CODING: Words stricken are deletions; words underlined are additions.House Bill 0725c1
Florida House of Representatives - 1997 CS/HB 725
By the Committee on Regulated Services and Representatives
Villalobos and Saunders
1 A bill to be entitled
2 An act relating to the Beverage Law; amending
3 s. 561.24, F.S.; including manufacturers of
4 wine within a group of manufacturers who may
5 not be licensed as distributors or registered
6 exporters; providing an exception; amending s.
7 561.501, F.S.; providing for a surcharge on
8 cider; creating s. 561.5101, F.S.; requiring
9 all alcoholic beverages brought into this state
10 to come to rest at a wholesaler's licensed
11 premises prior to sale; providing exceptions;
12 providing penalties; amending s. 561.54, F.S.;
13 providing for injunctive relief; providing for
14 confiscation and destruction of certain
15 alcoholic beverages; providing for treble
16 damages; providing for costs and attorney fees;
17 creating s. 561.545, F.S.; providing
18 legislative intent; prohibiting the direct
19 shipment of alcoholic beverages to any person
20 in the state other than a licensed manufacturer
21 or wholesaler, registered exporter, or state
22 bonded warehouse; providing penalties;
23 providing an exception for sacramental
24 alcoholic beverages; amending s. 561.68, F.S.,
25 relating to the licensure of salesmen of
26 spirituous or vinous beverages; providing an
27 exception; providing an effective date.
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29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (1), (2), (3), (4), and (5) of
2 section 561.24, Florida Statutes, are amended to read:
3 561.24 Licensing manufacturers as distributors or
4 registered exporters prohibited; procedure for issuance and
5 renewal of distributors' licenses and exporters'
6 registrations.--
7 (1) A manufacturer, rectifier, or distiller that
8 manufactures, rectifies, or distills spirituous liquors or
9 wine may not be granted a license as a distributor and may not
10 register as an exporter.
11 (2) A manufacturer, rectifier, or distiller that
12 manufactures, rectifies, or distills spirituous liquors or
13 wine may not be granted a renewal of a license or registration
14 previously held as a distributor or exporter.
15 (3) If the applicant for a distributor's license or
16 exporter's registration, or renewal thereof, is an individual
17 or copartnership, such individual or copartnership is within
18 the provisions of subsection (1) or subsection (2), as the
19 case may be, if the individual or any member of the
20 copartnership is interested or connected, directly or
21 indirectly, with any corporation which is engaged directly or
22 indirectly or through any subsidiary or affiliate corporation,
23 including any stock ownership as set forth in subsection (4),
24 in manufacturing, rectifying, or distilling spirituous liquors
25 or wine. If any individual or any member of such
26 copartnership within 6 months next preceding the making of an
27 application hereunder has been interested or connected as
28 provided by this subsection, such individual or such member of
29 the copartnership shall be prima facie presumed to be so
30 interested or connected with such corporation at the time of
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1 the making of the application, and such prima facie
2 presumption shall continue until overcome by the applicant.
3 (4) If the applicant for a distributor's license or
4 exporter's registration, or for the renewal thereof, is a
5 corporation, such corporation is within the provisions of
6 subsections (1) and (2), as the case may be, if such
7 corporation is affiliated with, directly or indirectly, any
8 other corporation which is engaged in manufacturing,
9 rectifying, or distilling spirituous liquors or wine or if
10 such applicant corporation is controlled by, or the majority
11 of stock therein is owned by, another corporation, which
12 latter corporation is engaged, directly or indirectly, in
13 manufacturing, rectifying, or distilling spirituous liquors or
14 wine.
15 (5) Notwithstanding any of the provisions of the
16 foregoing subsections, any corporation which holds a license
17 as a distributor on June 3, 1947, shall be entitled to a
18 renewal thereof, provided such corporation complies with all
19 of the provisions of the Beverage Law of Florida, as amended,
20 and of this section and establishes by satisfactory evidence
21 to the division board of county commissioners of the county
22 wherein the original license was issued that, during the
23 6-month period next preceding its application for such
24 renewal, of the total volume of its sales of spirituous
25 liquors, in either dollars or quantity, not more than 40
26 percent of such spirituous liquors sold by it, in either
27 dollars or quantity, were manufactured, rectified, or
28 distilled by any corporation with which the applicant is
29 affiliated, directly or indirectly, including any corporation
30 which owns or controls in any way any stock in the applicant
31 corporation or any corporation which is a subsidiary or
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1 affiliate of the corporation so owning stock in the applicant
2 corporation. Any manufacturer of wine holding a license as a
3 distributor on April 1, 1997, shall be entitled to a renewal
4 of such license notwithstanding the provisions of subsections
5 (1)-(5).
6 Section 2. Subsection (1) of section 561.501, Florida
7 Statutes, is amended to read:
8 561.501 Surcharge on sale of alcoholic beverages for
9 consumption on the premises; penalty.--
10 (1) Notwithstanding s. 561.50 or any other provision
11 of the Beverage Law, a surcharge of 10 cents is imposed upon
12 each ounce of liquor and each 4 ounces of wine, a surcharge of
13 6 cents is imposed on each 12 ounces of cider, and a surcharge
14 of 4 cents is imposed on each 12 ounces of beer sold at retail
15 for consumption on premises licensed by the division as an
16 alcoholic beverage vendor.
