Florida Shipping Update
Courtesy of FreeTheGrapes.org
Thanks very much for the enthusiastic response to events in Florida. Here’s an update on this week’s activities in Tallahassee, and an urgent Action item. In summary, we need to continue sending the message that legislation, if it must pass, must not include a discriminatory, anti-consumer “cap” that bans shipments from wineries or wine companies producing over an arbitrary production level.
UPDATE
Senate Bills 126 and 2282 Combined, Continue to Include Cap
These two anti-consumer bills were combined into one (SB126) and passed out of committee by an 8-0 vote on April 9. SB126 now goes to the Criminal Justice Committee, then to Finance & Taxation Committee before reaching the Senate floor.
SB126 will be the subject of a public hearing next Tuesday and we are inviting Floridians to speak. If anyone on your mailing list can attend, they should call our colleague Susanne Dudley at Core Message at (850) 519-5759 or (850) 222-3767, or email her at Susanne@coremessage.com. She can provide more information.
Senate Criminal Justice Committee
Tuesday, April 17, 2007
2:00 – 4:00 pm
The Capitol
Senate Office Building, Room 401
Senator Saunders’ bill continues to include a “cap” that will ban winery-to-consumer shipments from any winery or wine company producing more than 250,000 gallons. It will likely land in court and that may lead to a ban on all shipments until litigation is resolved. (As you probably know, laws in AZ, KY and MA with a similar “cap” provision are being challenged in court.)
House Bill 1217, Without Cap, to be Reconsidered Next Week
While HB1217 was defeated in committee yesterday by a 7-6 vote, it will be reconsidered next week – wine wholesalers were not successful in attaching a “cap” amendment to the bill. Representative Bogdanoff’s bill would provide us all with a proven set of provisions that would replace the current ruling by Florida’s alcohol regulators, the Department of Business & Professional Regulation (DBPR).
DBPR Still Threatening to Revoke All Direct Shipping May 5
Based on the DBPR’s website, industry representatives are still assuming the department intends to revoke the direct-to-consumer wine shipping privilege on May 5, unless some form of legislation passes. But the DBPR does not appear to be interested in whether or not such legislation is good or bad for Florida voters and constituents, despite the obvious interest that consumers have shown in wine direct shipping (case sales and taxes collected). You can view the website at the following link:
http://www.myflorida.com/dbpr/abt/auditing/wine_shipments/wine_shipment_into_florida.shtml
We need wine lovers to continue sending the “Don’t Cap My Wine” message. There is no regulatory reason for banning wineries from direct shipping only because they produce over some arbitrary number of gallons – it is merely a wine wholesaler special interest tactic to entrench their state-sanctioned monopoly in wine distribution. And it will likely lead to a lawsuit challenging the cap that may stifle all direct shipping while litigation is underway.
Sample Letter
Date
The Honorable Burt L. Saunders
Florida Senate
Fax 1-888-263-7893
Or Call Senator Saunders at (850) 487-5124
The Honorable Ron Reagan
Florida House of Representatives
Fax 850-414-6882
Or Call Representative Reagan at (850) 488-6341
Dear Senator Saunders and Representative Reagan,
As an adult voter of Florida, I urge you to support legal, regulated wine direct shipping by opposing any efforts to pass an anti-consumer bill with an arbitrary “cap” that discriminates against wineries based on their production.
I want to continue purchasing limited amounts of my favorite wines, from any winery, regardless of their production size or location. The DBPR’s regulatory ruling that began allowing direct shipments has been a boon to wine lovers like me. According to the DBPR’s website, the number of wineries filing shipping reports and paying the required excise taxes has increased from 0 to more than 500. From July 2006 through January 2007, out of state wineries shipped approximately 30,000 cases and paid more than $157,000 in excise taxes. By all accounts, the transition has been a success.
But the DBPR’s website implies that this regulatory ruling will be revoked on May 5 unless legislation is passed. If that’s the case, I support Representative Bogdanoff’s House Bill 1217 without a cap, which currently includes provisions shown to be successful in the majority of U.S. states, and gives consumers like me the ability to choose from wineries licensed to ship to Florida.
If you are going to replace the ruling with legislation, I hope that you will support a bill without a cap, and place consumer choice ahead of special interests. If so, you will be heroes for constituents across the state.
Sincerely,
Your Name
Street Address
City, FLORIDA Zip Code