| 1 | A bill to be entitled | 
| 2 | An act relating to the Beverage Law; creating s. 561.585,  | 
| 3 | F.S.; authorizing certain direct shipments of wine;  | 
| 4 | requiring licensure of winery shippers; providing  | 
| 5 | requirements for licensure; providing prohibitions;  | 
| 6 | requiring that a winery shipper licensee file a surety  | 
| 7 | bond with the Division of Alcoholic Beverages and Tobacco  | 
| 8 | of the Department of Business and Professional Regulation;  | 
| 9 | requiring that each container of wine shipped directly be  | 
| 10 | labeled with a notice; requiring monthly reports by winery  | 
| 11 | shipper licensees; providing limitations on the amount of  | 
| 12 | wine a winery shipper may ship or cause to be shipped;  | 
| 13 | limiting the size of wine containers; limiting the amount  | 
| 14 | of wine a purchaser can purchase or cause to be shipped;  | 
| 15 | providing age requirements for those receiving direct  | 
| 16 | shipments of wine; providing a defense to certain actions;  | 
| 17 | requiring the collection, remittance, and payment of  | 
| 18 | certain taxes by direct shippers; requiring certain  | 
| 19 | proceeds from discretionary sales surtaxes to be deposited  | 
| 20 | into an account in the Discretionary Sales Surtax Clearing  | 
| 21 | Trust Fund; requiring that winery shippers maintain  | 
| 22 | certain records for a certain time period; providing for  | 
| 23 | jurisdiction; providing penalties; amending s. 561.14,  | 
| 24 | F.S.; classifying the winery shipper license; amending s.  | 
| 25 | 561.54, F.S.; removing a provision requiring that the  | 
| 26 | licensee be aggrieved by a violation involving prohibited  | 
| 27 | delivery from without the state to have standing to bring  | 
| 28 | an action; exempting from such prohibition shipment of  | 
| 29 | wine by a winery shipper licensee; amending s. 561.545,  | 
| 30 | F.S.; exempting applicability of the prohibition against  | 
| 31 | direct shipment of alcoholic beverages to the shipment of  | 
| 32 | wine by a winery shipper licensee; amending s. 561.57,  | 
| 33 | F.S.; providing that Internet orders shall be construed as  | 
| 34 | telephone orders; exempting common carriers, licensees, or  | 
| 35 | other persons utilizing common carriers as their agents  | 
| 36 | from certain report filing requirements; requiring common  | 
| 37 | carriers to verify the age of persons receiving shipments;  | 
| 38 | providing a defense to certain actions; providing criteria  | 
| 39 | for the defense; amending s. 599.004, F.S.; revising  | 
| 40 | qualifications for the certification of Florida Farm  | 
| 41 | Wineries; amending s. 561.24, F.S.; revising an effective  | 
| 42 | date; authorizing certain manufacturers of wine holding a  | 
| 43 | distributor's license to renew such license; removing  | 
| 44 | exemption of Florida Farm Wineries from prohibition  | 
| 45 | against manufacturer being licensed as distributor or  | 
| 46 | registered as exporter; providing for severability;  | 
| 47 | providing for nonimpairment of contracts; providing for  | 
| 48 | rulemaking authority; authorizing additional positions;  | 
| 49 | providing appropriations; providing an effective date. | 
| 50 | 
  | 
| 51 | Be It Enacted by the Legislature of the State of Florida: | 
| 52 | 
  | 
| 53 |      Section 1.  Section 561.585, Florida Statutes, is created  | 
| 54 | to read: | 
| 55 |      561.585  Direct shipment of wine for personal  | 
| 56 | consumption.-- | 
| 57 |      (1)  WINERY SHIPPER LICENSURE REQUIREMENTS.-- | 
| 58 |      (a)  Wineries shall not ship or cause to be shipped any  | 
| 59 | wine to individual consumers in this state unless licensed under  | 
| 60 | this section. Notwithstanding any provision of the Beverage Law  | 
| 61 | or any rule to the contrary, a person, firm, corporation, or  | 
| 62 | other entity that is licensed as a winery shipper under this  | 
| 63 | section may ship wine directly to any person who is at least 21  | 
| 64 | years of age for personal use only and not for resale. To obtain  | 
| 65 | or renew a winery shipper's license, an applicant must: | 
| 66 |      1.  File an application with the division on forms  | 
