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