Florida Senate - 2014                             CS for SB 1714
       
       
        
       By the Committees on Community Affairs; and Regulated Industries
       
       
       
       
       
       578-04060-14                                          20141714c1
    1                        A bill to be entitled                      
    2         An act relating to malt beverages; amending s. 561.01,
    3         F.S.; defining the term “growler”; amending s.
    4         561.221, F.S.; clarifying three-tier system exceptions
    5         and application with respect to the manufacture,
    6         distribution, and sale of malt beverages; revising
    7         requirements for licensure and operation of
    8         manufacturers and vendors; providing legislative
    9         intent; amending s. 561.37, F.S., to revise bond
   10         requirements for brewers; amending s. 561.5101, F.S.;
   11         adding an exception to the come-to-rest requirement;
   12         amending s. 562.34, F.S.; authorizing the possession
   13         and transportation of a growler; reenacting s.
   14         563.022(14), F.S., relating to prohibited interests
   15         between a manufacturer and a distributor of malt
   16         beverages, to incorporate the amendments made to s.
   17         561.221, F.S., in a reference thereto; clarifying
   18         provisions; amending s. 563.06, F.S.; revising
   19         provisions relating to the sale of malt beverages at
   20         retail in containers of specified sizes, to conform to
   21         changes made by the act; creating s. 563.061, F.S.;
   22         providing requirements for and limitations on the
   23         filling, refilling, and sale or distribution of
   24         growlers; providing severability; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (22) is added to section 561.01,
   30  Florida Statutes, to read:
   31         561.01 Definitions.—As used in the Beverage Law:
   32         (22) “Growler” means a clean container made of glass,
   33  ceramic, metal, or similar leak-proof material having a capacity
   34  of at least 32 ounces but no more than 128 ounces which, in
   35  response to an order in a face-to-face transaction for off
   36  premises consumption, is filled with a malt beverage and sealed
   37  on the premises at or immediately before or after the time of
   38  sale.
   39         Section 2. Section 561.221, Florida Statutes, is amended to
   40  read:
   41         561.221 Licensing of manufacturers and distributors as
   42  vendors and of vendors as manufacturers; exceptions, conditions,
   43  and limitations.—
   44         (1)(a) Nothing contained in s. 561.22, s. 561.42, or any
   45  other provision of the Beverage Law prohibits the ownership,
   46  management, operation, or control of not more than three
   47  vendor’s licenses for the sale of alcoholic beverages by a
   48  manufacturer of wine who is licensed and engaged in the
   49  manufacture of wine in this state, even if such manufacturer is
   50  also licensed as a distributor; provided that no such vendor’s
   51  license shall be owned, managed, operated, or controlled by any
   52  licensed manufacturer of wine unless the licensed premises of
   53  the vendor are situated on property contiguous to the
   54  manufacturing premises of the licensed manufacturer of wine.
   55         (b) The Division of Alcoholic Beverages and Tobacco shall
   56  issue permits to a certified Florida Farm Winery to conduct
   57  tasting and sales of wine produced by certified Florida Farm
   58  Wineries at Florida fairs, trade shows, expositions, and
   59  festivals. The certified Florida Farm Winery shall pay all entry
   60  fees and shall have a winery representative present during the
   61  event. The permit is limited to the length of the event.
   62         (2) Notwithstanding s. 561.22, s. 561.42, or any other
   63  provision of the Beverage Law, the division is authorized to
   64  issue vendor’s licenses to a manufacturer of malt beverages,
   65  even if such manufacturer is also licensed as a distributor, for
   66  the sale of alcoholic beverages on property consisting of a
   67  single complex, which property shall include a brewery and such
   68  other structures which promote the brewery and the tourist
   69  industry of the state. However, such property may be divided by
   70  no more than one public street or highway. A vendor’s license
   71  issued under this subsection is subject to the following
   72  restrictions:
   73         (a) Sales to consumers for off-premises consumption of malt
   74  beverages are limited to growlers that are filled or refilled
   75  with malt beverages manufactured on the licensed premises
   76  pursuant to the requirements of s. 563.061. Such sales must be
   77  made directly to consumers in face-to-face transactions. Malt
   78  beverages manufactured at another location, including another
   79  licensed manufacturing premises directly or indirectly owned in
   80  whole or in part by the manufacturer, and malt beverages
   81  manufactured by any other manufacturer may be sold as authorized
   82  by the manufacturer’s vendor license, provided that malt
   83  beverages sold for consumption off the licensed premises shall
   84  be obtained from a licensed distributor and sold to the consumer
   85  in their original sealed containers. This paragraph does not
   86  prohibit the sale of other alcoholic beverages for on-premises
   87  or off-premises consumption, as authorized under the
   88  manufacturer’s vendor license, provided that such beverages are
   89  obtained from a licensed distributor.
