Florida Senate - 2014                      CS for CS for SB 1714
       
       
        
       By the Committees on Rules; Community Affairs; and Regulated
       Industries
       
       
       
       
       595-04448-14                                          20141714c2
    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; defining the term
    9         “licensee”; providing legislative intent; amending s.
   10         561.37, F.S.; revising bond requirements for brewers;
   11         amending s. 561.42, F.S.; authorizing distributors of
   12         malt beverages to clean certain drafting equipment and
   13         counter-pressure devices at no charge; specifying that
   14         counter-pressure and other growler-filling devices are
   15         not drafting equipment and tapping accessories for
   16         certain purposes; amending s. 561.5101, F.S.; adding
   17         an exception to the come-to-rest requirement;
   18         specifying what constitutes coming to rest at a
   19         distributor’s licensed premises; providing penalties;
   20         reenacting and amending s. 563.022(14), F.S., relating
   21         to prohibited interests between a manufacturer and a
   22         distributor of malt beverages, to incorporate the
   23         amendments made to s. 561.221(2), F.S., in a reference
   24         thereto; revising provisions relating to shipment of
   25         products to or between breweries; amending s. 563.06,
   26         F.S.; revising provisions relating to the sale of malt
   27         beverages at retail in containers of specified sizes,
   28         to conform to changes made by the act; creating s.
   29         563.061, F.S.; providing requirements for and
   30         limitations on the filling, refilling, and sale or
   31         distribution of growlers; reenacting s. 561.11(1),
   32         F.S., relating to authority of the Division of
   33         Alcoholic Beverages and Tobacco of the Department of
   34         Business and Professional Regulation to adopt rules to
   35         implement the Beverage Law, to incorporate the
   36         amendments made to the Beverage Law by this act for
   37         such purpose; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 561.221, Florida Statutes, is amended to
   42  read:
   43         561.221 Licensing of manufacturers and distributors as
   44  vendors and of vendors as manufacturers; exceptions, conditions,
   45  and limitations.—
   46         (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
   47  other provision of the Beverage Law prohibits the ownership,
   48  management, operation, or control of not more than three
   49  vendor’s licenses for the sale of alcoholic beverages by a
   50  manufacturer of wine who is licensed and engaged in the
   51  manufacture of wine in this state, even if such manufacturer is
   52  also licensed as a distributor; provided that no such vendor’s
   53  license shall be owned, managed, operated, or controlled by any
   54  licensed manufacturer of wine unless the licensed premises of
   55  the vendor are situated on property contiguous to the
   56  manufacturing premises of the licensed manufacturer of wine.
   57         (b) The Division of Alcoholic Beverages and Tobacco shall
   58  issue permits to a certified Florida Farm Winery to conduct
   59  tasting and sales of wine produced by certified Florida Farm
   60  Wineries at Florida fairs, trade shows, expositions, and
   61  festivals. The certified Florida Farm Winery shall pay all entry
   62  fees and shall have a winery representative present during the
   63  event. The permit is limited to the length of the event.
   64         (2)(a)Notwithstanding s. 561.22, s. 561.42, or any other
   65  provision of the Beverage Law, the division may is authorized to
   66  issue a single vendor’s license licenses to, or renew any valid,
   67  active vendor’s license previously issued to, a manufacturer of
   68  malt beverages, even if the such manufacturer is also licensed
   69  as a distributor, for the sale of alcoholic beverages on
   70  property consisting of a single complex. The, which property
   71  must shall include a brewery and such other structures which
   72  promote the brewery and the tourist industry of the state.
   73  However, such property may be divided by no more than one public
   74  street or highway.
   75         (b) A manufacturer licensed as a vendor under this
   76  subsection may sell alcoholic beverages under its vendor’s
   77  license as follows:
   78         1. Malt beverages manufactured on the licensed premises
   79  for:
   80         a. On-premises consumption, which must be served through a
   81  tap or spigot as draft beer; or
   82         b. Off-premises consumption in growlers pursuant to s.