| 67 | prescribed by the division. | 
| 68 |      2.  Qualify for licensure under ss. 561.15 and 561.17 or  | 
| 69 | provide a true copy of a certification from the alcoholic  | 
| 70 | beverage licensing authority of the Federal Government, or the  | 
| 71 | state in which the winery is located, with license  | 
| 72 | qualifications and procedures for that winery license that  | 
| 73 | include, at a minimum, the following components: | 
| 74 |      a.  Fingerprinting of applicants. | 
| 75 |      b.  Disqualification for applicants under 21 years of age. | 
| 76 |      c.  Disqualification for applicants convicted of the  | 
| 77 | following: | 
| 78 |      (I)  Within the past 5 years, any violation of the beverage  | 
| 79 | laws of this state, the United States, or any other state; | 
| 80 |      (II)  Within the past 15 years, any felony in this state or  | 
| 81 | any other state of the United States; or | 
| 82 |      (III)  Any criminal violation of the controlled substance  | 
| 83 | act of this state, the United States, or any other state. | 
| 84 |      3.  Obtain and maintain a current license as a primary  | 
| 85 | American source of supply as provided in s. 564.045. | 
| 86 |      4.  Provide to the division a true copy of its current wine  | 
| 87 | manufacturer's license issued by this state or another state and  | 
| 88 | a true copy of its current federal basic permit as a wine  | 
| 89 | producer issued in accordance with the Federal Alcohol  | 
| 90 | Administration Act. | 
| 91 |      5.  Manufacture no more than 250,000 gallons of wine per  | 
| 92 | year. | 
| 93 |      6.  Pay an annual license fee in the amount of $250. | 
| 94 |      7.  File with the division a surety bond acceptable to the  | 
| 95 | division in the sum of $5,000 as surety for the payment of all  | 
| 96 | taxes provided that when, at the discretion of the division, the  | 
| 97 | amount of business done by the winery shipper licensee is such  | 
| 98 | volume that a bond of less than $5,000 will be adequate, the  | 
| 99 | division may accept a bond in a lesser sum but not less than  | 
| 100 | $1,000. The surety bond currently on file with the division for  | 
| 101 | a winery pursuant to s. 561.37 is deemed to comply with this  | 
| 102 | requirement. Upon written request of the winery shipper, the  | 
| 103 | division shall review the total tax liability to the state by  | 
| 104 | the winery shipper and reduce the bond to 110 percent of the  | 
| 105 | prior year's total tax liability as a licensee under this  | 
| 106 | section but not less than $1,000. | 
| 107 |      (b)  Applicants under this section may obtain a temporary  | 
| 108 | initial license as authorized in s. 561.181. | 
| 109 |      (c)  The division may not issue an initial license under  | 
| 110 | this section if the applicant is owned by a winery that  | 
| 111 | manufactures more than 250,000 gallons of wine annually. | 
| 112 |      (d)  Winery shipper licensees may not ship or cause to be  | 
| 113 | shipped more than 18 cases of wine per calendar year to one  | 
| 114 | adult individual. For purposes of this section, a case is  | 
| 115 | defined as a container or containers that contain no more than  | 
| 116 | 9,000 milliliters of wine. | 
| 117 |      (e)  Licensees shall comply with s. 564.05, which limits  | 
| 118 | the size of wine containers. | 
| 119 |      (f)  Purchasers shall not purchase or cause to be shipped  | 
| 120 | more than 18 cases of wine per calendar year to any adult  | 
| 121 | individual. | 
| 122 |      (2)  LABEL.--Each winery shipper licensee shall ensure that  | 
| 123 | the outside shipping label on each package is conspicuous and  | 
| 124 | includes the following components: | 
| 125 |      (a)  This package contains alcohol. | 
| 126 |      (b)  An adult signature is required. | 
| 127 |      (c)  The recipient must be at least 21 years of age. | 
| 128 |      (3)  SIGNATURE.-- | 
| 129 |      (a)  Each winery shipper licensee and common carrier shall  | 
| 130 | require, prior to delivery, that the signature of the addressee  | 
| 131 | or other person at least 21 years of age is obtained after  | 
| 132 | presentation of a valid driver's license, an identification card  | 