   90         (b) Notwithstanding s. 561.57(1), the delivery of a sealed
   91  container or growler containing a malt beverage off a licensed
   92  premises, whether by common or premises carrier or by an
   93  operator of a privately owned motor vehicle or other conveyance,
   94  is prohibited. In addition, a consumer or other person may not
   95  arrange for the delivery of a sealed container or growler
   96  containing a malt beverage off the licensed premises to the
   97  consumer, whether by common or premises carrier or by an
   98  operator of a privately owned motor vehicle or other conveyance.
   99  However, this paragraph does not prohibit a consumer from taking
  100  the sealed container or growler containing a malt beverage
  101  purchased by the consumer under this subsection from the
  102  licensed premises to another location by a privately owned motor
  103  vehicle or other conveyance.
  104         (c) A manufacturer licensed as a vendor is responsible for
  105  applicable reports pursuant to ss. 561.50 and 561.55 with
  106  respect to the amount of malt beverages sold or given to
  107  consumers on the licensed premises each month and must pay the
  108  applicable excise taxes to the division by the 10th day of each
  109  month for the previous month.
  110         (d) This subsection does not preclude a licensed
  111  manufacturer of malt beverages from also holding a permanent
  112  food service license at the licensed premises.
  113         (e) This subsection is a limited exception to ss. 561.22
  114  and 561.42. Except as specifically provided in this subsection
  115  to permit a manufacturer of malt beverages to also be licensed
  116  as a vendor, a manufacturer of malt beverages is subject to the
  117  restrictions in ss. 561.22 and 561.42.
  118         (3)(a)Notwithstanding s. 561.22, s. 561.42, or any other
  119  provision Notwithstanding other provisions of the Beverage Law,
  120  a any vendor licensed in this state may be licensed as a
  121  manufacturer of malt beverages if the vendor satisfies the
  122  requirements of this subsection. upon a finding by the division
  123  that:
  124         (a) The division may issue a license if it finds that all
  125  of the following conditions are met:
  126         1. The vendor will be engaged in brewing malt beverages at
  127  a single licensed premises location and in an amount that which
  128  will not exceed 10,000 kegs per year. As used in For purposes of
  129  this subparagraph subsection, the term “keg” means 15.5 gallons.
  130         2. The malt beverages so brewed will be sold to consumers
  131  for consumption on the vendor’s licensed premises or on
  132  contiguous licensed premises owned by the vendor.
  133         3. The applicant holds a permanent food service license.
  134         (b) A licensee may sell the following alcoholic beverages,
  135  which may be sold only in face-to-face transactions with
  136  consumers:
  137         1. Malt beverages that are manufactured on the licensed
  138  premises for on-premises consumption.
  139         2. Malt beverages that are manufactured by other
  140  manufacturers for on-premises consumption as authorized under
  141  its vendor’s license.
  142         3. Wine or liquor for on-premises consumption as authorized
  143  under its vendor’s license.
  144         (c) A licensee may not:
  145         1. Ship malt beverages to or between licensed premises
  146  owned by the licensee. A licensee is not a manufacturer for the
  147  purposes of s. 563.022(14).
  148         2. Distribute or sell malt beverages off the licensed
  149  premises.
  150         (d)(b)A licensee is Any vendor which is also licensed as a
  151  manufacturer of malt beverages pursuant to this subsection shall
  152  be responsible for applicable reports pursuant to ss. 561.50 and
  153  561.55 with respect to the amount of beverage manufactured each
  154  month and must shall pay the applicable excise taxes thereon to
  155  the division by the 10th day of each month for the previous
  156  month.
