HB 0975

1	A bill to be entitled
2	An act relating to the Beverage Law; creating s. 561.585,
3	F.S.; authorizing direct shipment of wine for personal
4	consumption into this state by direct shippers; requiring
5	licensure of direct shippers; providing eligibility
6	requirements to be licensed; requiring recipient to be 21
7	years of age or older; requiring proof of age and
8	signature of recipient; requiring reports; requiring
9	payment of taxes by direct shippers; providing for
10	jurisdiction; providing penalties, including criminal
11	penalties, for certain violations relating to the shipment
12	of wine into this state and the receipt thereof; amending
13	ss. 561.54 and 561.545, F.S., to conform to the provisions
14	of s. 561.585, F.S.; amending s. 561.57, F.S.; including
15	Internet sales as sales construed to be actually made at
16	the vendor's licensed place of business; exempting common
17	carriers from certain report filing requirements;
18	requiring common carriers to verify the age of persons
19	receiving shipments; providing a defense to certain
20	actions; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 561.585, Florida Statutes, is created
25	to read:
26	561.585  Direct shipment of wine for personal
27	consumption.--
28	(1)  LICENSURE REQUIREMENTS.--Notwithstanding any provision
29	of the Beverage Law or any rule to the contrary, a person, firm,
30	corporation, or other entity that is licensed as a direct
31	shipper under this section may ship wine directly to any person
32	who is at least 21 years of age for personal use only and not
33	for resale. To obtain a direct shipper's license, an applicant
34	must:
35	(a)  Maintain a current license as a primary American
36	source of supply as provided in s. 564.045.
37	(b)  Provide to the division a true copy of its current
38	alcoholic beverage license issued by this state or another
39	state.
40	(c)  Pay a registration fee in the amount of $100.
41
42	A direct shipper may annually renew its direct shipper's license
43	with the division by providing to the division a true copy of
44	its current alcoholic beverage license and paying a renewal fee
45	in the amount of $100.
46	(2)  SIGNATURE.--Each direct shipper shall ensure that the
47	outside shipping label on each package containing wine shipped
48	under this section conspicuously states:
49
50	"SIGNATURE OF ADDRESSEE AGE 21 OR OLDER REQUIRED FOR
51	DELIVERY."
52
53	and require, prior to delivery, that the signature of the
54	addressee is obtained after presentation of a valid driver's
55	license, an identification card issued by this state or another
56	state of the United States, a passport, or a United States armed
57	services identification card.
58	(3)  MONTHLY REPORT.--Each direct shipper shall report
59	monthly to the division the total amount of wine by type shipped
60	into the state during the preceding month.
61	(4)  TAXES.--Each direct shipper shall pay monthly to the
62	Department of Revenue all sales taxes and to the division all
63	Florida excise taxes due on sales to persons in this state for
64	the preceding month. The amount of such taxes shall be
65	calculated as if the sale took place at the location where the
66	delivery occurred in this state. Each direct shipper shall
67	maintain records of its direct shipments to this state,
68	including the names, addresses, amounts, and dates of all
69	shipments to persons in this state, and shall allow the
70	Department of Revenue or the division, upon its request, to
71	perform an audit of such records.
72	(5)  JURISDICTION.--Each direct shipper is deemed to have
73	consented to the jurisdiction of the division or any other state
74	agency and the courts of this state concerning enforcement of
75	this section and any related laws or rules.
76	(6)  PENALTIES.--
77	(a)  In addition to the penalties provided by s. 561.545,
78	the division may suspend or revoke a direct shipper's license or
79	impose fines on the direct shipper for any violation of this
80	section.
81	(b)  A direct shipper who knowingly and intentionally
82	ships, or causes to be shipped, wine to any person in this state
83	who is younger than 21 years of age commits a felony of the
84	third degree, punishable as provided in s. 775.082, s. 775.083,
85	or s. 775.084.
86	(c)  Any common carrier or permit carrier or any operator
87	of a privately owned car, truck, bus, or other conveyance who
88	knowingly and intentionally transports wine from an out-of-state
89	location directly to any person in this state who is younger
90	than 21 years of age commits a felony of the third degree,
91	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
92	(d)  A person who obtains wine from a direct shipper in
93	violation of this section commits a misdemeanor of the second
94	degree, punishable as provided in s. 775.082 or s. 775.083.
95	Section 2.  Section 561.54, Florida Statutes, is amended to
96	read:
97	561.54  Certain deliveries of beverages prohibited.--
98	(1)  It is unlawful for common or permit carriers,
99	operators of privately owned cars, trucks, buses, or other
100	conveyances or out-of-state manufacturers or suppliers to make
101	delivery from without the state of any alcoholic beverage to any
102	person, association of persons, or corporation within the state,
103	except to qualified manufacturers, distributors, and exporters
104	of such beverages so delivered and to qualified bonded
105	warehouses in this state.
