2017 LEGISLATIVE SESSION WRAP-UP

May 10, 2017

 

BILLS HEADED TO THE GOVERNOR 

 

SB 106/HB 81-Walmart Bill-DEFEATED

Filed by Senator Flores (R-Miami) & Representative Avila (R-Miami)

After a very controversial passage in both the Florida Senate and House of Representatives, Governor Rick Scott veto SB 106.  We ran a strong grassroots campaign urging the Governor to veto this bad legislation.  FISA was successful for the fourth year in a row defeating out of state corporations like Walmart, Target, Walgreens, Whole Foods, Costco, etc. The bill would have allowed big-box grocery stores and gas stations with 10,000 square feet retail space to sell hard liquor inside their main store.   THANK YOU TO ALL THE FISA MEMBERS THAT WROTE GOVERNOR SCOTT URGING HIM TO VETO SB 106.

Bill Proposes;

  •  Liquor to be sold in grocery store & gas station
  •  4-year phased repeal of the existing package store restrictions
  • July 1, 2018, one business or 25 percent of a vendor’s businesses can operate without the restrictions;
  • July 1, 2019, two businesses or 50 percent of a vendor’s businesses;
  • July 1, 2020, three businesses or 75 percent of a vendor’s businesses; and
  • The restrictions expire June 30, 2021
  • Prohibits the division from issuing a package store license for any location or business located within 1,000 feet of a public or private school
  • Requires miniatures (200 milliliters or less) be sold from in a restricted area if sold in a big-box store
  • Gas stations with at least 10,000 square feet of retail space for the general public may be licensed to sell distilled spirits
  • Vendors may employ a person under the age of 18 only if the minor is supervised by a person 18 years of age or older

 

SB 166/HB 141-Craft Distilleries

Filed by Senator Steube (R-Sarasota) & Representative Stevenson (R-Saint Augustine)

HB 141 started as an 8 page bill, but was amended throughout the legislative process to only address s. 565.03, F.S.  The House bill was heard in only two committees; Careers & Competition Subcommittee and Commerce Committee.  The Senate bill was heard in four committees; Regulated Industries, Commerce & Tourism, Appropriations Subcommittee on General Government, and Appropriations.  HB 141 was substituted for SB 166.  HB 141 passed the Senate 31-0 and the House of Representatives 114-2.  The bill is headed to the Governor for action. 

Bill Proposes;

  • Changes the limitations of craft spirits sold in face-to-face transactions to six individual containers of each branded product

 

SB 400/HB 689-Division of Alcoholic Beverages & Tobacco

Filed by Senator Perry (R-Gainesville) and Representative Burton (R-Lakeland)

The Senate bill passed out of Regulated Industries, Appropriations Subcommittee on General Government, and Appropriations.  The house bill passed out of Careers & Competition Subcommittee and Commerce Committee.  HB 689 was substituted for SB 400.  The bill passed the House of Representatives 115-0 and the Senate 34-0.  The bill is headed to the Governor.

Bill proposes;

  • Gives the Division authority to appoint division personnel
  • Amends the method used to calculate the percentage of food and nonalcoholic beverages sold by a caterer licensed to sell beer, wine, and distilled spirits.  The percentage is based on a caterer’s gross food and nonalcoholic beverages revenue
  • Expands the types of records that a caterer must maintain to demonstrate compliance with its license.   A caterer must maintain all records and receipts for each catered event, including all contracts, customers’ names, locations, dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales
  • Repeals the $100 fee for a temporary alcoholic beverage license issued in connections with the transfer of a license to the purchaser of a licensed business
  • Repeals the fees for a temporary license issued in connection with an application to change the type or series of a license Allows the employment of persons under the age of 18 in a retail drug store, grocery store, etc. that sell distilled spirits.  For the sale of liquor, minors must be supervised by a person 18 years of age or older
  • Revises the definition of “wine” to include “sake”Reduces the annual license fee for a craft distillery from $4,000 to $1,000.  Distillery licenses that do not qualify as a craft distillery remain subject to the $4,000 annual license fee in current law

 

LOCAL BILLS

HB 1291-City of Jacksonville, Duval County

Filed by Representative Davis (D-Jacksonville)

The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Commerce Committee, and Government Accountability Committee.  The bill passed out of the House of Representatives 115-3 and the Senate 38-0.  The bill is headed to the Governor.

