or any broker,
50 sales agent, or sales person thereof, prohibited; procedure for
51 enforcement; exception.—
52 (14) The division shall adopt reasonable rules governing
53 promotional displays and advertising, which rules shall not
54 conflict with or be more stringent than the federal regulations
55 pertaining to such promotional displays and advertising
56 furnished to vendors by distributors, manufacturers, importers,
57 primary American sources of supply, or brand owners or
58 registrants, or any broker, sales agent, or sales person
59 thereof; however:
60 (e) Manufacturers, distributors, importers, brand owners,
61 or brand registrants of beer, and any broker, sales agent, or
62 sales person thereof, shall not conduct any sampling activities
63 that include tasting of their product at a vendor’s premises
64 licensed for off-premises sales only.
65 Section 4. This act shall take effect upon becoming a law.
66
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete everything before the enacting clause
71 and insert:
72 A bill to be entitled
73 An act relating to malt beverages; amending s. 563.06,
74 F.S.; providing for container sizes; providing for
75 labeling; providing for filling containers at the
76 point of sale by a manufacturer or vendor; providing
77 for sealing containers; prohibiting filling containers
78 at the point of sale with alcoholic beverages
79 purchased from a distributor; creating s. 563.09,
80 F.S.; authorizing malt beverage tastings upon certain
81 licensed premises; amending s. 561.42, F.S.; removing
82 the prohibition on beer samplings at the premises of
83 certain vendors; providing an effective date.