(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.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 561 - Beverage Law: Administration
561.02 - Creation and Duties of Division of Alcoholic Beverages and Tobacco.
561.025 - Alcoholic Beverage and Tobacco Trust Fund.
561.027 - Federal Law Enforcement Trust Fund.
561.051 - Reporting Requirements of Director.
561.08 - Enforcement of Beverage Law; Division to Prescribe Forms.
561.11 - Power and Authority of Division.
561.1105 - Inspection of Licensed Premises; Coin-Operated Amusement Machines.
561.111 - Payment of Taxes by Electronic Funds Transfer.
561.1211 - Credit for Contributions to Eligible Nonprofit Scholarship-Funding Organizations.
561.1212 - Credit for Contributions to the New Worlds Reading Initiative.
561.1213 - Credit for Contributions to Eligible Charitable Organizations.
561.14 - License and Registration Classification.
561.15 - Licenses; Qualifications Required.
561.17 - License and Registration Applications; Approved Person.
561.18 - License Investigation.
561.181 - Temporary Initial Licenses.
561.19 - License Issuance Upon Approval of Division.
561.20 - Limitation Upon Number of Licenses Issued.
561.22 - Licensing Manufacturers, Distributors, and Registered Exporters as Vendors Prohibited.
561.29 - Revocation and Suspension of License; Power to Subpoena.
561.32 - Transfer of Licenses; Change of Officers or Directors; Transfer of Interest.
561.33 - Licensee Moving to New Location; Changing Name of Business.
561.342 - County and Municipal License Tax.
561.37 - Bond for Payment of Taxes.
561.371 - Bond for Payment of Taxes by Spirituous Liquor Distributors.
561.38 - Issuance of License Prohibited Until Bond Approved; Cancellation or Expiration of Bond.
561.411 - Qualifications for Distributors.
561.4205 - Keg Deposits; Limited Alternative Inventory and Reconciliation Process.
561.421 - Temporary Convention Permits.
561.423 - Beer and Malt Beverages; In-Store Servicing Authorized.
561.424 - Vinous Beverages; In-Store Servicing Authorized.
561.49 - No Tax on Out-of-State Sales.
561.495 - Legislative Findings; Cost of Regulating Imported Beverages.
561.50 - One State Tax Payment; Reports.
561.5101 - Come-to-Rest Requirement; Exceptions; Penalties.
561.54 - Certain Deliveries of Beverages Prohibited.
561.545 - Certain Shipments of Beverages Prohibited; Penalties; Exceptions.
561.56 - Transportation of Beverages by Manufacturers, Distributors, and Exporters.
561.57 - Deliveries by Licensees.
561.58 - Issuance of License for a Prior License Revoked.
561.65 - Mortgagee’s Interest in License.
561.665 - Division to Restrict Licensees From Permitting Certain Activities.
561.67 - Reclamation by Distributor of Beverages Not Paid for by Licensed Vendors.
561.68 - Licensure; Distributor’s Salespersons.
561.695 - Stand-Alone Bar Enforcement; Qualification; Penalties.
561.703 - Definitions Relating to Florida Responsible Vendor Act.