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Florida Statutes, Title XXXIV

Florida/Statutes

← All Florida coverage

Title XXXIV, Alcoholic Beverages and Tobacco

8 chapters · 233 sections in this title.

All chapters in Title XXXIV233 Ch 561, Beverage Law: Administration70 Ch 562, Beverage Law: Enforcement52 Ch 569, Tobacco and Nicotine Products41 Ch 565, Liquor16 Ch 567, Local Option Elections15 Ch 563, Beer and Malt Beverages14 Ch 568, Intoxicating Liquors in Counties Whe…14 Ch 564, Wine11

52 sections·Filtered byTitle XXXIV✕Ch 562✕

Fla. Stat. § 562.01 Possession of untaxed beverages
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It is unlawful for any person to own, possess, purchase, sell, serve, distribute, or store any alcoholic beverages unless said person has fully complied with the pertinent provisions of the beverage law relating to the payment of excise taxes.History.—s. 9, ch. 16774, 1935; CGL 1…
Fla. Stat. § 562.02 Possession of beverage not permitted to be sold under license
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It is unlawful for a licensee under the Beverage Law or his or her agent to have in his or her possession, or permit anyone else to have in his or her possession, at or in the place of business of such licensee, alcoholic beverages not authorized by law to be sold by such license…
Fla. Stat. § 562.025 Possession of beverages as food ingredients
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This chapter shall not be construed to prohibit the owner or employee of a public food service establishment from possessing or using alcoholic beverages manufactured pursuant to law as ingredients to enhance the flavor of food prepared in connection with the operation of such es…
Fla. Stat. § 562.03 Storage on licensed premises
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(1) It is unlawful for any vendor to store or keep any alcoholic beverages in any building or room other than:(a) The building or room shown in the diagram accompanying the vendor’s license application;(b) A building or room approved by the division and located in a county where …

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Fla. Stat. § 562.06 Sale only on licensed premises

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Each license application shall describe the location of the place of business where such beverage may be sold. It is unlawful to sell, or permit the sale of such beverage except on the premises covered by the license as described in the application therefor.History.—s. 11, ch. 16…

Fla. Stat. § 562.061 Misrepresentation of beverages sold on licensed premises

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It is unlawful for any licensee, his or her agent or employee knowingly to sell or serve any beverage represented or purporting to be an alcoholic beverage which in fact is not such beverage. It is further unlawful for any licensee knowingly to keep or store on the licensed premi…

Fla. Stat. § 562.07 Illegal transportation of beverages

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It is unlawful for alcoholic beverages to be transported in quantities of more than 12 bottles except as follows:(1) By common carriers;(2) In the owned or leased vehicles of licensed vendors or any persons authorized in s. 561.57(3) transporting alcoholic beverage purchases from…

Fla. Stat. § 562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties

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1(1)(a) A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this paragraph commits a misdemeanor of the …

Fla. Stat. § 562.111 Possession of alcoholic beverages by persons under age 21 prohibited

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1(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall prec…

Fla. Stat. § 562.112 Alcohol-related or drug-related overdoses; medical assistance; immunity from arrest, charge, prosecution, and penalization

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(1) A person who gives alcohol to an individual under 21 years of age and who, acting in good faith, seeks medical assistance for the individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose may not be arrested, charged, prosecuted, o…

Fla. Stat. § 562.12 Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited

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(1)(a) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverages except as permitted by her or his license, or to sell such beverages in any manner except that permitted by her or his license; and …

Fla. Stat. § 562.121 Operating bottle club without license prohibited

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It is unlawful for any person to operate a bottle club without the license required by s. 561.14(6). Any person convicted of a violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 5, ch. 90-233.