   83  563.061. However, if the amount of malt beverages the
   84  manufacturer brews on the licensed premises does not exceed
   85  2,000 kegs per year, as defined in subsection (3), the
   86  manufacturer may sell those malt beverages in sealed containers,
   87  as authorized under s. 563.06 and its vendor’s license, only for
   88  off-premises consumption.
   89         2. Any other malt beverages, for on-premises consumption
   90  only, as authorized under its vendor’s license, which must be
   91  obtained through a distributor and served through a tap or
   92  spigot as draft beer.
   93         3. Any wine or liquor, for on-premises consumption only, as
   94  authorized under its vendor’s license.
   95         (c) Notwithstanding subparagraph (b)2., a manufacturer
   96  holding its vendor’s license under this subsection as a quota
   97  licensee pursuant to s. 565.02(1) may also sell malt beverages
   98  brewed off the licensed premises, for off-premises consumption,
   99  in sealed containers as authorized under s. 563.06 and its
  100  vendor’s license, only if the premises was licensed under s.
  101  565.02(1) on or before March 1, 2014. A quota license
  102  authorizing sales of malt beverages for off-premises consumption
  103  under this paragraph may not be moved or transferred to another
  104  location where malt beverages are brewed. All malt beverages
  105  sold under this paragraph, including those owned in whole or in
  106  part by the manufacturer but brewed offsite on premises other
  107  than the licensed manufacturing premises at that brewery site,
  108  must be obtained through a licensed distributor that is not also
  109  a licensed manufacturer.
  110         (d) Notwithstanding subparagraph (b)3., a manufacturer
  111  holding its vendor’s license under this subsection as a quota
  112  licensee pursuant to s. 565.02(1) may also sell such alcoholic
  113  beverages, for off-premises consumption, in sealed containers as
  114  authorized under its vendor’s license, only if the premises was
  115  licensed under s. 565.02(1) on or before March 1, 2014. A quota
  116  license authorizing sales of alcoholic beverages for off
  117  premises consumption under this paragraph may not be moved or
  118  transferred to another location where malt beverages are brewed.
  119         (e) Notwithstanding s. 561.57(1), the delivery of any such
  120  sealed container or growler off the vendor’s licensed premises,
  121  whether by common or premises carrier or by an operator of a
  122  privately owned car, truck, bus, or other conveyance, is
  123  prohibited. In addition, a consumer or other person may not
  124  arrange for the delivery off the licensed manufacturing premises
  125  to the consumer of any such sealed container or growler from a
  126  vendor licensed under this subsection, whether by common or
  127  premises carrier or by an operator of a privately owned car,
  128  truck, bus, or other conveyance. However, this paragraph does
  129  not prohibit a consumer from taking the sealed container or
  130  growler, purchased by the consumer from a manufacturer licenses
  131  as a vendor under this subsection, from the vendor’s licensed
  132  premises to another location by a privately owned car, truck,
  133  bus, or other conveyance. All sales of malt beverages under sub
  134  subparagraph (b)1.b. in growlers for off-premises consumption
  135  are for personal use only and not for resale.
  136         (f) A manufacturer licensed as a vendor under this
  137  subsection is responsible for applicable reports pursuant to ss.
  138  561.50 and 561.55 with respect to the amount of malt beverages
  139  sold or given to consumers on the licensed premises each month
  140  and must pay the applicable excise taxes to the division by the
  141  10th day of each month for the previous month.
  142         (g) A manufacturer licensed as a vendor under this
  143  subsection may hold a permanent food service license at the
  144  licensed premises.
  145         (h) This subsection is a limited exception to ss. 561.22
  146  and 561.42. Except as specifically provided in this subsection
  147  to permit a manufacturer of malt beverages to also be licensed
  148  as a vendor, a manufacturer of malt beverages is subject to the
  149  restrictions in ss. 561.22 and 561.42.
