Senate Bill sb0282
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Florida Senate - 2006 (Corrected Copy) SB 282
By Senator Dockery
15-55B-06
1 A bill to be entitled
2 An act relating to the Beverage Law; creating
3 s. 561.575, F.S.; providing for the direct
4 shipment of wine from within or outside the
5 state; requiring that a shipper hold a
6 direct-shipper's license; providing
7 requirements for licensure; requiring that each
8 container of wine shipped directly be labeled
9 with a notice; requiring that a direct shipper
10 file a surety bond with the Division of
11 Alcoholic Beverages and Tobacco of the
12 Department of Business and Professional
13 Regulation; providing for attorney's fees and
14 costs in an action to collect unpaid taxes;
15 authorizing the division to suspend or revoke a
16 direct-shipper's license or impose fines;
17 providing for criminal penalties; authorizing
18 the division to adopt rules; amending ss.
19 561.54 and 561.545, F.S.; specifying that
20 provisions prohibiting the direct shipment of
21 alcoholic beverages are inapplicable to wine
22 shipped under s. 561.575, F.S.; amending s.
23 561.57, F.S.; including Internet sales as sales
24 construed to be actually made at the vendor's
25 licensed place of business; exempting common
26 carriers from certain report filing
27 requirements; requiring common carriers to
28 verify the age of persons receiving shipments;
29 providing a defense to certain actions;
30 providing an effective date.
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Florida Senate - 2006 (Corrected Copy) SB 282
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 561.575, Florida Statutes, is
4 created to read:
5 561.575 Direct shipment of wine.--
6 (1) Notwithstanding any other law or rule to the
7 contrary, a manufacturer of wine which is located within or
8 outside this state, holds a wine producer and blenders basic
9 permit issued in accordance with the Federal Alcohol
10 Administration Act, and obtains a direct-shipper's license may
11 ship wine directly to a resident of this state who is at least
12 21 years of age for that resident's personal use and not for
13 resale.
14 (2) Before shipping wine to a resident of this state,
15 a manufacturer must obtain a direct-shipper's license by:
16 (a) Filing an application with the division;
17 (b) Paying an annual license fee of $100; and
18 (c) Providing to the division a copy of its current
19 basic permit as a wine producer and blender issued in
20 accordance with the Federal Alcohol Administration Act.
21
22 By obtaining a direct-shipper's license, a licensee consents
23 to the jurisdiction of the division, any other state agency,
24 and the courts of this state concerning compliance with state
25 laws.
26 (3) Each licensee holding a direct-shipper's license
27 shall:
28 (a) Obtain and maintain a current license as provided
29 in this section.
30 (b) Pay all applicable excise taxes on wines required
31 by s. 564.06 and the Beverage Law.
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Florida Senate - 2006 (Corrected Copy) SB 282
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1 (c) Use an age-verification process that is approved
2 by the division to ensure that any sale made to a resident of
3 this state is to a person at least 21 years of age. The
4 process must be sufficient to accurately verify the age and
5 identity of the purchaser and the person to whom each
6 container of wine is intended to be shipped.
7 (d) Ensure that each container of wine shipped
8 directly to a resident of this state is labeled conspicuously
9 with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21
10 OR OLDER REQUIRED FOR DELIVERY" and require, before delivery,
11 the signature of a person 21 years of age or older after
12 presentation of a valid driver's license, an identification
13 card issued by this or another state, a passport, or a United
14 States armed services identification card.
15 (e) Report to the division, by the 10th day of each
16 month, on forms prescribed by the division:
17 1. Whether any wine product was shipped to residents
18 of this state during the preceding month;
19 2. The total amount of wine shipped to residents of
20 this state during the preceding month;
21 3. The quantity and types of wine shipped to residents
22 of this state during the preceding month;
23 4. The amount of excise tax paid to the division for
24 the shipments of wine to residents of this state during the
25 preceding month; and
26 5. Any other information that the division determines
27 is necessary to enforce this section.
28
29 A winery that is certified as a Florida Farm Winery under s.
30 599.004 and is in compliance with the applicable reporting
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1 requirements of the Beverage Law is exempt from the reporting
2 requirements of this paragraph.
3 (f) Permit the division to audit the records of the
4 direct shipper upon request.
