The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.54

561.54 Certain deliveries of beverages prohibited.—

(1) It is unlawful for common or permit carriers, operators of privately owned cars, trucks, buses, or other conveyances or out-of-state manufacturers or suppliers to make delivery from without the state of any alcoholic beverage to any person, association of persons, or corporation within the state, except to qualified manufacturers, distributors, and exporters of such beverages so delivered and to qualified bonded warehouses in this state.

(2) Any licensee aggrieved by a violation of this section may bring an action in any court of competent jurisdiction to recover for the state all moneys obtained by common carriers or permit carriers; obtained by operators of privately owned cars, trucks, buses, or other conveyances; or obtained by out-of-state manufacturers or suppliers as a result of the delivery of alcoholic beverages in violation of this section, and may obtain a declaratory judgment that an act or practice violates this section and enjoin any person from violating this section. In addition to such relief, the court may order the confiscation and destruction of any alcoholic beverages delivered in violation of this section. In assessing damages, the court shall enter judgment against a defendant for three times the amount of the delivery charges proved or the fair market value of merchandise unlawfully brought into the state. Payment or satisfaction of any judgment under this section, other than for costs and attorney’s fees, shall be made in its entirety to the state. In any successful action under this section, the court shall award the plaintiff costs and reasonable attorney’s fees.

History.—s. 5, ch. 20830, 1941; s. 11, ch. 22663, 1945; s. 11, ch. 23746, 1947; s. 11, ch. 25035, 1949; s. 11, ch. 29786, 1955; s. 11, ch. 63-562; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 47, ch. 83-216; s. 3, ch. 86-269; s. 8, ch. 97-213.

F.S. 561.54 on Google Scholar

F.S. 561.54 on Casetext

Amendments to 561.54

Arrestable Offenses / Crimes under Fla. Stat. 561.54

Level: Degree
Misdemeanor/Felony: First/Second/Third

S561.54 - SMUGGLE CONTRABAND - UNAUTH DELIVER ALCOHOL OUT OF STATE SUBSQ OFF - F: T

S561.54 - SMUGGLE CONTRABAND - UNAUTH DELIVER ALCOHOL OUT OF STATE 1ST VIOL - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

In R. LEZDEY, In B., 332 B.R. 217 (Bankr. M.D. Fla. 2005)

. . . . ($3,331.28), T-Mobile ($143.19), Chase Bank ($0.37), and Wachter ($23,541,-561.54). . . .

In CHILDERS, v., 311 B.R. 232 (Bankr. E.D. Wis. 2004)

. . . consisting of the face amount of the checks, $25 per check in bank/handling charges, triple damages of $561.54 . . .

BAINBRIDGE, E. v. E. TURNER,, 311 F.3d 1104 (11th Cir. 2002)

. . . . § 561.54(1). . . . . § 561.54(2), and felony prosecution, id. § 561.545(3). . . . The key substantive provision — section 561.54(1) — provides: It is unlawful for common or permit carriers . . . It is unclear whether the remedy appellants seek — an injunction against the enforcement of sections 561.54 . . .

C. A. DICKERSON, R. v. BAILEY,, 212 F. Supp. 2d 673 (S.D. Tex. 2002)

. . . Codified at Florida Statutes §§ 561.54(1— 2), 561.545(1). . . . .

BAINBRIDGE, s v. BUSH, s, 148 F. Supp. 2d 1306 (M.D. Fla. 2001)

. . . Introduction Plaintiffs assert that the Florida direct shipment law, codified at §§ 561.54(1-2), 561.545 . . . Stat. §§ 561.54, 561.545. . . . In reaching its conclusion, the court noted that an array of state statutes, including section 561.54 . . .

FLORIDA DEPARTMENT OF BUSINESS REGULATION v. ZACHY S WINE AND LIQUOR, INC., 125 F.3d 1399 (11th Cir. 1997)

. . . . §§ 561.14, 561.54, 561.57. . . .

MILTON S. KRONHEIM COMPANY, INC. v. DISTRICT OF COLUMBIA,, 91 F.3d 193 (D.C. Cir. 1996)

. . . . § 561.54 (1987) (“It is unlawful ... to make delivery from without the state of any alcoholic beverage . . .

BELK- JAMES, INC. a v. A. NUZUM,, 358 So. 2d 174 (Fla. 1978)

. . . . §§ 562.07 and 561.54, Fla.Stat. (1975). . §§ 562.20 and 561.55, Fla.Stat. (1975). . . . .

STATE v. ALTMAN,, 106 So. 2d 401 (Fla. 1958)

. . . Act Amending Sections 561.05, 561.20, 561.29, 561.32, 561.34, 561.42, 561.43, 561.44, 561.45, 561.47, 561.54 . . .