| 133 | issued under the provisions of s. 322.051, or, if the person is  | 
| 134 | physically handicapped, a comparable identification card issued  | 
| 135 | by another state which indicates the person's age, a passport,  | 
| 136 | or a United States Uniformed Services identification card. | 
| 137 |      (b)  A winery shipper licensee or common carrier who  | 
| 138 | violates this subsection shall have a complete defense to any  | 
| 139 | civil action therefor, except for any administrative action by  | 
| 140 | the division, if, at the time the alcoholic beverage was sold,  | 
| 141 | given, delivered, or transferred, the person falsely evidenced  | 
| 142 | that he or she was of legal age to purchase or consume the  | 
| 143 | alcoholic beverage and the appearance of the person was such  | 
| 144 | that an ordinarily prudent person would believe him or her to be  | 
| 145 | of legal age to purchase or consume the alcoholic beverage and  | 
| 146 | if the winery shipper licensee or common carrier acted in good  | 
| 147 | faith and in reliance upon the representation and appearance of  | 
| 148 | the person in the belief that he or she was of legal age to  | 
| 149 | purchase or consume the alcoholic beverage and carefully checked  | 
| 150 | one of the following forms of identification with respect to the  | 
| 151 | person: a valid driver's license, an identification card issued  | 
| 152 | under the provisions of s. 322.051, or, if the person is  | 
| 153 | physically handicapped, a comparable identification card issued  | 
| 154 | by another state which indicates the person's age, a passport,  | 
| 155 | or a United States Uniformed Services identification card. | 
| 156 |      (4)  MONTHLY REPORT.-- | 
| 157 |      (a)  Each winery shipper licensee shall report monthly to  | 
| 158 | the division on forms prescribed by the division: | 
| 159 |      1.  Whether any wine product was shipped into or within  | 
| 160 | this state under this section during the preceding month. | 
| 161 |      2.  The total amount of wine shipped into or within this  | 
| 162 | state under this section during the preceding month. | 
| 163 |      3.  The quantity and types of wine shipped into or within  | 
| 164 | this state under this section during the preceding month. | 
| 165 |      4.  The amount of excise tax paid to the division for  | 
| 166 | shipments of wine into or within this state under this section  | 
| 167 | during the preceding month. | 
| 168 |      (b)  The report required by this subsection is not required  | 
| 169 | from a winery shipper licensee who files a monthly report  | 
| 170 | pursuant to s. 561.55 that contains all the information required  | 
| 171 | in paragraph (a). The division is authorized to prescribe the  | 
| 172 | format for submission of this information in order that  | 
| 173 | duplicate filings are eliminated. | 
| 174 |      (5)  TAXES.-- | 
| 175 |      (a)  Each winery shipper licensee shall collect and remit  | 
| 176 | monthly to the Department of Revenue all sales taxes and pay to  | 
| 177 | the division all excise taxes due on sales to persons in this  | 
| 178 | state for the preceding month. Notwithstanding s. 212.0596, the  | 
| 179 | amount of such taxes shall be calculated as if the sale took  | 
| 180 | place at the location where the delivery occurred in this state.  | 
| 181 | The proceeds of the discretionary sales surtaxes imposed under  | 
| 182 | s. 212.055 shall be deposited into an account in the  | 
| 183 | Discretionary Sales Surtax Clearing Trust Fund described in s.  | 
| 184 | 212.054(4)(c) and distributed as provided therein. | 
| 185 |      (b)  Each winery shipper licensee shall maintain for at  | 
| 186 | least 3 years after the date of delivery records of its  | 
| 187 | shipments into or within this state pursuant to this section,  | 
| 188 | including the names, addresses, amounts, and dates of all  | 
| 189 | shipments to persons in this state, and shall allow the  | 
| 190 | Department of Revenue or the division, upon request, to perform  | 
| 191 | an audit of such records. | 
| 192 |      (c)  The cost of performing an audit under paragraph (b)  | 
