The proposed bill establishes a new section, 561.1215, in the Florida Statutes, which allows distributors of vinous, spirituous, or malted beverages to deduct excise taxes for alcoholic beverages that become unsalable due to breakage, spoliation, evaporation, expiration, or unfitness for human consumption. The bill specifies the percentage of gross tax that can be deducted for each type of beverage: 0.49% for vinous, 0.15% for spirituous, and 0.20% or actual breakage for malt beverages. It also mandates that any breakage or spoliation must be documented by an authorized employee and requires distributors to choose their method of calculating breakage for malt beverages annually.
Additionally, the bill defines "extraordinary losses" as unusual losses resulting from acts of God, accidents during shipment, or product recalls, which are excluded from the standard deductions. Distributors must notify the division immediately upon such losses and provide proof before recovering any excise tax. The bill outlines the documentation required to substantiate extraordinary losses, including incident reports and statements regarding the destruction or recycling of the affected beverages. The division is tasked with inspecting remaining inventory and ensuring that excise taxes have not been recovered from other sources. The division is also authorized to adopt rules and forms to implement these provisions.