Senate Bill sb0944

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    Florida Senate - 2006                                   SB 944

    By Senator Geller





    31-738-06

  1                      A bill to be entitled

  2         An act relating to the Beverage Law; creating

  3         s. 561.585, F.S.; providing for certain direct

  4         shipments of wine from out of state to a

  5         resident of this state; requiring shippers to

  6         have certain licenses; providing prohibitions;

  7         providing for administrative and criminal

  8         penalties; amending ss. 561.54 and 561.545,

  9         F.S.; providing that those provisions

10         prohibiting the shipment of alcoholic beverages

11         do not apply to wine shipped under s. 561.585,

12         F.S.; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 561.585, Florida Statutes, is

17  created to read:

18         561.585  Direct shipment of wine.--

19         (1)  LICENSURE REQUIREMENTS.--Notwithstanding any

20  provision of the Beverage Law or any rule to the contrary, a

21  person, firm, corporation, or other entity who is licensed as

22  an out-of-state shipper under this section may ship wine

23  directly to any person registered under this section who is at

24  least 21 years of age for personal use only and not for

25  resale. To obtain an out-of-state shipper's license, an

26  applicant must:

27         (a)  Obtain and maintain a current license as a primary

28  American source of supply as provided in s. 564.045;

29         (b)  Provide to the division a true copy of its current

30  alcoholic beverage license issued by another state; and

31         (c)  Pay a registration fee in the amount of $100.

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    Florida Senate - 2006                                   SB 944
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 1  

 2  A shipper may annually renew its out-of-state shipper's

 3  license with the division by paying a renewal fee in the

 4  amount of $100 and providing to the division a true copy of

 5  its current alcoholic beverage license issued by another

 6  state.

 7         (2)  LIMITATION ON SHIPMENTS.--A person registered

 8  under this section, while physically present at an

 9  out-of-state winery that is licensed as an out-of-state

10  shipper under this section, may purchase and have shipped to

11  this state no more than two cases of wine per winery and no

12  more than eight cases of wine per calendar year for personal

13  use only. A single case may contain no more than 9 liters of

14  wine.

15         (3)  SIGNATURE.--Each out-of-state shipper shall ensure

16  that the outside shipping label of each package containing

17  wine shipped under this section conspicuously states

18  "SIGNATURE OF ADDRESSEE AGE 21 OR OLDER REQUIRED FOR DELIVERY"

19  and that, prior to delivery, the signature of the addressee is

20  obtained after presentation of a valid Florida driver's

21  license or an identification card issued by this state.

22         (4)  QUARTERLY REPORT.--Each out-of-state shipper shall

23  report quarterly to the division the total amount of wine by

24  type shipped into the state during the preceding 3 months.

25         (5)  TAXES.--Each out-of-state shipper shall pay

26  monthly to the Department of Revenue all sales taxes and to

27  the division all excise taxes due on sales to persons in this

28  state for the preceding month. The amount of such taxes shall

29  be calculated as if the sale took place at the location where

30  the delivery occurred in this state. Each out-of-state shipper

31  shall maintain records of its direct shipments to this state,

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    Florida Senate - 2006                                   SB 944
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 1  including the names, addresses, amounts, and dates of all

 2  shipments to persons in this state, and shall allow the

 3  Department of Revenue or the division, upon its request, to

 4  perform an audit of such records.

 5         (6)  JURISDICTION.--Each out-of-state shipper is deemed

 6  to have consented to the jurisdiction of the division or any

 7  other state agency and the courts of this state concerning

 8  enforcement of this section and any related laws or rules.

 9         (7)  REGISTRATION.--Before receiving any shipment under

10  this section, a person must be at least 21 years of age, must

11  be a resident of this state, and must register with the

12  division on a form prescribed by the division by filing a

13  sworn statement and providing:

14         (a)  Full name;

15         (b)  Address of legal residence, and mailing address,

16  if different from street address;

17         (c)  Telephone number;

18         (d)  Proof that the person is at least 21 years of age;

19         (e)  A statement that wine obtained under this section

20  is for personal use only and not for resale;

21         (f)  A statement that the person will obtain no more

22  than a total of eight cases of wine per calendar year from all

23  out-of-state shippers combined; and

24         (g)  Any other information the division by rule may

25  deem necessary to adequately carry out the provisions of this

26  section.

27  

28  A registration must be updated with the division within 30

29  days after any change. The registration with the division

30  under this section is valid for a period of up to 5 years and

31  expires on December 31 of the 5th year.

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 1         (8)  PENALTIES.--

 2         (a)  In addition to the penalties provided by s.

 3  561.545, the division may suspend or revoke an out-of-state

 4  shipper's license or impose fines on the out-of-state shipper

 5  for any violation of this section.

 6         (b)  An out-of-state shipper who knowingly and

 7  intentionally ships, or causes to be shipped, wine to any

 8  person in this state who is younger than 21 years of age

 9  commits a felony of the third degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         (c)  Any common carrier or permit carrier or any

12  operator of a privately owned car, truck, bus, or other

13  conveyance who knowingly and intentionally transports wine

14  from an out-of-state location directly to any person in this

15  state who is younger than 21 years of age commits a felony of

16  the third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084.

18         (d)  A person who obtains wine from an out-of-state

19  shipper in violation of this section commits a misdemeanor of

20  the second degree, punishable as provided in s. 775.082 or s.

21  775.083.

