Florida Senate - 2017                                     SB 388
       By Senator Hutson
       7-00499-17                                             2017388__
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.42, F.S.; prohibiting the possession or use by
    4         certain licensees of specified wine or fortified wine
    5         coupons; providing an exemption from provisions
    6         relating to the tied house evil for specified
    7         financial transactions between a manufacturer of beer
    8         or malt beverages and a licensed vendor; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (13) of section 561.42, Florida
   14  Statutes, is amended, and subsection (15) is added to that
   15  section, to read:
   16         561.42 Tied house evil; financial aid and assistance to
   17  vendor by manufacturer, distributor, importer, primary American
   18  source of supply, brand owner or registrant, or any broker,
   19  sales agent, or sales person thereof, prohibited; procedure for
   20  enforcement; exception.—
   21         (13) A licensee under the Beverage Law may not possess or
   22  use, in physical or electronic format, any type of malt
   23  beverage, wine, or fortified wine coupon or malt beverage, wine,
   24  or fortified wine cross-merchandising coupon in this state,
   25  where:
   26         (a) The coupon is produced, sponsored, or furnished,
   27  whether directly or indirectly, by an alcoholic beverage
   28  manufacturer, distributor, importer, brand owner, or brand
   29  registrant or any broker, sales agent, or sales person thereof;
   30  and
   31         (b) The coupon is or purports to be redeemable by a vendor
   32  or other person who sells malt beverages, wine, or fortified
   33  wine to consumers in the state.
   34         (15) This section does not apply to a financial transaction
   35  negotiated at arm’s length for fair market value between a
   36  manufacturer of beer or malt beverages, as defined in s. 563.01,
   37  and a vendor licensed under the Beverage Law if such financial
   38  transaction does not involve, either all or in part, the direct
   39  sale or distribution of beer or malt beverages between the
   40  manufacturer and licensed vendor.
   41         Section 2. This act shall take effect July 1, 2017.