| 193 | shall be assigned to the agency requesting the audit unless the  | 
| 194 | winery shipper licensee is found to be in material violation of  | 
| 195 | this subsection, in which case the cost of the audit shall be  | 
| 196 | assigned to the licensee. | 
| 197 |      (6)  JURISDICTION.--Each winery shipper licensee is deemed  | 
| 198 | to have consented to the jurisdiction of the division or any  | 
| 199 | other state agency or local law enforcement agency and the  | 
| 200 | courts of this state concerning enforcement of this section and  | 
| 201 | any related laws or rules. | 
| 202 |      (7)  PENALTIES.-- | 
| 203 |      (a)  In addition to any other penalty provided in the  | 
| 204 | Beverage Law, the division may suspend or revoke a winery  | 
| 205 | shipper license or impose fines on the winery shipper licensee  | 
| 206 | in an amount not to exceed $1,000 per violation for any  | 
| 207 | violation of this section. | 
| 208 |      (b)  A winery shipper licensee that knowingly and  | 
| 209 | intentionally ships, or causes to be shipped, wine to any person  | 
| 210 | in this state who is under 21 years of age commits a felony of  | 
| 211 | the third degree, punishable as provided in s. 775.082, s.  | 
| 212 | 775.083, or s. 775.084. | 
| 213 |      (c)  Any common carrier, permit carrier, or other  | 
| 214 | commercial conveyance that knowingly and intentionally delivers  | 
| 215 | wine directly to any person in this state who is under 21 years  | 
| 216 | of age commits a misdemeanor of the second degree, punishable as  | 
| 217 | provided in s. 775.082 or s. 775.083. | 
| 218 |      (d)  A person who knowingly and intentionally obtains wine  | 
| 219 | from a winery shipper licensee in violation of this section  | 
| 220 | commits a misdemeanor of the second degree, punishable as  | 
| 221 | provided in s. 775.082 or s. 775.083. | 
| 222 |      Section 2.  Subsection (8) is added to section 561.14,  | 
| 223 | Florida Statutes, to read: | 
| 224 |      561.14  License and registration classification.--Licenses  | 
| 225 | and registrations referred to in the Beverage Law shall be  | 
| 226 | classified as follows: | 
| 227 |      (8)  Wineries licensed as winery shippers under s. 561.585. | 
| 228 |      Section 3.  Section 561.54, Florida Statutes, is amended to  | 
| 229 | read: | 
| 230 |      561.54  Certain deliveries of beverages prohibited.-- | 
| 231 |      (1)  It is unlawful for common or permit carriers,  | 
| 232 | operators of privately owned cars, trucks, buses, or other  | 
| 233 | conveyances or out-of-state manufacturers or suppliers to make  | 
| 234 | delivery from without the state of any alcoholic beverage to any  | 
| 235 | person, association of persons, or corporation within the state,  | 
| 236 | except to qualified manufacturers, distributors, and exporters  | 
| 237 | of such beverages so delivered and to qualified bonded  | 
| 238 | warehouses in this state. | 
| 239 |      (2)  Any licensee aggrieved by a violation of this section  | 
| 240 | may bring an action in any court of competent jurisdiction to  | 
| 241 | recover for the state all moneys obtained by common carriers or  | 
| 242 | permit carriers; obtained by operators of privately owned cars,  | 
| 243 | trucks, buses, or other conveyances; or obtained by out-of-state  | 
| 244 | manufacturers or suppliers as a result of the delivery of  | 
| 245 | alcoholic beverages in violation of this section, and may obtain  | 
| 246 | a declaratory judgment that an act or practice violates this  | 
| 247 | section and enjoin any person from violating this section. In  | 
| 248 | addition to such relief, the court may order the confiscation  | 
| 249 | and destruction of any alcoholic beverages delivered in  | 
| 250 | violation of this section. In assessing damages, the court shall  | 
| 251 | enter judgment against a defendant for three times the amount of  | 
| 252 | the delivery charges proved or the fair market value of  | 
| 253 | merchandise unlawfully brought into the state. Payment or  | 
| 254 | satisfaction of any judgment under this section, other than for  | 
| 255 | costs and attorney's fees, shall be made in its entirety to the  | 
| 256 | state. In any successful action under this section, the court  | 
