Florida/Georgia Personal Injury & Workers Compensation

...The Court having reviewed said motions, the parties' memoranda, the brief of amici curiae, having heard oral argument from counsel, and being otherwise fully advised in the premises, finds and concludes as follows: I. Introduction Plaintiffs assert that the Florida direct shipment law, codified at §§ 561.54(1-2), 561.545(1), Florida Statutes, violates the Commerce Clause by discriminating against interstate wine sales and protecting economic interests of in-state business, and by regulating sales transactions that occur in other states....

...In conjunction with this distribution system, it is unlawful for any person in the business of selling alcoholic beverages to knowingly ship alcoholic beverages from an out-of-state location directly to any person in this state who does not hold a valid manufacturer's or wholesaler's license. See FLA. STAT. §§ 561.54, 561.545. In this regard, Section 561.545, Florida Statutes, provides in pertinent part: The Legislature finds that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages to residents of this state in violation of the Beverage Law...

...of warehouses, e.g., auditing company records, monitoring compliance with the ABC laws, monitoring licenses, checking tax forms for audits, etc." Id. at 203. [12] In reaching its conclusion, the court noted that an array of state Statutes, including section 561.54, Florida Statutes, would be subject to potential attack based on the Commerce Clause if administrative and enforcement concerns were not sufficient to justify Twenty-First Amendment protection....

...could also deliver by common carrier. 4 Specifically, out-of-state wineries are prohibited from directly delivering their products to consumers, whether by private vehicle or common carrier. FLA. STAT. ANN. § 561.54(1).7 Violators are potentially subject to treble damages, id. § 561.54(2), and felony prosecution, id. § 561.545(3)....

...uch so that many of them are unable to enter the Florida market, and many wine connoisseurs are unable to attain the wines they desire.8 This discriminatory scheme, it is alleged, violates the 7 The key substantive provision – section 561.54(1) – provides: It is unlawful for common or permit carriers, operators of privately owned cars, trucks, buses, or other conveyances or out-of-state manufacturers or suppliers to make delivery from without the st...

...manufacturers, distributors, and exporters of such beverages so delivered and to qualified bonded warehouses in this state. 8 It is unclear whether the remedy appellants seek – an injunction against the enforcement of sections 561.54 and 561.545(1) – would actually remedy the harm from the alleged constitutional violation....

...could also deliver by common carrier. 4 Specifically, out-of-state wineries are prohibited from directly delivering their products to consumers, whether by private vehicle or common carrier. FLA. STAT. ANN. § 561.54(1).7 Violators are potentially subject to treble damages, id. § 561.54(2), and felony prosecution, id. § 561.545(3)....

...uch so that many of them are unable to enter the Florida market, and many wine connoisseurs are unable to attain the wines they desire.8 This discriminatory scheme, it is alleged, violates the 7 The key substantive provision – section 561.54(1) – provides: It is unlawful for common or permit carriers, operators of privately owned cars, trucks, buses, or other conveyances or out-of-state manufacturers or suppliers to make delivery from without the st...

...manufacturers, distributors, and exporters of such beverages so delivered and to qualified bonded warehouses in this state. 8 It is unclear whether the remedy appellants seek – an injunction against the enforcement of sections 561.54 and 561.545(1) – would actually remedy the harm from the alleged constitutional violation....