Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1714
       
       
       
       
       
       
                                Ì4973060Î497306                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2014           .                                
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       The Committee on Rules (Gardiner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) and (3) of section 561.221,
    6  Florida Statutes, are amended, and subsection (4) is added to
    7  that section, to read:
    8         561.221 Licensing of manufacturers and distributors as
    9  vendors and of vendors as manufacturers; exceptions, conditions,
   10  and limitations.—
   11         (2)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   12  provision of the Beverage Law, the division may is authorized to
   13  issue a single vendor’s license vendor’s licenses to, or renew
   14  any valid, active vendor’s license previously issued to, a
   15  manufacturer of malt beverages, even if the such manufacturer is
   16  also licensed as a distributor, for the sale of alcoholic
   17  beverages on property consisting of a single complex. The, which
   18  property must include shall include a brewery and such other
   19  structures which promote the brewery and the tourist industry of
   20  the state. However, such property may be divided by no more than
   21  one public street or highway.
   22         (b) A manufacturer licensed as a vendor under this
   23  subsection may sell alcoholic beverages under its vendor’s
   24  license as follows:
   25         1. Malt beverages manufactured on the licensed premises
   26  for:
   27         a. On-premises consumption, which must be served through a
   28  tap or spigot as draft beer; or
   29         b. Off-premises consumption in growlers pursuant to
   30  s. 563.061. However, if the amount of malt beverages the
   31  manufacturer brews on the licensed premises does not exceed 2000
   32  kegs per year, as defined in subsection (3), the manufacturer
   33  may sell those malt beverages in sealed containers, as
   34  authorized under s. 563.060 and its vendor’s license, only for
   35  off-premises consumption.
   36         2. Any other malt beverages, for on-premises consumption
   37  only, as authorized under its vendor’s license, which must be
   38  obtained through a distributor and served through a tap or
   39  spigot as draft beer.
   40         3. Any wine or liquor, for on-premises consumption only, as
   41  authorized under its vendor’s license.
   42         (c) Notwithstanding subparagraph (b)2., a manufacturer
   43  holding its vendor’s license under this subsection as a quota
   44  licensee pursuant to s. 565.02(1) may also sell malt beverages
   45  brewed off the licensed premises, for off-premises consumption,
   46  in sealed containers as authorized under s. 563.06 and its
   47  vendor’s license, but only if the premises was licensed under
   48  s. 565.02(1) on or before March 1, 2014. A quota license
   49  authorizing sales of malt beverages for off-premises consumption
   50  under this subparagraph may not be moved or transferred to
   51  another location at which malt beverages are brewed. All malt
   52  beverages sold under this paragraph, including those owned in
   53  whole or in part by the manufacturer but brewed offsite on
   54  premises other than the licensed manufacturing premises at that
   55  brewery site, must be obtained through a licensed distributor
   56  that is not also a licensed manufacturer.
   57         (d) Notwithstanding subparagraph (b)3., a manufacturer
   58  holding its vendor’s license under this subsection as a quota
   59  licensee pursuant to s. 565.02(1) may also sell such alcoholic
   60  beverages, for off-premises consumption, in sealed containers as
   61  authorized under its vendor’s license, but only if the premises
   62  was licensed under s. 565.02(1) on or before March 1, 2014. A
   63  quota license authorizing sales of alcoholic beverages for off
   64  premises consumption under this paragraph may not be moved or
   65  transferred to another location at which malt beverages are
   66  brewed.
   67         (e) Notwithstanding s. 561.57(1), the delivery of any such
   68  sealed container or growler off the vendor’s licensed premises,
   69  whether by common or premises carrier or by an operator of a
   70  privately owned car, truck, bus, or other conveyance, is
   71  prohibited. In addition, a consumer or other person may not
   72  arrange for the delivery off the licensed manufacturing premises
   73  to the consumer of any such sealed container or growler from a
   74  vendor licensed under this subsection, whether by common or
   75  premises carrier or by an operator of a privately owned car,
   76  truck, bus, or other conveyance. However, this subparagraph does
   77  not prohibit a consumer from taking the sealed container or
   78  growler, purchased by the consumer from a manufacturer licenses
   79  as a vendor under this subsection, from the vendor’s licensed
   80  premises to another location by a privately owned car, truck,
   81  bus, or other conveyance. All sales of malt beverages under sub
   82  subparagraph (b)1.b. in growlers for off-premises consumption
   83  are for personal use only and not for resale.