  157         (e)(c)A It shall be unlawful for any licensed distributor
  158  of malt beverages or an any officer, agent, or other
  159  representative thereof may not to discourage or prohibit a
  160  licensee any vendor licensed as a manufacturer under this
  161  subsection from offering malt beverages brewed for consumption
  162  on the licensed premises of the vendor.
  163         (f)(d)A It shall be unlawful for any manufacturer of malt
  164  beverages or an any officer, agent, or other representative
  165  thereof may not to take any action to discourage or prohibit a
  166  any distributor of the manufacturer’s product from distributing
  167  such product to a licensee licensed vendor which is also
  168  licensed as a manufacturer of malt beverages pursuant to this
  169  subsection.
  170         (g) As used in this subsection, the term “licensee” means a
  171  vendor licensed as a manufacturer of malt beverages pursuant to
  172  this subsection.
  173         (4) The Legislature intends that the provisions relating to
  174  the sale of malt beverages by a malt beverage manufacturer
  175  pursuant to subsection (2) and the operation of a licensed
  176  vendor pursuant to subsection (3) constitute limited exceptions
  177  to the manufacturing and vendor licensing requirements of the
  178  Beverage Law. Anything not specifically authorized in
  179  subsections (2) and (3) is prohibited unless otherwise
  180  authorized under the Beverage Law.
  181         Section 3. Section 561.37, Florida Statutes, is amended to
  182  read:
  183         561.37 Bond for payment of taxes.—Each manufacturer and
  184  each distributor shall file with the division a surety bond
  185  acceptable to the division in the sum of $25,000 as surety for
  186  the payment of all taxes, provided, however, that when in the
  187  discretion of the division the amount of business done by the
  188  manufacturer or distributor is of such volume that a bond of
  189  less than $25,000 will be adequate to secure the payment of all
  190  taxes assessed or authorized by the Beverage Law, the division
  191  may accept a bond in a lesser sum than $25,000, but in no event
  192  shall it accept a bond of less than $10,000, and it may at any
  193  time in its discretion require any bond in an amount less than
  194  $25,000 to be increased so as not to exceed $25,000; provided,
  195  however, that the amount of bond required for a brewer shall be
  196  $5,000 $20,000, except that where, in the discretion of the
  197  division, the amount of business done by the brewer is of such
  198  volume that a bond of less than $5,000 $20,000 will be adequate
  199  to secure the payment of all taxes assessed or authorized by the
  200  Beverage Law, the division may accept a bond in a lesser sum
  201  than $5,000 $20,000, but in no event shall it accept a bond of
  202  less than $2,500 $10,000, and it may at any time in its
  203  discretion require any bond in an amount less than $5,000
  204  $20,000 to be increased so as not to exceed $5,000 $20,000;
  205  provided further that the amount of the bond required for a wine
  206  or wine and cordial manufacturer shall be $5,000, except that,
  207  in the case of a manufacturer engaged solely in the experimental
  208  manufacture of wines and cordials from Florida products, where
  209  in the discretion of the division the amount of business done by
  210  such manufacturer is of such volume that a bond of less than
  211  $5,000 will be adequate to secure the payment of all taxes
  212  assessed or authorized by the Beverage Law, the division may
  213  accept a bond in a lesser sum than $5,000, but in no event shall
  214  it accept a bond of less than $1,000 and it may at any time in
  215  its discretion require a bond in an amount less than $5,000 to
  216  be increased so as not to exceed $5,000; provided, further, that
  217  the amount of bond required for a distributor who sells only
  218  beverages containing not more than 4.007 percent of alcohol by
  219  volume, in counties where the sale of intoxicating liquors,
  220  wines, and beers is prohibited, and to distributors who sell
  221  only beverages containing not more than 17.259 percent of
  222  alcohol by volume and wines regardless of alcoholic content, in
  223  counties where the sale of intoxicating liquors, wines, and
  224  beers is permitted, shall file with the division a surety bond
  225  acceptable to the division in the sum of $25,000, as surety for
  226  the payment of all taxes; provided, however, that where in the
  227  discretion of the division the amount of business done by such
  228  distributor is of such volume that a bond of less than $25,000
  229  will be adequate to secure the payment of all taxes assessed or
  230  authorized by the Beverage Law the division may accept a bond in
  231  a less sum than $25,000 but in no event shall it accept a bond
  232  less than $1,000 and it may at any time in its discretion
  233  require any bond in an amount less than $25,000 to be increased
  234  so as not to exceed $25,000; provided, further, that the amount
  235  of bond required for a distributor in a county having a
  236  population of 15,000 or less who procures a license by which his
  237  or her sales are restricted to distributors and vendors who have
  238  obtained licenses in the same county, shall be $5,000.
