HB 247

A bill to be entitled
2An act relating to the Beverage Law; creating s. 561.585,
3F.S.; authorizing direct shipment of wine into this state
4for personal consumption or vendor resale; requiring
5licensure of direct shippers; providing eligibility
6requirements to be licensed; requiring recipient to be 21
7years of age or older or a vendor licensed to sell
8alcoholic beverages for resale; requiring proof of age and
9signature of recipient; requiring monthly reports by
10direct shippers; requiring payment of taxes by direct
11shippers; providing for jurisdiction; providing
12administrative and criminal penalties; amending ss. 561.54
13and 561.545, F.S., to conform to the provisions of s.
14561.585, F.S.; amending s. 561.57, F.S.; including
15Internet sales as sales construed to be actually made at
16the vendor's licensed place of business; exempting common
17carriers from certain report filing requirements;
18requiring common carriers to verify the age of persons
19receiving shipments; providing a defense to certain
20actions; providing an effective date.
22Be It Enacted by the Legislature of the State of Florida:
24     Section 1.  Section 561.585, Florida Statutes, is created
25to read:
26     561.585  Direct shipment of wine for personal consumption
27or vendor resale.--
29     (a)  Notwithstanding any provision of the Beverage Law or
30any rule to the contrary, a person, firm, corporation, or other
31entity that is licensed as a direct shipper under this section
32may ship wine directly to:
33     1.  Any person who is at least 21 years of age, for
34personal use only and not for resale; or
35     2.  Vendors licensed to sell alcoholic beverages for
37     (b)  To obtain a direct shipper's license, an applicant
39     1.  Maintain a current license as a primary American source
40of supply as provided in s. 564.045.
41     2.  Provide to the division a true copy of its current
42alcoholic beverage license issued by this state or another
44     3.  Pay a registration fee in the amount of $100.
45     (c)  A direct shipper may annually renew its direct
46shipper's license with the division by providing to the division
47a true copy of its current alcoholic beverage license and paying
48a renewal fee in the amount of $100.
49     (2)  SIGNATURE.--Each direct shipper shall ensure that the
50outside shipping label on each package containing wine shipped
51under this section conspicuously states:
56and require, prior to delivery, that the signature of the
57addressee is obtained after presentation of a valid driver's
58license, an identification card issued by this state or another
59state of the United States, a passport, or a United States armed
60services identification card.
61     (3)  MONTHLY REPORT.--Each direct shipper shall report
62monthly to the division the total amount of wine by type shipped
63into the state during the preceding month.
64     (4)  TAXES.--Each direct shipper shall pay monthly to the
65Department of Revenue all sales taxes and to the division all
66Florida excise taxes due on sales to persons in this state for
67the preceding month. The amount of such taxes shall be
68calculated as if the sale took place at the location where the
69delivery occurred in this state. Each direct shipper shall
70maintain records of its direct shipments to this state,
71including the names, addresses, amounts, and dates of all
72shipments to persons in this state, and shall allow the
73Department of Revenue or the division, upon its request, to
74perform an audit of such records.
75     (5)  JURISDICTION.--Each direct shipper is deemed to have
76consented to the jurisdiction of the division or any other state
77agency and the courts of this state concerning enforcement of
78this section and any related laws or rules.
79     (6)  PENALTIES.--
80     (a)  In addition to the penalties provided by s. 561.545,
81the division may suspend or revoke a direct shipper's license or
82impose fines on the direct shipper for any violation of this
84     (b)  A direct shipper who knowingly and intentionally
85ships, or causes to be shipped, wine to any person in this state
86who is younger than 21 years of age commits a felony of the
87third degree, punishable as provided in s. 775.082, s. 775.083,
88or s. 775.084.
89     (c)  Any common carrier or permit carrier or any operator
90of a privately owned car, truck, bus, or other conveyance who
91knowingly and intentionally transports wine from an out-of-state
92location directly to any person in this state who is younger
93than 21 years of age commits a felony of the third degree,
94punishable 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
96violation of this section commits a misdemeanor of the second
97degree, punishable as provided in s. 775.082 or s. 775.083.
98     Section 2.  Section 561.54, Florida Statutes, is amended to
100     561.54  Certain deliveries of beverages prohibited.--
101     (1)  It is unlawful for common or permit carriers,
102operators of privately owned cars, trucks, buses, or other
103conveyances or out-of-state manufacturers or suppliers to make
104delivery from without the state of any alcoholic beverage to any
105person, association of persons, or corporation within the state,
106except to qualified manufacturers, distributors, and exporters
107of such beverages so delivered and to qualified bonded
108warehouses in this state.