   84         (f) A manufacturer licensed as a vendor under this
   85  subsection is responsible for applicable reports pursuant to
   86  ss. 561.50 and 561.55 with respect to the amount of malt
   87  beverages sold or given to consumers on the licensed premises
   88  each month and must pay the applicable excise taxes to the
   89  division by the 10th day of each month for the previous month.
   90         (g) A manufacturer licensed as a vendor under this
   91  subsection may hold a permanent food service license at the
   92  licensed premises.
   93         (h) This subsection is a limited exception to ss. 561.22
   94  and 561.42. Except as specifically provided in this subsection
   95  to permit a manufacturer of malt beverages to also be licensed
   96  as a vendor, a manufacturer of malt beverages is subject to the
   97  restrictions in ss. 561.22 and 561.42.
   98         (3)(a) Notwithstanding s. 561.22, s. 561.42, or any other
   99  provision provisions of the Beverage Law, a any vendor licensed
  100  in this state may be licensed as a manufacturer of malt
  101  beverages if the vendor satisfies the requirements of this
  102  subsection. upon a finding by the division that:
  103         (a) The division may issue a license if it finds that all
  104  of the following conditions are met:
  105         1. The vendor will be engaged in brewing malt beverages at
  106  a single licensed premises location and in an amount that which
  107  will not exceed 10,000 kegs per year. As used in For purposes of
  108  this subparagraph subsection, the term “keg” means 15.5 gallons.
  109         2. The malt beverages so brewed will be sold to consumers
  110  only for consumption on the vendor’s licensed premises or on
  111  contiguous licensed premises owned or leased by the vendor.
  112         3. The applicant holds a permanent food service license.
  113         (b) A licensee may sell the following alcoholic beverages,
  114  which may be sold only in face-to-face transactions with
  115  consumers and only for on-premises consumption:
  116         1. Malt beverages that are manufactured on the licensed
  117  premises.
  118         2. Malt beverages that are manufactured by other
  119  manufacturers purchased from a distributor as authorized under
  120  its vendor’s license.
  121         3. Wine or liquor purchased from a distributor as
  122  authorized under its vendor’s license.
  123         (c) A licensee may not:
  124         1. Ship malt beverages to or between licensed premises
  125  owned by the licensee. A licensee is not a manufacturer for the
  126  purposes of s. 563.022(14).
  127         2. Distribute or sell malt beverages off the licensed
  128  premises.
  129         (d)(b) A licensee is Any vendor which is also licensed as a
  130  manufacturer of malt beverages pursuant to this subsection shall
  131  be responsible for applicable reports pursuant to ss. 561.50 and
  132  561.55 with respect to the amount of beverage manufactured each
  133  month and must shall pay the applicable excise taxes thereon to
  134  the division by the 10th day of each month for the previous
  135  month.
  136         (e)(c) A It shall be unlawful for any licensed distributor
  137  of malt beverages or an any officer, agent, or other
  138  representative thereof may not to discourage or prohibit a
  139  licensee any vendor licensed as a manufacturer under this
  140  subsection from offering malt beverages brewed for consumption
  141  on the licensed premises of the vendor.
  142         (f)(d) A It shall be unlawful for any manufacturer of malt
  143  beverages or an any officer, agent, or other representative
  144  thereof may not to take any action to discourage or prohibit a
  145  any distributor of the manufacturer’s product from distributing
  146  such product to a licensee licensed vendor which is also
  147  licensed as a manufacturer of malt beverages pursuant to this
  148  subsection.