| 257 | shall award the plaintiff costs and reasonable attorney's fees. | 
| 258 |      (3)  This section does not apply to the shipment of wine by  | 
| 259 | a winery shipper licensee to a person who is at least 21 years  | 
| 260 | of age in accordance with s. 561.585. | 
| 261 |      Section 4.  Section 561.545, Florida Statutes, is amended  | 
| 262 | to read: | 
| 263 |      561.545  Certain shipments of beverages prohibited;  | 
| 264 | penalties; exceptions.--The Legislature finds that the direct  | 
| 265 | shipment of alcoholic beverages by persons in the business of  | 
| 266 | selling alcoholic beverages to residents of this state in  | 
| 267 | violation of the Beverage Law poses a serious threat to the  | 
| 268 | public health, safety, and welfare; to state revenue  | 
| 269 | collections; and to the economy of the state. The Legislature  | 
| 270 | further finds that the penalties for illegal direct shipment of  | 
| 271 | alcoholic beverages to residents of this state should be made  | 
| 272 | adequate to ensure compliance with the Beverage Law and that the  | 
| 273 | measures provided for in this section are fully consistent with  | 
| 274 | the powers conferred upon the state by the Twenty-first  | 
| 275 | Amendment to the United States Constitution. | 
| 276 |      (1)  Any person in the business of selling alcoholic  | 
| 277 | beverages who knowingly and intentionally ships, or causes to be  | 
| 278 | shipped, any alcoholic beverage from an out-of-state location  | 
| 279 | directly to any person in this state who does not hold a valid  | 
| 280 | manufacturer's or wholesaler's license or exporter's  | 
| 281 | registration issued by the Division of Alcoholic Beverages and  | 
| 282 | Tobacco or who is not a state-bonded warehouse is in violation  | 
| 283 | of this section. | 
| 284 |      (2)  Any common carrier or permit carrier or any operator  | 
| 285 | of a privately owned car, truck, bus, or other conveyance who  | 
| 286 | knowingly and intentionally transports any alcoholic beverage  | 
| 287 | from an out-of-state location directly to any person in this  | 
| 288 | state who does not hold a valid manufacturer's or wholesaler's  | 
| 289 | license or exporter's registration or who is not a state-bonded  | 
| 290 | warehouse is in violation of this section. | 
| 291 |      (3)  Any person found by the division to be in violation of  | 
| 292 | subsection (1) shall be issued a notice, by certified mail, to  | 
| 293 | show cause why a cease and desist order should not be issued.  | 
| 294 | Any person who violates subsection (1) within 2 years after  | 
| 295 | receiving a cease and desist order or within 2 years after a  | 
| 296 | prior conviction for violating subsection (1) commits a felony  | 
| 297 | of the third degree, punishable as provided in s. 775.082, s.  | 
| 298 | 775.083, or s. 775.084. | 
| 299 |      (4)  Any common carrier or permit carrier, or any operator  | 
| 300 | of a privately owned car, truck, bus, or other conveyance found  | 
| 301 | by the division to be in violation of subsection (2) as a result  | 
| 302 | of a second or subsequent delivery from the same source and  | 
| 303 | location, within a 2-year period after the first delivery shall  | 
| 304 | be issued a notice, by certified mail, to show cause why a cease  | 
| 305 | and desist order should not be issued. Any person who violates  | 
| 306 | subsection (2) within 2 years after receiving the cease and  | 
| 307 | desist order or within 2 years after a prior conviction for  | 
| 308 | violating subsection (2) commits a felony of the third degree,  | 
| 309 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 310 |      (5)  This section does not apply to: | 
| 311 |      (a)  The direct shipment of sacramental alcoholic beverages  | 
| 312 | to bona fide religious organizations as authorized by the  | 
| 313 | division; | 
| 314 |      (b)  The or to possession of alcoholic beverages in  | 
| 315 | accordance with s. 562.15(2); or | 
| 316 |      (c)  The shipment of wine in accordance with s. 561.585. | 
| 317 |      Section 5.  Subsections (1) and (6) of section 561.57,  | 
| 318 | Florida Statutes, are amended to read: | 
