Florida Senate - 2014                                    SB 1714
       
       
        
       By the Committee on Regulated Industries
       
       
       
       
       
       580-03266-14                                          20141714__
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s. 561.01,
    3         F.S.; defining the term “growler”; amending s.
    4         561.221, F.S.; clarifying three-tier system exceptions
    5         and application with respect to the manufacture,
    6         distribution, and sale of malt beverages; revising
    7         requirements for licensure and operation of
    8         manufacturers and vendors; providing legislative
    9         intent; amending s. 561.37, F.S., to revise bond
   10         requirements for brewers; amending s. 561.5101, F.S.;
   11         adding an exception to the come-to-rest requirement;
   12         amending s. 562.34, F.S.; authorizing the possession
   13         and transportation of a growler; reenacting s.
   14         563.022(14), F.S., relating to prohibited interests
   15         between a manufacturer and a distributor of malt
   16         beverages, to incorporate the amendments made to s.
   17         561.221, F.S., in a reference thereto; clarifying
   18         provisions; amending s. 563.06, F.S.; revising
   19         provisions relating to the sale of malt beverages at
   20         retail in containers of specified sizes, to conform to
   21         changes made by the act; creating s. 563.061, F.S.;
   22         providing requirements for and limitations on the
   23         filling, refilling, and sale or distribution of
   24         growlers; providing severability; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (22) is added to section 561.01,
   30  Florida Statutes, to read:
   31         561.01 Definitions.—As used in the Beverage Law:
   32         (22) “Growler” means a clean container made of glass,
   33  ceramic, metal, or similar leak-proof material having a capacity
   34  of 32 ounces, 64 ounces, or 128 ounces which, in response to an
   35  order in a face-to-face transaction for off-premises
   36  consumption, is filled with a malt beverage and sealed on the
   37  premises at or immediately before or after the time of sale.
   38         Section 2. Section 561.221, Florida Statutes, is amended to
   39  read:
   40         561.221 Licensing of manufacturers and distributors as
   41  vendors and of vendors as manufacturers; exceptions, conditions,
   42  and limitations.—
   43         (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
   44  other provision of the Beverage Law prohibits the ownership,
   45  management, operation, or control of not more than three
   46  vendor’s licenses for the sale of alcoholic beverages by a
   47  manufacturer of wine who is licensed and engaged in the
   48  manufacture of wine in this state, even if such manufacturer is
   49  also licensed as a distributor; provided that no such vendor’s
   50  license shall be owned, managed, operated, or controlled by any
   51  licensed manufacturer of wine unless the licensed premises of
   52  the vendor are situated on property contiguous to the
   53  manufacturing premises of the licensed manufacturer of wine.
   54         (b) The Division of Alcoholic Beverages and Tobacco shall
   55  issue permits to a certified Florida Farm Winery to conduct
   56  tasting and sales of wine produced by certified Florida Farm
   57  Wineries at Florida fairs, trade shows, expositions, and
   58  festivals. The certified Florida Farm Winery shall pay all entry
   59  fees and shall have a winery representative present during the
   60  event. The permit is limited to the length of the event.
   61         (2) Notwithstanding s. 561.22, s. 561.42, or any other
   62  provision of the Beverage Law, the division is authorized to
   63  issue vendor’s licenses to a manufacturer of malt beverages,
   64  even if such manufacturer is also licensed as a distributor, for
   65  the sale of alcoholic beverages on property consisting of a
   66  single complex, which property shall include a brewery and such
   67  other structures which promote the brewery and the tourist
   68  industry of the state. However, such property may be divided by
   69  no more than one public street or highway. A vendor’s license
   70  issued under this subsection is subject to the following
   71  restrictions:
   72         (a) Sales to consumers for off-premises consumption of malt
   73  beverages are limited to growlers that are filled or refilled
   74  with malt beverages manufactured on the licensed premises
   75  pursuant to the requirements of s. 563.061. Such sales must be
   76  made directly to consumers in face-to-face transactions. Malt
   77  beverages manufactured at another location, including another
   78  licensed manufacturing premises directly or indirectly owned in
   79  whole or in part by the manufacturer, and malt beverages
   80  manufactured by any other manufacturer may be sold as authorized
   81  by the manufacturer’s vendor license, provided that malt
   82  beverages sold for consumption off the licensed premises shall
   83  be obtained from a licensed distributor and sold to the consumer
   84  in their original sealed containers. This paragraph does not
   85  prohibit the sale of other alcoholic beverages for on-premises
   86  or off-premises consumption, as authorized under the
   87  manufacturer’s vendor license, provided that such beverages are
   88  obtained from a licensed distributor.