  149         (g) As used in this subsection, the term “licensee” means a
  150  vendor licensed as a manufacturer of malt beverages pursuant to
  151  this subsection.
  152         (4) The Legislature intends that the provisions relating to
  153  the sale of malt beverages by a malt beverage manufacturer
  154  licensed as a vendor pursuant to subsection (2) and the
  155  operation of a vendor licensed as a manufacturer pursuant to
  156  subsection (3) constitute limited exceptions to the Beverage Law
  157  with respect to the otherwise mutually exclusive licensing of
  158  manufacturers and vendors. Anything not specifically authorized
  159  in subsections (2) and (3) is prohibited unless otherwise
  160  authorized under the Beverage Law.
  161         Section 2. Section 561.37, Florida Statutes, is amended to
  162  read:
  163         561.37 Bond for payment of taxes.—
  164         (1) Each manufacturer and each distributor must shall file
  165  with the division a surety bond acceptable to the division in
  166  the amount sum of $25,000 as surety for the payment of all
  167  taxes., provided, However, if that when in the discretion of the
  168  division the amount of business done by the manufacturer or
  169  distributor is of such volume that a bond in an amount of less
  170  than $25,000 will be adequate to secure the payment of all taxes
  171  assessed or authorized by the Beverage Law, the division may
  172  accept a bond in an amount of less a lesser sum than $25,000,
  173  but not in no event shall it accept a bond of less than $10,000,
  174  and it may at any time in its discretion require any bond in an
  175  amount less of than $25,000 to be increased so as not to exceed
  176  $25,000.; provided, however, that
  177         (2) Notwithstanding subsection (1), the amount of bond
  178  required under this section for:
  179         (a) A brewer is $5,000 shall be $20,000, except that if
  180  where, in the discretion of the division, the amount of business
  181  done by the brewer is of such volume that a bond in an amount of
  182  less than $5,000 $20,000 will be adequate to secure the payment
  183  of all taxes assessed or authorized by the Beverage Law, the
  184  division may accept a bond in an amount of less a lesser sum
  185  than $5,000 $20,000, but not in no event shall it accept a bond
  186  of less than $2,500 $10,000, and it may at any time in its
  187  discretion require any bond in an amount of less than $5,000
  188  $20,000 to be increased so as not to exceed $5,000. $20,000;
  189  provided further that the amount of the bond required for
  190         (b) A wine or wine and cordial manufacturer is shall be
  191  $5,000. However, except that, in the case of a manufacturer
  192  engaged solely in the experimental manufacture of wines and
  193  cordials from Florida products, if where in the discretion of
  194  the division the amount of business done by such a manufacturer
  195  is of such volume that a bond in an amount of less than $5,000
  196  will be adequate to secure the payment of all taxes assessed or
  197  authorized by the Beverage Law, the division may accept a bond
  198  in an amount of less a lesser sum than $5,000, but not in no
  199  event shall it accept a bond of less than $1,000, and it may at
  200  any time in its discretion require a bond in an amount of less
  201  than $5,000 to be increased so as not to exceed $5,000.;
  202  provided, further, that the amount of bond required for
  203         (c) A distributor who sells only beverages containing not
  204  more than 4.007 percent of alcohol by volume, in counties where
  205  the sale of intoxicating liquors, wines, and beers is
  206  prohibited, or a distributor and to distributors who sells sell
  207  only beverages containing not more than 17.259 percent of
  208  alcohol by volume and wines regardless of alcoholic content, in
  209  counties where the sale of intoxicating liquors, wines, and
  210  beers is permitted, is shall file with the division a surety
  211  bond acceptable to the division in the sum of $25,000., as
  212  surety for the payment of all taxes; provided, However, if that
  213  where in the discretion of the division the amount of business
  214  done by such a distributor is of such volume that a bond in an
  215  amount of less than $25,000 will be adequate to secure the
  216  payment of all taxes assessed or authorized by the Beverage Law,
  217  the division may accept a bond in an amount of a less sum than
  218  $25,000, but not in no event shall it accept a bond less than
  219  $1,000, and it may at any time in its discretion require any
  220  bond in an amount of less than $25,000 to be increased so as not
  221  to exceed $25,000.; provided, further, that the amount of bond
  222  required for
  223         (d) A distributor in a county having a population of 15,000
  224  or less who procures a license by which his or her sales are
  225  restricted to distributors and vendors who have obtained
  226  licenses in the same county is, shall be $5,000.
