Florida Senate - 2022                                    SB 1538
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01311A-22                                          20221538__
    1                        A bill to be entitled                      
    2         An act relating to distilled spirits; creating s.
    3         565.21, F.S.; prohibiting distributors or officers,
    4         agents, or other representatives of a distributor from
    5         taking specified actions; authorizing courts to grant
    6         certain injunctive relief; prohibiting courts from
    7         requiring bond to be posted under certain
    8         circumstances; providing a cause of action for
    9         violations of the act; authorizing persons to bring
   10         class actions under certain circumstances; authorizing
   11         courts to award punitive damages under certain
   12         circumstances; providing construction; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 565.21, Florida Statutes, is created to
   18  read:
   19         565.21 Relations between distilled spirits distributors and
   20  vendors.—
   21         (1)(a) A distributor or an officer, an agent, or another
   22  representative of a distributor may not do any of the following:
   23         1. Fail to meet the terms of a coupon if a vendor accepts
   24  the coupon from a consumer and the coupon was made available to
   25  the public by a manufacturer or a distributor or an officer,
   26  agent, or other representative of a manufacturer or distributor.
   27         2. Fail to make any coupon made available to a vendor
   28  available for every other vendor doing business with the
   29  distributor.
   30         3. If offering a discount for orders of certain quantities
   31  of distilled spirits products, fail to provide a reasonable
   32  opportunity for all vendors doing business with the distributor
   33  to purchase such discounted products within, at a minimum, a 3
   34  day period after providing the initial discount.
   35         4. Reimburse a vendor for the cost of separately packaged
   36  merchandise that is provided by the vendor to the consumer for
   37  free concurrent with the sale of a distilled spirits product.
   38         5. Willfully discriminate, either directly or indirectly,
   39  in a price offered to vendors, if the effect of such
   40  discrimination is likely to substantially lessen competition.
   41         6. Misrepresent the availability of any product.
   42         7. Take any retaliatory action against a vendor that files
   43  a complaint regarding an alleged violation of state or federal
   44  law or administrative rule by a distributor or manufacturer.
   45         (b) Any person who violates this subsection is not subject
   46  to criminal penalties under the Beverage Law for such violation.
   47         (2)(a) In any action brought for a violation of this
   48  section, the court has the authority to grant temporary,
   49  preliminary, or final injunctive relief. If the court grants
   50  injunctive relief, the court may not require bond to be posted.
   51         (b) In addition to temporary, preliminary, or final
   52  injunctive relief, any person who is aggrieved or injured in his
   53  or her business or property by a violation of this section may
   54  bring an action in the appropriate circuit court and, if
   55  successful, is entitled to recover the damages sustained and the
   56  costs of such action, including reasonable attorney fees.
   57         (c) Without regard and in addition to any other remedy or
   58  relief to which a person is entitled, anyone aggrieved by a
   59  violation of this section may bring an action to obtain a
   60  declaratory judgment that an act, an action, or a practice
   61  violates this section and to enjoin a distributor that has
   62  violated, is violating, or is otherwise likely to violate this
   63  section.
   64         (d) If an action brought under this section is one of
   65  common or general interest to many persons or when the parties
   66  are numerous and it is impracticable to bring them all before
   67  the court, one or more persons may bring a class action for the
   68  benefit of the whole, including actions for injunctive relief.
   69         (e) In an action brought under this section for monetary
   70  damages, if a judge or jury finds that the defendant acted
   71  maliciously, punitive damages may be awarded as authorized under
   72  the laws of this state.
   73         (f) The remedies provided in this subsection are in
   74  addition to any other civil remedies provided by law or in
   75  equity. This subsection does not give rise to or foreclose any
   76  claim that would otherwise exist against a distributor by a
   77  vendor doing, or potentially doing, business with the
   78  distributor.
   79         Section 2. This act shall take effect July 1, 2022.