  150         (3)(a) Notwithstanding s. 561.22, s. 561.42, or any other
  151  provision provisions of the Beverage Law, a any vendor licensed
  152  in this state may be licensed as a manufacturer of malt
  153  beverages if the vendor satisfies the requirements of this
  154  subsection. upon a finding by the division that:
  155         (a) The division may issue a license if it finds that all
  156  of the following conditions are met:
  157         1. The vendor will be engaged in brewing malt beverages at
  158  a single licensed premises location and in an amount that which
  159  will not exceed 10,000 kegs per year. As used in For purposes of
  160  this subparagraph subsection, the term “keg” means 15.5 gallons.
  161         2. The malt beverages so brewed will be sold to consumers
  162  only for consumption on the vendor’s licensed premises or on
  163  contiguous licensed premises owned or leased by the vendor.
  164         3. The applicant holds a permanent food service license.
  165         (b) A licensee may sell the following alcoholic beverages,
  166  which may be sold only in face-to-face transactions with
  167  consumers and only for on-premises consumption:
  168         1. Malt beverages that are manufactured on the licensed
  169  premises.
  170         2. Malt beverages that are manufactured by other
  171  manufacturers purchased from a distributor as authorized under
  172  its vendor’s license.
  173         3. Wine or liquor purchased from a distributor as
  174  authorized under its vendor’s license.
  175         (c) A licensee may not:
  176         1. Ship malt beverages to or between licensed premises
  177  owned by the licensee. A licensee is not a manufacturer for the
  178  purposes of s. 563.022(14).
  179         2. Distribute or sell malt beverages off the licensed
  180  premises.
  181         (d)(b)A licensee is Any vendor which is also licensed as a
  182  manufacturer of malt beverages pursuant to this subsection shall
  183  be responsible for applicable reports pursuant to ss. 561.50 and
  184  561.55 with respect to the amount of beverage manufactured each
  185  month and must shall pay the applicable excise taxes thereon to
  186  the division by the 10th day of each month for the previous
  187  month.
  188         (e)(c) A It shall be unlawful for any licensed distributor
  189  of malt beverages or an any officer, agent, or other
  190  representative thereof may not to discourage or prohibit a
  191  licensee any vendor licensed as a manufacturer under this
  192  subsection from offering malt beverages brewed for consumption
  193  on the licensed premises of the vendor.
  194         (f)(d) A It shall be unlawful for any manufacturer of malt
  195  beverages or an any officer, agent, or other representative
  196  thereof may not to take any action to discourage or prohibit a
  197  any distributor of the manufacturer’s product from distributing
  198  such product to a licensee licensed vendor which is also
  199  licensed as a manufacturer of malt beverages pursuant to this
  200  subsection.
  201         (g) As used in this subsection, the term “licensee” means a
  202  vendor licensed as a manufacturer of malt beverages pursuant to
  203  this subsection.
  204         (4) The Legislature intends that the provisions relating to
  205  the sale of malt beverages by a malt beverage manufacturer
  206  licensed as a vendor pursuant to subsection (2) and the
  207  operation of a vendor licensed as a manufacturer pursuant to
  208  subsection (3) constitute limited exceptions to the Beverage Law
  209  with respect to the otherwise mutually exclusive licensing of
  210  manufacturers and vendors. Any action not specifically
  211  authorized in subsections (2) and (3) is prohibited unless
  212  otherwise authorized under the Beverage Law.
