Florida Senate - 2022 SB By Senator Wright 14-01311A-22 20221538__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to distilled spirits; creating s. 2 565.21, F.S.; prohibiting distributors or officers, 3 agents, or other representatives of a distributor from taking specified actions; authorizing courts to grant certain injunctive relief; prohibiting courts from requiring bond to be posted under certain circumstances; providing a cause of action for violations of the act; authorizing persons to bring class actions under certain circumstances; authorizing courts to award punitive damages under certain circumstances; providing construction; providing an effective date. 13

Be It Enacted by the Legislature of the State of Florida: 15

Section

Section 565.21, Florida Statutes, is created to read: 18 565.21 Relations between distilled spirits distributors and vendors.— 20 (1)(

a) A distributor or an officer, an agent, or another representative of a distributor may not do any of the following: 22 1. Fail to meet the terms of a coupon if a vendor accepts the coupon from a consumer and the coupon was made available to the public by a manufacturer or a distributor or an officer, 25 agent, or other representative of a manufacturer or distributor. 26 2.

Fail to make any coupon made available to a vendor available for every other vendor doing business with the distributor. 29 Florida Senate - 2022 SB 1538 14-01311A-22 20221538__ CODING: Words stricken are deletions; words underlined are additions. 3. If offering a discount for orders of certain quantities of distilled spirits products, fail to provide a reasonable opportunity for all vendors doing business with the distributor to purchase such discounted products within, at a minimum, a 3 -33 day period after providing the initial discount. 34 4.

Reimburse a vendor for the cost of separately packaged merchandise that is provided by the vendor to the consumer for free concurrent with the sale of a distilled spirits product. 37 5. Willfully discriminate, either directly or indirectly, 38 in a price offered to vendors, if the effect of such discrimination is likely to substantially lessen competition. 40 6. Misrepresent the availability of any product. 41 7. Take any retaliatory action against a vendor that files a complaint regarding an alleged violation of state or federal law or administrative rule by a distributor or manufacturer. 44

(

b) Any person who violates this subsection is not subject to criminal penalties under the Beverage Law for such violation. 46 (2)(

a) In any action brought for a violation of this section, the court has the authority to grant temporary, 48 preliminary, or final injunctive relief. If the court grants injunctive relief, the court may not require bond to be posted. 50

(

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 a violation of this

section may bring an action in the appropriate circuit court and, if successful, is entitled to recover the damages sustained and the costs of such action, including reasonable attorney fees. 56

(

c) Without regard and in addition to any other remedy or relief to which a person is entitled, anyone aggrieved by a Florida Senate - 2022 SB 1538 14-01311A-22 20221538__ CODING: Words stricken are deletions; words underlined are additions. violation of this

section may bring an action to obtain a declaratory judgment that

an act, an action, or a practice violates this

section and to enjoin a distributor that has violated, is violating, or is otherwise likely to violate this section. 63

(

d) If an action brought under this

section 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. 68

(

e) In an action brought under this

section for monetary damages, if a judge or jury finds that the defendant acted maliciously, punitive damages may be awarded as authorized under the laws of this state. 72

(

f) The remedies provided in this subsection are in addition to any other civil remedies provided by law or in equity. This subsection does not give rise to or foreclose any claim that would otherwise exist against a distributor by a vendor doing, or potentially doing, business with the distributor. 78

Section 2. This act shall take effect July 1, 2022. 79