Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 998
       
       
       
       
       
       
                                Ì638550&Î638550                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/14/2015 12:30 PM       .                                
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       Senator Margolis moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 47 and 48
    4  insert:
    5         Section 2. Subsection (9) of section 565.02, Florida
    6  Statutes, is amended to read:
    7         565.02 License fees; vendors; clubs; caterers; and others.—
    8         (9) It is the finding of the Legislature that passenger
    9  vessels engaged exclusively in foreign commerce are susceptible
   10  to a distinct and separate classification for purposes of the
   11  sale of alcoholic beverages under the Beverage Law. Upon the
   12  filing of an application and payment of an annual fee of $1,100,
   13  the director is authorized to issue a permit authorizing the
   14  operator, or, if applicable, his or her concessionaire, of a
   15  passenger vessel which has cabin-berth capacity for at least 75
   16  passengers, and which is engaged exclusively in foreign
   17  commerce, to sell alcoholic beverages on the vessel for
   18  consumption on board only:
   19         (a) During a period not in excess of 24 hours prior to
   20  departure while the vessel is moored at a dock or wharf in a
   21  port of this state; or
   22         (b) At any time while the vessel is located in Florida
   23  territorial waters and is in transit to or from international
   24  waters.
   25  
   26  One such permit shall be required for each such vessel and shall
   27  name the vessel for which it is issued. No license shall be
   28  required or tax levied by any municipality or county for the
   29  privilege of selling beverages for consumption on board such
   30  vessels. The beverages so sold may be purchased outside the
   31  state by the permittee, and the same shall not be considered as
   32  imported for the purposes of s. 561.14(3) solely because of such
   33  sale. The permittee is not required to obtain its beverages from
   34  licensees under the Beverage Law, but it shall keep a strict
   35  account of all such beverages sold within this state and shall
   36  make monthly reports to the division on forms prepared and
   37  furnished by the division. A permittee who sells on board the
   38  vessel beverages withdrawn from United States Bureau of Customs
   39  and Border Protection bonded storage on board the vessel may
   40  satisfy such accounting requirement by supplying the division
   41  with copies of the appropriate United States Bureau of Customs
   42  and Border Protection forms evidencing such withdrawals as
   43  importations under United States customs laws. Such permittee
   44  shall pay to the state an excise tax for beverages sold pursuant
   45  to this section, if such excise tax has not previously been
   46  paid, in an amount equal to the tax which would be required to
   47  be paid on such sales by a licensed manufacturer or distributor.
   48  The calculation of excise tax due under this section must be
   49  based on the advertised volume per drink. A vendor holding such
   50  permit shall pay the tax monthly to the division at the same
   51  time he or she furnishes the required report. Such report shall
   52  be filed on or before the 15th day of each month for the sales
   53  occurring during the previous calendar month. The provisions of
   54  s. 213.21(7) are applicable for all taxes administered by the
   55  department under this section.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete line 11
   60  and insert:
   61         entities; amending s. 565.02, F.S.; requiring the
   62         calculation of a specified excise tax to be based on
   63         the advertised volume per drink; providing
   64         applicability; providing an effective date.