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:
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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
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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
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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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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
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2 HOUSE SUMMARY
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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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