  227         Section 3. Subsection (14) of section 561.42, Florida
  228  Statutes, is amended to read:
  229         561.42 Tied house evil; financial aid and assistance to
  230  vendor by manufacturer, distributor, importer, primary American
  231  source of supply, brand owner or registrant, or any broker,
  232  sales agent, or sales person thereof, prohibited; procedure for
  233  enforcement; exception.—
  234         (14) The division shall adopt reasonable rules governing
  235  promotional displays and advertising, which rules may shall not
  236  conflict with or be more stringent than the federal regulations
  237  pertaining to such promotional displays and advertising
  238  furnished to vendors by distributors, manufacturers, importers,
  239  primary American sources of supply, or brand owners or
  240  registrants, or any broker, sales agent, or sales person
  241  thereof; however:
  242         (a) If a manufacturer, distributor, importer, brand owner,
  243  or brand registrant of malt beverage, or any broker, sales
  244  agent, or sales person thereof, provides a vendor with
  245  expendable retailer advertising specialties such as trays,
  246  coasters, mats, menu cards, napkins, cups, glasses,
  247  thermometers, and the like, such items may shall be sold only at
  248  a price not less than the actual cost to the industry member who
  249  initially purchased them, without limitation in total dollar
  250  value of such items sold to a vendor.
  251         (b) Without limitation in total dollar value of such items
  252  provided to a vendor, a manufacturer, distributor, importer,
  253  brand owner, or brand registrant of malt beverage, or any
  254  broker, sales agent, or sales person thereof, may rent, loan
  255  without charge for an indefinite duration, or sell durable
  256  retailer advertising specialties such as clocks, pool table
  257  lights, and the like, which bear advertising matter.
  258         (c) If a manufacturer, distributor, importer, brand owner,
  259  or brand registrant of malt beverage, or any broker, sales
  260  agent, or sales person thereof, provides a vendor with consumer
  261  advertising specialties such as ashtrays, T-shirts, bottle
  262  openers, shopping bags, and the like, such items may shall be
  263  sold only at a price not less than the actual cost to the
  264  industry member who initially purchased them, and but may be
  265  sold without limitation in total value of such items sold to a
  266  vendor.
  267         (d) A manufacturer, distributor, importer, brand owner, or
  268  brand registrant of malt beverage, or any broker, sales agent,
  269  or sales person thereof, may provide consumer advertising
  270  specialties described in paragraph (c) to consumers on any
  271  vendor’s licensed premises.
  272         (e) A manufacturer Manufacturers, distributor distributors,
  273  importer importers, brand owner owners, or brand registrant
  274  registrants of malt beverages beer, and any broker, sales agent,
  275  or sales person thereof, may shall not conduct any sampling
  276  activity activities that includes the include tasting of a their
  277  product of any such entity or person at a vendor’s premises
  278  licensed for off-premises sales only.
  279         (f) A manufacturer Manufacturers, distributor distributors,
  280  importer importers, brand owner owners, or brand registrant
  281  registrants of malt beverages beer, and any broker, sales agent,
  282  or sales person thereof, may shall not engage in cooperative
  283  advertising with a vendor vendors.
  284         (g) A distributor Distributors of malt beverages beer may
  285  sell to a vendor vendors draft equipment and tapping accessories
  286  at a price not less than the cost to the industry member who
  287  initially purchased them, except there is no required charge,
  288  and the a distributor may exchange any parts that which are not
  289  compatible with a competitor’s system and are necessary to
  290  dispense the distributor’s brands. A distributor of malt
  291  beverages beer may furnish to a vendor at no charge replacement
  292  parts of nominal intrinsic value, including, but not limited to,
  293  washers, gaskets, tail pieces, hoses, hose connections, clamps,
  294  plungers, and tap markers. To ensure quality control, a
  295  distributor of malt beverages may, at no charge to a vendor,
  296  clean draft equipment and counter-pressure devices that use or
  297  dispense a malt beverage the distributor sold to the vendor.
