Chapter 561 — Chapter 561
68 sections in this chapter.
Fla. Stat. § 561.01 Definitions
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As used in the Beverage Law:(1) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(2) “Department” means the Department of Business and Professional Regulation.(3) “State bonded warehouse” means any licensed…
Fla. Stat. § 561.02 Creation and duties of Division of Alcoholic Beverages and Tobacco
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There is created within the Department of Business and Professional Regulation the Division of Alcoholic Beverages and Tobacco, which shall supervise the conduct, management, and operation of the manufacturing, packaging, distribution, and sale within the state of all alcoholic b…
Fla. Stat. § 561.025 Alcoholic Beverage and Tobacco Trust Fund
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There is created within the State Treasury the Alcoholic Beverage and Tobacco Trust Fund. All funds collected by the division under ss. 210.15, 210.40, or under s. 569.003 and the Beverage Law with the exception of state funds collected pursuant to ss. 563.05, 564.06, and 565.12 …
Fla. Stat. § 561.027 Federal Law Enforcement Trust Fund
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(1) The Federal Law Enforcement Trust Fund is created within the Department of Business and Professional Regulation. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and …
Fla. Stat. § 561.051 Reporting requirements of director
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The director of the division shall promptly report and remit to the Chief Financial Officer all taxes and fees collected by him or her hereunder.
Fla. Stat. § 561.08 Enforcement of Beverage Law; division to prescribe forms
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The division shall enforce the provisions of the Beverage Law and cigarette tax law and perform such other acts as may be necessary to carry out the provisions thereof, and the division shall prescribe forms of bonds, reports, and other papers, to be used under and in the executi…
Fla. Stat. § 561.11 Power and authority of division
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(1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of the Beverage Law.(2) The division shall have full power and authority to appoint division personnel and provide for the continuous training and upgrading of all such…
Fla. Stat. § 561.1105 Inspection of licensed premises; coin-operated amusement machines
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In conducting inspections of establishments licensed under the Beverage Law, the division shall determine if each coin-operated amusement machine that is operated on the licensed premises is properly registered with the Department of Revenue. Each month, the division shall report…
Fla. Stat. § 561.111 Payment of taxes by electronic funds transfer
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The Secretary of Business and Professional Regulation may require a person who manufactures or distributes alcoholic beverages within the state to remit by electronic funds transfer any tax imposed under chapter 563, chapter 564, or chapter 565 if the taxpayer is subject to tax a…
Fla. Stat. § 561.121 Deposit of revenue
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(1) All state funds collected pursuant to ss. 563.05, 564.06, 565.02(9), and 565.12 shall be paid into the State Treasury and disbursed in the following manner:(a) Two percent of monthly collections of the excise taxes on alcoholic beverages established in ss. 563.05, 564.06, and…
Fla. Stat. § 561.1211 Credit for contributions to eligible nonprofit scholarship-funding organizations
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There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s. 1002.395 against any tax due under s. 563.05, s. 564.06, or s. 565.12, except excise taxes imposed on wine produced by manufacturers in thi…
Fla. Stat. § 561.1212 Credit for contributions to the New Worlds Reading Initiative
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Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s. 1003.485 against any tax due under s. 563.05, s. 564.06, or s. 565.12, except excise taxes imposed on wine produced by manufacturers …
Fla. Stat. § 561.1213 Credit for contributions to eligible charitable organizations
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Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to an eligible charitable organization under s. 402.62 against any tax due under s. 563.05, s. 564.06, or s. 565.12, except excise taxes imposed on wine produced by manufacturers …
Fla. Stat. § 561.1214 Child care tax credits
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Beginning January 1, 2024, there is allowed a credit pursuant to s. 402.261 against any tax due under s. 563.05, s. 564.06, or s. 565.12, except excise taxes imposed on wine produced by manufacturers in this state from products grown in this state. However, a credit allowed under…
Fla. Stat. § 561.14 License and registration classification
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Licenses and registrations referred to in the Beverage Law shall be classified as follows:(1) Manufacturers licensed to manufacture alcoholic beverages and distribute the same at wholesale to licensed distributors and to no one else within the state, unless authorized by statute.…
Fla. Stat. § 561.15 Licenses; qualifications required
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(1) Licenses shall be issued only to persons of good moral character who are not less than 21 years of age. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 21 years of age. There shall be no exemptions fro…
Fla. Stat. § 561.17 License and registration applications; approved person
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(1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is…
Fla. Stat. § 561.18 License investigation
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After the application has been filed with the local district office supervisor, the district supervisor shall cause the application to be fully investigated, both as to qualifications of the applicants and a manager or person to be in charge and the premises and location sought t…
Fla. Stat. § 561.181 Temporary initial licenses
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(1)(a) When any person has filed a properly completed application which does not on its face disclose any reason for denying an alcoholic beverage license, the division shall issue to such person a temporary initial license of the same type and series for which the application ha…
Fla. Stat. § 561.19 License issuance upon approval of division
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(1) Upon the completion of the investigation of an application, the division shall approve or disapprove the application. If approved, the license shall be issued upon payment to the division of the license tax hereinafter provided.(2)(a) When beverage licenses become available b…
Fla. Stat. § 561.20 Limitation upon number of licenses issued
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(1) No license under s. 565.02(1)(a)-(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county exceeds one such license to each 7,500 residents within such county. Regardless of the number of quota licenses issued prior t…
Fla. Stat. § 561.22 Licensing manufacturers, distributors, and registered exporters as vendors prohibited
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(1) Except as provided in this section, any applicant may receive a license as a manufacturer or distributor or may be registered as an exporter, but a license or registration may not be issued to a manufacturer, distributor, or exporter as a vendor, and a license or registration…
Fla. Stat. § 561.221 Licensing of manufacturers and distributors as vendors and of vendors as manufacturers; conditions and limitations
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(1)(a) Nothing contained in s. 561.22, s. 561.42, or any other provision of the Beverage Law prohibits the ownership, management, operation, or control of not more than three vendor’s licenses for the sale of alcoholic beverages by a manufacturer of wine who is licensed and engag…
Fla. Stat. § 561.23 License display
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All vendors licensed under the Beverage Law shall display their licenses in conspicuous places on their licensed premises.