   89         (b) Notwithstanding s. 561.57(1), the delivery of a sealed
   90  container or growler containing a malt beverage off a licensed
   91  premises, whether by common or premises carrier or by an
   92  operator of a privately owned motor vehicle or other conveyance,
   93  is prohibited. In addition, a consumer or other person may not
   94  arrange for the delivery of a sealed container or growler
   95  containing a malt beverage off the licensed premises to the
   96  consumer, whether by common or premises carrier or by an
   97  operator of a privately owned motor vehicle or other conveyance.
   98  However, this paragraph does not prohibit a consumer from taking
   99  the sealed container or growler containing a malt beverage
  100  purchased by the consumer under this subsection from the
  101  licensed premises to another location by a privately owned motor
  102  vehicle or other conveyance.
  103         (c) A manufacturer licensed as a vendor is responsible for
  104  applicable reports pursuant to ss. 561.50 and 561.55 with
  105  respect to the amount of malt beverages sold or given to
  106  consumers on the licensed premises each month and must pay the
  107  applicable excise taxes to the division by the 10th day of each
  108  month for the previous month.
  109         (d) This subsection does not preclude a licensed
  110  manufacturer of malt beverages from also holding a permanent
  111  food service license at the licensed premises.
  112         (e) This subsection is a limited exception to ss. 561.22
  113  and 561.42. Except as specifically provided in this subsection
  114  to permit a manufacturer of malt beverages to also be licensed
  115  as a vendor, a manufacturer of malt beverages is subject to the
  116  restrictions in ss. 561.22 and 561.42.
  117         (3)(a)Notwithstanding s. 561.22, s. 561.42, or any other
  118  provision Notwithstanding other provisions of the Beverage Law,
  119  a any vendor licensed in this state may be licensed as a
  120  manufacturer of malt beverages if the vendor satisfies the
  121  requirements of this subsection. upon a finding by the division
  122  that:
  123         (a) The division may issue a license if it finds that all
  124  of the following conditions are met:
  125         1. The vendor will be engaged in brewing malt beverages at
  126  a single licensed premises location and in an amount that which
  127  will not exceed 10,000 kegs per year. As used in For purposes of
  128  this subparagraph subsection, the term “keg” means 15.5 gallons.
  129         2. The malt beverages so brewed will be sold to consumers
  130  for consumption on the vendor’s licensed premises or on
  131  contiguous licensed premises owned by the vendor.
  132         3. The applicant holds a permanent food service license.
  133         (b) A licensee may sell the following alcoholic beverages,
  134  which may be sold only in face-to-face transactions with
  135  consumers:
  136         1. Malt beverages that are manufactured on the licensed
  137  premises for on-premises consumption.
  138         2. Malt beverages that are manufactured by other
  139  manufacturers for on-premises consumption as authorized under
  140  its vendor’s license.
  141         3. Wine or liquor for on-premises consumption as authorized
  142  under its vendor’s license.
  143         (c) A licensee may not:
  144         1. Ship malt beverages to or between licensed premises
  145  owned by the licensee. A licensee is not a manufacturer for the
  146  purposes of s. 563.022(14).
  147         2. Distribute or sell malt beverages off the licensed
  148  premises.
  149         (d)(b)A licensee is Any vendor which is also licensed as a
  150  manufacturer of malt beverages pursuant to this subsection shall
  151  be responsible for applicable reports pursuant to ss. 561.50 and
  152  561.55 with respect to the amount of beverage manufactured each
  153  month and must shall pay the applicable excise taxes thereon to
  154  the division by the 10th day of each month for the previous
  155  month.
  156         (e)(c)A It shall be unlawful for any licensed distributor
  157  of malt beverages or an any officer, agent, or other
  158  representative thereof may not to discourage or prohibit a
  159  licensee any vendor licensed as a manufacturer under this
  160  subsection from offering malt beverages brewed for consumption
  161  on the licensed premises of the vendor.
