Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 406
Ì279010lÎ279010
LEGISLATIVE ACTION
Senate . House
Comm: WD .
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 or a vendor licensed for
19 consumption on the premises. The containers must have an
20 unbroken seal or be incapable of being immediately consumed. The
21 containers may not be filled at the point of sale with alcoholic
22 beverages purchased by a licensed manufacturer from a licensed
23 distributor. ; provided, however, that nothing contained in
24 (7) This section does not shall affect malt beverages
25 packaged in bulk, or in kegs, or in barrels or in an any
26 individual container containing 1 gallon or more of such malt
27 beverage regardless of individual container type.
28 (8)(7) Any person, firm, or corporation, its agents,
29 officers or employees, violating any of the provisions of this
30 section, shall be guilty of a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083; and the
32 license, if any, shall be subject to revocation or suspension by
33 the division.
34 Section 2. Section 563.09, Florida Statutes, is created to
35 read:
36 563.09 Malt beverage tastings.—A licensed distributor of
37 malt beverages, or any vendor, may conduct malt beverage
38 tastings upon any licensed premises authorized to sell malt
39 beverages by package or for consumption on premises without
40 being in violation of s. 561.42 if the conduct of the malt
41 beverage tasting is limited to and directed toward the general
42 public of the age of legal consumption.
43 Section 3. Paragraph (e) of subsection (14) of section
44 561.42, Florida Statutes, is amended to read:
45 561.42 Tied house evil; financial aid and assistance to
46 vendor by manufacturer, distributor, importer, primary American
47 source of supply, brand owner or registrant, or any broker,
48 sales agent, or sales person thereof, prohibited; procedure for
49 enforcement; exception.—
50 (14) The division shall adopt reasonable rules governing
51 promotional displays and advertising, which rules shall not
52 conflict with or be more stringent than the federal regulations
53 pertaining to such promotional displays and advertising
54 furnished to vendors by distributors, manufacturers, importers,
55 primary American sources of supply, or brand owners or
56 registrants, or any broker, sales agent, or sales person
57 thereof; however:
58 (e) Manufacturers, distributors, importers, brand owners,
59 or brand registrants of beer, and any broker, sales agent, or
60 sales person thereof, shall not conduct any sampling activities
61 that include tasting of their product at a vendor’s premises
62 licensed for off-premises sales only.
63 Section 4. This act shall take effect upon becoming a law.
64
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Delete everything before the enacting clause
69 and insert:
70 A bill to be entitled
71 An act relating to malt beverages; amending s. 563.06,
72 F.S.; providing for container sizes; providing for
73 labeling; providing for filling containers at the
74 point of sale by a manufacturer or vendor; providing
75 for sealing containers; prohibiting filling containers
76 at the point of sale with alcoholic beverages
77 purchased from a distributor; creating s. 563.09,
78 F.S.; authorizing malt beverage tastings upon certain
79 licensed premises; amending s. 561.42, F.S.; removing
80 the prohibition on beer samplings at the premises of
81 certain vendors; providing an effective date.