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Florida Online Sales

by | Jun 6, 2018 | alcohol beverage law, Florida, Three Tier System

The Florida House of Representatives recently amended Florida Statute 561.57 which now takes into account the growing popularity of alcohol delivery services, including online orders and third-party delivery services. Previously, the law did not acknowledge that electronic orders made online constituted a sale made at the vendor’s place of business.

Now, subsection (1) recognizes that electronic orders constitute a sale actually made at the vendor’s licensed place of business and that deliveries may be made by both the vendor in vehicles that are owned or leased by the vendor or in a third-party vehicle pursuant to a contract with a third party with whom the vendor has contracted to make deliveries, including, but not limited to, common carriers. Formerly, common carriers were not allowed to make deliveries directly to customers, greatly limiting the volume of alcohol deliveries that could be made. However, manufacturers and distributors are still not afforded the privilege of third-party delivery services and can only deliver alcohol in vehicles that are owned or leased by the licensee.

Lastly, subsection (6) was newly added to highlight the importance of the continuing duty of both vendors and third-party delivery companies to request valid proof of the recipient’s identity and age at the time of delivery, just as age verification is mandated at the vendor’s physical location.

These changes will take effect from July 1, 2018.

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The foregoing was prepared as general information. It is not meant to provide legal advice granting any specific matter and should not be acted upon without professional counsel. If you have questions or require additional information regarding these or other related matters, please contact Malkin Law, P.A. This material may be considered attorney advertising under certain rules of professional conduct.

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