Senate Bill 1906
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Florida Senate - 1998 SB 1906
By Senators Latvala, Bronson and Harris
19-581B-98
1 A bill to be entitled
2 An act relating to the Beverage Law; amending
3 s. 561.14, F.S.; allowing vendor-to-vendor
4 sales; establishing limits; providing an
5 exemption from the alcoholic beverage
6 surcharge; requiring the maintenance of certain
7 records; providing for administrative sanctions
8 to be imposed for recordkeeping violations;
9 creating s. 561.59, F.S.; providing for direct
10 shipping of a limited amount of wine from out
11 of state to certain residents of this state;
12 requiring shippers to have an out-of-state
13 shipper's license; providing prohibitions;
14 providing a penalty; providing for
15 administrative enforcement; amending ss.
16 561.54, 561.545, F.S.; providing that those
17 sections are inapplicable to wine that is
18 shipped under s. 561.59, F.S.; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (3) of section 561.14, Florida
24 Statutes, is amended to read:
25 561.14 License and registration
26 classification.--Licenses and registrations referred to in the
27 Beverage Law shall be classified as follows:
28 (3)(a) Vendors licensed to sell alcoholic beverages at
29 retail only. No vendor shall purchase or acquire in any manner
30 for the purpose of resale any alcoholic beverages from any
31 person not licensed as a vendor, manufacturer, bottler, or
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Florida Senate - 1998 SB 1906
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1 distributor under the Beverage Law. Purchases of alcoholic
2 beverages by vendors from vendors shall be strictly limited to
3 purchases between members of a pool buying group for which the
4 initial purchase of the alcoholic beverages was ordered by a
5 pool buying agent as a single transaction. No vendor shall be
6 a member of more than one cooperative or pool buying group at
7 any time. No vendor shall import, or engage in the
8 importation of, any alcoholic beverages from places beyond the
9 limits of the state.
10 (b) Notwithstanding the provisions of paragraph (a), a
11 vendor may purchase wine or spirits from a vendor licensed to
12 sell alcoholic beverages for off-premises consumption in a
13 cumulative amount not to exceed $1,000 annually. Wine or
14 spirits purchased and subsequently resold pursuant to this
15 paragraph are exempt from collection of the alcoholic beverage
16 surcharge imposed under s. 561.501. Records of
17 vendor-to-vendor sales must be maintained by both parties to
18 the sale for a period of 3 years. A vendor who fails to
19 maintain accurate documentation concerning all
20 vendor-to-vendor sales is subject to administrative sanctions
21 for that violation.
22 Section 2. Section 561.59, Florida Statutes, is
23 created to read:
24 561.59 Direct shipping for resident's personal use.--
25 (1) Notwithstanding any provision of the Beverage Law
26 or any rule or regulation to the contrary, a person who is
27 licensed in another state as a wine producer, supplier,
28 importer, wholesaler, distributor, or retailer and who obtains
29 an out-of-state shipper's license under this section may ship,
30 directly to a resident of this state who is at least 21 years
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Florida Senate - 1998 SB 1906
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1 of age, 24 bottles or less per month of wine for the
2 resident's personal use and not for resale.
3 (2) Before sending any shipment to a resident of this
4 state, an out-of-state shipper must first:
5 (a) File with the Division of Alcoholic Beverages and
6 Tobacco an application for an out-of-state shipper's license;
7 (b) Pay a registration fee in the amount of $100;
8 (c) Provide to the division a true copy of its current
9 alcoholic beverage license issued in the other state; and
10 (d) Obtain from the division an out-of-state shipper's
11 license.
12 (3) Each out-of-state shipper licensee:
13 (a) May ship no more than 24 bottles per month to any
14 person.
15 (b) Shall ensure that each container of wine which is
16 shipped directly to a resident in this state is conspicuously
17 labeled with the words "SIGNATURE OF PERSON AGE 21 OR OLDER
18 REQUIRED FOR DELIVERY."
19 (c) Shall annually report to the division the total of
20 wine by type which the licensee shipped into the state during
21 the preceding calendar year.
22 (d) Shall annually pay to the Department of Revenue
23 all sales taxes and excise taxes due on sales to residents of
24 this state in the preceding calendar year, the amount of such
25 taxes to be calculated as if the sale were made in this state
26 at the location where the delivery took place.
27 (e) Shall allow the Department of Revenue, upon its
28 request, to perform an audit of the out-of-state shipper's
29 records.
30 (f) Is considered to have consented to the
31 jurisdiction of the Division of Alcoholic Beverages and
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1 Tobacco or any other state agency and the courts of this state
2 concerning enforcement of this section and any related laws,
3 rules, or regulations.
4 (4) The out-of-state shipper may annually renew its
5 license with the division by paying a renewal fee in the
6 amount of $100 and providing to the division a true copy of
7 its current alcoholic beverage license issued by another
8 state.
9 (5) The division may adopt rules to administer this
10 section.
11 (6) The division may enforce this section by
12 administrative proceedings to suspend or revoke an
13 out-of-state shipper's license, and the division may accept in
14 lieu of suspension the payment of a fine or an offer in
15 compromise, as the division provides by rule.
16 (7) Shipments of wine from out of state directly to
17 consumers in this state from persons who do not possess a
18 valid out-of-state shipper's license or other permit or
19 license from the Division of Alcoholic Beverages and Tobacco
20 are prohibited. Any person who knowingly makes, participates
21 in, transports, imports, or receives such a shipment from
22 outside this state in violation of this section commits a
23 misdemeanor of the second degree, punishable as provided in s.