Fla. Stat. § 561.24 Licensing manufacturers as distributors or registered exporters prohibited; procedure for issuance and renewal of distributors’ licenses and exporters’ registrations
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(1) A manufacturer, rectifier, or distiller that manufactures, rectifies, or distills spirituous liquors or wine may not be granted a license as a distributor and may not register as an exporter.(2) A manufacturer, rectifier, or distiller that manufactures, rectifies, or distills…
Fla. Stat. § 561.25 Officers and employees prohibited from being employed by or engaging in beverage business; penalties; exceptions
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(1) No officer or employee of the division, and no sheriff or other state, county, or municipal officer with state police power granted by the Legislature, shall be permitted to engage in the sale of alcoholic beverages under the Beverage Law; or shall be employed, directly or in…
Fla. Stat. § 561.26 Term of license
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(1) Except as provided in s. 561.351, no license shall be issued except an annual license. Licenses shall be renewed annually, and the division shall adopt an appropriate rule establishing the schedule for license renewals, which may provide for a semiannual schedule based on a d…
Fla. Stat. § 561.27 Renewal of license
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(1) A licensee under the Beverage Law shall be entitled to a renewal of his or her annual license from year to year, as a matter of course, in accordance with a schedule of license renewals as established by the division and by paying the annual license tax and giving any bond re…
Fla. Stat. § 561.29 Revocation and suspension of license; power to subpoena
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(1) The division is given full power and authority to revoke or suspend the license of any person holding a license under the Beverage Law, when it is determined or found by the division upon sufficient cause appearing of:(a) Violation by the licensee or his or her or its agents,…
Fla. Stat. § 561.32 Transfer of licenses; change of officers or directors; transfer of interest
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(1) Licenses issued under the provisions of the Beverage Law shall not be transferable except as follows:(a) When a licensee has made a bona fide sale of the business which he or she is so licensed to conduct, he or she may obtain a transfer of such license to the purchaser of th…
Fla. Stat. § 561.33 Licensee moving to new location; changing name of business
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(1) Any licensee may move his or her place of business and sell at his or her new place of business upon approval by the division of the licensee’s application for such change of location. Upon approval of the application, there shall be issued to such licensee a license for the …
Fla. Stat. § 561.331 Temporary license upon application for transfer, change of location, or change of type or series
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(1) Upon the filing of a properly completed application for transfer pursuant to s. 561.32, which application does not on its face disclose any reason for denying an alcoholic beverage license, by any purchaser of a business that possesses a beverage license of any type or series…
Fla. Stat. § 561.342 County and municipal license tax
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(1) Twenty-four percent of the license taxes imposed under ss. 561.14(6), 563.02, 564.02, 565.02(1), (4), and (5), and 565.03 collected within the county shall be returned to the appropriate county tax collector.(2) Thirty-eight percent of the license taxes imposed under ss. 561.…
Fla. Stat. § 561.351 Manufacturers, brokers, sales agents, importers, and passenger common carriers; term of license
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All licenses of manufacturers, brokers, sales agents, importers, and passenger common carriers as provided for under s. 565.02 shall be issued annually and shall run from October 1 to the succeeding September 30; except that, when a manufacturer, broker, sales agent, importer, or…
Fla. Stat. § 561.37 Bond for payment of taxes
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Each manufacturer and each distributor shall file with the division a surety bond acceptable to the division in the sum of $25,000 as surety for the payment of all taxes, provided, however, that when in the discretion of the division the amount of business done by the manufacture…
Fla. Stat. § 561.371 Bond for payment of taxes by spirituous liquor distributors
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Each distributor of spirituous liquors shall file with the division a surety bond acceptable to the division in the sum of $100,000 as surety for the payment of all taxes provided under the provisions of this chapter.
