Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 406
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/17/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (7) of section 563.06,
    6  Florida Statutes, is redesignated as subsection (8), a new
    7  subsection (7) is added to that section, and present subsection
    8  (6) is amended to read:
    9         563.06 Malt beverages; imprint on individual container;
   10  size of containers; exemptions.—
   11         (6) All malt beverages packaged in individual containers
   12  sold or offered for sale by vendors at retail in this state
   13  shall be in individual containers containing 64 ounces, or a
   14  lesser size containing no more than 32 ounces, of such malt
   15  beverages. The containers shall include information specifying
   16  the manufacturer, the brand, and the percentage alcohol by
   17  volume of the malt beverage, and may be filled at the point of
   18  sale by either a licensed manufacturer or a vendor licensed for
   19  consumption on the premises. The containers must have an
   20  unbroken seal or be incapable of being immediately consumed. The
   21  containers may not be filled at the point of sale with alcoholic
   22  beverages purchased by a licensed manufacturer from a licensed
   23  distributor. ; provided, however, that nothing contained in
   24         (7) This section does not shall affect malt beverages
   25  packaged in bulk, or in kegs, or in barrels or in an any
   26  individual container containing 1 gallon or more of such malt
   27  beverage regardless of individual container type.
   28         (8)(7)  Any person, firm, or corporation, its agents,
   29  officers or employees, violating any of the provisions of this
   30  section, shall be guilty of a misdemeanor of the first degree,
   31  punishable as provided in s. 775.082 or s. 775.083; and the
   32  license, if any, shall be subject to revocation or suspension by
   33  the division.
   34         Section 2. Section 563.09, Florida Statutes, is created to
   35  read:
   36         563.09 Malt beverage tastings.—A licensed distributor of
   37  malt beverages, or any vendor, may conduct malt beverage
   38  tastings upon any licensed premises authorized to sell malt
   39  beverages by package or for consumption on premises without
   40  being in violation of s. 561.42 if the conduct of the malt
   41  beverage tasting is limited to and directed toward the general
   42  public of the age of legal consumption.
   43         Section 3. Paragraph (e) of subsection (14) of section
   44  561.42, Florida Statutes, is amended to read:
   45         561.42 Tied house evil; financial aid and assistance to
   46  vendor by manufacturer, distributor, importer, primary American
   47  source of supply, brand owner or registrant, or any broker,
   48  sales agent, or sales person thereof, prohibited; procedure for
   49  enforcement; exception.—
   50         (14) The division shall adopt reasonable rules governing
   51  promotional displays and advertising, which rules shall not
   52  conflict with or be more stringent than the federal regulations
   53  pertaining to such promotional displays and advertising
   54  furnished to vendors by distributors, manufacturers, importers,
   55  primary American sources of supply, or brand owners or
   56  registrants, or any broker, sales agent, or sales person
   57  thereof; however:
   58         (e) Manufacturers, distributors, importers, brand owners,
   59  or brand registrants of beer, and any broker, sales agent, or
   60  sales person thereof, shall not conduct any sampling activities
   61  that include tasting of their product at a vendor’s premises
   62  licensed for off-premises sales only.
   63         Section 4. This act shall take effect upon becoming a law.
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Delete everything before the enacting clause
   69  and insert:
   70                        A bill to be entitled                      
   71         An act relating to malt beverages; amending s. 563.06,
   72         F.S.; providing for container sizes; providing for
   73         labeling; providing for filling containers at the
   74         point of sale by a manufacturer or vendor; providing
   75         for sealing containers; prohibiting filling containers
   76         at the point of sale with alcoholic beverages
   77         purchased from a distributor; creating s. 563.09,
   78         F.S.; authorizing malt beverage tastings upon certain
   79         licensed premises; amending s. 561.42, F.S.; removing
   80         the prohibition on beer samplings at the premises of
   81         certain vendors; providing an effective date.