  162         (f)(d)A It shall be unlawful for any manufacturer of malt
  163  beverages or an any officer, agent, or other representative
  164  thereof may not to take any action to discourage or prohibit a
  165  any distributor of the manufacturer’s product from distributing
  166  such product to a licensee licensed vendor which is also
  167  licensed as a manufacturer of malt beverages pursuant to this
  168  subsection.
  169         (g) As used in this subsection, the term “licensee” means a
  170  vendor licensed as a manufacturer of malt beverages pursuant to
  171  this subsection.
  172         (4) The Legislature intends that the provisions relating to
  173  the sale of malt beverages by a malt beverage manufacturer
  174  pursuant to subsection (2) and the operation of a licensed
  175  vendor pursuant to subsection (3) constitute limited exceptions
  176  to the manufacturing and vendor licensing requirements of the
  177  Beverage Law. Anything not specifically authorized in
  178  subsections (2) and (3) is prohibited unless otherwise
  179  authorized under the Beverage Law.
  180         Section 3. Section 561.37, Florida Statutes, is amended to
  181  read:
  182         561.37 Bond for payment of taxes.—Each manufacturer and
  183  each distributor shall file with the division a surety bond
  184  acceptable to the division in the sum of $25,000 as surety for
  185  the payment of all taxes, provided, however, that when in the
  186  discretion of the division the amount of business done by the
  187  manufacturer or distributor is of such volume that a bond of
  188  less than $25,000 will be adequate to secure the payment of all
  189  taxes assessed or authorized by the Beverage Law, the division
  190  may accept a bond in a lesser sum than $25,000, but in no event
  191  shall it accept a bond of less than $10,000, and it may at any
  192  time in its discretion require any bond in an amount less than
  193  $25,000 to be increased so as not to exceed $25,000; provided,
  194  however, that the amount of bond required for a brewer shall be
  195  $5,000 $20,000, except that where, in the discretion of the
  196  division, the amount of business done by the brewer is of such
  197  volume that a bond of less than $5,000 $20,000 will be adequate
  198  to secure the payment of all taxes assessed or authorized by the
  199  Beverage Law, the division may accept a bond in a lesser sum
  200  than $5,000 $20,000, but in no event shall it accept a bond of
  201  less than $2,500 $10,000, and it may at any time in its
  202  discretion require any bond in an amount less than $5,000
  203  $20,000 to be increased so as not to exceed $5,000 $20,000;
  204  provided further that the amount of the bond required for a wine
  205  or wine and cordial manufacturer shall be $5,000, except that,
  206  in the case of a manufacturer engaged solely in the experimental
  207  manufacture of wines and cordials from Florida products, where
  208  in the discretion of the division the amount of business done by
  209  such manufacturer is of such volume that a bond of less than
  210  $5,000 will be adequate to secure the payment of all taxes
  211  assessed or authorized by the Beverage Law, the division may
  212  accept a bond in a lesser sum than $5,000, but in no event shall
  213  it accept a bond of less than $1,000 and it may at any time in
  214  its discretion require a bond in an amount less than $5,000 to
  215  be increased so as not to exceed $5,000; provided, further, that
  216  the amount of bond required for a distributor who sells only
  217  beverages containing not more than 4.007 percent of alcohol by
  218  volume, in counties where the sale of intoxicating liquors,
  219  wines, and beers is prohibited, and to distributors who sell
  220  only beverages containing not more than 17.259 percent of
  221  alcohol by volume and wines regardless of alcoholic content, in
  222  counties where the sale of intoxicating liquors, wines, and
  223  beers is permitted, shall file with the division a surety bond
  224  acceptable to the division in the sum of $25,000, as surety for
  225  the payment of all taxes; provided, however, that where in the
  226  discretion of the division the amount of business done by such
  227  distributor is of such volume that a bond of less than $25,000
  228  will be adequate to secure the payment of all taxes assessed or
  229  authorized by the Beverage Law the division may accept a bond in
  230  a less sum than $25,000 but in no event shall it accept a bond
  231  less than $1,000 and it may at any time in its discretion
  232  require any bond in an amount less than $25,000 to be increased
  233  so as not to exceed $25,000; provided, further, that the amount
  234  of bond required for a distributor in a county having a
  235  population of 15,000 or less who procures a license by which his
  236  or her sales are restricted to distributors and vendors who have
  237  obtained licenses in the same county, shall be $5,000.
