House Bill 4321
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Florida House of Representatives - 1998 HB 4321
By Representatives Safley, Arnall, Ritter and Brown
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. 561.595, 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. 561.595, 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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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 with
18 respect to the sale for a period of 3 years. A vendor who
19 fails to maintain accurate documentation concerning all
20 vendor-to-vendor sales is subject to administrative sanctions
21 for that violation.
22 Section 2. Section 561.595, Florida Statutes, is
23 created to read:
24 561.595 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 House of Representatives - 1998 HB 4321
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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 license 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 shall:
13 (a) Not ship more than 24 bottles per month to any
14 person or address.
15 (b) 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) Annually report to the division the total of wine
20 by type which the licensee shipped into the state during the
21 preceding calendar year.
22 (d) Annually pay to the Department of Revenue all
23 sales taxes and excise taxes due on sales to residents of this
24 state during 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) Allow the Department of Revenue, upon its request,
28 to perform an audit of the out-of-state shipper's records.
29 (f) Be deemed to have consented to the jurisdiction of
30 the Division of Alcoholic Beverages and Tobacco or any other
31 state agency and the courts of this state concerning
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1 enforcement of this section and any related laws, rules, or
2 regulations.
3 (4) The out-of-state shipper may annually renew its
4 license with the division by paying a renewal fee in the
5 amount of $100 and providing to the division a true copy of
6 its current alcoholic beverage license issued by another
7 state.
8 (5) The division may adopt rules to administer this
9 section.
10 (6) The division may enforce this section by
11 administrative proceedings to suspend or revoke an
12 out-of-state shipper's license, and the division may accept in
13 lieu of suspension the payment of a fine or an offer in
14 compromise, as the division provides by rule.
15 (7) Direct shipments of wine from out of state to
16 consumers in this state from persons who do not possess a
17 valid out-of-state shipper's license or other permit or
18 license from the Division of Alcoholic Beverages and Tobacco
19 are prohibited. Any person who knowingly makes, participates
20 in, transports, imports, or receives such a shipment from
21 outside this state in violation of this section commits a
22 misdemeanor of the second degree, punishable as provided in s.
23 775.082 or s. 775.083.
24 Section 3. Section 561.54, Florida Statutes, is
25 amended to read:
26 561.54 Certain deliveries of beverages prohibited.--
27 (1) It is unlawful for common or permit carriers,
28 operators of privately owned cars, trucks, buses, or other
29 conveyances or out-of-state manufacturers or suppliers to make
30 delivery from without the state of any alcoholic beverage to
31 any person, association of persons, or corporation within the
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1 state, except to qualified manufacturers, distributors, and
2 exporters of such beverages so delivered and to qualified
3 bonded warehouses in this state.
4 (2) Any licensee aggrieved by a violation of this
5 section may bring an action in any court of competent
6 jurisdiction to recover for the state all moneys obtained by
7 common carriers or permit carriers; obtained by operators of
8 privately owned cars, trucks, buses, or other conveyances; or
9 obtained by out-of-state manufacturers or suppliers as a
10 result of the delivery of alcoholic beverages in violation of
11 this section, and may obtain a declaratory judgment that an
12 act or practice violates this section and enjoin any person
13 from violating this section. In addition to such relief, the
14 court may order the confiscation and destruction of any
15 alcoholic beverages delivered in violation of this section.
16 In assessing damages, the court shall enter judgment against a
17 defendant for three times the amount of the delivery charges
18 proved or the fair market value of merchandise unlawfully
19 brought into the state. Payment or satisfaction of any
20 judgment under this section, other than for costs and
21 attorney's fees, shall be made in its entirety to the state.
22 In any successful action under this section, the court shall
23 award the plaintiff costs and reasonable attorney's fees.
24 (3) This section does not apply to wine that is
25 direct-shipped under s. 561.595.
26 Section 4. Section 561.545, Florida Statutes, is
27 amended to read:
28 561.545 Certain shipments of beverages prohibited;
29 penalties; exceptions.--The Legislature finds that the direct
30 shipment of alcoholic beverages by persons in the business of
31 selling alcoholic beverages to residents of this state in
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1 violation of the Beverage Law poses a serious threat to the
2 public health, safety, and welfare; to state revenue
3 collections; and to the economy of the state. The Legislature
4 further finds that the penalties for illegal direct shipment
5 of alcoholic beverages to residents of this state should be
6 made adequate to ensure compliance with the Beverage Law and
7 that the measures provided for in this section are fully
8 consistent with the powers conferred upon the state by the
9 Twenty-first Amendment to the United States Constitution.
10 (1) Any person in the business of selling alcoholic
11 beverages who knowingly and intentionally ships, or causes to
12 be shipped, any alcoholic beverage from an out-of-state
13 location directly to any person in this state who does not
14 hold a valid manufacturer's or wholesaler's license or
15 exporter's registration issued by the Division of Alcoholic
16 Beverages and Tobacco or who is not a state-bonded warehouse
17 is in violation of this section.
18 (2) Any common carrier or permit carrier or any
19 operator of a privately owned car, truck, bus, or other
20 conveyance who knowingly and intentionally transports any
21 alcoholic beverage from an out-of-state location directly to
22 any person in this state who does not hold a valid
23 manufacturer's or wholesaler's license or exporter's
24 registration or who is not a state-bonded warehouse is in
25 violation of this section.
26 (3) Any person found by the division to be in
27 violation of subsection (1) shall be issued a notice, by
28 certified mail, to show cause why a cease and desist order
29 should not be issued. Any person who violates subsection (1)
30 within 2 years after receiving a cease and desist order or
31 within 2 years after a prior conviction for violating
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1 subsection (1) commits a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
4 (4) Any common carrier or permit carrier, or any
5 operator of a privately owned car, truck, bus, or other
6 conveyance found by the division to be in violation of
7 subsection (2) as a result of a second or subsequent delivery
8 from the same source and location, within a 2-year period
9 after the first delivery shall be issued a notice, by
10 certified mail, to show cause why a cease and desist order
11 should not be issued. Any person who violates subsection (2)
12 within 2 years after receiving the cease and desist order or
13 within 2 years after a prior conviction for violating
14 subsection (2) commits a felony of the third degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084.
17 (5) This section does not apply to the direct shipment
18 of sacramental alcoholic beverages to bona fide religious
19 organizations as authorized by the division or to possession
20 of alcoholic beverages in accordance with s. 562.15(2).
21 (6) This section does not apply to wine that is
22 direct-shipped under s. 561.595.
23 Section 5. This act shall take effect upon becoming a
24 law.
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2 LEGISLATIVE SUMMARY
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Allows vendor-to-vendor sales of wine or spirits under
4 specified conditions. Exempts such sales from the
alcoholic beverage surcharge that is imposed under s.
5 561.501, F.S. Requires records of vendor-to-vendor sales
to be maintained by both parties to the sale for a period
6 of 3 years. Provides for administrative sanctions to be
imposed for recordkeeping violations. Provides for the
7 direct shipping of no more than 24 bottles of wine per
month to any resident of this state who is at least 21
8 years old. Requires out-of-state shippers to have a
license obtained from the Division of Alcoholic Beverages
9 and Tobacco. Provides prohibitions. Provides a penalty.
Provides for administrative enforcement. Provides that
10 ss. 561.54 and 561.545, F.S., do not apply to direct
out-of-state shipments of wine to residents of this
11 state.
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