Florida Statute 565.95 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 565
LIQUOR

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F.S. 565.095

565.095 Licensure as primary American source of supply.—

(1) DEFINITION.—“Primary American source of supply” means the manufacturer, rectifier, or bottler, or their legally authorized exclusive agent, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. It shall also include any applicant who directly purchases spirituous liquors from a manufacturer, rectifier, or bottler who represents that there is no primary American source of supply for the brand, and such applicant must petition the division for approval of licensure.

(2) TAX CONTROL LICENSURE REQUIRED.—For purposes of tax revenue control, no person, firm, corporation, or other entity which is the primary American source of supply as defined herein may sell, offer for sale, accept orders for sale, ship, or cause to be shipped into this state any spirituous liquors to any distributor or importer within the state without having first obtained licensure as a primary American source of supply on forms provided by, and in such manner as prescribed by, the division. Applicants for licensure as a primary American source of supply shall be exempt from the requirements and qualification standards set forth in ss. 561.15 and 561.17.

(3) LICENSE FEES.—Licensure as a primary American source of supply authorizes the shipment of distilled spirits manufactured within and without the state to licensed distributors, importers, manufacturers, bonded warehouses, and registered exporters within the state. The annual license fee for a primary American source of supply is $30 for each brand that requires a federal label approval and is scheduled for shipment to a licensed distributor or importer within this state for the purpose of being sold within the state. The annual license fee shall be submitted with the application for initial licensure. This license shall be renewed each year, and the renewal fee shall be $30 for each brand shipped into the state during the preceding year.

(4) CERTAIN INTERSTATE AND FOREIGN SHIPMENTS PROHIBITED.—No holder of a distributor’s license or importer’s license as classified by s. 561.14(2) may ship or cause to be shipped into this state, or accept delivery of from another state or a foreign country, any spirituous liquors except directly from a primary American source of supply.

(5) PRIVATE LABELS.—Nothing herein shall prohibit the ownership by vendors of brand names of distilled spirits and vinous beverages commonly known as private labels; provided, that such ownership and use thereof does not otherwise violate the Beverage Law.

(6) RULEMAKING AUTHORITY.—The division shall promulgate rules as necessary to carry out the purpose of this section.

History.—ss. 2, 3, ch. 78-135; s. 2, ch. 85-58; s. 11, ch. 96-419.

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Amendments to 565.095

Annotations, Discussions, Cases:

Cases Citing Statute 565.095

Total Results: 10

Park Benziger & Co. v. SOUTHERN WINE, ETC.

391 So. 2d 681, 1980 Fla. LEXIS 4453

Supreme Court of Florida | Filed: Dec 11, 1980 | Docket: 1653762

Cited 11 times | Published

judge passed upon the constitutionality of section 565.095, Florida Statutes, which deals with the distribution

Fla. Bev. Corp. v. Div. of Alcoholic Bev.

503 So. 2d 396

District Court of Appeal of Florida | Filed: Feb 23, 1987 | Docket: 1452765

Cited 9 times | Published

consistent with the above authorities, held that Section 565.095(5) (Chapter 565's liquor counterpart to the

National Distributing Company, Inc. v. James B. Beam Distilling Co.

845 F.2d 307, 1988 U.S. App. LEXIS 6539

Court of Appeals for the Eleventh Circuit | Filed: May 18, 1988 | Docket: 979916

Cited 7 times | Published

Florida First District Court of Appeal held that section 565.095(5) is a statute which, by virtue of the above-stated

Gulfside Distributors, Inc. v. Becco, Ltd., D/B/A Dribeck Importers, Inc.

985 F.2d 513, 1993 U.S. App. LEXIS 4103, 1993 WL 39736

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 1993 | Docket: 1036871

Cited 3 times | Published

the Florida Supreme Court held that Fla.Stat. § 565.-095(5), which prescribes the procedure to be followed

National Distributing Co. v. James B. Beam Distilling Co.

845 F.2d 307, 1988 WL 40211

Court of Appeals for the Eleventh Circuit | Filed: May 18, 1988 | Docket: 66234655

Published

Florida First District Court of Appeal held that section 565.095(5) is a statute which, by virtue of the above-stated

Standard Distributing Co. v. Florida Department of Business Regulation, Division of Alcoholic Beverages

473 So. 2d 216, 1985 Fla. App. LEXIS 13967

District Court of Appeal of Florida | Filed: May 16, 1985 | Docket: 64613394

Published

DCA 1983), this court specifically held that § 565.095(5) is a statute which becomes a part of any contract

Somerset Importers, Ltd. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

428 So. 2d 679, 1983 Fla. App. LEXIS 18484

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 64595853

Published

petitioned appellee for a declaratory statement that § 565.-095(5) was inapplicable in this situation, where

Florida Beverage Corp. v. Division of Alcoholic Beverages & Tobacco

424 So. 2d 890, 1982 Fla. App. LEXIS 21963

District Court of Appeal of Florida | Filed: Dec 20, 1982 | Docket: 64594512

Published

declaratory statement wherein the agency, construing Section 565.095(5), Florida Statutes, pertaining to withdrawal

Paddington Corp. v. Southern Wine & Spirits, Inc.

397 So. 2d 958, 1981 Fla. App. LEXIS 19212

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64582380

Published

because no proceedings had been had pursuant to Section 565.095(5), Florida Statutes (1979) to withdraw this

General Wholesale Co. v. Division of Alcoholic Beverages & Tobacco

375 So. 2d 581, 1979 Fla. App. LEXIS 15406

District Court of Appeal of Florida | Filed: Aug 21, 1979 | Docket: 64572126

Published

answer a question as to the application of Section 565.095(5), Florida Statutes (1978 Supp.), which was