Title: Distributors and Manufacturers of Wine and Liquor

Summary: Requires wine & liquor distributors to notify vendors in certain circumstances; authorizes vendors to purchase from other vendors in certain circumstances; provides requirements for distributors & manufacturers; provides penalties & remedies for violation of act.

Full Text:
An act relating to distributors and manufacturers of wine and liquor; creating ss. 564.034 and 565.034, F.S.; requiring wine and liquor distributors to notify vendors in certain circumstances; authorizing vendors to purchase from other vendors in certain circumstances; providing requirements for distributors and manufacturers; providing penalties and remedies; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 564.034, Florida Statutes, is created to read: 564.034 Relations between wine manufacturers, distributors, and vendors.-(1) A distributor that is unable to fulfill an order request from a vendor because the distributor does not have sufficient inventory of a specific product must notify the vendor of the delay or nondelivery of the product. Notwithstanding any other law, a vendor that has been notified under this subsection may purchase th especific product from another vendor for up to hours after receiving notice from the distributor. Notification includes, but is not limited to, a written, verbal, or electronic communication from a distributor. HB 1575 2022 If a vendor receives multiple notificati ons from a distributor, each notification may be used to authorize purchases from another vendor under this subsection. (2)(a) A distributor or manufacturer, or an officer, agent, or other representative thereof, must: 1. Meet the terms of any coupon provided to the vendor by a consumer, if the coupon was made available to the public by a manufacturer or distributor, or an officer, agent, or other representative thereof. 2. Make every coupon provided to a vendor available to all vendors. 3. Allow a vendor at least business days to accept the terms of an offer to purchase wine at a discounted price. (b) A distributor or manufacturer, or an officer, agent, or other representative thereof, may not: 1. Reimburse a vendor for the cost of separately packaged merchandise that is provided at no charge to the consumer concurrent with the sale of wine. 2. Willfully discriminate either directly or indirectly in the price offered to vendors if the effect of such discrimination is likely to substantially lessen competition. 3. Misrepresent the availability of any product to a vendor. 4. Take any retaliatory action against a vendor that files a complaint regarding an alleged violation of a state or federal HB 1575 2022 law or an administrative rule. (3) A violation of subsection (2) shall be considered to be an unfair method of competition and an unfair or deceptive act. Such acts are declared to be unlawful. Any person who violates any provision of this section is not subject to the criminal penalti es in the Beverage Law on account of such violation. (4)(a) In any action brought under this section, the court may grant temporary, preliminary, and final injunctive relief. If the court grants injunctive relief, bond may not be required to be posted. (b) In addition to temporary, preliminary, or final injunctive relief, any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in this section may bring an action therefor in the appropriate circuit court of this state and, if successful, shall recover the damages sustained and the costs of such action, including a reasonable attorney fee. (c) Without regard and in addition to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this section may bring an action to obtain a declaratory judgment that an act, action, or practice violates this section and to enjoin a manufacturer or distributor that has violated, is violating, or is otherwise likely to violate this secti on. HB 1575 2022 (d) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more persons may bring a class action for the benefit of the whole including actions for injunctive relief. (e) In an action for monetary damages, if a judge or jury finds that the defendant acted maliciously, the judge or jury may award punitive damages as authorized by general law. (f) The remedies provided in this subsectio nare in addition to any other civil remedies provided by general law or in equity. This subsection does not give rise to or foreclose any claim which would otherwise exist against the manufacturer or distributor by any proposed purchaser of the distributo r's business. Section 2. Section 565.034, Florida Statutes, is created to read: 565.034 Relations between liquor manufacturers, distributors, and vendors.-(1) A distributor that is unable to fulfill an order request from a vendor because the distributor does not have sufficient inventory of a specific product must notify the vendor of the delay or nondelivery of the product. Notwithstanding any other law, a vendor that has been notified under this subsection may purchase the specific product from another vendor for up to hours after receiving notice from HB 1575 2022 the distributor. Notification includes, but is not limited to, a written, verbal, or electronic commun ication from a distributor. If a vendor receives multiple notifications from a distributor, each notification may be used to authorize purchases from another vendor under this subsection. (2)(a) A distributor or manufacturer, or an officer, agent, or oth er representative thereof, must: 1. Meet the terms of any coupon provided to the vendor by a consumer, if the coupon was made available to the public by a manufacturer or distributor, or an officer, agent, or other representative thereof. 2. Make every coupon provided to a vendor available to all vendors. 3. Allow a vendor at least business days to accept the terms of an offer to purchase liquor at a discounted price. (b) A distributor or manufacturer, or an officer, agent, or other representative thereof, may not: 1. Reimburse a vendor for the cost of separately packaged merchandise that is provided at no charge to the consumer concurrent with the sale of liquor. 2. Willfully discriminate either directly or indirectly in the price offered to vendors if the effect of such discrimination is likely to substantially lessen competition. 3. Misrepresent the availability of any product to a vendor. HB 1575 2022 4. Take any retaliatory action against a vendor that files a complaint regarding an alleged violatio nof a state or federal law or an administrative rule. (3) A violation of subsection (2) shall be considered to be an unfair method of competition and an unfair or deceptive act. Such acts are declared to be unlawful. Any person who violates any provisio nof this section is not subject to the criminal penalties in the Beverage Law on account of such violation. (4)(a) In any action brought under this section, the court may grant temporary, preliminary, and final injunctive relief. If the court grants inj unctive relief, bond may not be required to be posted. (b) In addition to temporary, preliminary, or final injunctive relief, any person who is aggrieved or injured in his or her business or property by reason of anything forbidden in this section may br ing an action therefor in the appropriate circuit court of this state and, if successful, shall recover the damages sustained and the costs of such action, including a reasonable attorney fee. (c) Without regard and in addition to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this section may bring an action to obtain a declaratory judgment that an act, action, or practice violates this section and to enjoin a manufacturer or distributor that HB 1575 2022 has violated, is violating, or is otherwise likely to violate this section. (d) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more persons may bri ng a class action for the benefit of the whole including actions for injunctive relief. (e) In an action for monetary damages, if a judge or jury find that the defendant acted maliciously, the judge or jury may award punitive damages as authorized by general law. (f) The remedies provided in this subsection are in addition to any other civil remedies provided by general law or in equity. This subsection does not give rise to or foreclose any claim which would otherwise exist against the manufacturer or distributor by any proposed purchaser of the distributor's business. Section 3. This act shall take effect July 1, 2022.