  213         Section 2. Section 561.37, Florida Statutes, is amended to
  214  read:
  215         561.37 Bond for payment of taxes.—
  216         (1) Each manufacturer and each distributor must shall file
  217  with the division a surety bond acceptable to the division in
  218  the amount sum of $25,000 as surety for the payment of all
  219  taxes., provided, However, if that when in the discretion of the
  220  division the amount of business done by the manufacturer or
  221  distributor is of such volume that a bond in an amount of less
  222  than $25,000 will be adequate to secure the payment of all taxes
  223  assessed or authorized by the Beverage Law, the division may
  224  accept a bond in an amount of less a lesser sum than $25,000,
  225  but not in no event shall it accept a bond of less than $10,000,
  226  and it may at any time in its discretion require any bond in an
  227  amount less of than $25,000 to be increased so as not to exceed
  228  $25,000.; provided, however, that
  229         (2) Notwithstanding subsection (1), the amount of bond
  230  required under this section for:
  231         (a) A brewer is $5,000 shall be $20,000, except that if
  232  where, in the discretion of the division, the amount of business
  233  done by the brewer is of such volume that a bond in an amount of
  234  less than $5,000 $20,000 will be adequate to secure the payment
  235  of all taxes assessed or authorized by the Beverage Law, the
  236  division may accept a bond in an amount of less a lesser sum
  237  than $5,000 $20,000, but not in no event shall it accept a bond
  238  of less than $2,500 $10,000, and it may at any time in its
  239  discretion require any bond in an amount of less than $5,000
  240  $20,000 to be increased so as not to exceed $5,000. $20,000;
  241  provided further that the amount of the bond required for
  242         (b) A wine or wine and cordial manufacturer is shall be
  243  $5,000. However, except that, in the case of a manufacturer
  244  engaged solely in the experimental manufacture of wines and
  245  cordials from Florida products, if where in the discretion of
  246  the division the amount of business done by such a manufacturer
  247  is of such volume that a bond in an amount of less than $5,000
  248  will be adequate to secure the payment of all taxes assessed or
  249  authorized by the Beverage Law, the division may accept a bond
  250  in an amount of less a lesser sum than $5,000, but not in no
  251  event shall it accept a bond of less than $1,000, and it may at
  252  any time in its discretion require a bond in an amount of less
  253  than $5,000 to be increased so as not to exceed $5,000.;
  254  provided, further, that the amount of bond required for
  255         (c) A distributor who sells only beverages containing not
  256  more than 4.007 percent of alcohol by volume, in counties where
  257  the sale of intoxicating liquors, wines, and beers is
  258  prohibited, or a distributor and to distributors who sells sell
  259  only beverages containing not more than 17.259 percent of
  260  alcohol by volume and wines regardless of alcoholic content, in
  261  counties where the sale of intoxicating liquors, wines, and
  262  beers is permitted, is shall file with the division a surety
  263  bond acceptable to the division in the sum of $25,000., as
  264  surety for the payment of all taxes; provided, However, if that
  265  where in the discretion of the division the amount of business
  266  done by such a distributor is of such volume that a bond in an
  267  amount of less than $25,000 will be adequate to secure the
  268  payment of all taxes assessed or authorized by the Beverage Law,
  269  the division may accept a bond in an amount of a less sum than
  270  $25,000, but not in no event shall it accept a bond less than
  271  $1,000, and it may at any time in its discretion require any
  272  bond in an amount of less than $25,000 to be increased so as not
  273  to exceed $25,000.; provided, further, that the amount of bond
  274  required for
  275         (d) A distributor in a county having a population of 15,000
  276  or less who procures a license by which his or her sales are
  277  restricted to distributors and vendors who have obtained
  278  licenses in the same county is, shall be $5,000.
  279         Section 3. Subsection (14) of section 561.42, Florida
  280  Statutes, is amended to read:
  281         561.42 Tied house evil; financial aid and assistance to
  282  vendor by manufacturer, distributor, importer, primary American
  283  source of supply, brand owner or registrant, or any broker,
  284  sales agent, or sales person thereof, prohibited; procedure for
  285  enforcement; exception.—
  286         (14) The division shall adopt reasonable rules governing
  287  promotional displays and advertising, which rules may shall not
  288  conflict with or be more stringent than the federal regulations
  289  pertaining to such promotional displays and advertising
  290  furnished to vendors by distributors, manufacturers, importers,
  291  primary American sources of supply, or brand owners or
  292  registrants, or any broker, sales agent, or sales person
  293  thereof; however:
  294         (a) If a manufacturer, distributor, importer, brand owner,
  295  or brand registrant of malt beverage, or any broker, sales
  296  agent, or sales person thereof, provides a vendor with
  297  expendable retailer advertising specialties such as trays,
  298  coasters, mats, menu cards, napkins, cups, glasses,
  299  thermometers, and the like, such items may shall be sold only at
  300  a price not less than the actual cost to the industry member who
  301  initially purchased them, without limitation in total dollar
  302  value of such items sold to a vendor.
