(1) The division shall issue to the distributor a written statement of reclamation, upon written request by such licensed distributor of spirituous, vinous, or malt beverages, to authorize reclamation by the distributor of such beverages delivered to and in possession of a licensed vendor pursuant to unpaid invoices. At the time the division issues a written statement of reclamation to the distributor, the division shall mail a copy of the statement to any financial institution or third party which has, according to the records of the Secretary of State, a perfected security interest in the spirituous, vinous, or malt beverages inventory of the licensed vendor. Reclamation by the distributor is authorized when such transaction is the cause of an unpaid account, for which the vendor has been notified pursuant to the Beverage Law, and the excise tax has been paid or is due and payable by the distributor.
(2) If reclamation wholly satisfies the unpaid invoices, the distributor shall notify the division in writing, and such vendor shall be considered to have fully paid for all beverages previously purchased from that distributor.
(3) Neither the division, nor any employee of the division, shall be liable to any person for any cause whatsoever arising out of, or from, any acts by the division, by the division director, or by any employee of the division under the provisions of this section.
(4) The division shall promulgate rules to assist in the enforcement of this section.
History.—s. 1, ch. 86-228; s. 2, ch. 92-91; s. 347, ch. 96-406.
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.