Florida Senate - 2018               CS for CS for CS for SB 1020
       
       
        
       By the Committees on Rules; Commerce and Tourism; and Regulated
       Industries; and Senators Young, Hutson, and Brandes
       
       
       
       
       595-03285-18                                          20181020c3
    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 vendor to
    6         make certain deliveries in a third-party vehicle under
    7         certain circumstances; providing that the vehicles
    8         used to make such deliveries are subject to certain
    9         inspections and searches under certain circumstances;
   10         requiring that the recipient’s identity and age be
   11         verified and documented at the time of delivery;
   12         requiring that deliveries comply with s. 562.11, F.S.;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (2) of section 561.57,
   18  Florida Statutes, are amended, and subsection (6) is added to
   19  that section, to read:
   20         561.57 Deliveries by licensees.—
   21         (1) Vendors shall be permitted to make deliveries away from
   22  their places of business of sales actually made at the licensed
   23  place of business; provided, telephone, electronic, or mail
   24  orders received at a vendor’s licensed place of business shall
   25  be construed as a sale actually made at the vendor’s licensed
   26  place of business.
   27         (2)(a) Deliveries made by a manufacturer or, distributor,
   28  or vendor away from his or her place of business may be made
   29  only in vehicles that which are owned or leased by the licensee.
   30  By acceptance of an alcoholic beverage license and the use of
   31  such vehicles, the licensee agrees that such vehicle is shall
   32  always be subject to be inspected and searched without a search
   33  warrant, for the purpose of ascertaining that all provisions of
   34  the alcoholic beverage laws are complied with, by authorized
   35  employees of the division and also by sheriffs, deputy sheriffs,
   36  and police officers during business hours or other times the
   37  vehicle is being used to transport or deliver alcoholic
   38  beverages.
   39         (b) Deliveries made by a vendor away from the vendor’s
   40  place of business may be made only in vehicles that are owned or
   41  leased by the vendor or which are authorized to be used for such
   42  deliveries by a third party with whom the vendor has contracted
   43  for delivery, including, but not limited to, common carriers. By
   44  acceptance of an alcoholic beverage license, or by contracting
   45  to make deliveries, and the use of such vehicles, including
   46  contracted third-party vehicles, the vendor or a third party
   47  with whom the vendor has contracted to make deliveries agree
   48  that such vehicles are subject to be inspected and searched
   49  without a search warrant, for the purpose of ascertaining that
   50  all provisions of the alcoholic beverage laws are complied with,
   51  by authorized employees of the division and also by sheriffs,
   52  deputy sheriffs, and police officers when the vehicles are being
   53  used to transport or deliver alcoholic beverages.
   54         (6) Valid proof of the recipient’s identity and age shall
   55  be verified and documented at the time of delivery. Deliveries
   56  made pursuant to this section must comply with s. 562.11.
   57         Section 2. This act shall take effect July 1, 2018.