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. 561.57

561.57 Deliveries by licensees.—

(1) Vendors shall be permitted to make deliveries away from their places of business of sales actually made at the licensed place of business; provided, telephone, electronic, or mail orders received at a vendor’s licensed place of business shall be construed as a sale actually made at the vendor’s licensed place of business. Deliveries made by a vendor away from his or her place of business may be made in vehicles that are owned or leased by the vendor or in a third-party vehicle pursuant to a contract with a third party with whom the vendor has contracted to make deliveries, including, but not limited to, common carriers. By acceptance of an alcoholic beverage license, the vendor agrees that vehicles that are owned or leased by the vendor shall always be subject to inspection and search without a search warrant for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied with by authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or other times the vehicle is being used to transport or deliver alcoholic beverages. A manufacturer possessing a vendor’s license under s. 561.221(2) is not permitted to make deliveries under this subsection.

(2) Deliveries made by a manufacturer or distributor away from his or her place of business may be made only in vehicles that are owned or leased by the licensee. By acceptance of an alcoholic beverage license and the use of such vehicles, the licensee agrees that such vehicle shall always be subject to be inspected and searched without a search warrant, for the purpose of ascertaining that all provisions of the alcoholic beverage laws are complied with, by authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or other times the vehicle is being used to transport or deliver alcoholic beverages.

(3) A licensed vendor may transport alcoholic beverage purchases from a distributor’s place of business to the vendor’s licensed premises or off-premises storage, if the vehicle used to transport the alcoholic beverages is owned or leased by the vendor or any person who has been disclosed on a license application filed by the vendor and approved by the division. A vehicle owned or leased by a person disclosed on a license application filed by the vendor and approved by the division under this subsection must be operated by such person when transporting alcoholic beverage purchases from a distributor’s place of business to the vendor’s licensed premises or off-premises storage.

(4) Nothing contained in this section shall prohibit deliveries by the licensee from his or her permitted storage area or deliveries by a distributor from the manufacturer to his or her licensed premises; nor shall a pool buying agent be prohibited from transporting pool purchases to the licensed premises of his or her members with the licensee’s owned or leased vehicles. In addition, a licensed salesperson of wine and spirits is authorized to deliver alcoholic beverages in his or her vehicle on behalf of the distributor.

(5) Common carriers may transport alcoholic beverages.

(6) Valid proof of the recipient’s identity and age shall be verified and documented at the time of delivery. All deliveries made pursuant to this section, either by a licensee or third party, must comply with s. 562.11.

History.—s. 11(c), ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 17, ch. 25359, 1949; s. 32, ch. 57-420; s. 14, ch. 63-562; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 6, ch. 88-308; s. 851, ch. 97-103; s. 1, ch. 2013-170; s. 5, ch. 2015-12; s. 71, ch. 2016-10; s. 1, ch. 2018-133.

F.S. 561.57 on Google Scholar

F.S. 561.57 on Casetext

Amendments to 561.57

Arrestable Offenses / Crimes under Fla. Stat. 561.57

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.57.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WINE COUNTRY GIFT BASKETS. COM K L L. L. R. v. T. STEEN, Jr. Jr., 612 F.3d 809 (5th Cir. 2010)

. . . . § 561.57(1); 235 III. Comp. Stat. Ann. § 5/5 — 1(d); Ind.Code Ann. § 7.1-3-9-9; Iowa Admin. . . .

SIESTA VILLAGE MARKET LLC, Dr. v. T. STEEN, Jr. Jr. K L L. L. R. v., 595 F.3d 249 (5th Cir. 2010)

. . . . § 561.57(1); 235 Ill. Comp. Stat. Ann. § 5/5 — 1(d); Ind.Code Ann. § 7.1-3-9-9; Iowa Admin. . . .

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

. . . . § 561.57(2). In no event, however, can a vendor ship to consumers by common carrier. . . . We agree with the State that section 561.57 is unambiguous in its requirement of delivery by privately . . . Since section 561.221 allows .wineries to attain vendors’ licenses and section 561.57 grants vendors . . . proposed remedy, out-of-state wineries will still be subject to the general requirement of section 561.57 . . .

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

. . . Plaintiffs argue that pursuant to sections 561.57 and 562.07(1), Florida Statutes, instate retailers . . . Stat. §§ 561.57, 562.07(1) with Plaintiff's Answers to Defendant's Interrogatories (Dkt.92). . . .

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. . . .