SB 1020 — Alcohol Deliveries

Florida Senate - 2018 CS for CS for CS for SB 1020 By the Committees on CommerceRules; and Tourism;

Commerce and Tourism;

and Senators Young, Hutson, and Brandes 577-02324-18595-03285-18 20181020c220181020c3 A bill to be entitled An act relating to alcohol deliveries;

authorizing a manufacturer, distributor, or vendor to make certain deliveries in a third-party vehicle under certain circumstances;

providing that the vehicles used to make such deliveries are subject to certain inspections and searches under certain circumstances;

1315 Be It Enacted by the Legislature of the State of Florida:

1517 Section 1. Subsections (1) and (2) of section 561.57, Florida Statutes, are amended, and subsection (6) is added to that section, to read:

(2) Deliveries(2)(a) Deliveries made by a manufacturer,manufacturer or, distributor, or vendor away from his or her place of business may be made only in vehicles that which are owned or leased by the licensee.

Alternatively,By suchacceptance deliveriesof mayan bealcoholic madebeverage inlicense aand third-partythe use of such vehicles, the licensee agrees that such vehicle pursuantis shall always be subject to abe contractinspected withand searched without a thirdsearch partywarrant, withfor whomthe purpose of ascertaining that all provisions of the licenseealcoholic hasbeverage contractedlaws toare makecomplied deliveries,with, including,by butauthorized notemployees limitedof to,the commondivision carriers.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.

Any(b) Deliveries Bymade acceptanceby ofa anvendor alcoholicaway beveragefrom license and the usevendor’s place of suchbusiness vehicles,may The licensee agrees that such vehicle used to make such deliveries is shall always be subjectmade toonly inspectionsin andvehicles searchesthat beare inspectedowned andor searchedleased withoutby a search warrant, for the purposevendor ofor ascertainingwhich that all provisions of the alcoholic beverage laws are complied with, by authorized employeesto ofbe theused divisionfor andsuch alsodeliveries by sheriffs,a deputythird sheriffs,party andwith policewhom officersthe whenvendor duringhas businesscontracted hoursfor ordelivery, otherincluding, timesbut thenot vehiclelimited isto, beingcommon usedcarriers. to transport or deliver alcoholic beverages.

By acceptance of an alcoholic beverage license, or by contracting to make deliveries, and the use of such vehicles, including contracted third-party vehicles, the vendor or a third party with whom the vendor has contracted to make deliveries agree that such vehicles are 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 when the vehicles are being used to transport or deliver alcoholic beverages.