5 (g) Keep complete, accurate, and separate records of
6 wine products sold and shipped to this state.
7 (h) Renew on or before August 1 of each year its
8 license with the division by paying a renewal fee of $100.
9 (i) File with the division a bond of $5,000 as surety
10 for the payment of taxes required under this chapter. However,
11 the division may authorize a lesser bond if the volume of
12 business done by the direct shipper is such that a bond of
13 less than $5,000 will be adequate to secure the payment of
14 taxes assessed or authorized under the Beverage Law. The
15 division may not accept a bond of less than $1,000 and may
16 require a bond to be increased to $5,000.
17 (4) A direct shipper must comply with s. 564.05, which
18 limits the size of wine containers.
19 (5) A direct shipper shall pay all attorney's fees and
20 costs in any action to collect unpaid taxes.
21 (6) It is a violation of this section for a person who
22 does not hold a valid manufacturer's license, wholesaler's
23 license, or exporter's registration issued by the Division of
24 Alcoholic Beverages and Tobacco, who is not a state-bonded
25 warehouse, or who does not hold a valid direct-shipper's
26 license to knowingly and intentionally ship, or cause to be
27 shipped, an alcoholic beverage from an out-of-state or
28 in-state location directly to a person in this state.
29 (7) The division shall enforce the requirements of
30 this section pursuant to chapter 120 and may suspend or revoke
31 a direct-shipper's license or impose a fine of not more than
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1 $5,000 if the licensee does not comply with this section and
2 the Beverage Law.
3 (8) If the division finds any person to be in
4 violation of this section, the division shall issue a notice,
5 by certified mail, requiring such person to show cause why a
6 cease and desist order should not be issued. A person who
7 violates this section within 2 years after receiving a cease
8 and desist order or within 2 years after a conviction for
9 violating this section commits a felony of the third degree,
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084.
12 (10) The division may adopt rules to administer this
13 section.
14 Section 2. Section 561.54, Florida Statutes, is
15 amended to read:
16 561.54 Certain deliveries of beverages prohibited.--
17 (1) It is unlawful for common or permit carriers,
18 operators of privately owned cars, trucks, buses, or other
19 conveyances or out-of-state manufacturers or suppliers to make
20 delivery from without the state of any alcoholic beverage to
21 any person, association of persons, or corporation within the
22 state, except to qualified manufacturers, distributors, and
23 exporters of such beverages so delivered and to qualified
24 bonded warehouses in this state.
25 (2) Any licensee aggrieved by a violation of this
26 section may bring an action in any court of competent
27 jurisdiction to recover for the state all moneys obtained by
28 common carriers or permit carriers; obtained by operators of
29 privately owned cars, trucks, buses, or other conveyances; or
30 obtained by out-of-state manufacturers or suppliers as a
31 result of the delivery of alcoholic beverages in violation of
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1 this section, and may obtain a declaratory judgment that an
2 act or practice violates this section and enjoin any person
3 from violating this section. In addition to such relief, the
4 court may order the confiscation and destruction of any
5 alcoholic beverages delivered in violation of this section.
6 In assessing damages, the court shall enter judgment against a
7 defendant for three times the amount of the delivery charges
8 proved or the fair market value of merchandise unlawfully
9 brought into the state. Payment or satisfaction of any
10 judgment under this section, other than for costs and
11 attorney's fees, shall be made in its entirety to the state.
12 In any successful action under this section, the court shall
13 award the plaintiff costs and reasonable attorney's fees.
14 (3) This section does not apply to the shipment of
15 wine by a licensed direct shipper to a person 21 years of age
16 or older in accordance with s. 561.575.
17 Section 3. Section 561.545, Florida Statutes, is
18 amended to read:
19 561.545 Certain shipments of beverages prohibited;
20 penalties; exceptions.--The Legislature finds that the direct
21 shipment of alcoholic beverages by persons in the business of
22 selling alcoholic beverages to residents of this state in
23 violation of the Beverage Law poses a serious threat to the
24 public health, safety, and welfare; to state revenue
25 collections; and to the economy of the state. The Legislature
26 further finds that the penalties for illegal direct shipment
27 of alcoholic beverages to residents of this state should be
28 made adequate to ensure compliance with the Beverage Law and
29 that the measures provided for in this section are fully
30 consistent with the powers conferred upon the state by the
31 Twenty-first Amendment to the United States Constitution.
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1 (1) Any person in the business of selling alcoholic
2 beverages who knowingly and intentionally ships, or causes to
3 be shipped, any alcoholic beverage from an out-of-state
4 location directly to any person in this state who does not
5 hold a valid manufacturer's or wholesaler's license or
6 exporter's registration issued by the Division of Alcoholic
7 Beverages and Tobacco or who is not a state-bonded warehouse
8 is in violation of this section.
