Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS for CS for SB 998 Ì638550&Î638550 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 04/14/2015 12:30 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Margolis moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 47 and 48 4 insert: 5 Section 2. Subsection (9) of section 565.02, Florida 6 Statutes, is amended to read: 7 565.02 License fees; vendors; clubs; caterers; and others.— 8 (9) It is the finding of the Legislature that passenger 9 vessels engaged exclusively in foreign commerce are susceptible 10 to a distinct and separate classification for purposes of the 11 sale of alcoholic beverages under the Beverage Law. Upon the 12 filing of an application and payment of an annual fee of $1,100, 13 the director is authorized to issue a permit authorizing the 14 operator, or, if applicable, his or her concessionaire, of a 15 passenger vessel which has cabin-berth capacity for at least 75 16 passengers, and which is engaged exclusively in foreign 17 commerce, to sell alcoholic beverages on the vessel for 18 consumption on board only: 19 (a) During a period not in excess of 24 hours prior to 20 departure while the vessel is moored at a dock or wharf in a 21 port of this state; or 22 (b) At any time while the vessel is located in Florida 23 territorial waters and is in transit to or from international 24 waters. 25 26 One such permit shall be required for each such vessel and shall 27 name the vessel for which it is issued. No license shall be 28 required or tax levied by any municipality or county for the 29 privilege of selling beverages for consumption on board such 30 vessels. The beverages so sold may be purchased outside the 31 state by the permittee, and the same shall not be considered as 32 imported for the purposes of s. 561.14(3) solely because of such 33 sale. The permittee is not required to obtain its beverages from 34 licensees under the Beverage Law, but it shall keep a strict 35 account of all such beverages sold within this state and shall 36 make monthly reports to the division on forms prepared and 37 furnished by the division. A permittee who sells on board the 38 vessel beverages withdrawn from United States Bureau of Customs 39 and Border Protection bonded storage on board the vessel may 40 satisfy such accounting requirement by supplying the division 41 with copies of the appropriate United States Bureau of Customs 42 and Border Protection forms evidencing such withdrawals as 43 importations under United States customs laws. Such permittee 44 shall pay to the state an excise tax for beverages sold pursuant 45 to this section, if such excise tax has not previously been 46 paid, in an amount equal to the tax which would be required to 47 be paid on such sales by a licensed manufacturer or distributor. 48 The calculation of excise tax due under this section must be 49 based on the advertised volume per drink. A vendor holding such 50 permit shall pay the tax monthly to the division at the same 51 time he or she furnishes the required report. Such report shall 52 be filed on or before the 15th day of each month for the sales 53 occurring during the previous calendar month. The provisions of 54 s. 213.21(7) are applicable for all taxes administered by the 55 department under this section. 56 57 ================= T I T L E A M E N D M E N T ================ 58 And the title is amended as follows: 59 Delete line 11 60 and insert: 61 entities; amending s. 565.02, F.S.; requiring the 62 calculation of a specified excise tax to be based on 63 the advertised volume per drink; providing 64 applicability; providing an effective date.