  303         (b) Without limitation in total dollar value of such items
  304  provided to a vendor, a manufacturer, distributor, importer,
  305  brand owner, or brand registrant of malt beverage, or any
  306  broker, sales agent, or sales person thereof, may rent, loan
  307  without charge for an indefinite duration, or sell durable
  308  retailer advertising specialties such as clocks, pool table
  309  lights, and the like, which bear advertising matter.
  310         (c) If a manufacturer, distributor, importer, brand owner,
  311  or brand registrant of malt beverage, or any broker, sales
  312  agent, or sales person thereof, provides a vendor with consumer
  313  advertising specialties such as ashtrays, T-shirts, bottle
  314  openers, shopping bags, and the like, such items may shall be
  315  sold only at a price not less than the actual cost to the
  316  industry member who initially purchased them, and but may be
  317  sold without limitation in total value of such items sold to a
  318  vendor.
  319         (d) A manufacturer, distributor, importer, brand owner, or
  320  brand registrant of malt beverage, or any broker, sales agent,
  321  or sales person thereof, may provide consumer advertising
  322  specialties described in paragraph (c) to consumers on any
  323  vendor’s licensed premises.
  324         (e) A manufacturer Manufacturers, distributor distributors,
  325  importer importers, brand owner owners, or brand registrant
  326  registrants of malt beverages beer, and any broker, sales agent,
  327  or sales person thereof, may shall not conduct any sampling
  328  activity activities that includes the include tasting of a their
  329  product of any such entity or person at a vendor’s premises
  330  licensed for off-premises sales only.
  331         (f) A manufacturer Manufacturers, distributor distributors,
  332  importer importers, brand owner owners, or brand registrant
  333  registrants of malt beverages beer, and any broker, sales agent,
  334  or sales person thereof, may shall not engage in cooperative
  335  advertising with a vendor vendors.
  336         (g) A distributor Distributors of malt beverages beer may
  337  sell to a vendor vendors draft equipment and tapping accessories
  338  at a price not less than the cost to the industry member who
  339  initially purchased them, except there is no required charge,
  340  and the a distributor may exchange any parts that which are not
  341  compatible with a competitor’s system and are necessary to
  342  dispense the distributor’s brands. A distributor of malt
  343  beverages beer may furnish to a vendor at no charge replacement
  344  parts of nominal intrinsic value, including, but not limited to,
  345  washers, gaskets, tail pieces, hoses, hose connections, clamps,
  346  plungers, and tap markers. To ensure quality control, a
  347  distributor of malt beverages may, at no charge to a vendor,
  348  clean draft equipment and counter-pressure devices that use or
  349  dispense a malt beverage that the distributor sold to the
  350  vendor. Counter-pressure and other growler-filling devices are
  351  not draft equipment or tapping accessories for purposes of this
  352  paragraph.
  353         Section 4. Section 561.5101, Florida Statutes, is amended
  354  to read:
  355         561.5101 Come-to-rest requirement; exceptions; penalties.—
  356         (1) For purposes of inspection and tax-revenue control, all
  357  malt beverages, except those manufactured on and sold at the
  358  brewery or vendor pursuant to s. 561.221(2) or (3) s.
  359  561.221(3), must come to rest at the licensed premises of an
  360  alcoholic beverage distributor wholesaler in this state before
  361  being sold to a vendor by the distributor wholesaler. A malt
  362  beverage is considered to have come to rest under this
  363  subsection only if it has been unloaded in its entirety from the
  364  transport vehicle and placed in the distributor’s warehouse
  365  inventory. The prohibition contained in this subsection does not
  366  apply to the shipment of malt beverages commonly known as
  367  private labels. The prohibition contained in this subsection
  368  does shall not prevent a manufacturer from shipping malt
  369  beverages for storage at a bonded warehouse facility, if the
  370  provided that such malt beverages are distributed as provided in
  371  this subsection or to an out-of-state entity.