  298  Counter-pressure and other growler-filling devices are not draft
  299  equipment or tapping accessories for purposes of this paragraph.
  300         Section 4. Section 561.5101, Florida Statutes, is amended
  301  to read:
  302         561.5101 Come-to-rest requirement; exceptions; penalties.—
  303         (1) For purposes of inspection and tax-revenue control, all
  304  malt beverages, except those manufactured on and sold at the
  305  brewery or vendor pursuant to s. 561.221(2) or (3), must come to
  306  rest at the licensed premises of an alcoholic beverage
  307  distributor wholesaler in this state before being sold to a
  308  vendor by the distributor wholesaler. A malt beverage is
  309  considered to have come to rest under this subsection only if it
  310  has been unloaded in its entirety from the transport vehicle and
  311  placed in the distributor’s warehouse inventory. The prohibition
  312  contained in this subsection does not apply to the shipment of
  313  malt beverages commonly known as private labels. The prohibition
  314  contained in this subsection does shall not prevent a
  315  manufacturer from shipping malt beverages for storage at a
  316  bonded warehouse facility, if the provided that such malt
  317  beverages are distributed as provided in this subsection or to
  318  an out-of-state entity.
  319         (2) A Any person who is in the business of selling
  320  alcoholic beverages and who knowingly and intentionally sells
  321  malt beverages in a manner inconsistent with the requirements of
  322  subsection (1), whether to a vendor or to an ultimate consumer,
  323  commits a felony of the third degree, punishable as provided in
  324  s. 775.082, s. 775.083, or s. 775.084.
  325         Section 5. Subsection (14) of section 563.022, Florida
  326  Statutes, is reenacted and amended to read:
  327         563.022 Relations between beer distributors and
  328  manufacturers.—
  329         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  330         (a) This subsection applies to:
  331         1. A manufacturer;
  332         2. An Any officer, director, agent, or employee of a
  333  manufacturer; or
  334         3. An affiliate of a any manufacturer, regardless of
  335  whether the affiliation is corporate or by management,
  336  direction, or control.
  337         (b) Except as provided in paragraph (c), an no entity or
  338  person specified in paragraph (a) may not have an interest in
  339  the license, business, assets, or corporate stock of a licensed
  340  distributor and may not nor shall such entity sell directly to a
  341  any vendor in this state other than a vendor to vendors who are
  342  licensed pursuant to s. 561.221(2).
  343         (c) An Any entity or person specified described in
  344  paragraph (a) may financially assist a proposed distributor in
  345  acquiring ownership of the distributorship through participation
  346  in a limited partnership arrangement in which the entity or
  347  person specified described in paragraph (a) is a limited partner
  348  and the proposed distributor seeking to acquire ownership of the
  349  distributorship is the general partner. Such a limited
  350  partnership arrangement arrangements may exist for no longer
  351  than 8 years from its their creation and may shall not be
  352  extended or renewed by means of a transfer of full ownership to
  353  an entity or person specified described in paragraph (a)
  354  followed by the creation of a new limited partnership or by any
  355  other means. In any such arrangement for financial assistance,
  356  the federal basic permit and distributor’s license issued by the
  357  division shall be issued in the name of the distributor and not
  358  in the name of an entity or person specified described in
  359  paragraph (a). If, after the creation of a limited partnership
  360  pursuant to this paragraph, an entity or person specified
  361  described in paragraph (a) acquires title to the distributorship
  362  that which was the subject of the limited partnership, the
  363  entity or person specified described in paragraph (a) shall
  364  divest itself of the distributorship within 180 days, and the
  365  distributorship shall be ineligible for limited partnership
  366  financing for 20 years thereafter. An No entity or person
  367  specified described in paragraph (a) may not shall enter into a
  368  limited partnership arrangement with a licensed distributor
  369  whose distributorship existed and was operated before prior to
  370  the creation of such limited partnership arrangement.
