Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 822
       
       
       
       
       
       
                                Ì306370ÄÎ306370                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/11/2018           .                                
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       The Committee on Regulated Industries (Steube) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete line 22
    4  and insert:
    5         (1) A No manufacturer, distributor, importer, primary
    6  American source of supply, or brand owner or registrant of any
    7  of the beverages herein referred to, whether licensed or
    8  operating in this state or out-of-state, nor any broker, sales
    9  agent, or sales person thereof, may not shall have any financial
   10  interest, directly or indirectly, in the establishment or
   11  business of any vendor licensed under the Beverage Law; nor may
   12  shall such manufacturer, distributor, importer, primary American
   13  source of supply, brand owner or brand registrant, or any
   14  broker, sales agent, or sales person thereof, directly or
   15  indirectly assist any vendor by furnishing, selling, renting,
   16  lending, buying for, or giving to any vendor any vehicles,
   17  equipment, furniture, fixtures, signs, supplies, credit, money,
   18  fees of any kind, advertising or cooperative advertising,
   19  services, any gifts or loans of money or property of any
   20  description, or by the giving of any rebates of any kind
   21  whatsoever. A No licensed vendor may not shall accept, directly
   22  or indirectly, any vehicles, equipment, furniture, fixtures,
   23  signs, supplies, credit, money, fees of any kind, advertising or
   24  cooperative advertising, services, any gifts or loans of money
   25  or property of any description, or any rebates of any kind
   26  whatsoever from any such manufacturer, distributor, importer,
   27  primary American source of supply, brand owner or brand
   28  registrant, or any broker, sales agent, or sales person thereof;
   29  provided, however, that this does not apply to any bottles,
   30  barrels, or other containers necessary for the legitimate
   31  transportation of such beverages or to advertising materials and
   32  does not apply to the extension of credit, for liquors sold,
   33  made strictly in compliance with the provisions of this section.
   34  A brand owner is a person who is not a manufacturer,
   35  distributor, importer, primary American source of supply, brand
   36  registrant, or broker, sales agent, or sales person thereof, but
   37  who directly or indirectly owns or controls any brand, brand
   38  name, or label of alcoholic beverage. Nothing in this section
   39  shall prohibit the ownership by vendors of any brand, brand
   40  name, or label of alcoholic beverage.
   41         (8) The division may adopt rules and require reports to
   42  enforce, and may impose administrative sanctions for any
   43  violation of, the limitations established in the Beverage Law on
   44  vehicles, equipment, furniture, fixtures, signs, supplies,
   45  credit, money, fees of any kind, advertising or cooperative
   46  advertising, services, this section on credits, coupons, and
   47  other forms of assistance.
   48         (11) A vendor may display in the interior of his or her
   49  licensed premises, including the window or windows thereof,
   50  neon, electric, or other signs, including window painting and
   51  decalcomanias applied to the surface of the interior or exterior
   52  of such windows, and posters, placards, and other advertising
   53  material advertising the brand or brands of alcoholic beverages
   54  sold by him or her, whether visible or not from the outside of
   55  the licensed premises, but no vendor shall display in the window
   56  or windows of his or her licensed premises more than one neon,
   57  electric, or similar sign, advertising the product of any one
   58  brand manufacturer.
   59         (12) Any manufacturer, distributor, importer, primary
   60  American source of supply, or brand owner or registrant, or any
   61  broker, sales agent, or sales person thereof, may give, lend,
   62  furnish, or sell to a vendor who sells the products of such
   63  manufacturer, distributor, importer, primary American source of
   64  supply, or brand owner or registrant any of the following: neon
   65  or electric signs, window painting and decalcomanias applied to
   66  the surface of the interior or exterior of windows, posters,
   67  placards, and other advertising material herein authorized to be
   68  used or displayed by the vendor in the interior of his or her
   69  licensed premises. The term decalcomania” means the transfer of
   70  design, engraving, or print onto glass.
   71         (13) If a manufacturer, distributor, importer, primary
   72  American source of supply, or brand owner or registrant of any
   73  of the beverages herein referred to, whether licensed or
   74  operating in this state or out-of-state, and any broker, sales
   75  agent, or sales person thereof, is a bona fide wholesaler of
   76  other merchandise to any vendor who wishes to purchase such
   77  merchandise, such manufacturer, distributor, importer, primary
   78  American source of supply, or brand owner or registrant may sell
   79  such merchandise to a vendor under the following conditions:
   80         (a) The cost of acquiring the merchandise is maintained in
   81  invoices and other records;
   82         (b) The merchandise is sold at a price not less than its
   83  cost or fair market value, whichever is less;
   84         (c) The merchandise is not sold in combination with
   85  alcoholic beverages;
   86         (d) The sale of the merchandise is separately itemized from
   87  the sale of alcoholic beverages;
   88         (e) The merchandise is not a refrigerator, chilling device,
   89  or dispensing equipment valued in excess of $500; and
   90         (f) The merchandise is not a vehicle, regardless of value.
   91         (15)(14) The division shall adopt reasonable rules
   92  governing promotional displays and advertising, which rules may
   93  not shall not conflict with or be more stringent than the
   94  federal regulations pertaining to such promotional displays and
   95  advertising furnished to vendors by distributors, manufacturers,
   96  importers, primary American sources of supply, or brand owners
   97  or registrants, or any sales agent or sales person thereof;
   98  however:
   99         (b) Without limitation in total dollar value of such items
  100  provided to a vendor, a manufacturer, distributor, importer,
  101  brand owner, or brand registrant of malt beverage, or any sales
  102  agent or sales person thereof, may rent, loan without charge for
  103  an indefinite duration, or sell durable retailer advertising
  104  specialties such as clocks, pool table lights, and the like,
  105  which bear advertising matter. If sold, such items may not be
  106  sold at a price less than the actual cost to the industry member
  107  who initially purchased the items.
  108         (16)(a) Notwithstanding any other provision of this
  109  
  110  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  111  And the directory clause is amended as follows:
  112         Delete lines 15 - 16
  113  and insert:
  114         Section 1. Present subsection (13) of section 561.42,
  115  Florida Statutes, is redesignated as subsection (14), a new
  116  subsection (13) and subsection (16) are added to that section,
  117  and subsections (1), (8), (11), and (12) and paragraph (b) of
  118  present subsection (14) of that section are amended, to read:
  119  
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete line 3
  123  and insert:
  124         561.42, F.S.; prohibiting certain entities and persons
  125         from directly or indirectly assisting any vendor in
  126         certain ways; prohibiting a licensed vendor from
  127         accepting certain items and services; authorizing the
  128         division to impose administrative sanctions for a
  129         violation of certain limitations established in the
  130         Beverage Law; prohibiting a vendor from displaying
  131         certain signs in the window or windows of his or her
  132         licensed premises; authorizing certain entities and
  133         persons to give, lend, furnish, or sell certain
  134         advertising material to certain vendors; defining the
  135         term “decalcomania”; authorizing certain entities and
  136         persons to sell certain merchandise to vendors under
  137         certain conditions; prohibiting certain entities and
  138         persons from selling certain items for a price less
  139         than the actual cost of the item; providing an
  140         exemption from provisions