17 Section 3. Section 561.5101, Florida Statutes, is
18 created to read:
19 561.5101 Come-to-rest requirement applicable to all
20 alcoholic beverages; providing exceptions; providing
21 penalties.--
22 (1) For purposes of inspection and tax revenue
23 control, all alcoholic beverages brought into this state from
24 another state or country must come to rest at the licensed
25 premises of an alcoholic beverage wholesaler in this state
26 before being sold to a vendor by the wholesaler. The
27 prohibition contained in this subsection shall not apply to
28 the shipment of those brands of distilled spirits or vinous or
29 malt beverages commonly known as private labels.
30 (2) Any person, in another state or country in the
31 business of selling alcoholic beverages, who knowingly and
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1 intentionally ships alcoholic beverages into this state in a
2 manner inconsistent with the requirements of subsection (1),
3 whether to a vendor or to an ultimate consumer, commits a
4 felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083 or s. 775.084.
6 Section 4. Section 561.54, Florida Statutes, is
7 amended to read:
8 561.54 Certain deliveries of beverages prohibited.--
9 (1) It is unlawful for common or permit carriers,
10 operators of privately owned cars, trucks, buses, or other
11 conveyances or out-of-state manufacturers or suppliers to make
12 delivery from without the state of any alcoholic beverage to
13 any person, association of persons, or corporation within the
14 state, except to qualified manufacturers, distributors, and
15 exporters of such beverages so delivered and to qualified
16 bonded warehouses in this state.
17 (2) Any licensee aggrieved by a violation of this
18 section may bring an action in any court of competent
19 jurisdiction to recover for the state all moneys obtained by
20 common or permit carriers, operators of privately owned cars,
21 trucks, buses, or other conveyances or obtained by
22 out-of-state manufacturers or suppliers as a result of the
23 delivery of alcoholic beverages in violation of this section
24 and may obtain a declaratory judgment that an act or practice
25 violates this section and enjoin any person who is violating
26 or has violated this section. In addition to such relief, the
27 court may order the confiscation and destruction of any
28 alcoholic beverages delivered in violation of this section.
29 In assessing damages, the court shall enter judgment against a
30 defendant for three times the amount of the delivery charges
31 proved or the fair market value of merchandise unlawfully
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1 brought into the state. Payment or satisfaction of any
2 judgment under this section, other than for attorney's fees
3 and costs, shall be made in its entirety to the state. In any
4 successful action under this section, the court shall award
5 the plaintiff costs and reasonable attorney's fees.
6 Section 5. Section 561.545, Florida Statutes, is
7 created to read:
8 561.545 Certain shipments of beverages prohibited;
9 providing penalties; providing an exception for sacramental
10 beverages.--The Legislature finds, determines, and declares
11 that the direct shipment of alcoholic beverages by persons in
12 the business of selling alcoholic beverages to residents of
13 this state in violation of the Beverage Law poses a serious
14 threat to the public health, safety, and welfare, to state
15 revenue collections, and to the economy of the state. The
16 Legislature further finds, determines, and declares that the
17 present penalties for illegal direct shipment of alcoholic
18 beverages to residents of this state are not adequate to
19 ensure compliance with the Beverage Law and that the measures
20 provided for in this section are fully consistent with the
21 powers conferred upon the State of Florida by the Twenty-first
22 Amendment to the United States Constitution.
23 (1) Any person in the business of selling alcoholic
24 beverages who knowingly and intentionally ships, or causes to
25 be shipped, any alcoholic beverage directly to any person in
26 this state who does not hold a valid manufacturer's or
27 wholesaler's license or exporter's registration issued by the
28 Division of Alcoholic Beverages and Tobacco or who is not a
29 state bonded warehouse is in violation of this section.
30 (2) Any common or permit carrier, operator of
31 privately owned car, truck, bus, or other conveyance who
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1 knowingly and intentionally transports any alcoholic beverage
2 directly to any person in this state who does not hold a valid
3 manufacturer's or wholesaler's license or exporter's
4 registration or who is not a state bonded warehouse is in
5 violation of this section.
6 (3) Any person found by the division to be in
7 violation of subsection (1) or subsection (2) shall be issued
8 a cease and desist order by certified mail. Any person who,
9 after receiving a cease and desist order, is found by the
10 division to be in violation of subsection (1) or subsection
11 (2) for a second or subsequent occurrence, within a 2-year
12 period after the first violation, commits a felony of the
13 third degree, punishable as provided in s. 775.082, s. 775.083
14 or s. 775.084.
15 (4) This section shall not apply to the direct
16 shipment of sacramental alcoholic beverages to bona fide
17 religious organizations as authorized by the division.
18 Section 6. Paragraph (a) of subsection (1) of section
19 561.68, Florida Statutes, is amended to read:
20 561.68 Licensure; distributor's salesmen; providing
21 exceptions.--
22 (1)(a) Before any person may solicit or sell to
23 vendors or become employed as a salesman of spirituous or
24 vinous beverages for a licensed Florida distributor in
25 accordance with the provisions of this section, such person
26 shall file with the district supervisor of the district of the
27 Division of Alcoholic Beverage and Tobacco in which the
28 distributor's premises is located a sworn application for a
29 license on forms provided by the division. Prior to any
30 application being approved, the division shall require the
31 applicant to file a fee of $50 and file a set of fingerprints
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1 on regular United States Department of Justice forms. The
2 licensure requirement provided in this paragraph shall not
3 apply to the solicitation or sale of cider.
4 Section 7. This act shall take effect upon becoming a
5 law.
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