  239         Section 4. Subsection (1) of section 561.5101, Florida
  240  Statutes, is amended to read:
  241         561.5101 Come-to-rest requirement; exceptions; penalties.—
  242         (1) For purposes of inspection and tax-revenue control, all
  243  malt beverages, except those manufactured and sold pursuant to
  244  s. 561.221(2) or (3) s. 561.221(3), must come to rest at the
  245  licensed premises of an alcoholic beverage wholesaler in this
  246  state before being sold to a vendor by the wholesaler. The
  247  prohibition contained in this subsection does not apply to the
  248  shipment of malt beverages commonly known as private labels. The
  249  prohibition contained in this subsection does shall not prevent
  250  a manufacturer from shipping malt beverages for storage at a
  251  bonded warehouse facility if, provided that such malt beverages
  252  are distributed as provided in this subsection or to an out-of
  253  state entity.
  254         Section 5. Subsections (1) and (3) of section 562.34,
  255  Florida Statutes, are amended to read:
  256         562.34 Containers; seizure and forfeiture.—
  257         (1) A It shall be unlawful for any person may not to have
  258  in her or his possession, custody, or control any cans, jugs,
  259  jars, bottles, or vessels, or any other type of containers that
  260  which are being used, are intended to be used, or are known by
  261  the possessor to have been used to bottle or package alcoholic
  262  beverages.; however, This subsection does provision shall not
  263  apply to a any person properly licensed to bottle or package
  264  such alcoholic beverages, a or to any person intending to
  265  dispose of such containers to a person, firm, or corporation
  266  properly licensed to bottle or package such alcoholic beverages,
  267  or a person that has in her or his possession a growler.
  268         (3) A It shall be unlawful for any person may not to
  269  transport any cans, jugs, jars, bottles, or vessels, or any
  270  other type of containers intended to be used to bottle or
  271  package alcoholic beverages.; however, This subsection does
  272  section shall not apply to a any firm or corporation holding a
  273  license to manufacture or distribute such alcoholic beverages, a
  274  and shall not apply to any person transporting such containers
  275  to a any person, firm, or corporation holding a license to
  276  manufacture or distribute such alcoholic beverages, or a person
  277  transporting a growler.
  278         Section 6. Subsection (14) of section 563.022, Florida
  279  Statutes, is reenacted and amended to read:
  280         563.022 Relations between beer distributors and
  281  manufacturers.—
  282         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  283         (a) This subsection applies to:
  284         1. A manufacturer;
  285         2. An Any officer, director, agent, or employee of a
  286  manufacturer; or
  287         3. An affiliate of a any manufacturer, regardless of
  288  whether the affiliation is corporate or by management,
  289  direction, or control.
  290         (b) Except as provided in paragraph (c), an no entity or
  291  person specified in paragraph (a) may not have an interest in
  292  the license, business, assets, or corporate stock of a licensed
  293  distributor and may not nor shall such entity sell directly to a
  294  any vendor in this state other than a vendor to vendors who are
  295  licensed pursuant to s. 561.221(2).
  296         (c) An Any entity or person specified described in
  297  paragraph (a) may financially assist a proposed distributor in
  298  acquiring ownership of the distributorship through participation
  299  in a limited partnership arrangement in which the entity or
  300  person specified described in paragraph (a) is a limited partner
  301  and the proposed distributor seeking to acquire ownership of the
  302  distributorship is the general partner. Such a limited
  303  partnership arrangement arrangements may exist for up to no
  304  longer than 8 years from its their creation and may shall not be
  305  extended or renewed by means of a transfer of full ownership to
  306  an entity or person specified described in paragraph (a)
  307  followed by the creation of a new limited partnership or by any
  308  other means. In any such arrangement for financial assistance,
  309  the federal basic permit and distributor’s license issued by the
  310  division shall be issued in the name of the distributor and not
  311  in the name of an entity or person specified described in
  312  paragraph (a). If, after the creation of a limited partnership
  313  pursuant to this paragraph, an entity or person specified
  314  described in paragraph (a) acquires title to the distributorship
  315  that which was the subject of the limited partnership, the
  316  entity or person specified described in paragraph (a) shall
  317  divest itself of the distributorship within 180 days, and the
  318  distributorship shall be ineligible for limited partnership
  319  financing for 20 years thereafter. An No entity or person
  320  specified described in paragraph (a) may not shall enter into a
  321  limited partnership arrangement with a licensed distributor
  322  whose distributorship existed and was operated before prior to
  323  the creation of such limited partnership arrangement.