  372         (2) A Any person who is in the business of selling
  373  alcoholic beverages and who knowingly and intentionally sells
  374  malt beverages in a manner inconsistent with the requirements of
  375  subsection (1), whether to a vendor or to an ultimate consumer,
  376  commits a felony of the third degree, punishable as provided in
  377  s. 775.082, s. 775.083, or s. 775.084.
  378         Section 5. For the purpose of incorporating the amendment
  379  made by this act to section 561.221(2), Florida Statutes, in
  380  reference thereto, subsection (14) of section 563.022, Florida
  381  Statutes, is reenacted and amended to read:
  382         563.022 Relations between beer distributors and
  383  manufacturers.—
  384         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  385         (a) This subsection applies to:
  386         1. A manufacturer;
  387         2. An Any officer, director, agent, or employee of a
  388  manufacturer; or
  389         3. An affiliate of a any manufacturer, regardless of
  390  whether the affiliation is corporate or by management,
  391  direction, or control.
  392         (b) Except as provided in paragraph (c), an no entity or
  393  person specified in paragraph (a) may not have an interest in
  394  the license, business, assets, or corporate stock of a licensed
  395  distributor and may not nor shall such entity sell directly to a
  396  any vendor in this state other than a vendor to vendors who are
  397  licensed pursuant to s. 561.221(2).
  398         (c) An Any entity or person specified described in
  399  paragraph (a) may financially assist a proposed distributor in
  400  acquiring ownership of the distributorship through participation
  401  in a limited partnership arrangement in which the entity or
  402  person specified described in paragraph (a) is a limited partner
  403  and the proposed distributor seeking to acquire ownership of the
  404  distributorship is the general partner. Such a limited
  405  partnership arrangement arrangements may exist for no longer
  406  than 8 years from its their creation and may shall not be
  407  extended or renewed by means of a transfer of full ownership to
  408  an entity or person specified described in paragraph (a)
  409  followed by the creation of a new limited partnership or by any
  410  other means. In any such arrangement for financial assistance,
  411  the federal basic permit and distributor’s license issued by the
  412  division shall be issued in the name of the distributor and not
  413  in the name of an entity or person specified described in
  414  paragraph (a). If, after the creation of a limited partnership
  415  pursuant to this paragraph, an entity or person specified
  416  described in paragraph (a) acquires title to the distributorship
  417  that which was the subject of the limited partnership, the
  418  entity or person specified described in paragraph (a) shall
  419  divest itself of the distributorship within 180 days, and the
  420  distributorship shall be ineligible for limited partnership
  421  financing for 20 years thereafter. An No entity or person
  422  specified described in paragraph (a) may not shall enter into a
  423  limited partnership arrangement with a licensed distributor
  424  whose distributorship existed and was operated before prior to
  425  the creation of such limited partnership arrangement.
  426         (d) Nothing in The Beverage Law does not shall be construed
  427  to prohibit a manufacturer from shipping products to or between
  428  its breweries without a distributor’s license. The preceding
  429  sentence does not exempt a manufacturer from the come-to-rest
  430  requirement of s. 561.5101(1) for products shipped to or between
  431  its breweries for sale under a vendor license issued to the
  432  manufacturer pursuant to s. 562.221(2).
  433         (e) Notwithstanding the provisions of paragraph (b), an any
  434  entity or person specified named in paragraph (a) may have an
  435  interest in the license, business, assets, or corporate stock of
  436  a licensed distributor for a maximum of 180 consecutive days as
  437  the result of a judgment of foreclosure against the distributor
  438  or for 180 consecutive days after acquiring title pursuant to
  439  the written request of the licensed distributor. Under either of
  440  these circumstances, manufacturer ownership of an interest in
  441  the license, business, assets, or corporate stock of a licensed
  442  distributor may shall only be for 180 days and only for the
  443  purpose of facilitating an orderly transfer of the
  444  distributorship to an owner not affiliated with a manufacturer.