  238         Section 4. Subsection (1) of section 561.5101, Florida
  239  Statutes, is amended to read:
  240         561.5101 Come-to-rest requirement; exceptions; penalties.—
  241         (1) For purposes of inspection and tax-revenue control, all
  242  malt beverages, except those manufactured and sold pursuant to
  243  s. 561.221(2) or (3) s. 561.221(3), must come to rest at the
  244  licensed premises of an alcoholic beverage wholesaler in this
  245  state before being sold to a vendor by the wholesaler. The
  246  prohibition contained in this subsection does not apply to the
  247  shipment of malt beverages commonly known as private labels. The
  248  prohibition contained in this subsection does shall not prevent
  249  a manufacturer from shipping malt beverages for storage at a
  250  bonded warehouse facility if, provided that such malt beverages
  251  are distributed as provided in this subsection or to an out-of
  252  state entity.
  253         Section 5. Subsections (1) and (3) of section 562.34,
  254  Florida Statutes, are amended to read:
  255         562.34 Containers; seizure and forfeiture.—
  256         (1) A It shall be unlawful for any person may not to have
  257  in her or his possession, custody, or control any cans, jugs,
  258  jars, bottles, or vessels, or any other type of containers that
  259  which are being used, are intended to be used, or are known by
  260  the possessor to have been used to bottle or package alcoholic
  261  beverages.; however, This subsection does provision shall not
  262  apply to a any person properly licensed to bottle or package
  263  such alcoholic beverages, a or to any person intending to
  264  dispose of such containers to a person, firm, or corporation
  265  properly licensed to bottle or package such alcoholic beverages,
  266  or a person that has in her or his possession a growler.
  267         (3) A It shall be unlawful for any person may not to
  268  transport any cans, jugs, jars, bottles, or vessels, or any
  269  other type of containers intended to be used to bottle or
  270  package alcoholic beverages.; however, This subsection does
  271  section shall not apply to a any firm or corporation holding a
  272  license to manufacture or distribute such alcoholic beverages, a
  273  and shall not apply to any person transporting such containers
  274  to a any person, firm, or corporation holding a license to
  275  manufacture or distribute such alcoholic beverages, or a person
  276  transporting a growler.
  277         Section 6. Subsection (14) of section 563.022, Florida
  278  Statutes, is reenacted and amended to read:
  279         563.022 Relations between beer distributors and
  280  manufacturers.—
  281         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  282         (a) This subsection applies to:
  283         1. A manufacturer;
  284         2. An Any officer, director, agent, or employee of a
  285  manufacturer; or
  286         3. An affiliate of a any manufacturer, regardless of
  287  whether the affiliation is corporate or by management,
  288  direction, or control.
  289         (b) Except as provided in paragraph (c), an no entity or
  290  person specified in paragraph (a) may not have an interest in
  291  the license, business, assets, or corporate stock of a licensed
  292  distributor and may not nor shall such entity sell directly to a
  293  any vendor in this state other than a vendor to vendors who are
  294  licensed pursuant to s. 561.221(2).
  295         (c) An Any entity or person specified described in
  296  paragraph (a) may financially assist a proposed distributor in
  297  acquiring ownership of the distributorship through participation
  298  in a limited partnership arrangement in which the entity or
  299  person specified described in paragraph (a) is a limited partner
  300  and the proposed distributor seeking to acquire ownership of the
  301  distributorship is the general partner. Such a limited
  302  partnership arrangement arrangements may exist for up to no
  303  longer than 8 years from its their creation and may shall not be
  304  extended or renewed by means of a transfer of full ownership to
  305  an entity or person specified described in paragraph (a)
  306  followed by the creation of a new limited partnership or by any
  307  other means. In any such arrangement for financial assistance,
  308  the federal basic permit and distributor’s license issued by the
  309  division shall be issued in the name of the distributor and not
  310  in the name of an entity or person specified described in
  311  paragraph (a). If, after the creation of a limited partnership
  312  pursuant to this paragraph, an entity or person specified
  313  described in paragraph (a) acquires title to the distributorship
  314  that which was the subject of the limited partnership, the
  315  entity or person specified described in paragraph (a) shall
  316  divest itself of the distributorship within 180 days, and the
  317  distributorship shall be ineligible for limited partnership
  318  financing for 20 years thereafter. An No entity or person
  319  specified described in paragraph (a) may not shall enter into a
  320  limited partnership arrangement with a licensed distributor
  321  whose distributorship existed and was operated before prior to
  322  the creation of such limited partnership arrangement.