  324         (d) Nothing in The Beverage Law does not shall be construed
  325  to prohibit a manufacturer from shipping products to or between
  326  its breweries without a distributor’s license.
  327         (e) Notwithstanding the provisions of paragraph (b), an any
  328  entity or person specified named in paragraph (a) may have an
  329  interest in the license, business, assets, or corporate stock of
  330  a licensed distributor for a maximum of 180 consecutive days as
  331  the result of a judgment of foreclosure against the distributor
  332  or for 180 consecutive days after acquiring title pursuant to
  333  the written request of the licensed distributor. Under either of
  334  these circumstances, manufacturer ownership of an interest in
  335  the license, business, assets, or corporate stock of a licensed
  336  distributor may shall only be for 180 days and only for the
  337  purpose of facilitating an orderly transfer of the
  338  distributorship to an owner not affiliated with a manufacturer.
  339         (f) Notwithstanding the provisions of paragraph (b), an any
  340  entity or person specified named in paragraph (a) may have a
  341  security interest in the inventory or property of its licensed
  342  distributors to secure payment for that said inventory or other
  343  loans for other purposes.
  344         Section 7. Section 563.06, Florida Statutes, is amended to
  345  read:
  346         563.06 Malt beverages; imprint on individual container;
  347  size of containers; growlers; exemptions.—
  348         (1) On and after October 1, 1959, all taxable malt
  349  beverages packaged in individual containers possessed by any
  350  person in the state for the purpose of sale or resale in the
  351  state, except operators of railroads, sleeping cars, steamships,
  352  buses, and airplanes engaged in interstate commerce and licensed
  353  under this section, shall have imprinted thereon in clearly
  354  legible fashion by any permanent method the word “Florida” or
  355  “FL” and no other state name or abbreviation of any state name
  356  in not less than 8-point type. The word “Florida” or “FL” shall
  357  appear first or last, if imprinted in conjunction with any
  358  manufacturer’s code. A facsimile of the imprinting and its
  359  location as it will appear on the individual container shall be
  360  submitted to the division for approval.
  361         (2) Nothing herein contained shall require such designation
  362  to be attached to individual containers of malt beverages which
  363  are transported through this state and which are not sold,
  364  delivered, or stored for sale therein, if transported in
  365  accordance with such rules and regulations as adopted by the
  366  division; nor shall this requirement apply to malt beverages
  367  packaged in individual containers and held on the premises of a
  368  brewer or bottler, which malt beverages are for sale and
  369  delivery to persons outside the state.
  370         (3) Possession by any person in the state, except as
  371  otherwise provided herein, of more than 4 1/2 gallons of malt
  372  beverages in individual containers which do not have the word
  373  “Florida” or “FL” as herein provided, shall be prima facie
  374  evidence that said malt beverage is possessed for the purpose of
  375  sale or resale.
  376         (4) Except as otherwise provided herein, any malt beverages
  377  in individual containers held or possessed in the state for the
  378  purpose of sale or resale within the state which do not bear the
  379  word “Florida” or “FL” thereon shall, at the direction of the
  380  division, be confiscated in accordance with the provisions of
  381  the Beverage Law.
  382         (5)(a) Nothing contained in this section shall require that
  383  malt beverages packaged in individual containers and possessed
  384  by any person in the state for purposes of sale or resale in the
  385  state have imprinted thereon the word “Florida” or “FL” if the
  386  manufacturer of the malt beverages can establish before the
  387  division that the manufacturer has a tracking system in place,
  388  by use of code or otherwise, which enables the manufacturer,
  389  with at least 85 percent reliability by July 1, 1996, and 90
  390  percent reliability by January 1, 2000, to identify the
  391  following:
  392         1. The place where individual containers of malt beverages
  393  were produced;
  394         2. The state into which the individual containers of malt
  395  beverages were shipped; and
  396         3. The individual distributors within the state which
  397  received the individual containers of malt beverages.