Bill proposes;

  • A business located inside of the Stadium District which is licensed to sell alcoholic beverages to patrons for consumption on the licensed premises may sell such beverages to patrons for consumption off the licensed premises but still within the Stadium District during a special event
  • Must pay a $100 application fee to DBPR in the manner required for a temporary expansion of the licensed premises
  • Jacksonville City Council by resolution shall specify no more than a 3-day period for each special event

 

HB 1293-City of Jacksonville, Duval County

Filed by Representative Davis (D-Jacksonville)

The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Careers & Competition Subcommittee, and Government Accountability Committee.  The bill passed out of the House of Representatives 115-2 and the Senate 38-0.  The bill is headed to the Governor.

Bill proposes;

  • Adds Murray Hill Commercial Area, Springfield Commercial Area, and San Marco Transportation Corridor to the special zones in downtown Jacksonville that are currently granted exceptions for space and seating requirements for liquor licenses

 

HB 1439-Charlotte County

Filed by Representative Grant (R-Port Charlotte)

The local bill passed favorably out of Local, Federal & Veterans Affairs Subcommittee, Careers & Competition Subcommittee, and Government Accountability Committee.  It passed out of the House of Representatives 118-0 and the Senate 38-0.  The bill is headed to the Governor.

Bill proposes;

  • Alcoholic Beverages & Tobacco may issue special alcoholic beverage licenses to event centers in Charlotte County which have a seating capacity of no more than 800 seats, an overall floor capacity of no more than 10,000 square feet, and derive no less than 51 percent of annual gross income from the sale of event center tickets and food and nonalcoholic beverages that are prepared, served, and consumed on such premises

 

BILLS DIED IN THE LEGISLATIVE PROCESS

SB 388/HB 423-Beverage Law

Filed by Senator Hutson (R-Palm Coast) and Representative La Rosa (R-Saint Cloud)

SB 388 died in Senate returning messages.  The Senate bill passed out of Regulated Industries, Commerce & Tourism, and Rules.  The House bill passed out of Careers & Competition Subcommittee and Commerce Committee.  SB 388 was substituted for HB 423.

Bill proposed;

  • Expands the “tied house evil” exemption in the bill for certain theme park vendors to include agreements between a vendor and an importer.  It requires that the arm’s length transaction must be a written agreement for naming rights, which includes the right to advertise cooperatively
  • Removes the prohibition against the agreement limiting, either directly or indirectly, the sale of alcoholic beverages from another manufacturer during or in connection with any sponsored event
  • Removes the limitation of 25 arm’s length financial transactions in effect during a calendar year with respect to each theme park
  • Creates an exception to the alcoholic beverage “tied house evil” law to permit a malt beverage distributor that has received glassware at no charge from a malt beverage manufacturer to give or sell such glassware to a vendor licensed to sell malt beverages for on-premises consumption
  • Prohibits the distributor from giving more than 10 cases that include up to 24 pieces per case of single-service glassware per brand, per licensed premises, per calendar year

 

SB 1254/HB 983-Dram Shop

Filed by Senator Rouson (D-St. Petersburg) and Representative Altman (R-Indialantic)

Both the Senate & House bill died in the committee process without ever having a hearing.  The bills were referred to Senate Criminal Justice, Judiciary, Rules and House Civil Justice & Claims Subcommittee, Careers & Competition Subcommittee, Judiciary Committee, but were never put on the agenda.

