Florida Senate - 2018                      CS for CS for SB 1020
       
       
        
       By the Committees on Commerce and Tourism; and Regulated
       Industries; and Senators Young, Hutson, and Brandes
       
       
       
       
       577-02324-18                                          20181020c2
    1                        A bill to be entitled                      
    2         An act relating to alcohol deliveries; amending s.
    3         561.57, F.S.; including an electronic order as a type
    4         of order construed as a sale made at a vendor’s
    5         licensed place of business; authorizing a
    6         manufacturer, distributor, or vendor to make certain
    7         deliveries in a third-party vehicle under certain
    8         circumstances; requiring that the recipient’s identity
    9         and age be verified and documented at the time of
   10         delivery; requiring that deliveries comply with s.
   11         562.11, F.S.; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (1) and (2) of section 561.57,
   16  Florida Statutes, are amended, and subsection (6) is added to
   17  that section, to read:
   18         561.57 Deliveries by licensees.—
   19         (1) Vendors shall be permitted to make deliveries away from
   20  their places of business of sales actually made at the licensed
   21  place of business; provided, telephone, electronic, or mail
   22  orders received at a vendor’s licensed place of business shall
   23  be construed as a sale actually made at the vendor’s licensed
   24  place of business.
   25         (2) Deliveries made by a manufacturer, distributor, or
   26  vendor away from his or her place of business may be made only
   27  in vehicles that which are owned or leased by the licensee.
   28  Alternatively, such deliveries may be made in a third-party
   29  vehicle pursuant to a contract with a third party with whom the
   30  licensee has contracted to make deliveries, including, but not
   31  limited to, common carriers. Any By acceptance of an alcoholic
   32  beverage license and the use of such vehicles, The licensee
   33  agrees that such vehicle used to make such deliveries is shall
   34  always be subject to inspections and searches be inspected and
   35  searched without a search warrant, for the purpose of
   36  ascertaining that all provisions of the alcoholic beverage laws
   37  are complied with, by authorized employees of the division and
   38  also by sheriffs, deputy sheriffs, and police officers when
   39  during business hours or other times the vehicle is being used
   40  to transport or deliver alcoholic beverages.
   41         (6) Valid proof of the recipient’s identity and age shall
   42  be verified and documented at the time of delivery. Deliveries
   43  made pursuant to this section must comply with s. 562.11.
   44         Section 2. This act shall take effect July 1, 2018.