The 2023 Florida Statutes (including Special Session C)

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.

F.S. 565.095 on Google Scholar

F.S. 565.095 on Casetext

Amendments to 565.095

Arrestable Offenses / Crimes under Fla. Stat. 565.095

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 565.095.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATIONAL DISTRIBUTING COMPANY, INC. d b a NDC d b a d b a a v. JAMES B. BEAM DISTILLING CO., 845 F.2d 307 (11th Cir. 1988)

. . . At the time the parties signed the original contract, Florida law contained sections 564.045(5) and 565.095 . . . , 428 So.2d 679 (Fla. 1st D.C.A.1983), the Florida First District Court of Appeal held that section 565.095 . . . These statutes provided, in pertinent part, as follows: § 565.095(5), effective July 1, 1978, reads as . . .

FLORIDA BEVERAGE CORPORATION, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 503 So. 2d 396 (Fla. Dist. Ct. App. 1987)

. . . So.2d 679 (Fla. 1st DCA 1983), this Court, consistent with the above authorities, held that Section 565.095 . . . licensed distributor and its registered primary American source of supply, as defined in s. 564.045 or s. 565.095 . . .

STANDARD DISTRIBUTING COMPANY OF PENSACOLA, FLORIDA v. FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES, ISC, 473 So. 2d 216 (Fla. Dist. Ct. App. 1985)

. . . In their motion for rehearing appellees have notified the court that §§ 564.045(5) and 565.095(5) have . . . Dept. of Business Reg., 428 So.2d 679 (Fla. 1st DCA 1983), this court specifically held that § 565.095 . . . In our opinion in this cause, we determined that §§ 565.095(5) and 564.045(5) applied to the parties . . . We hold that the repeal of §§ 564.045(5) and 565.095(5) has no effect upon our original opinion or upon . . . .-045(5) and 565.095(5) from manufacturers’ arbitrary acts of withdrawing brands or labels. . . . Thereupon, DBR issued a show cause order to ISC to determine why there had been no compliance with § 565.095 . . . Implicit in this court’s finding in Somerset that § 565.095(5) applies to a successor manufacturer is . . . be withdrawn “unless good cause for its withdrawal is shown by the manufacturer.” §§ 564.045(5) and 565.095 . . .

SOMERSET IMPORTERS, LTD. v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 428 So. 2d 679 (Fla. Dist. Ct. App. 1983)

. . . Section 565.095(5) provides in part that: No brand or label registered hereunder or any brand or label . . . Appellant’s primary argument that the statute is unconstitutional depends upon its contention that § 565.095 . . . On the contrary, § 565.095(5) is an existing law which becomes a part of any contract which appellant . . .

FLORIDA BEVERAGE CORPORATION, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 424 So. 2d 890 (Fla. Dist. Ct. App. 1982)

. . . This cause is before us on appeal from a declaratory statement wherein the agency, construing Section 565.095 . . . show or even allege that Respondents intended to formally withdraw Felipe Segundo pursuant to Section 565.095 . . . Section 565.095(5), Florida Statutes, was not intended to stifle competition or to prohibit dueling in . . .

PADDINGTON CORPORATION, v. SOUTHERN WINE AND SPIRITS, INC., 397 So. 2d 958 (Fla. Dist. Ct. App. 1981)

. . . supplying Southern with Bailey’s Irish Cream because no proceedings had been had pursuant to Section 565.095 . . .

PARK BENZIGER CO. INC. v. SOUTHERN WINE SPIRITS, INC., 391 So. 2d 681 (Fla. 1980)

. . . relief brought by Park Benziger & Co., the trial judge passed upon the constitutionality of section 565.095 . . . spirituous or vinous beverage from a distributor without going through the procedure prescribed by section 565.095 . . . Southern objected and claimed that section 565.095(5) precludes the supplier from doing either of those . . . We agree with Park Benziger’s contention that section 565.095(5) cannot be applied to the instant contract . . . J., and ADKINS, BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur. . § 565.095(5), effective July 1, 1978 . . .

GENERAL WHOLESALE COMPANY OF FLORIDA, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Co., 375 So. 2d 581 (Fla. Dist. Ct. App. 1979)

. . . the Department of Business Regulation declined to answer a question as to the application of Section 565.095 . . . In the Division’s opinion, the following language in Section 565.095(5) prevents manufacturer appointment . . . Considering the entire context of Section 565.095(5), we agree with the Division. . . .