Bill proposed;

  • Person would be liable for knowingly furnishing alcoholic beverages to a person who is visibly intoxicated.  Person would be liable for injury or damage caused by or resulting from the furnishing of alcoholic beverages to such person
  • Person would be liable for knowingly furnishing alcoholic beverages to a minor that suffers injury or damage caused by or resulting from the furnishing of alcoholic beverages to the minor

 

SB 554/HB 679-Craft Breweries

Filed by Senator Young (R-Tampa) and Representative Clemons (R-Jonesville)

SB 554 died on the Senate Calendar.  The Senate bill passed out of Regulated Industries, Commerce & Tourism, Appropriations Subcommittee on General Government, and Appropriations, but was never considered for a vote by the entire Senate.  The House bill died in the committee process when it failed to have a hearing in any of the three committees assigned.

Bill proposed;

  • Authorized a craft brewery with a vendor’s license to sell, transport, and deliver its own beer from its brewery to other vendors. 
  • A craft brewery may distribute to a vendor only beer in kegs or similar containers that hold 5.16 gallons, 7.75 gallons, or 15.5 gallons
  • A craft brewery may not distribute to a vendor if it has a franchise agreement with a distributor to distribute its product anywhere in the state, or has a total production volume of more than 7,000 kegs of malt beverages a year
  • Allows brew pubs to transfer beer to a restaurant of common owner affiliation
  • Exempts certain deliveries made by a craft distillery to a vendor
  • Requires a brewery to deliver beer to a vendor in a vehicle owned by the brewery or in a vehicle owned by a person required to be disclosed on the alcoholic beverage application

 

SB 1040/HB 853-Malt Beverages

Filed by Senator Steube (R-Sarasota) and Representative Goodson (R-Merritt Island)

The Senate bill died in the committee process after passing out of Regulated Industries and Commerce & Tourism, but failed to be heard in the Rules Committee.  The House bill died on the House Calendar.  The bill passed favorably out of Careers & Competition Subcommittee and Commerce Committee.  The bill was placed on Special Order Calendar, but failed to be heard by the full House of Representatives.

Bill proposed;

  • A vendor licensed to sell malt beverages for on-premises consumption may accept glassware from a distributor, at no charge, subject to the following conditions
  • The distributor has received glassware at no charge from a malt beverage manufacturer or importer
  • The glassware is for on-premises consumption
  • The glassware advertises a permanent and prominent brand name
  • The total pieces of glassware, per licensed premises, does not exceed 3 cases per brand, for up to 3 malt beverage brands per manufacturer or importer per calendar year, for an annual total not to exceed 9 cases per premises
  • The vendor may not sell the glassware or return it to a distributor for cash, credit or replacement
  • Provides a definition for a “case” to mean a box containing up to 24 pieces of glassware and “glassware” means a glass container that holds up to 23 fluid ounces

 

SB 302/HB 1017-Penalties & Fees

Filed by Senator Brandes (R-St. Petersburg) and Representative Ingram (R-Pensacola)

SB 302 and HB 1017 died in the committee process.  SB 302 passed out of Transportation & Appropriations Subcommittee and Criminal & Civil Justice, but was never scheduled in the Appropriations Committee. HB 1017 passed out of Transportation & Infrastructure Subcommittee, but was never scheduled for its final two stops. 

Bill Proposed;

  • Removes suspension or revocation of a Driver’s License from the potential penalties that may be applied for providing alcohol to anyone under 21 years of age.

 

LOCAL BILL

SB 472-Charlotte County

Filed by Senator Grimsley (R-Lake Placid)

SB 472 died in the committee process.  The bill passed unanimously in Regulated Industries, but was never heard in its remaining committee assignments.  A companion bill in the House filed by Representative Grant passed favorably through the Legislative process.

Bill Proposed;

  • The Division of Alcoholic Beverages & Tobacco may issue special alcoholic beverage licenses to event centers in Charlotte County which have a seating capacity of no more than 800 seats, overall floor space of no more than 10,000 square feet, and derive no less than 51 percent of annual gross income from the sale of event center tickets and food and nonalcoholic beverages that are prepared, served, and consumed on such premises