| 319 |      561.57  Deliveries by licensees.-- | 
| 320 |      (1)  Vendors shall be permitted to make deliveries away  | 
| 321 | from their places of business of sales actually made at the  | 
| 322 | licensed place of business; provided, telephone or mail orders  | 
| 323 | received at vendor's licensed place of business shall be  | 
| 324 | construed as a sale actually made at the vendor's licensed place  | 
| 325 | of business. For purposes of this section, Internet orders shall  | 
| 326 | be construed as telephone orders. | 
| 327 |      (6)  Common carriers are not required to have vehicle  | 
| 328 | permits to transport alcoholic beverages. Nothing in this  | 
| 329 | section shall prohibit any licensee from utilizing a common  | 
| 330 | carrier as his or her agent to make deliveries of alcoholic  | 
| 331 | beverages within the state. Deliveries of alcoholic beverages by  | 
| 332 | licensees or common carriers utilized by licensees under this  | 
| 333 | section are exempt from the report filing requirements in s.  | 
| 334 | 562.20. All common carriers making deliveries under this section  | 
| 335 | shall verify that any person receiving alcoholic beverages is at  | 
| 336 | least 21 years of age upon the delivery of such alcoholic  | 
| 337 | beverages, as prescribed in division rules. Compliance with the  | 
| 338 | prescribed age verification measures in s. 561.585(3) shall give  | 
| 339 | the common carrier and the licensee a complete defense to any  | 
| 340 | civil action thereof, except for any administrative action by  | 
| 341 | the division, if, at the time the alcoholic beverage was sold,  | 
| 342 | given, delivered, or transferred, the person falsely evidenced  | 
| 343 | that he or she was of legal age to purchase or consume the  | 
| 344 | alcoholic beverage and the appearance of the person was such  | 
| 345 | that an ordinarily prudent person would believe him or her to be  | 
| 346 | of legal age to purchase or consume the alcoholic beverage and  | 
| 347 | if the licensee or common carrier acted in good faith and in  | 
| 348 | reliance upon the representation and appearance of the person in  | 
| 349 | the belief that he or she was of legal age to purchase or  | 
| 350 | consume the alcoholic beverage and carefully checked one of the  | 
| 351 | following forms of identification with respect to the person: a  | 
| 352 | valid driver's license, an identification card issued under the  | 
| 353 | provisions of s. 322.051, or, if the person is physically  | 
| 354 | handicapped, a comparable identification card issued by another  | 
| 355 | state which indicates the person's age, a passport, or a United  | 
| 356 | States Uniformed Services identification card. | 
| 357 |      Section 6.  Subsection (1) of section 599.004, Florida  | 
| 358 | Statutes, is amended to read: | 
| 359 |      599.004  Florida Farm Winery Program; registration; logo;  | 
| 360 | fees.-- | 
| 361 |      (1)  The Florida Farm Winery Program is established within  | 
| 362 | the Department of Agriculture and Consumer Services. Under this  | 
| 363 | program, a winery may qualify as a tourist attraction only if it  | 
| 364 | is registered with and certified by the department as a Florida  | 
| 365 | Farm Winery. A winery may not claim to be certified unless it  | 
| 366 | has received written approval from the department. | 
| 367 |      (a)  To qualify as a certified Florida Farm Winery, a  | 
| 368 | winery shall meet the following standards: | 
| 369 |      1.  Produce or sell less than 250,000 gallons of wine  | 
| 370 | annually of which 60 percent of wine produced shall be made from  | 
| 371 | this state's agricultural products. The Commissioner of  | 
| 372 | Agriculture may waive this requirement in times of hardship. | 
| 373 |      2.  Maintain a minimum of 10 acres of owned or managed  | 
| 374 | vineyards in Florida. | 
| 375 |      3.  Be open to the public for tours, tastings, and sales at  | 
| 376 | least 30 hours each week. | 
| 377 |      4.  Make annual application to the department for  | 
| 378 | recognition as a Florida Farm Winery, on forms provided by the  | 
| 379 | department. | 
