Florida Senate - 2013                              CS for SB 372
       
       
       
       By the Committee on Regulated Industries; and Senator Latvala
       
       
       
       
       580-01745-13                                           2013372c1
    1                        A bill to be entitled                      
    2         An act relating to vehicle permits; amending ss.
    3         561.57 and 562.07, F.S.; authorizing a licensed vendor
    4         to transport alcoholic beverages from a distributor’s
    5         place of business to the vendor’s licensed premises in
    6         a vehicle owned or leased by a person identified on a
    7         license application filed by the vendor and approved
    8         by the division; requiring each operator to sign the
    9         application; revising permit requirements for such
   10         vehicles, including a specified fee per vehicle;
   11         providing for the cancellation of vehicle permits;
   12         authorizing the inspection and search of such vehicles
   13         without a search warrant; providing requirements for
   14         the use and storage of vehicle permits; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (3) and (4) of section 561.57,
   20  Florida Statutes, are amended to read:
   21         561.57 Deliveries by licensees.—
   22         (3) A licensed Any vendor may transport alcoholic beverage
   23  purchases from a distributor’s place of business to the vendor’s
   24  licensed premises or off-premises storage if the, provided that
   25  a vehicle used to transport the alcoholic beverages is owned or
   26  leased by the vendor or a person identified in a license
   27  application filed by the vendor and approved by the division and
   28  a valid vehicle permit has been issued for such or decal is
   29  attached to the vendor’s owned or leased vehicle. Vehicles owned
   30  or leased by a person authorized under this subsection must be
   31  operated by such persons when transporting alcoholic beverage
   32  purchases from a distributor’s place of business to the vendor’s
   33  licensed premises or off-premises storage.
   34         (4) A vehicle permit The division shall have prepared for
   35  issuance vehicle permits or decals suitable to be attached to
   36  such vehicles, with the words, “Beverage Vehicle No.,” which may
   37  be obtained by a licensed any vendor or other person authorized
   38  under subsection (3) upon application and payment of a fee of $5
   39  per vehicle to the division. The signature of a person
   40  authorized under subsection (3) is required on the vehicle
   41  permit application. Such permit remains permits shall be valid
   42  and does will not expire unless the vendor or other person
   43  authorized under subsection (3) disposes of his or her vehicle,
   44  or the vendor’s alcoholic beverage license is transferred,
   45  canceled, not renewed, or is revoked by the division, whichever
   46  occurs first. The division shall cancel a vehicle permit issued
   47  to a vendor upon request from the vendor. The division shall
   48  cancel a vehicle permit issued to other persons authorized under
   49  subsection (3) upon request from that person or the vendor. By
   50  acceptance of a vehicle permit, the vendor or other person
   51  authorized under subsection (3) licensee agrees that such
   52  vehicle is shall always be subject to inspection and search be
   53  inspected and searched without a search warrant, for the purpose
   54  of ascertaining that all provisions of the alcoholic beverage
   55  laws are complied with, by authorized employees of the division
   56  and also by sheriffs, deputy sheriffs, and police officers
   57  during business hours or other times that the vehicle is being
   58  used to transport or deliver alcoholic beverages. A vehicle
   59  permit issued under this subsection and invoices or sales
   60  tickets for alcoholic beverages purchased and transported must
   61  be attached to or carried in the vehicle used by the vendor or
   62  other person authorized under subsection (3) when the vendor’s
   63  alcoholic beverages are being transported or delivered.
   64         Section 2. Subsection (2) of section 562.07, Florida
   65  Statutes, is amended to read:
   66         562.07 Illegal transportation of beverages.—It is unlawful
   67  for alcoholic beverages to be transported in quantities of more
   68  than 12 bottles except as follows:
   69         (2) In the owned or leased vehicles of licensed vendors or
   70  other persons authorized under s. 561.57(3) transporting
   71  alcoholic beverage purchases from the distributor’s place of
   72  business to the vendor’s licensed place of business or off
   73  premises storage and to which said vehicles are attached a
   74  permit or decal as provided for in the alcoholic beverage law;
   75         Section 3. This act shall take effect July 1, 2013.