Fla. Stat. § 561.38 Issuance of license prohibited until bond approved; cancellation or expiration of bond
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A license may not be issued to a manufacturer or distributor until the bond herein provided for has been approved by the division. If at any time the bond is canceled or expires, the licensee is enjoined from making any further purchases, sales, distribution, or exportation of al…
Fla. Stat. § 561.41 Maintenance and designation of principal office by manufacturers, distributors, importers, and exporters
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Each licensed manufacturer, distributor, and importer and each registered exporter must have within this state an office designated as its principal office within this state and may maintain branch offices within or without this state. The principal and branch offices of each man…
Fla. Stat. § 561.411 Qualifications for distributors
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No distributor’s license shall be issued to or held by any person or business which does not meet and maintain the following qualifications with respect to its warehouse inventory and sales.(1) The distributor must maintain warehouse space which is either owned or leased by the d…
Fla. Stat. § 561.42 Tied house evil; financial aid and assistance to vendor by manufacturer, distributor, importer, primary American source of supply, brand owner or registrant, or any broker, sales agent, or sales person thereof, prohibited; procedure for enforcement; exception
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(1) No manufacturer, distributor, importer, primary American source of supply, or brand owner or registrant of any of the beverages herein referred to, whether licensed or operating in this state or out-of-state, nor any broker, sales agent, or sales person thereof, shall have an…
Fla. Stat. § 561.4205 Keg deposits; limited alternative inventory and reconciliation process
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(1) A distributor selling an alcoholic beverage to a vendor in bulk, by recyclable keg or other similar reusable container, for the purpose of sale in draft form on tap, must charge the vendor a deposit, to be referred to as a “keg deposit,” in an amount not less than that charge…
Fla. Stat. § 561.421 Temporary convention permits
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In convention halls, coliseums, and similar type buildings where there is an existing beverage license, upon the approval of the incorporated city, town, or board of county commissioners, the director may, in his or her discretion, issue a permit for not more than 5 calendar days…
Fla. Stat. § 561.422 Nonprofit civic organizations, charitable organizations, municipalities, and counties; temporary permits
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Upon the filing of an application, presentation of a local building and zoning permit, and payment of a fee of $25 per permit, the director of the division may issue a permit authorizing a bona fide nonprofit civic organization, charitable organization, municipality, or county to…
Fla. Stat. § 561.423 Beer and malt beverages; in-store servicing authorized
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Nothing in s. 561.42 or any other provision of the Beverage Law shall prohibit a distributor of beer or malt beverages from providing in-store servicing of beer or malt beverages. “In-store servicing” as used herein means quality control procedures which include, but are not limi…
Fla. Stat. § 561.424 Vinous beverages; in-store servicing authorized
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(1) It is the finding of the Legislature that the in-store servicing of wine by a distributor is a necessary part of a distributor’s function and responsibility to a vendor. It is further the finding of the Legislature that the in-store servicing of wine by a distributor is not i…
Fla. Stat. § 561.425 Distilled spirits; in-store servicing authorized
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(1) Nothing in s. 561.42 or any other provision of the alcoholic beverage law prohibits a distributor of distilled spirits from providing in-store servicing of distilled spirits sold by the distributor to a vendor.(2) As used in this section, the term “in-store servicing” means:(…
Fla. Stat. § 561.43 Dry counties; manufacturers’ or distributors’ licenses; exporters’ registrations; exemptions
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(1) A license may not be issued to a manufacturer or distributor, and a registration may not be issued to an exporter, for the operation of a manufacturing or distributing plant or exporting establishment in any county where the sale of intoxicating liquors, wines, and beers is p…
Fla. Stat. § 561.49 No tax on out-of-state sales
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The excise taxes provided for in this chapter shall be paid as to all such beverages sold within this state. No excise tax shall be required to be paid by manufacturers, distributors, or exporters as to the sale of beverages which are actually delivered by such manufacturer, dist…
Fla. Stat. § 561.495 Legislative findings; cost of regulating imported beverages
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Effective July 1, 1988, the Legislature finds and determines that the authorized transportation and importation into the state of alcoholic beverages described in chapters 564 and 565 require strict enforcement of state statutes regulating and administering the manufacture, distr…
Fla. Stat. § 561.50 One state tax payment; reports
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(1) There shall be only one state tax paid as to each gallon or fraction thereof of beverage sold under the Beverage Law, and no other excise tax shall be levied directly or indirectly. Such tax shall be computed from the reports, books, and records of manufacturers and distribut…