22         Section 2.  Section 561.54, Florida Statutes, is

23  amended to read:

24         561.54  Certain deliveries of beverages prohibited.--

25         (1)  It is unlawful for common or permit carriers,

26  operators of privately owned cars, trucks, buses, or other

27  conveyances or out-of-state manufacturers or suppliers to make

28  delivery from without the state of any alcoholic beverage to

29  any person, association of persons, or corporation within the

30  state, except to qualified manufacturers, distributors, and

31  

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 1  exporters of such beverages so delivered and to qualified

 2  bonded warehouses in this state.

 3         (2)  Any licensee aggrieved by a violation of this

 4  section may bring an action in any court of competent

 5  jurisdiction to recover for the state all moneys obtained by

 6  common carriers or permit carriers; obtained by operators of

 7  privately owned cars, trucks, buses, or other conveyances; or

 8  obtained by out-of-state manufacturers or suppliers as a

 9  result of the delivery of alcoholic beverages in violation of

10  this section, and may obtain a declaratory judgment that an

11  act or practice violates this section and enjoin any person

12  from violating this section.  In addition to such relief, the

13  court may order the confiscation and destruction of any

14  alcoholic beverages delivered in violation of this section.

15  In assessing damages, the court shall enter judgment against a

16  defendant for three times the amount of the delivery charges

17  proved or the fair market value of merchandise unlawfully

18  brought into the state.  Payment or satisfaction of any

19  judgment under this section, other than for costs and

20  attorney's fees, shall be made in its entirety to the state.

21  In any successful action under this section, the court shall

22  award the plaintiff costs and reasonable attorney's fees.

23         (3)  This section does not apply to the shipment of

24  wine by a licensed out-of-state shipper to a registered person

25  21 years of age or older in accordance with s. 561.585.

26         Section 3.  Section 561.545, Florida Statutes, is

27  amended to read:

28         561.545  Certain shipments of beverages prohibited;

29  penalties; exceptions.--The Legislature finds that the direct

30  shipment of alcoholic beverages by persons in the business of

31  selling alcoholic beverages to residents of this state in

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    Florida Senate - 2006                                   SB 944
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 1  violation of the Beverage Law poses a serious threat to the

 2  public health, safety, and welfare; to state revenue

 3  collections; and to the economy of the state.  The Legislature

 4  further finds that the penalties for illegal direct shipment

 5  of alcoholic beverages to residents of this state should be

 6  made adequate to ensure compliance with the Beverage Law and

 7  that the measures provided for in this section are fully

 8  consistent with the powers conferred upon the state by the

 9  Twenty-first Amendment to the United States Constitution.

10         (1)  Any person in the business of selling alcoholic

11  beverages who knowingly and intentionally ships, or causes to

12  be shipped, any alcoholic beverage from an out-of-state

13  location directly to any person in this state who does not

14  hold a valid manufacturer's or wholesaler's license or

15  exporter's registration issued by the Division of Alcoholic

16  Beverages and Tobacco or who is not a state-bonded warehouse

17  is in violation of this section.

18         (2)  Any common carrier or permit carrier or any

19  operator of a privately owned car, truck, bus, or other

20  conveyance who knowingly and intentionally transports any

21  alcoholic beverage from an out-of-state location directly to

22  any person in this state who does not hold a valid

23  manufacturer's or wholesaler's license or exporter's

24  registration or who is not a state-bonded warehouse is in

25  violation of this section.

26         (3)  Any person found by the division to be in

27  violation of subsection (1) shall be issued a notice, by

28  certified mail, to show cause why a cease and desist order

29  should not be issued. Any person who violates subsection (1)

30  within 2 years after receiving a cease and desist order or

31  within 2 years after a prior conviction for violating

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    Florida Senate - 2006                                   SB 944
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 1  subsection (1) commits a felony of the third degree,

 2  punishable as provided in s. 775.082, s. 775.083, or s.

 3  775.084.

 4         (4)  Any common carrier or permit carrier, or any

 5  operator of a privately owned car, truck, bus, or other

 6  conveyance found by the division to be in violation of

 7  subsection (2) as a result of a second or subsequent delivery

 8  from the same source and location, within a 2-year period

 9  after the first delivery shall be issued a notice, by

10  certified mail, to show cause why a cease and desist order

11  should not be issued. Any person who violates subsection (2)

12  within 2 years after receiving the cease and desist order or

13  within 2 years after a prior conviction for violating

14  subsection (2) commits a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.

17         (5)  This section does not apply to:

18         (a)  The direct shipment of sacramental alcoholic

19  beverages to bona fide religious organizations as authorized

20  by the division; or to

21         (b)  The possession of alcoholic beverages in

22  accordance with s. 562.15(2); or.

23         (c)  The shipment of wine by a licensed out-of-state

24  shipper to a registered person 21 years of age or older in

25  accordance with s. 561.585.

26         Section 4.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 2006                                   SB 944
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for the direct shipping of no more than eight
      cases of wine per calendar year to a resident of this
 4    state who is at least 21 years old and who purchases the
      wine in person at the winery for personal use. Requires
 5    out-of-state shippers to be licensed by the Division of
      Alcoholic Beverages and Tobacco. Provides prohibitions.
 6    Provides for administrative and criminal penalties.
      Provides for the payment of taxes. Provides that ss.
 7    561.54 and 561.545, F.S., do not apply to direct
      out-of-state shipments of wine to persons in this state
 8    as authorized under this act.

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