106	(2)  Any licensee aggrieved by a violation of this section
107	may bring an action in any court of competent jurisdiction to
108	recover for the state all moneys obtained by common carriers or
109	permit carriers; obtained by operators of privately owned cars,
110	trucks, buses, or other conveyances; or obtained by out-of-state
111	manufacturers or suppliers as a result of the delivery of
112	alcoholic beverages in violation of this section, and may obtain
113	a declaratory judgment that an act or practice violates this
114	section and enjoin any person from violating this section. In
115	addition to such relief, the court may order the confiscation
116	and destruction of any alcoholic beverages delivered in
117	violation of this section. In assessing damages, the court shall
118	enter judgment against a defendant for three times the amount of
119	the delivery charges proved or the fair market value of
120	merchandise unlawfully brought into the state. Payment or
121	satisfaction of any judgment under this section, other than for
122	costs and attorney's fees, shall be made in its entirety to the
123	state. In any successful action under this section, the court
124	shall award the plaintiff costs and reasonable attorney's fees.
125	(3)  This section does not apply to the shipment of wine by
126	a licensed direct shipper to a person 21 years of age or older
127	in accordance with s. 561.585.
128	Section 3.  Section 561.545, Florida Statutes, is amended
129	to read:
130	561.545  Certain shipments of beverages prohibited;
131	penalties; exceptions.--The Legislature finds that the direct
132	shipment of alcoholic beverages by persons in the business of
133	selling alcoholic beverages to residents of this state in
134	violation of the Beverage Law poses a serious threat to the
135	public health, safety, and welfare; to state revenue
136	collections; and to the economy of the state. The Legislature
137	further finds that the penalties for illegal direct shipment of
138	alcoholic beverages to residents of this state should be made
139	adequate to ensure compliance with the Beverage Law and that the
140	measures provided for in this section are fully consistent with
141	the powers conferred upon the state by the Twenty-first
142	Amendment to the United States Constitution.
143	(1)  Any person in the business of selling alcoholic
144	beverages who knowingly and intentionally ships, or causes to be
145	shipped, any alcoholic beverage from an out-of-state location
146	directly to any person in this state who does not hold a valid
147	manufacturer's or wholesaler's license or exporter's
148	registration issued by the Division of Alcoholic Beverages and
149	Tobacco or who is not a state-bonded warehouse is in violation
150	of this section.
151	(2)  Any common carrier or permit carrier or any operator
152	of a privately owned car, truck, bus, or other conveyance who
153	knowingly and intentionally transports any alcoholic beverage
154	from an out-of-state location directly to any person in this
155	state who does not hold a valid manufacturer's or wholesaler's
156	license or exporter's registration or who is not a state-bonded
157	warehouse is in violation of this section.
158	(3)  Any person found by the division to be in violation of
159	subsection (1) shall be issued a notice, by certified mail, to
160	show cause why a cease and desist order should not be issued.
161	Any person who violates subsection (1) within 2 years after
162	receiving a cease and desist order or within 2 years after a
163	prior conviction for violating subsection (1) commits a felony
164	of the third degree, punishable as provided in s. 775.082, s.
165	775.083, or s. 775.084.
166	(4)  Any common carrier or permit carrier, or any operator
167	of a privately owned car, truck, bus, or other conveyance found
168	by the division to be in violation of subsection (2) as a result
169	of a second or subsequent delivery from the same source and
170	location, within a 2-year period after the first delivery shall
171	be issued a notice, by certified mail, to show cause why a cease
172	and desist order should not be issued. Any person who violates
173	subsection (2) within 2 years after receiving the cease and
174	desist order or within 2 years after a prior conviction for
175	violating subsection (2) commits a felony of the third degree,
176	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
177	(5)  This section does not apply to:
178	(a)  The direct shipment of sacramental alcoholic beverages
179	to bona fide religious organizations as authorized by the
180	division; or to
181	(b)  The possession of alcoholic beverages in accordance
182	with s. 562.15(2); or
183	(c)  The shipment of wine by a licensed direct shipper to a
184	registered person 21 years of age or older in accordance with
185	this statute.
186	Section 4.  Subsections (1) and (6) of section 561.57,
187	Florida Statutes, are amended to read:
188	561.57  Deliveries by licensees.--
189	(1)  Vendors shall be permitted to make deliveries away
190	from their places of business of sales actually made at the
191	licensed place of business; provided, telephone or mail orders
192	received at vendor's licensed place of business shall be
193	construed as a sale actually made at the vendor's licensed place
194	of business. Nothing in this section shall prohibit Internet
195	orders received at a vendor's licensed place of business from
196	being construed as a sale actually made at the vendor's licensed
197	place of business.
198	(6)  Common carriers are not required to have vehicle
199	permits to transport alcoholic beverages. Nothing in this
200	section shall prohibit any common carrier or any licensee or
201	other person utilizing a common carrier as his or her agent from
202	making deliveries of alcoholic beverages within the state.
203	Deliveries of alcoholic beverages by common carriers, licensees,
204	or other persons utilizing common carriers as their agents are
205	exempt from the report filing requirements in s. 562.20. All
206	common carriers acting as designated agents for delivery shall
207	verify that any person receiving alcoholic beverages is at least
208	21 years of age upon the delivery of such alcoholic beverages,
209	as prescribed in division rules. The prescribed age verification
210	shall give the common carrier and the licensee or other person
211	hiring the common carrier a complete defense of selling, giving,
212	or serving alcoholic beverages to any person under the age of
213	21.
214	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.