Florida 2022 Regular Session

Florida House Bill H1575 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1575 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to distributors and manufacturers of 2
16	16	wine and liquor; creating ss. 564.034 and 565.034, 3
17	17	F.S.; requiring wine and liquor distributors to notify 4
18	18	vendors in certain circumstances; authorizing vendors 5
19	19	to purchase from other vendors in certain 6
20	20	circumstances; providing requirements for distributors 7
21	21	and manufacturers; providing penalties and remedies; 8
22	22	providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of the State of Florida: 11
25	25	12
26	26	Section 1. Section 564.034, Florida Statutes, is created 13
27	27	to read: 14
28	28	564.034 Relations between wine manufacturers, 15
29	29	distributors, and vendors. — 16
30	30	(1) A distributor that is unable to fulfill an order 17
31	31	request from a vendor because the distributor does not have 18
32	32	sufficient inventory of a specific product must notify the 19
33	33	vendor of the delay or nondelivery of the product. 20
34	34	Notwithstanding any other law, a vendor that has been notified 21
35	35	under this subsection may purchase th e specific product from 22
36	36	another vendor for up to 24 hours after receiving notice from 23
37	37	the distributor. Notification includes, but is not limited to, a 24
38	38	written, verbal, or electronic communication from a distributor. 25
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40	40	HB 1575 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	If a vendor receives multiple notificati ons from a distributor, 26
52	52	each notification may be used to authorize purchases from 27
53	53	another vendor under this subsection. 28
54	54	(2)(a) A distributor or manufacturer, or an officer, 29
55	55	agent, or other representative thereof, must: 30
56	56	1. Meet the terms of any coupon p rovided to the vendor by 31
57	57	a consumer, if the coupon was made available to the public by a 32
58	58	manufacturer or distributor, or an officer, agent, or other 33
59	59	representative thereof. 34
60	60	2. Make every coupon provided to a vendor available to all 35
61	61	vendors. 36
62	62	3. Allow a vendor at least 3 business days to accept the 37
63	63	terms of an offer to purchase wine at a discounted price. 38
64	64	(b) A distributor or manufacturer, or an officer, agent, 39
65	65	or other representative thereof, may not: 40
66	66	1. Reimburse a vendor for the cost of separately packaged 41
67	67	merchandise that is provided at no charge to the consumer 42
68	68	concurrent with the sale of wine. 43
69	69	2. Willfully discriminate either directly or indirectly in 44
70	70	the price offered to vendors if the effect of such 45
71	71	discrimination is likely to substantially l essen competition. 46
72	72	3. Misrepresent the availability of any product to a 47
73	73	vendor. 48
74	74	4. Take any retaliatory action against a vendor that files 49
75	75	a complaint regarding an alleged violation of a state or federal 50
76	76
77	77	HB 1575 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1575-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	law or an administrative rule. 51
89	89	(3) A violation of subsection (2) shall be considered to 52
90	90	be an unfair method of competition and an unfair or deceptive 53
91	91	act. Such acts are declared to be unlawful. Any person who 54
92	92	violates any provision of this section is not subject to the 55
93	93	criminal penalties in the Beverage Law on account of such 56
94	94	violation. 57
95	95	(4)(a) In any action brought under this section, the court 58
96	96	may grant temporary, preliminary, and final injunctive relief. 59
97	97	If the court grants injunctive relief, bond may not be required 60
98	98	to be posted. 61
99	99	(b) In addition to temporary, preliminary, or final 62
100	100	injunctive relief, any person who is aggrieved or injured in his 63
101	101	or her business or property by reason of anything forbidden in 64
102	102	this section may bring an action therefor in the appropriate 65
103	103	circuit court of this state and, if successful, shall recover 66
104	104	the damages sustained and the costs of such action, including a 67
105	105	reasonable attorney fee. 68
106	106	(c) Without regard and in addition to any other remedy or 69
107	107	relief to which a person is entitled, anyone aggrieved by a 70
108	108	violation of this section may bring an action to obtain a 71
109	109	declaratory judgment that an act, action, or practice violates 72
110	110	this section and to enjoin a manufacturer or distributor that 73
111	111	has violated, is violating, or is otherwise likely to violate 74
112	112	this section. 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(d) When such action is one of common or general interest 76
126	126	to many persons or when the parties are numerous and it is 77
127	127	impracticable to bring them all before the court, one or more 78
128	128	persons may bring a class action for the benefit of the whole 79
129	129	including actions for injunctive relief. 80
130	130	(e) In an action for monetary damages, if a judge or jury 81
131	131	finds that the defendant acted maliciously, the judge or jury 82
132	132	may award punitive damages as authorized by general law. 83
133	133	(f) The remedies provided in this subsectio n are in 84
134	134	addition to any other civil remedies provided by general law or 85
