House Bill hb1163

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    Florida House of Representatives - 2001                HB 1163

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to the Beverage Law; creating

  3         s. 561.548, F.S.; authorizing direct shipment

  4         of wine from outside the state to certain

  5         charitable organizations for fundraising

  6         purposes; exempting such wine from the excise

  7         tax on wine; amending s. 562.15, F.S.;

  8         authorizing possession of not more than 24

  9         bottles of wine purchased outside the state and

10         brought, shipped, or caused to be shipped into

11         the state by the possessor, under certain

12         circumstances; amending s. 561.545, F.S., which

13         prohibits certain shipments of beverages, to

14         conform; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 561.548, Florida Statutes, is

19  created to read:

20         561.548  Direct shipment of wine.--Notwithstanding any

21  other provision of the Beverage Law to the contrary, any

22  charitable organization may receive wine directly from an

23  out-of-state shipper for purposes of fundraising if all

24  proceeds and profits are deposited with the organization. Any

25  such wine shall be exempt from the excise tax provisions of s.

26  564.06.  Any bottles of wine that are not sold at the

27  fundraising event must be returned to the out-of-state

28  shipper.  For purposes of this section, "charitable

29  organization" means an organization that holds a current tax

30  exemption from federal income tax under s. 501(c)(3) of the

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    Florida House of Representatives - 2001                HB 1163

    578-141-01






  1  Internal Revenue Code, as amended, and that is exempt from the

  2  sales and use taxes imposed by chapter 212.

  3         Section 2.  Section 562.15, Florida Statutes, is

  4  amended to read:

  5         562.15  Unlawful possession; unpaid taxes;

  6  exemptions.--It is unlawful for any person to own or possess

  7  within this state any alcoholic beverage, unless full

  8  compliance has been had with the pertinent provisions of the

  9  Beverage Law as to payment of excise taxes on beverages of

10  like alcohol content.  However, this section shall not apply:

11         (1)  To manufacturers or distributors licensed under

12  the Beverage Law, to state bonded warehouses, or to common

13  carriers.; or

14         (2)  To persons possessing not in excess of 1 gallon of

15  such beverages if the beverage shall have been purchased by

16  said possessor outside of the state in accordance with the

17  laws of the place where purchased and shall have been brought

18  into this state by said possessor.  The burden of proof that

19  such beverages were purchased outside the state and in

20  accordance with the laws of the place where purchased shall in

21  all cases be upon the possessor of such beverages.

22         (3)  To persons possessing not in excess of 24 bottles

23  of wine, as defined by s. 564.01, if the wine has been

24  purchased by the possessor outside of the state in accordance

25  with the laws of the place where purchased and has been

26  brought, shipped, or caused to be shipped into this state by

27  the possessor.  The burden of proof that such beverages were

28  purchased outside the state and in accordance with the laws of

29  the place where purchased shall in all cases be upon the

30  possessor of such beverages.

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    Florida House of Representatives - 2001                HB 1163

    578-141-01






  1         Section 3.  Subsection (5) of section 561.545, Florida

  2  Statutes, is amended to read:

  3         561.545  Certain shipments of beverages prohibited;

  4  penalties; exceptions.--The Legislature finds that the direct

  5  shipment of alcoholic beverages by persons in the business of

  6  selling alcoholic beverages to residents of this state in

  7  violation of the Beverage Law poses a serious threat to the

  8  public health, safety, and welfare; to state revenue

  9  collections; and to the economy of the state.  The Legislature

10  further finds that the penalties for illegal direct shipment

11  of alcoholic beverages to residents of this state should be

12  made adequate to ensure compliance with the Beverage Law and

13  that the measures provided for in this section are fully

14  consistent with the powers conferred upon the state by the

15  Twenty-first Amendment to the United States Constitution.

16         (1)  Any person in the business of selling alcoholic

17  beverages who knowingly and intentionally ships, or causes to

18  be shipped, any alcoholic beverage from an out-of-state

19  location directly to any person in this state who does not

20  hold a valid manufacturer's or wholesaler's license or

21  exporter's registration issued by the Division of Alcoholic

22  Beverages and Tobacco or who is not a state-bonded warehouse

23  is in violation of this section.

24         (2)  Any common carrier or permit carrier or any

25  operator of a privately owned car, truck, bus, or other

26  conveyance who knowingly and intentionally transports any

27  alcoholic beverage from an out-of-state location directly to

28  any person in this state who does not hold a valid

29  manufacturer's or wholesaler's license or exporter's

30  registration or who is not a state-bonded warehouse is in

31  violation of this section.

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    Florida House of Representatives - 2001                HB 1163

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  1         (3)  Any person found by the division to be in

  2  violation of subsection (1) shall be issued a notice, by

  3  certified mail, to show cause why a cease and desist order

  4  should not be issued. Any person who violates subsection (1)

  5  within 2 years after receiving a cease and desist order or

  6  within 2 years after a prior conviction for violating

  7  subsection (1) commits a felony of the third degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084.

10         (4)  Any common carrier or permit carrier, or any

11  operator of a privately owned car, truck, bus, or other

12  conveyance found by the division to be in violation of

13  subsection (2) as a result of a second or subsequent delivery

14  from the same source and location, within a 2-year period

15  after the first delivery shall be issued a notice, by

16  certified mail, to show cause why a cease and desist order

17  should not be issued. Any person who violates subsection (2)

18  within 2 years after receiving the cease and desist order or

19  within 2 years after a prior conviction for violating

20  subsection (2) commits a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         (5)  This section does not apply to the direct shipment

24  of sacramental alcoholic beverages to bona fide religious

25  organizations as authorized by the division, to direct

26  shipment of wine to a charitable organization as authorized by

27  s. 561.548, or to possession of alcoholic beverages in

28  accordance with s. 562.15(2) or (3).

29         Section 4.  This act shall take effect upon becoming a

30  law.

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    Florida House of Representatives - 2001                HB 1163

    578-141-01






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  2                          HOUSE SUMMARY

  3
      Authorizes direct shipment of wine from outside the state
  4    to certain charitable organizations for fundraising
      purposes, and exempts such wine from excise tax.
  5    Authorizes possession of not more than 24 bottles of wine
      purchased outside the state and brought, shipped, or
  6    caused to be shipped into the state by the possessor,
      under certain circumstances.
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