| 380 |      5.  Pay an annual application and registration fee of $100. | 
| 381 |      (b)  To maintain certification and recognition as a Florida  | 
| 382 | Farm Winery, a winery must comply with the qualifications  | 
| 383 | provided in this section. The Commissioner of Agriculture is  | 
| 384 | authorized to officially recognize a certified Florida Farm  | 
| 385 | Winery as a state tourist attraction. | 
| 386 |      Section 7.  Subsection (5) of section 561.24, Florida  | 
| 387 | Statutes, is amended to read: | 
| 388 |      561.24  Licensing manufacturers as distributors or  | 
| 389 | registered exporters prohibited; procedure for issuance and  | 
| 390 | renewal of distributors' licenses and exporters'  | 
| 391 | registrations.-- | 
| 392 |      (5)  Notwithstanding any of the provisions of the foregoing  | 
| 393 | subsections, any corporation which holds a license as a  | 
| 394 | distributor on June 3, 1947, shall be entitled to a renewal  | 
| 395 | thereof, provided such corporation complies with all of the  | 
| 396 | provisions of the Beverage Law of Florida, as amended, and of  | 
| 397 | this section and establishes by satisfactory evidence to the  | 
| 398 | division that, during the 6-month period next preceding its  | 
| 399 | application for such renewal, of the total volume of its sales  | 
| 400 | of spirituous liquors, in either dollars or quantity, not more  | 
| 401 | than 40 percent of such spirituous liquors sold by it, in either  | 
| 402 | dollars or quantity, were manufactured, rectified, or distilled  | 
| 403 | by any corporation with which the applicant is affiliated,  | 
| 404 | directly or indirectly, including any corporation which owns or  | 
| 405 | controls in any way any stock in the applicant corporation or  | 
| 406 | any corporation which is a subsidiary or affiliate of the  | 
| 407 | corporation so owning stock in the applicant corporation. Any  | 
| 408 | manufacturer of wine holding a license as a distributor on July  | 
| 409 | 1, 2006, the effective date of this act shall be entitled to a  | 
| 410 | renewal of such license notwithstanding the provisions of  | 
| 411 | subsections (1)-(5). This section does not apply to any winery  | 
| 412 | qualifying as a certified Florida Farm Winery under s. 599.004. | 
| 413 |      Section 8.  Should any portion of this act be held  | 
| 414 | unconstitutional, it is the intent of the Legislature that the  | 
| 415 | courts disturb only as much of the regulatory system of this  | 
| 416 | state as is necessary to enforce the United States Constitution. | 
| 417 |      Section 9.  Notwithstanding the provisions of s. 561.585,  | 
| 418 | Florida Statutes, contracts not otherwise prohibited by the  | 
| 419 | Beverage Law shall not be impaired. | 
| 420 |      Section 10.  The Division of Alcoholic Beverages and  | 
| 421 | Tobacco of the Department of Business and Professional  | 
| 422 | Regulation and the Department of Revenue may adopt rules  | 
| 423 | pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to  | 
| 424 | implement and administer this act. | 
| 425 |      Section 11.  For fiscal year 2006-2007, six full-time  | 
| 426 | equivalent positions are authorized, and the sums of $484,096 in  | 
| 427 | recurring funds and $41,944 in nonrecurring funds from the  | 
| 428 | Alcoholic Beverage and Tobacco Trust Fund of the Department of  | 
| 429 | Business and Professional Regulation are hereby appropriated  | 
| 430 | within a qualified expenditure category for the purpose of  | 
| 431 | carrying out regulatory activities provided in this act. In  | 
| 432 | addition, for fiscal year 2006-2007, two full-time equivalent  | 
| 433 | positions, with associated salary rate of 76,129, are  | 
| 434 | authorized, and the sums of $127,340 in recurring funds and  | 
| 435 | $10,486 in nonrecurring funds from the Administrative Trust Fund  | 
| 436 | of the Department of Business and Professional Regulation are  | 
| 437 | hereby appropriated for the purpose of carrying out central- | 
| 438 | service administrative support functions related to the  | 
| 439 | regulatory activities provided in this act. | 
| 440 |      Section 12.  This act shall take effect upon becoming a  | 
| 441 | law. |