  398         (b) Prior to shipping individual containers of malt
  399  beverages into the state which do not have the word “Florida” or
  400  “FL” imprinted thereon, the manufacturer must file an
  401  application with the division to claim the exemption contained
  402  herein and must obtain approval from the division to ship
  403  individual containers of malt beverages into the state which do
  404  not have the word “Florida” or “FL” imprinted thereon.
  405  Information furnished by the manufacturer to establish the
  406  criteria contained within paragraph (a) may be subject to an
  407  annual audit and verification by the division. The division may
  408  revoke an approved exemption if the manufacturer refuses to
  409  furnish the information required in paragraph (a) upon request
  410  of the division, or if the manufacturer fails to permit a
  411  subsequent verification audit, or if the manufacturer fails to
  412  fully cooperate with the division during the conducting of an
  413  audit.
  414         (c) When a distributor has information that malt beverages
  415  may have been shipped into Florida on which payment of Florida
  416  excise taxes has not been made, such information may be provided
  417  to the division and the division shall investigate to ascertain
  418  whether any violations of Florida law have occurred.
  419         (6) All malt beverages packaged in individual containers
  420  sold or offered for sale by vendors at retail in this state,
  421  except for malt beverages sold in growlers pursuant to s.
  422  563.061, must shall be in individual containers containing no
  423  more than 32 ounces of such malt beverages.; provided, however,
  424  that nothing contained in This section does not shall affect
  425  malt beverages packaged in bulk or in kegs or in barrels or in
  426  any individual container containing 1 gallon or more of such
  427  malt beverage regardless of individual container type.
  428         (7) Any person, firm, or corporation, its agents, officers
  429  or employees, violating any of the provisions of this section,
  430  shall be guilty of a misdemeanor of the first degree, punishable
  431  as provided in s. 775.082 or s. 775.083; and the license, if
  432  any, shall be subject to revocation or suspension by the
  433  division.
  434         Section 8. Section 563.061, Florida Statutes, is created to
  435  read:
  436         563.061 Malt beverages; filling or refilling of growlers.—
  437         (1) The filling or refilling of a growler is limited to:
  438         (a) A manufacturer of malt beverages who holds a valid
  439  vendor’s license pursuant to s. 561.221(2) if the growler is
  440  filled or refilled with malt beverages manufactured on the
  441  licensed premises for sale for off-premises consumption to
  442  consumers in a face-to-face transaction on the licensed
  443  premises;
  444         (b) A vendor holding a quota license under ss. 561.20(1)
  445  and 565.02(1)(a) with malt beverages authorized under that
  446  license for sale for off-premises consumption to consumers in a
  447  face-to-face transaction on the licensed premises; 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) which authorizes
  450  consumption of malt beverages on the premises, unless such
  451  license restricts the consumption of malt beverages to the
  452  premises only.
  453         (2) The growler must have an unbroken seal, or its contents
  454  must be incapable of being immediately consumed.
  455         (3) The growler must be clearly labeled as containing an
  456  alcoholic beverage and provide the name of the manufacturer, the
  457  brand, the volume, the percentage of alcohol by volume, and the
  458  required federal health warning notice for alcoholic beverages.
  459  If a growler being refilled has an existing label or other
  460  identifying mark of a manufacturer or brand from a prior filling
  461  or refilling, that label must be covered sufficiently to
  462  indicate the manufacturer and brand of the malt beverage being
  463  placed in the container at that refilling.
  464         (4) The growler must be clean before being filled or
  465  refilled.
  466         (5) A licensee authorized to fill and refill growlers may
  467  not use growlers for purposes of distribution or sale outside
  468  the manufacturer’s or vendor’s licensed premises, except as
  469  authorized under this subsection and s. 561.221(2).
  470         Section 9. If any provision of this act or its application
  471  to any person or circumstance is held invalid, the invalidity
  472  does not affect other provisions or applications of the act
  473  which can be given effect without the invalid provision or
  474  application, and to this end the provisions of this act are
  475  severable.
  476         Section 10. This act shall take effect July 1, 2014.