  323         (d) Nothing in The Beverage Law does not shall be construed
  324  to prohibit a manufacturer from shipping products to or between
  325  its breweries without a distributor’s license.
  326         (e) Notwithstanding the provisions of paragraph (b), an any
  327  entity or person specified named in paragraph (a) may have an
  328  interest in the license, business, assets, or corporate stock of
  329  a licensed distributor for a maximum of 180 consecutive days as
  330  the result of a judgment of foreclosure against the distributor
  331  or for 180 consecutive days after acquiring title pursuant to
  332  the written request of the licensed distributor. Under either of
  333  these circumstances, manufacturer ownership of an interest in
  334  the license, business, assets, or corporate stock of a licensed
  335  distributor may shall only be for 180 days and only for the
  336  purpose of facilitating an orderly transfer of the
  337  distributorship to an owner not affiliated with a manufacturer.
  338         (f) Notwithstanding the provisions of paragraph (b), an any
  339  entity or person specified named in paragraph (a) may have a
  340  security interest in the inventory or property of its licensed
  341  distributors to secure payment for that said inventory or other
  342  loans for other purposes.
  343         Section 7. Section 563.06, Florida Statutes, is amended to
  344  read:
  345         563.06 Malt beverages; imprint on individual container;
  346  size of containers; growlers; exemptions.—
  347         (1) On and after October 1, 1959, all taxable malt
  348  beverages packaged in individual containers possessed by any
  349  person in the state for the purpose of sale or resale in the
  350  state, except operators of railroads, sleeping cars, steamships,
  351  buses, and airplanes engaged in interstate commerce and licensed
  352  under this section, shall have imprinted thereon in clearly
  353  legible fashion by any permanent method the word “Florida” or
  354  “FL” and no other state name or abbreviation of any state name
  355  in not less than 8-point type. The word “Florida” or “FL” shall
  356  appear first or last, if imprinted in conjunction with any
  357  manufacturer’s code. A facsimile of the imprinting and its
  358  location as it will appear on the individual container shall be
  359  submitted to the division for approval.
  360         (2) Nothing herein contained shall require such designation
  361  to be attached to individual containers of malt beverages which
  362  are transported through this state and which are not sold,
  363  delivered, or stored for sale therein, if transported in
  364  accordance with such rules and regulations as adopted by the
  365  division; nor shall this requirement apply to malt beverages
  366  packaged in individual containers and held on the premises of a
  367  brewer or bottler, which malt beverages are for sale and
  368  delivery to persons outside the state.
  369         (3) Possession by any person in the state, except as
  370  otherwise provided herein, of more than 4 1/2 gallons of malt
  371  beverages in individual containers which do not have the word
  372  “Florida” or “FL” as herein provided, shall be prima facie
  373  evidence that said malt beverage is possessed for the purpose of
  374  sale or resale.
  375         (4) Except as otherwise provided herein, any malt beverages
  376  in individual containers held or possessed in the state for the
  377  purpose of sale or resale within the state which do not bear the
  378  word “Florida” or “FL” thereon shall, at the direction of the
  379  division, be confiscated in accordance with the provisions of
  380  the Beverage Law.
  381         (5)(a) Nothing contained in this section shall require that
  382  malt beverages packaged in individual containers and possessed
  383  by any person in the state for purposes of sale or resale in the
  384  state have imprinted thereon the word “Florida” or “FL” if the
  385  manufacturer of the malt beverages can establish before the
  386  division that the manufacturer has a tracking system in place,
  387  by use of code or otherwise, which enables the manufacturer,
  388  with at least 85 percent reliability by July 1, 1996, and 90
  389  percent reliability by January 1, 2000, to identify the
  390  following:
  391         1. The place where individual containers of malt beverages
  392  were produced;
  393         2. The state into which the individual containers of malt
  394  beverages were shipped; and
  395         3. The individual distributors within the state which
  396  received the individual containers of malt beverages.