9 (2) Any common carrier or permit carrier or any
10 operator of a privately owned car, truck, bus, or other
11 conveyance who knowingly and intentionally transports any
12 alcoholic beverage from an out-of-state location directly to
13 any person in this state who does not hold a valid
14 manufacturer's or wholesaler's license or exporter's
15 registration or who is not a state-bonded warehouse is in
16 violation of this section.
17 (3) Any person found by the division to be in
18 violation of subsection (1) shall be issued a notice, by
19 certified mail, to show cause why a cease and desist order
20 should not be issued. Any person who violates subsection (1)
21 within 2 years after receiving a cease and desist order or
22 within 2 years after a prior conviction for violating
23 subsection (1) commits a felony of the third degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 (4) Any common carrier or permit carrier, or any
27 operator of a privately owned car, truck, bus, or other
28 conveyance found by the division to be in violation of
29 subsection (2) as a result of a second or subsequent delivery
30 from the same source and location, within a 2-year period
31 after the first delivery shall be issued a notice, by
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1 certified mail, to show cause why a cease and desist order
2 should not be issued. Any person who violates subsection (2)
3 within 2 years after receiving the cease and desist order or
4 within 2 years after a prior conviction for violating
5 subsection (2) commits a felony of the third degree,
6 punishable as provided in s. 775.082, s. 775.083, or s.
7 775.084.
8 (5) This section does not apply to:
9 (a) The direct shipment of sacramental alcoholic
10 beverages to bona fide religious organizations as authorized
11 by the division; or to
12 (b) The possession of alcoholic beverages in
13 accordance with s. 562.15(2); or.
14 (c) The shipment of wine by a licensed direct shipper
15 to a person 21 years of age or older in accordance with s.
16 561.575.
17 Section 4. Subsections (1) and (6) of section 561.57,
18 Florida Statutes, are amended to read:
19 561.57 Deliveries by licensees.--
20 (1) Vendors shall be permitted to make deliveries away
21 from their places of business of sales actually made at the
22 licensed place of business; provided, telephone or mail orders
23 received at vendor's licensed place of business shall be
24 construed as a sale actually made at the vendor's licensed
25 place of business. This section does not prohibit an order
26 placed over the Internet and received at a vendor's licensed
27 place of business from being construed as a sale actually made
28 at the vendor's licensed place of business.
29 (6) Common carriers are not required to have vehicle
30 permits to transport alcoholic beverages. This section does
31 not prohibit any common carrier or any licensee or other
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1 person using a common carrier as his or her agent from
2 delivering alcoholic beverages within the state. Deliveries of
3 alcoholic beverages by common carriers, licensees, or other
4 persons using common carriers as their agents are exempt from
5 the reporting requirements in s. 562.20. Each common carrier
6 acting as a designated agent for delivery shall verify that
7 any person receiving alcoholic beverages is at least 21 years
8 of age upon the delivery of such alcoholic beverages, as
9 prescribed in division rules. The prescribed age verification
10 gives the common carrier and the licensee or other person
11 hiring the common carrier a complete defense of selling,
12 giving, or serving alcoholic beverages to any person younger
13 than 21 years of age.
14 Section 5. This act shall take effect upon becoming a
15 law.
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18 SENATE SUMMARY
19 Authorizes a wine producer that holds a direct-shipper's
license to ship wine directly to a resident of Florida
20 who is at least 21 years of age. Provides requirement for
licensure and notice. Provides for penalties and fines.
21 Provides requirements for sales over the Internet.
Exempts common carriers from certain reporting
22 requirements. Requires that a common carrier verify the
age of persons receiving shipments of wine. (See bill for
23 details.)
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