  445         (f) Notwithstanding the provisions of paragraph (b), an any
  446  entity or person specified named in paragraph (a) may have a
  447  security interest in the inventory or property of its licensed
  448  distributors to secure payment for that said inventory or other
  449  loans for other purposes.
  450         Section 6. Section 563.06, Florida Statutes, is amended to
  451  read:
  452         563.06 Malt beverages; imprint on individual container;
  453  size of containers; growlers; exemptions.—
  454         (1) On and after October 1, 1959, All taxable malt
  455  beverages packaged in individual containers possessed by any
  456  person in the state for the purpose of sale or resale in the
  457  state, except operators of railroads, sleeping cars, steamships,
  458  buses, and airplanes engaged in interstate commerce and licensed
  459  under this section, must shall have imprinted thereon in clearly
  460  legible fashion by any permanent method the word “Florida” or
  461  “FL” and no other state name or abbreviation of any state name
  462  in not less than 8-point type. The word “Florida” or “FL” shall
  463  appear first or last, if imprinted in conjunction with any
  464  manufacturer’s code. A facsimile of the imprinting and its
  465  location as it will appear on the individual container must
  466  shall be submitted to the division for approval.
  467         (2) Nothing herein contained shall require such designation
  468  to be attached to individual containers of malt beverages which
  469  are transported through this state and which are not sold,
  470  delivered, or stored for sale therein, if transported in
  471  accordance with such rules and regulations as adopted by the
  472  division; nor shall this requirement apply to malt beverages
  473  packaged in individual containers and held on the premises of a
  474  brewer or bottler, which malt beverages are for sale and
  475  delivery to persons outside the state.
  476         (3) Possession by any person in the state, except as
  477  otherwise provided herein, of more than 4 1/2 gallons of malt
  478  beverages in individual containers which do not have the word
  479  “Florida” or “FL” as herein provided, shall be prima facie
  480  evidence that said malt beverage is possessed for the purpose of
  481  sale or resale.
  482         (4) Except as otherwise provided herein, any malt beverages
  483  in individual containers held or possessed in the state for the
  484  purpose of sale or resale within the state which do not bear the
  485  word “Florida” or “FL” thereon shall, at the direction of the
  486  division, be confiscated in accordance with the provisions of
  487  the Beverage Law.
  488         (5)(a) Nothing contained in this section shall require that
  489  malt beverages packaged in individual containers and possessed
  490  by any person in the state for purposes of sale or resale in the
  491  state have imprinted thereon the word “Florida” or “FL” if the
  492  manufacturer of the malt beverages can establish before the
  493  division that the manufacturer has a tracking system in place,
  494  by use of code or otherwise, which enables the manufacturer,
  495  with at least 85 percent reliability by July 1, 1996, and 90
  496  percent reliability by January 1, 2000, to identify the
  497  following:
  498         1. The place where individual containers of malt beverages
  499  were produced;
  500         2. The state into which the individual containers of malt
  501  beverages were shipped; and
  502         3. The individual distributors within the state which
  503  received the individual containers of malt beverages.
  504         (b) Prior to shipping individual containers of malt
  505  beverages into the state which do not have the word “Florida” or
  506  “FL” imprinted thereon, the manufacturer must file an
  507  application with the division to claim the exemption contained
  508  herein and must obtain approval from the division to ship
  509  individual containers of malt beverages into the state which do
  510  not have the word “Florida” or “FL” imprinted thereon.
  511  Information furnished by the manufacturer to establish the
  512  criteria contained within paragraph (a) may be subject to an
  513  annual audit and verification by the division. The division may
  514  revoke an approved exemption if the manufacturer refuses to
  515  furnish the information required in paragraph (a) upon request
  516  of the division, or if the manufacturer fails to permit a
  517  subsequent verification audit, or if the manufacturer fails to
  518  fully cooperate with the division during the conducting of an
  519  audit.