Fla. Stat. § 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions

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(1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age.(2) This section shall not apply to:(a) Professional entertainers 17 years of age who are not in school.(b) Minors employed in t…

Fla. Stat. § 562.131 Solicitation for sale of alcoholic beverage prohibited; penalty

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(1) It is unlawful for any licensee, his or her employee, agent, servant, or any entertainer employed at the licensed premises or employed on a contractual basis to entertain, perform or work upon the licensed premises to beg or solicit any patron or customer thereof or visitor i…

Fla. Stat. § 562.14 Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises

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(1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. This sec…

Fla. Stat. § 562.15 Unlawful possession; unpaid taxes

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It is unlawful for any person to own or possess within this state any alcoholic beverage, unless full compliance has been had with the pertinent provisions of the Beverage Law as to payment of excise taxes on beverages of like alcohol content. However, this section shall not appl…

Fla. Stat. § 562.16 Possession of beverages upon which tax is unpaid

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Any person or corporation who shall own or have in her or his or its possession any beverage upon which a tax is imposed by the Beverage Law, or which would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions of…

Fla. Stat. § 562.165 Production of beer or wine for personal or family use; exemption

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(1) Notwithstanding any provisions to the contrary, a person who is not prohibited by s. 562.111 from possessing alcoholic beverages may produce beer for personal or family use, and not for sale, in the amounts provided in this section without payment of taxes or fees or without …

Fla. Stat. § 562.17 Collection of unpaid beverage taxes

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Any excise tax imposed by the Beverage Law may be collected as any other excise tax imposed by the state, and all rights and remedies available in the collection of any excise tax imposed by the state are made available for the collection of taxes imposed under the Beverage Law. …

Fla. Stat. § 562.18 Possession of beverage upon which federal tax unpaid

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It is unlawful for any person to have in her or his possession within this state any alcoholic beverage on which a federal excise tax is required to be paid, unless such federal excise tax has been paid as to such beverage.History.—s. 4, ch. 18015, 1937; CGL 1940 Supp. 4151(271d)…

Fla. Stat. § 562.20 Monthly reports by common and other carriers of beverages required

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(1) All common carriers of freight operating in the state shall file monthly reports with the division on forms to be prepared by the division which shall show in detail all shipments of alcoholic beverages transported by them to or from any point within the state.(2) Every other…

Fla. Stat. § 562.23 Conspiracy to violate Beverage Law; penalty

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If two or more persons shall conspire to do any act which is in violation of any of the provisions of the Beverage Law, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, if the act so conspired to be done wo…

Fla. Stat. § 562.24 Administration of oaths by director or authorized employees

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The director and authorized employees of the division may administer oaths or affirmations on statements of defendants charged with the violation of the Beverage Law and other things directly connected with the enforcement of said law.History.—s. 7, ch. 19301, 1939; CGL 1940 Supp…

Fla. Stat. § 562.25 State bonded warehouses

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(1) No operator of any storage warehouse shall accept for storage in such warehouse any alcoholic beverage subject to tax under the Beverage Law until such operator shall have obtained from the division a permit to store such beverage and shall have filed a bond payable to the di…

Fla. Stat. § 562.26 Delivering beverage on which tax unpaid

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It is unlawful for any storage warehouse operator to deliver any beverages subject to tax under the Beverage Law and on which the tax has not been paid to anyone within the state except a common carrier or a manufacturer or distributor licensed under the Beverage Law to manufactu…

Fla. Stat. § 562.27 Seizure and forfeiture

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(1) It is unlawful for any person to have in her or his possession, custody, or control, or to own, make, construct, or repair, any still, still piping, still apparatus, or still worm, or any piece or part thereof, designed or adapted for the manufacture of an alcoholic beverage,…

Fla. Stat. § 562.28 Possession of beverages in fraud of Beverage Law

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All beverages on which taxes are imposed by the Beverage Law or would be imposed if such beverages were manufactured in or brought into this state in accordance with the regulatory provisions of such law, which shall be found in the possession, or custody, or within the control o…

Fla. Stat. § 562.29 Raw materials and personal property; seizure and forfeiture

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All raw materials found in the possession of any person intending to manufacture the same into a beverage subject to tax under the Beverage Law, or into a beverage which would be subject to tax under such law if manufactured in accordance with the regulatory provisions thereof, f…

Fla. Stat. § 562.30 Possession of beverage prima facie evidence; exception

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The possession by any person, except a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier, of any beverage which is taxable under the Beverage Law, or which would be taxable thereunder if such beverage were manufactured in or brought into the stat…