  371         (d) Nothing in The Beverage Law does not shall be construed
  372  to prohibit a manufacturer from shipping products to or between
  373  its breweries without a distributor’s license, but does not
  374  exempt a manufacturer from the come-to-rest requirement of s.
  375  561.5101(1) for products shipped to or between its breweries for
  376  sale under a vendor license issued to the manufacturer pursuant
  377  to s. 562.221(2).
  378         (e) Notwithstanding the provisions of paragraph (b), an any
  379  entity or person specified named in paragraph (a) may have an
  380  interest in the license, business, assets, or corporate stock of
  381  a licensed distributor for a maximum of 180 consecutive days as
  382  the result of a judgment of foreclosure against the distributor
  383  or for 180 consecutive days after acquiring title pursuant to
  384  the written request of the licensed distributor. Under either of
  385  these circumstances, manufacturer ownership of an interest in
  386  the license, business, assets, or corporate stock of a licensed
  387  distributor may shall only be for 180 days and only for the
  388  purpose of facilitating an orderly transfer of the
  389  distributorship to an owner not affiliated with a manufacturer.
  390         (f) Notwithstanding the provisions of paragraph (b), an any
  391  entity or person specified named in paragraph (a) may have a
  392  security interest in the inventory or property of its licensed
  393  distributors to secure payment for that said inventory or other
  394  loans for other purposes.
  395         Section 6. Subsections (1) and (6) of section 563.06,
  396  Florida Statutes, are amended, a new subsection (7) is created,
  397  and current subsection (7) of that section is renumbered as
  398  subsection (8) and amended, to read:
  399         563.06 Malt beverages; imprint on individual container;
  400  size of containers; growlers; exemptions.—
  401         (1) On and after October 1, 1959, All taxable malt
  402  beverages packaged in individual containers possessed by any
  403  person in the state for the purpose of sale or resale in the
  404  state, except operators of railroads, sleeping cars, steamships,
  405  buses, and airplanes engaged in interstate commerce and licensed
  406  under this section, must shall have imprinted thereon in clearly
  407  legible fashion by any permanent method the word “Florida” or
  408  “FL” and no other state name or abbreviation of any state name
  409  in not less than 8-point type. The word “Florida” or “FL” shall
  410  appear first or last, if imprinted in conjunction with any
  411  manufacturer’s code. A facsimile of the imprinting and its
  412  location as it will appear on the individual container must
  413  shall be submitted to the division for approval.
  414         (6) All malt beverages packaged in individual containers
  415  sold or offered for sale by vendors at retail in this state,
  416  except for malt beverages authorized to be sold in growlers
  417  pursuant to s. 563.061, must shall be in individual containers
  418  containing no more than 32 ounces of such malt beverages.;
  419  provided, however, that nothing contained in
  420         (7) This section does not shall affect malt beverages
  421  packaged in bulk, or in kegs or in barrels, or in any individual
  422  container containing 1 gallon or more of such malt beverage
  423  regardless of individual container type.
  424         (8)(7)A Any person, firm, or corporation, or any of its
  425  agents, officers or employees, that violates violating any of
  426  the provisions of this section commits, shall be guilty of a
  427  misdemeanor of the first degree, punishable as provided in s.
  428  775.082 or s. 775.083; and the license, if any, is shall be
  429  subject to revocation or suspension by the division.
  430         Section 7. Section 563.061, Florida Statutes, is created to
  431  read:
  432         563.061 Malt beverages; filling or refilling of growlers.—
  433         (1) “Growler” means a refillable container that is made of
  434  glass, ceramic, metal, or similar leak-proof material and is
  435  designed to contain a carbonated malt beverage in a capacity of
  436  32 ounces, 64 ounces, or 128 ounces.
