Florida Senate - 2013                       CS for CS for SB 372
       
       
       
       By the Committees on Appropriations; and Regulated Industries;
       and Senator Latvala
       
       
       
       576-02870-13                                           2013372c2
    1                        A bill to be entitled                      
    2         An act relating to vehicle permits for the
    3         transportation of alcoholic beverages; amending s.
    4         561.57, F.S.; authorizing a licensed vendor to
    5         transport alcoholic beverages from a distributor’s
    6         place of business in vehicles owned or leased by any
    7         person who has been disclosed on a license application
    8         filed by the vendor and approved by the Division of
    9         Alcoholic Beverages and Tobacco of the Department and
   10         Business and Professional Regulation; revising permit
   11         requirements for such vehicles; providing for
   12         cancellation of vehicle permits; authorizing the
   13         inspection and search of such vehicles without a
   14         search warrant; providing requirements for the use and
   15         storage of vehicle permits; amending s. 562.07, F.S.;
   16         revising an exception to the illegal transportation of
   17         beverages; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (3) and (4) of section 561.57,
   22  Florida Statutes, are amended to read:
   23         561.57 Deliveries by licensees.—
   24         (3) A licensed Any vendor may transport alcoholic beverage
   25  purchases from a distributor’s place of business to the vendor’s
   26  licensed premises or off-premises storage, if the provided that
   27  a vehicle used to transport the alcoholic beverages is owned or
   28  leased by the vendor or any person who has been disclosed on a
   29  license application filed by the vendor and approved by the
   30  division and a valid vehicle permit has been or decal is issued
   31  for such attached to the vendor’s owned or leased vehicle. A
   32  vehicle owned or leased by a person disclosed on a license
   33  application filed by the vendor and approved by the division
   34  under this subsection must be operated by such person when
   35  transporting alcoholic beverage purchases from a distributor’s
   36  place of business to the vendor’s licensed premises or off
   37  premises storage.
   38         (4) A vehicle permit The division shall have prepared for
   39  issuance vehicle permits or decals suitable to be attached to
   40  such vehicles, with the words, “Beverage Vehicle No. ....,”
   41  which may be obtained by a licensed any vendor or any person
   42  authorized in subsection (3) upon application and payment of a
   43  fee of $5 per vehicle to the division. The signature of the
   44  person authorized in subsection (3) must be included on the
   45  vehicle permit application. Such permit remains permits shall be
   46  valid and does will not expire unless the vendor or any person
   47  authorized in subsection (3) disposes of his or her vehicle, or
   48  the vendor’s alcoholic beverage license is transferred,
   49  canceled, not renewed, or is revoked by the division, whichever
   50  occurs first. The division shall cancel a vehicle permit issued
   51  to a vendor upon request from the vendor. The division shall
   52  cancel a vehicle permit issued to any person authorized in
   53  subsection (3) upon request from that person or the vendor. By
   54  acceptance of a vehicle permit, the vendor or any person
   55  authorized in subsection (3) licensee agrees that such vehicle
   56  is shall always be subject to inspection and search be inspected
   57  and searched without a search warrant, for the purpose of
   58  ascertaining that all provisions of the alcoholic beverage laws
   59  are complied with, by authorized employees of the division and
   60  also by sheriffs, deputy sheriffs, and police officers during
   61  business hours or other times that the vehicle is being used to
   62  transport or deliver alcoholic beverages. A vehicle permit
   63  issued under this subsection and invoices or sales tickets for
   64  alcoholic beverages purchased and transported must be carried in
   65  the vehicle used by the vendor or any person authorized in
   66  subsection (3) when the vendor’s alcoholic beverages are being
   67  transported or delivered.
   68         Section 2. Subsection (2) of section 562.07, Florida
   69  Statutes, is amended to read:
   70         562.07 Illegal transportation of beverages.—It is unlawful
   71  for alcoholic beverages to be transported in quantities of more
   72  than 12 bottles except as follows:
   73         (2) In the owned or leased vehicles of licensed vendors or
   74  any persons authorized in s. 561.57(3) transporting alcoholic
   75  beverage purchases from the distributor’s place of business to
   76  the vendor’s licensed place of business or off-premises storage
   77  and to which said vehicles are carrying attached a permit and
   78  invoices or sales tickets for alcoholic beverages purchased and
   79  transported or decal as provided for in the alcoholic beverage
   80  law;
   81         Section 3. This act shall take effect July 1, 2013.