  520         (c) When a distributor has information that malt beverages
  521  may have been shipped into Florida on which payment of Florida
  522  excise taxes has not been made, such information may be provided
  523  to the division and the division shall investigate to ascertain
  524  whether any violations of Florida law have occurred.
  525         (6) All malt beverages packaged in individual containers
  526  sold or offered for sale by vendors at retail in this state,
  527  except for malt beverages authorized to be sold in growlers
  528  pursuant to s. 563.061, must shall be in individual containers
  529  containing no more than 32 ounces of such malt beverages.;
  530  provided, however, that nothing contained in
  531         (7) This section does not shall affect malt beverages
  532  packaged in bulk, or in kegs or in barrels, or in any individual
  533  container containing 1 gallon or more of such malt beverage
  534  regardless of individual container type.
  535         (8)(7)A Any person, firm, or corporation, or any of its
  536  agents, officers or employees, that violates violating any of
  537  the provisions of this section commits, shall be guilty of a
  538  misdemeanor of the first degree, punishable as provided in s.
  539  775.082 or s. 775.083; and the license, if any, is shall be
  540  subject to revocation or suspension by the division.
  541         Section 7. Section 563.061, Florida Statutes, is created to
  542  read:
  543         563.061 Malt beverages; filling or refilling of growlers.—
  544         (1) “Growler” means a refillable container that is made of
  545  glass, ceramic, metal, or similar leak-proof material and is
  546  designed to contain a carbonated malt beverage in a capacity of
  547  32 ounces, 64 ounces, or 128 ounces.
  548         (2) The filling or refilling of a growler shall be in
  549  response to an order, in a face-to-face transaction, only for
  550  off-premises consumption. The growler must be filled with a malt
  551  beverage and sealed on the premises at or immediately before or
  552  after the time of sale.
  553         (3) The filling or refilling of a growler is limited to:
  554         (a) A manufacturer of malt beverages who holds a valid
  555  vendor’s license pursuant to s. 561.221(2);
  556         (b) A vendor holding a quota license under ss. 561.20(1)
  557  and 565.02(1)(a) with the sale of malt beverages authorized
  558  under that license; or
  559         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
  560  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless the license
  561  restricts the sale of malt beverages only for consumption on the
  562  licensed premises.
  563         (4) The growler must have an unbroken seal or be incapable
  564  of being immediately consumed.
  565         (5) The growler must be clearly labeled as containing an
  566  alcoholic beverage and provide the name of the manufacturer, the
  567  brand, the volume, the percentage of alcohol by volume, and the
  568  required federal health warning notice for alcoholic beverages.
  569  If a growler being refilled has an existing label or other
  570  identifying mark of a manufacturer or brand from a prior filling
  571  or refilling, that label must be covered sufficiently to
  572  indicate the manufacturer and brand of the malt beverage being
  573  placed in the container at that refilling.
  574         (6) The growler must be clean before filling or refilling.
  575         (7) The vendor filling or refilling a growler must leave
  576  sufficient space to allow for expansion of the contents due to
  577  changes in temperature or pressure that can reasonably be
  578  anticipated and that would otherwise result in leakage or other
  579  failure of the growler to contain the malt beverage.
  580         (8) A licensee authorized to fill and refill growlers may
  581  not use them for purposes of distribution or sale off the
  582  manufacturer’s or vendor’s licensed premises, except as
  583  authorized under this section and s. 561.221(2).
  584         Section 8. For the purpose of incorporating the amendments
  585  made by this act to the Beverage Law, subsection (1) of section
  586  561.11, Florida Statutes, is reenacted to read:
  587         561.11 Power and authority of division.—
  588         (1) The division has authority to adopt rules pursuant to
  589  ss. 120.536(1) and 120.54 to implement the provisions of the
  590  Beverage Law.
  591         Section 9. This act shall take effect July 1, 2014.