  437         (2) The filling or refilling of a growler shall be in
  438  response to an order, in a face-to-face transaction, only for
  439  off-premises consumption. The growler must be filled with a malt
  440  beverage and sealed on the premises at or immediately before or
  441  after the time of sale.
  442         (3) The filling or refilling of a growler is limited to:
  443         (a) A manufacturer of malt beverages who holds a valid
  444  vendor’s license pursuant to s. 561.221(2);
  445         (b) A vendor holding a quota license under ss. 561.20(1)
  446  and 565.02(1)(a) with the sale of malt beverages authorized
  447  under that license; or
  448         (c) A vendor holding a license under s. 563.02(1)(b)-(f),
  449  s. 564.02(1)(b)-(f), or s. 565.02(1)(b)-(f), unless the license
  450  restricts the sale of malt beverages only for consumption on the
  451  licensed premises.
  452         (4) The growler must have an unbroken seal or be incapable
  453  of being immediately consumed.
  454         (5) 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         (6) The growler must be clean prior to filling or
  464  refilling.
  465         (7) The vendor filling or refilling a growler must leave
  466  sufficient space to allow for expansion of the contents due to
  467  changes in temperature or pressure that can reasonably be
  468  anticipated and that would otherwise result in leakage or other
  469  failure of the growler to contain the malt beverage.
  470         (8) A licensee authorized to fill and refill growlers may
  471  not use them for purposes of distribution or sale off the
  472  manufacturer’s or vendor’s licensed premises, except as
  473  authorized under this section and s. 561.221(2).
  474         Section 8. For the purpose of incorporating the amendments
  475  made by this act to the Beverage Law, subsection (1) of section
  476  561.11, Florida Statutes, is reenacted to read:
  477         561.11 Power and authority of division.—
  478         (1) The division has authority to adopt rules pursuant to
  479  ss. 120.536(1) and 120.54 to implement the provisions of the
  480  Beverage Law.
  481         Section 9. This act shall take effect July 1, 2014.
  482  
  483  ================= T I T L E  A M E N D M E N T ================
  484  And the title is amended as follows:
  485         Delete everything before the enacting clause
  486  and insert:
  487                        A bill to be entitled                      
  488         An act relating to malt beverages; amending s. 561.01,
  489         F.S.; defining the term “growler”; amending s.
  490         561.221, F.S.; clarifying three-tier system exceptions
  491         and application with respect to the manufacture,
  492         distribution, and sale of malt beverages; revising
  493         requirements for licensure and operation of
  494         manufacturers and vendors; providing legislative
  495         intent; amending s. 561.37, F.S.; revising bond
  496         requirements for brewers; amending s. 561.42, F.S.;
  497         authorizing distributors of malt beverages to clean
  498         certain drafting equipment and counter-pressure
  499         devices at no charge; specifying that counter-pressure
  500         and other growler-filling devices are not drafting
  501         equipment and tapping accessories for certain
  502         purposes; amending s. 561.5101, F.S.; adding an
  503         exception to the come-to-rest requirement; specifying
  504         what constitutes coming to rest at a distributor’s
  505         licensed premises; providing penalties; reenacting and
  506         amending s. 563.022(14), F.S., relating to prohibited
  507         interests between a manufacturer and a distributor of
  508         malt beverages, to incorporate the amendments made to
  509         s. 561.221(2), F.S., in a reference thereto; revising
  510         provisions relating to shipment of products to or
  511         between breweries; amending s. 563.06, F.S.; revising
  512         provisions relating to the sale of malt beverages at
  513         retail in containers of specified sizes, to conform to
  514         changes made by the act; creating s. 563.061, F.S.;
  515         providing requirements for and limitations on the
  516         filling, refilling, and sale or distribution of
  517         growlers; reenacting s. 561.11(1), F.S., relating to
  518         authority of the Division of Alcoholic Beverages and
  519         Tobacco of the Department of Business and Professional
  520         Regulation to adopt rules to implement the Beverage
  521         Law, to incorporate the amendments made to the
  522         Beverage Law by this act for such purpose; providing
  523         an effective date.