  397         (b) Prior to shipping individual containers of malt
  398  beverages into the state which do not have the word “Florida” or
  399  “FL” imprinted thereon, the manufacturer must file an
  400  application with the division to claim the exemption contained
  401  herein and must obtain approval from the division to ship
  402  individual containers of malt beverages into the state which do
  403  not have the word “Florida” or “FL” imprinted thereon.
  404  Information furnished by the manufacturer to establish the
  405  criteria contained within paragraph (a) may be subject to an
  406  annual audit and verification by the division. The division may
  407  revoke an approved exemption if the manufacturer refuses to
  408  furnish the information required in paragraph (a) upon request
  409  of the division, or if the manufacturer fails to permit a
  410  subsequent verification audit, or if the manufacturer fails to
  411  fully cooperate with the division during the conducting of an
  412  audit.
  413         (c) When a distributor has information that malt beverages
  414  may have been shipped into Florida on which payment of Florida
  415  excise taxes has not been made, such information may be provided
  416  to the division and the division shall investigate to ascertain
  417  whether any violations of Florida law have occurred.
  418         (6) All malt beverages packaged in individual containers
  419  sold or offered for sale by vendors at retail in this state,
  420  except for malt beverages sold in growlers pursuant to s.
  421  563.061, must shall be in individual containers containing no
  422  more than 32 ounces of such malt beverages.; provided, however,
  423  that nothing contained in This section does not shall affect
  424  malt beverages packaged in bulk or in kegs or in barrels or in
  425  any individual container containing 1 gallon or more of such
  426  malt beverage regardless of individual container type.
  427         (7) Any person, firm, or corporation, its agents, officers
  428  or employees, violating any of the provisions of this section,
  429  shall be guilty of a misdemeanor of the first degree, punishable
  430  as provided in s. 775.082 or s. 775.083; and the license, if
  431  any, shall be subject to revocation or suspension by the
  432  division.
  433         Section 8. Section 563.061, Florida Statutes, is created to
  434  read:
  435         563.061 Malt beverages; filling or refilling of growlers.—
  436         (1) The filling or refilling of a growler is limited to:
  437         (a) A manufacturer of malt beverages who holds a valid
  438  vendor’s license pursuant to s. 561.221(2) if the growler is
  439  filled or refilled with malt beverages manufactured on the
  440  licensed premises for sale for off-premises consumption to
  441  consumers in a face-to-face transaction on the licensed
  442  premises;
  443         (b) A vendor holding a quota license under ss. 561.20(1)
  444  and 565.02(1)(a) with malt beverages authorized under that
  445  license for sale for off-premises consumption to consumers in a
  446  face-to-face transaction on the licensed premises; or
  447         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
  448  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f) which authorizes
  449  consumption of malt beverages on the premises, unless such
  450  license restricts the consumption of malt beverages to the
  451  premises only.
  452         (2) The growler must have an unbroken seal, or its contents
  453  must be incapable of being immediately consumed.
  454         (3) The growler must be clearly labeled as containing an
  455  alcoholic beverage and provide the name of the manufacturer, the
  456  brand, the volume, the percentage of alcohol by volume, and the
  457  required federal health warning notice for alcoholic beverages.
  458  If a growler being refilled has an existing label or other
  459  identifying mark of a manufacturer or brand from a prior filling
  460  or refilling, that label must be covered sufficiently to
  461  indicate the manufacturer and brand of the malt beverage being
  462  placed in the container at that refilling.
  463         (4) The growler must be clean before being filled or
  464  refilled.
  465         (5) A licensee authorized to fill and refill growlers may
  466  not use growlers for purposes of distribution or sale outside
  467  the manufacturer’s or vendor’s licensed premises, except as
  468  authorized under this subsection and s. 561.221(2).
  469         Section 9. If any provision of this act or its application
  470  to any person or circumstance is held invalid, the invalidity
  471  does not affect other provisions or applications of the act
  472  which can be given effect without the invalid provision or
  473  application, and to this end the provisions of this act are
  474  severable.
  475         Section 10. This act shall take effect July 1, 2014.