HB 247

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 into this state
4	for personal consumption or vendor resale; requiring
5	licensure of direct shippers; providing eligibility
6	requirements to be licensed; requiring recipient to be 21
7	years of age or older or a vendor licensed to sell
8	alcoholic beverages for resale; requiring proof of age and
9	signature of recipient; requiring monthly reports by
10	direct shippers; requiring payment of taxes by direct
11	shippers; providing for jurisdiction; providing
12	administrative and criminal penalties; amending ss. 561.54
13	and 561.545, F.S., to conform to the provisions of s.
14	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 consumption
27	or vendor resale.--
28	(1)  LICENSURE REQUIREMENTS.--
29	(a)  Notwithstanding any provision of the Beverage Law or
30	any rule to the contrary, a person, firm, corporation, or other
31	entity that is licensed as a direct shipper under this section
32	may ship wine directly to:
33	1.  Any person who is at least 21 years of age, for
34	personal use only and not for resale; or
35	2.  Vendors licensed to sell alcoholic beverages for
36	resale.
37	(b)  To obtain a direct shipper's license, an applicant
38	must:
39	1.  Maintain a current license as a primary American source
40	of supply as provided in s. 564.045.
41	2.  Provide to the division a true copy of its current
42	alcoholic beverage license issued by this state or another
43	state.
44	3.  Pay a registration fee in the amount of $100.
45	(c)  A direct shipper may annually renew its direct
46	shipper's license with the division by providing to the division
47	a true copy of its current alcoholic beverage license and paying
48	a renewal fee in the amount of $100.
49	(2)  SIGNATURE.--Each direct shipper shall ensure that the
50	outside shipping label on each package containing wine shipped
51	under this section conspicuously states:
52
53	"SIGNATURE OF ADDRESSEE AGE 21 OR OLDER REQUIRED FOR
54	DELIVERY."
55
56	and require, prior to delivery, that the signature of the
57	addressee is obtained after presentation of a valid driver's
58	license, an identification card issued by this state or another
59	state of the United States, a passport, or a United States armed
60	services identification card.
61	(3)  MONTHLY REPORT.--Each direct shipper shall report
62	monthly to the division the total amount of wine by type shipped
63	into the state during the preceding month.
64	(4)  TAXES.--Each direct shipper shall pay monthly to the
65	Department of Revenue all sales taxes and to the division all
66	Florida excise taxes due on sales to persons in this state for
67	the preceding month. The amount of such taxes shall be
68	calculated as if the sale took place at the location where the
69	delivery occurred in this state. Each direct shipper shall
70	maintain records of its direct shipments to this state,
71	including the names, addresses, amounts, and dates of all
72	shipments to persons in this state, and shall allow the
73	Department of Revenue or the division, upon its request, to
74	perform an audit of such records.
75	(5)  JURISDICTION.--Each direct shipper is deemed to have
76	consented to the jurisdiction of the division or any other state
77	agency and the courts of this state concerning enforcement of
78	this section and any related laws or rules.
79	(6)  PENALTIES.--
80	(a)  In addition to the penalties provided by s. 561.545,
81	the division may suspend or revoke a direct shipper's license or
82	impose fines on the direct shipper for any violation of this
83	section.
84	(b)  A direct shipper who knowingly and intentionally
85	ships, or causes to be shipped, wine to any person in this state
86	who is younger than 21 years of age commits a felony of the
87	third degree, punishable as provided in s. 775.082, s. 775.083,
88	or s. 775.084.
89	(c)  Any common carrier or permit carrier or any operator
90	of a privately owned car, truck, bus, or other conveyance who
91	knowingly and intentionally transports wine from an out-of-state
92	location directly to any person in this state who is younger
93	than 21 years of age commits a felony of the third degree,
94	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
95	(d)  A person who obtains wine from a direct shipper in
96	violation of this section commits a misdemeanor of the second
97	degree, punishable as provided in s. 775.082 or s. 775.083.
98	Section 2.  Section 561.54, Florida Statutes, is amended to
99	read:
100	561.54  Certain deliveries of beverages prohibited.--
101	(1)  It is unlawful for common or permit carriers,
102	operators of privately owned cars, trucks, buses, or other
103	conveyances or out-of-state manufacturers or suppliers to make
104	delivery from without the state of any alcoholic beverage to any
105	person, association of persons, or corporation within the state,
106	except to qualified manufacturers, distributors, and exporters
107	of such beverages so delivered and to qualified bonded
108	warehouses in this state.
109	(2)  Any licensee aggrieved by a violation of this section
110	may bring an action in any court of competent jurisdiction to
111	recover for the state all moneys obtained by common carriers or
112	permit carriers; obtained by operators of privately owned cars,
113	trucks, buses, or other conveyances; or obtained by out-of-state
114	manufacturers or suppliers as a result of the delivery of
115	alcoholic beverages in violation of this section, and may obtain
116	a declaratory judgment that an act or practice violates this
117	section and enjoin any person from violating this section. In
118	addition to such relief, the court may order the confiscation
119	and destruction of any alcoholic beverages delivered in
120	violation of this section. In assessing damages, the court shall
121	enter judgment against a defendant for three times the amount of
122	the delivery charges proved or the fair market value of
123	merchandise unlawfully brought into the state. Payment or
124	satisfaction of any judgment under this section, other than for
125	costs and attorney's fees, shall be made in its entirety to the
126	state. In any successful action under this section, the court
127	shall award the plaintiff costs and reasonable attorney's fees.