135	135	in equity. This subsection does not give rise to or foreclose 86
136	136	any claim which would otherwise exist against the manufacturer 87
137	137	or distributor by any proposed purchaser of the distributo r's 88
138	138	business. 89
139	139	Section 2. Section 565.034, Florida Statutes, is created 90
140	140	to read: 91
141	141	565.034 Relations between liquor manufacturers, 92
142	142	distributors, and vendors. — 93
143	143	(1) A distributor that is unable to fulfill an order 94
144	144	request from a vendor because the distributor does not have 95
145	145	sufficient inventory of a specific product must notify the 96
146	146	vendor of the delay or nondelivery of the product. 97
147	147	Notwithstanding any other law, a vendor that has been notified 98
148	148	under this subsection may purchase the specific product from 99
149	149	another vendor for up to 24 hours after receiving notice from 100
150	150
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	the distributor. Notification includes, but is not limited to, a 101
163	163	written, verbal, or electronic commun ication from a distributor. 102
164	164	If a vendor receives multiple notifications from a distributor, 103
165	165	each notification may be used to authorize purchases from 104
166	166	another vendor under this subsection. 105
167	167	(2)(a) A distributor or manufacturer, or an officer, 106
168	168	agent, or other representative thereof, must: 107
169	169	1. Meet the terms of any coupon provided to the vendor by 108
170	170	a consumer, if the coupon was made available to the public by a 109
171	171	manufacturer or distributor, or an officer, agent, or other 110
172	172	representative thereof. 111
173	173	2. Make every coupon provided to a vendor available to all 112
174	174	vendors. 113
175	175	3. Allow a vendor at least 3 business days to accept the 114
176	176	terms of an offer to purchase liquor at a discounted price. 115
177	177	(b) A distributor or manufacturer, or an officer, agent, 116
178	178	or other representative thereof, may not: 117
179	179	1. Reimburse a vendor for the cost of separately packaged 118
180	180	merchandise that is provided at no charge to the consumer 119
181	181	concurrent with the sale of liquor. 120
182	182	2. Willfully discriminate either directly or indirectly in 121
183	183	the price offered to v endors if the effect of such 122
184	184	discrimination is likely to substantially lessen competition. 123
185	185	3. Misrepresent the availability of any product to a 124
186	186	vendor. 125
187	187
188	188	HB 1575 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	4. Take any retaliatory action against a vendor that files 126
200	200	a complaint regarding an alleged violatio n of a state or federal 127
201	201	law or an administrative rule. 128
202	202	(3) A violation of subsection (2) shall be considered to 129
203	203	be an unfair method of competition and an unfair or deceptive 130
204	204	act. Such acts are declared to be unlawful. Any person who 131
205	205	violates any provisio n of this section is not subject to the 132
206	206	criminal penalties in the Beverage Law on account of such 133
207	207	violation. 134
208	208	(4)(a) In any action brought under this section, the court 135
209	209	may grant temporary, preliminary, and final injunctive relief. 136
210	210	If the court grants inj unctive relief, bond may not be required 137
211	211	to be posted. 138
212	212	(b) In addition to temporary, preliminary, or final 139
213	213	injunctive relief, any person who is aggrieved or injured in his 140
214	214	or her business or property by reason of anything forbidden in 141
215	215	this section may bring an action therefor in the appropriate 142
216	216	circuit court of this state and, if successful, shall recover 143
217	217	the damages sustained and the costs of such action, including a 144
218	218	reasonable attorney fee. 145
219	219	(c) Without regard and in addition to any other remedy or 146
220	220	relief to which a person is entitled, anyone aggrieved by a 147
221	221	violation of this section may bring an action to obtain a 148
222	222	declaratory judgment that an act, action, or practice violates 149
223	223	this section and to enjoin a manufacturer or distributor that 150
224	224
225	225	HB 1575 2022
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1575-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	has violated, is violating, or is otherwise likely to violate 151
237	237	this section. 152
238	238	(d) When such action is one of common or general interest 153
239	239	to many persons or when the parties are numerous and it is 154
240	240	impracticable to bring them all before the court, one or more 155
241	241	persons may bring a class action for the benefit of the whole 156
242	242	including actions for injunctive relief. 157
243	243	(e) In an action for monetary damages, if a judge or jury 158
244	244	find that the defendant acted maliciously, the judge or jury may 159
245	245	award punitive damages as authorized by general law. 160
246	246	(f) The remedies provided in this subsection are in 161
247	247	addition to any other civil remedies provided by general law or 162
248	248	in equity. This subsection does not give rise to or foreclose 163
249	249	any claim which would otherwise exist against the manufacturer 164
250	250	or distributor by any proposed purchaser of the distributor's 165
251	251	business. 166
252	252	Section 3. This act shall take effect July 1, 2022. 167