109     (2)  Any licensee aggrieved by a violation of this section
110may bring an action in any court of competent jurisdiction to
111recover for the state all moneys obtained by common carriers or
112permit carriers; obtained by operators of privately owned cars,
113trucks, buses, or other conveyances; or obtained by out-of-state
114manufacturers or suppliers as a result of the delivery of
115alcoholic beverages in violation of this section, and may obtain
116a declaratory judgment that an act or practice violates this
117section and enjoin any person from violating this section. In
118addition to such relief, the court may order the confiscation
119and destruction of any alcoholic beverages delivered in
120violation of this section. In assessing damages, the court shall
121enter judgment against a defendant for three times the amount of
122the delivery charges proved or the fair market value of
123merchandise unlawfully brought into the state. Payment or
124satisfaction of any judgment under this section, other than for
125costs and attorney's fees, shall be made in its entirety to the
126state. In any successful action under this section, the court
127shall award the plaintiff costs and reasonable attorney's fees.
128     (3)  This section does not apply to the shipment of wine by
129a licensed direct shipper to a person 21 years of age or older
130or a vendor licensed to sell alcoholic beverages for resale in
131accordance with s. 561.585.
132     Section 3.  Section 561.545, Florida Statutes, is amended
133to read:
134     561.545  Certain shipments of beverages prohibited;
135penalties; exceptions.--The Legislature finds that the direct
136shipment of alcoholic beverages by persons in the business of
137selling alcoholic beverages to residents of this state in
138violation of the Beverage Law poses a serious threat to the
139public health, safety, and welfare; to state revenue
140collections; and to the economy of the state. The Legislature
141further finds that the penalties for illegal direct shipment of
142alcoholic beverages to residents of this state should be made
143adequate to ensure compliance with the Beverage Law and that the
144measures provided for in this section are fully consistent with
145the powers conferred upon the state by the Twenty-first
146Amendment to the United States Constitution.
147     (1)  Any person in the business of selling alcoholic
148beverages who knowingly and intentionally ships, or causes to be
149shipped, any alcoholic beverage from an out-of-state location
150directly to any person in this state who does not hold a valid
151manufacturer's or wholesaler's license or exporter's
152registration issued by the Division of Alcoholic Beverages and
153Tobacco or who is not a state-bonded warehouse is in violation
154of this section.
155     (2)  Any common carrier or permit carrier or any operator
156of a privately owned car, truck, bus, or other conveyance who
157knowingly and intentionally transports any alcoholic beverage
158from an out-of-state location directly to any person in this
159state who does not hold a valid manufacturer's or wholesaler's
160license or exporter's registration or who is not a state-bonded
161warehouse is in violation of this section.
162     (3)  Any person found by the division to be in violation of
163subsection (1) shall be issued a notice, by certified mail, to
164show cause why a cease and desist order should not be issued.
165Any person who violates subsection (1) within 2 years after
166receiving a cease and desist order or within 2 years after a
167prior conviction for violating subsection (1) commits a felony
168of the third degree, punishable as provided in s. 775.082, s.
169775.083, or s. 775.084.
170     (4)  Any common carrier or permit carrier, or any operator
171of a privately owned car, truck, bus, or other conveyance found
172by the division to be in violation of subsection (2) as a result
173of a second or subsequent delivery from the same source and
174location, within a 2-year period after the first delivery shall
175be issued a notice, by certified mail, to show cause why a cease
176and desist order should not be issued. Any person who violates
177subsection (2) within 2 years after receiving the cease and
178desist order or within 2 years after a prior conviction for
179violating subsection (2) commits a felony of the third degree,
180punishable 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
183to bona fide religious organizations as authorized by the
184division; or to
185     (b)  The possession of alcoholic beverages in accordance
186with s. 562.15(2); or
187     (c)  The shipment of wine by a licensed direct shipper to a
188person 21 years of age or older or a vendor licensed to sell
189alcoholic beverages for resale in accordance with s. 561.585.
190     Section 4.  Subsections (1) and (6) of section 561.57,
191Florida Statutes, are amended to read:
192     561.57  Deliveries by licensees.--
193     (1)  Vendors shall be permitted to make deliveries away
194from their places of business of sales actually made at the
195licensed place of business; provided, telephone or mail orders
196received at vendor's licensed place of business shall be
197construed as a sale actually made at the vendor's licensed place
198of business. Nothing in this section shall prohibit Internet
199orders received at a vendor's licensed place of business from
200being construed as a sale actually made at the vendor's licensed
201place of business.
202     (6)  Common carriers are not required to have vehicle
203permits to transport alcoholic beverages. Nothing in this
204section shall prohibit any common carrier or any licensee or
205other person utilizing a common carrier as his or her agent from
206making deliveries of alcoholic beverages within the state.
207Deliveries of alcoholic beverages by common carriers or by
208licensees or other persons utilizing common carriers as their
209agents under this section are exempt from the report filing
210requirements in s. 562.20. All common carriers acting as
211designated agents for delivery under this section shall verify
212that any person receiving alcoholic beverages is at least 21
213years of age upon the delivery of such alcoholic beverages, as
214prescribed in division rules. The prescribed age verification
215shall give the common carrier and the licensee or other person
216hiring the common carrier a complete defense of selling, giving,
217or serving alcoholic beverages to any person under the age of
219     Section 5.  This act shall take effect upon becoming a law.

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