128	(3)  This section does not apply to the shipment of wine by
129	a licensed direct shipper to a person 21 years of age or older
130	or a vendor licensed to sell alcoholic beverages for resale in
131	accordance with s. 561.585.
132	Section 3.  Section 561.545, Florida Statutes, is amended
133	to read:
134	561.545  Certain shipments of beverages prohibited;
135	penalties; exceptions.--The Legislature finds that the direct
136	shipment of alcoholic beverages by persons in the business of
137	selling alcoholic beverages to residents of this state in
138	violation of the Beverage Law poses a serious threat to the
139	public health, safety, and welfare; to state revenue
140	collections; and to the economy of the state. The Legislature
141	further finds that the penalties for illegal direct shipment of
142	alcoholic beverages to residents of this state should be made
143	adequate to ensure compliance with the Beverage Law and that the
144	measures provided for in this section are fully consistent with
145	the powers conferred upon the state by the Twenty-first
146	Amendment to the United States Constitution.
147	(1)  Any person in the business of selling alcoholic
148	beverages who knowingly and intentionally ships, or causes to be
149	shipped, any alcoholic beverage from an out-of-state location
150	directly to any person in this state who does not hold a valid
151	manufacturer's or wholesaler's license or exporter's
152	registration issued by the Division of Alcoholic Beverages and
153	Tobacco or who is not a state-bonded warehouse is in violation
154	of this section.
155	(2)  Any common carrier or permit carrier or any operator
156	of a privately owned car, truck, bus, or other conveyance who
157	knowingly and intentionally transports any alcoholic beverage
158	from an out-of-state location directly to any person in this
159	state who does not hold a valid manufacturer's or wholesaler's
160	license or exporter's registration or who is not a state-bonded
161	warehouse is in violation of this section.
162	(3)  Any person found by the division to be in violation of
163	subsection (1) shall be issued a notice, by certified mail, to
164	show cause why a cease and desist order should not be issued.
165	Any person who violates subsection (1) within 2 years after
166	receiving a cease and desist order or within 2 years after a
167	prior conviction for violating subsection (1) commits a felony
168	of the third degree, punishable as provided in s. 775.082, s.
169	775.083, or s. 775.084.
170	(4)  Any common carrier or permit carrier, or any operator
171	of a privately owned car, truck, bus, or other conveyance found
172	by the division to be in violation of subsection (2) as a result
173	of a second or subsequent delivery from the same source and
174	location, within a 2-year period after the first delivery shall
175	be issued a notice, by certified mail, to show cause why a cease
176	and desist order should not be issued. Any person who violates
177	subsection (2) within 2 years after receiving the cease and
178	desist order or within 2 years after a prior conviction for
179	violating subsection (2) commits a felony of the third degree,
180	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
181	(5)  This section does not apply to:
182	(a)  The direct shipment of sacramental alcoholic beverages
183	to bona fide religious organizations as authorized by the
184	division; or to
185	(b)  The possession of alcoholic beverages in accordance
186	with s. 562.15(2); or
187	(c)  The shipment of wine by a licensed direct shipper to a
188	person 21 years of age or older or a vendor licensed to sell
189	alcoholic beverages for resale in accordance with s. 561.585.
190	Section 4.  Subsections (1) and (6) of section 561.57,
191	Florida Statutes, are amended to read:
192	561.57  Deliveries by licensees.--
193	(1)  Vendors shall be permitted to make deliveries away
194	from their places of business of sales actually made at the
195	licensed place of business; provided, telephone or mail orders
196	received at vendor's licensed place of business shall be
197	construed as a sale actually made at the vendor's licensed place
198	of business. Nothing in this section shall prohibit Internet
199	orders received at a vendor's licensed place of business from
200	being construed as a sale actually made at the vendor's licensed
201	place of business.
202	(6)  Common carriers are not required to have vehicle
203	permits to transport alcoholic beverages. Nothing in this
204	section shall prohibit any common carrier or any licensee or
205	other person utilizing a common carrier as his or her agent from
206	making deliveries of alcoholic beverages within the state.
207	Deliveries of alcoholic beverages by common carriers or by
208	licensees or other persons utilizing common carriers as their
209	agents under this section are exempt from the report filing
210	requirements in s. 562.20. All common carriers acting as
211	designated agents for delivery under this section shall verify
212	that any person receiving alcoholic beverages is at least 21
213	years of age upon the delivery of such alcoholic beverages, as
214	prescribed in division rules. The prescribed age verification
215	shall give the common carrier and the licensee or other person
216	hiring the common carrier a complete defense of selling, giving,
217	or serving alcoholic beverages to any person under the age of
218	21.
219	Section 5.  This act shall take effect upon becoming a law.

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