24 775.082 or s. 775.083.
25 Section 3. Section 561.54, Florida Statutes, is
26 amended to read:
27 561.54 Certain deliveries of beverages prohibited.--
28 (1) It is unlawful for common or permit carriers,
29 operators of privately owned cars, trucks, buses, or other
30 conveyances or out-of-state manufacturers or suppliers to make
31 delivery from without the state of any alcoholic beverage to
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1 any person, association of persons, or corporation within the
2 state, except to qualified manufacturers, distributors, and
3 exporters of such beverages so delivered and to qualified
4 bonded warehouses in this state.
5 (2) Any licensee aggrieved by a violation of this
6 section may bring an action in any court of competent
7 jurisdiction to recover for the state all moneys obtained by
8 common carriers or permit carriers; obtained by operators of
9 privately owned cars, trucks, buses, or other conveyances; or
10 obtained by out-of-state manufacturers or suppliers as a
11 result of the delivery of alcoholic beverages in violation of
12 this section, and may obtain a declaratory judgment that an
13 act or practice violates this section and enjoin any person
14 from violating this section. In addition to such relief, the
15 court may order the confiscation and destruction of any
16 alcoholic beverages delivered in violation of this section.
17 In assessing damages, the court shall enter judgment against a
18 defendant for three times the amount of the delivery charges
19 proved or the fair market value of merchandise unlawfully
20 brought into the state. Payment or satisfaction of any
21 judgment under this section, other than for costs and
22 attorney's fees, shall be made in its entirety to the state.
23 In any successful action under this section, the court shall
24 award the plaintiff costs and reasonable attorney's fees.
25 (3) This section does not apply to wine that is
26 direct-shipped under s. 561.59.
27 Section 4. Section 561.545, Florida Statutes, is
28 amended to read:
29 561.545 Certain shipments of beverages prohibited;
30 penalties; exceptions.--The Legislature finds that the direct
31 shipment of alcoholic beverages by persons in the business of
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1 selling alcoholic beverages to residents of this state in
2 violation of the Beverage Law poses a serious threat to the
3 public health, safety, and welfare; to state revenue
4 collections; and to the economy of the state. The Legislature
5 further finds that the penalties for illegal direct shipment
6 of alcoholic beverages to residents of this state should be
7 made adequate to ensure compliance with the Beverage Law and
8 that the measures provided for in this section are fully
9 consistent with the powers conferred upon the state by the
10 Twenty-first Amendment to the United States Constitution.
11 (1) Any person in the business of selling alcoholic
12 beverages who knowingly and intentionally ships, or causes to
13 be shipped, any alcoholic beverage from an out-of-state
14 location directly to any person in this state who does not
15 hold a valid manufacturer's or wholesaler's license or
16 exporter's registration issued by the Division of Alcoholic
17 Beverages and Tobacco or who is not a state-bonded warehouse
18 is in violation of this section.
19 (2) Any common carrier or permit carrier or any
20 operator of a privately owned car, truck, bus, or other
21 conveyance who knowingly and intentionally transports any
22 alcoholic beverage from an out-of-state location directly to
23 any person in this state who does not hold a valid
24 manufacturer's or wholesaler's license or exporter's
25 registration or who is not a state-bonded warehouse is in
26 violation of this section.
27 (3) Any person found by the division to be in
28 violation of subsection (1) shall be issued a notice, by
29 certified mail, to show cause why a cease and desist order
30 should not be issued. Any person who violates subsection (1)
31 within 2 years after receiving a cease and desist order or
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1 within 2 years after a prior conviction for violating
2 subsection (1) commits a felony of the third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 (4) Any common carrier or permit carrier, or any
6 operator of a privately owned car, truck, bus, or other
7 conveyance found by the division to be in violation of
8 subsection (2) as a result of a second or subsequent delivery
9 from the same source and location, within a 2-year period
10 after the first delivery shall be issued a notice, by
11 certified mail, to show cause why a cease and desist order
12 should not be issued. Any person who violates subsection (2)
13 within 2 years after receiving the cease and desist order or
14 within 2 years after a prior conviction for violating
15 subsection (2) commits a felony of the third degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084.
18 (5) This section does not apply to the direct shipment
19 of sacramental alcoholic beverages to bona fide religious
20 organizations as authorized by the division or to possession
21 of alcoholic beverages in accordance with s. 562.15(2).
22 (6) This section does not apply to wine that is
23 direct-shipped under s. 561.59.
24 Section 5. This act shall take effect upon becoming a
25 law.
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2 SENATE SUMMARY
3 Allows vendor-to-vendor sales of wine or spirits under
specified conditions. Exempts such sales from the
4 alcoholic beverage surcharge that is imposed under s.
561.501, F.S. Requires records of vendor-to-vendor sales
5 to be maintained by both parties to the sale for a period
of 3 years. Provides for administrative sanctions to be
6 imposed for recordkeeping violations. Provides for the
direct shipping of no more than 24 bottles of wine per
7 month to any resident of this state who is at least 21
years old. Requires out-of-state shippers to have a
8 license obtained from the Division of Alcoholic Beverages
and Tobacco. Provides prohibitions. Provides a penalty.
9 Provides for administrative enforcement. Provides that
ss. 561.54 and 561.545, F.S., do not apply to direct
10 out-of-state shipments of wine to residents of this
state.
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