Fla. Stat. § 562.31 Possession of raw materials prima facie evidence; exception

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The possession by any person, except a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier, of any mash, wort, or wash, or any other raw materials for the manufacture of beverage subject to tax under the Beverage Law, or which would be taxable ther…

Fla. Stat. § 562.32 Moving or concealing beverage with intent to defraud state of tax; penalty

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Every person who removes, deposits, or conceals, or is concerned in removing, depositing, or concealing any beverage for or in respect whereof any tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance…

Fla. Stat. § 562.33 Beverage and personal property; seizure and forfeiture

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Whenever any beverage on which any tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions thereof, or any materials, utensils, or vessels proper, or other personal proper…

Fla. Stat. § 562.34 Containers; seizure and forfeiture

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(1) It shall be unlawful for any person to have in her or his possession, custody, or control any cans, jugs, jars, bottles, vessels, or any other type of containers which are being used, are intended to be used, or are known by the possessor to have been used to bottle or packag…

Fla. Stat. § 562.35 Conveyance; seizure and forfeiture

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Every vehicle, vessel, or aircraft used in the transportation or removal of, or for the deposit or concealment of, any mash, wort, or wash or other fermented liquids, any moonshine whiskey, or any raw materials used to manufacture illicit liquors, utensils, or stills and stilling…

Fla. Stat. § 562.36 Beverage on conveyance prima facie evidence; proviso

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The presence, in any conveyance or place, of any beverage upon which a tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions thereof, and upon which the tax has not been…

Fla. Stat. § 562.38 Report of seizures

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Any sheriff, deputy sheriff, or police officer, upon the seizure of any property under this act, shall promptly report such seizure to the division or its representative, together with a description of all such property seized so that the state may be kept informed as to the size…

Fla. Stat. § 562.408 Exercise of police power

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It is deemed by the Legislature that this law is necessary for the more efficient and proper enforcement of the statutes and laws of this state prohibiting the manufacture of, or traffic in, illicit moonshine whiskey and a lawful exercise of the police power of the state for the …

Fla. Stat. § 562.41 Searches; penalty

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(1) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may make searches of persons, places, and conveyances of any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions …

Fla. Stat. § 562.42 Destruction of forfeited property

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In case of the seizure of any intoxicating beverage, still, doubler, worm, worm tub, still piping, still apparatus or any piece or part thereof, any mash, wort, or wash or other fermented liquids and any containers therefor, for any offense involving forfeiture of the same, where…

Fla. Stat. § 562.44 Donation of forfeited beverages or raw materials to state institutions; sale of forfeited beverages

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Any alcoholic beverage or raw materials used for the manufacture of alcoholic beverages that may be seized and forfeited under any of the provisions of the Beverage Law may, with the approval and consent of the Department of Business and Professional Regulation, be donated to any…

Fla. Stat. § 562.45 Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions

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(1) Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishab…

Fla. Stat. § 562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence

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(1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufac…

Fla. Stat. § 562.452 Curb service of intoxicating liquor prohibited

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It is unlawful for any person to sell or serve, by the drink, any intoxicating liquor, other than malt beverages of legal alcoholic content, except within the building and licensed premises as provided in ss. 562.06 and 565.02(1)(g) which is the address of the person holding a li…

Fla. Stat. § 562.453 Curb drinking of intoxicating liquor prohibited

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It is unlawful for any person to consume any intoxicating liquor, except malt beverages of legal alcoholic content, at curb or drive-in stands, except within the building which is the address of the person holding a license for the sale of such intoxicating liquors.History.—s. 2,…

Fla. Stat. § 562.454 Vendors to be closed in time of riot

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(1) Whenever any riot or gathering of a mob occurs in any area of this state, all persons in the area who sell alcoholic beverages shall, upon being so ordered by proclamation as provided herein, immediately stop the sale of alcoholic beverages and immediately close all barrooms,…

Fla. Stat. § 562.455 Adulterating liquor; penalty

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Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, a…

Fla. Stat. § 562.46 Legal remedies not impaired

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It is the declared legislative intention that no provision or provisions of the Beverage Law shall in any manner limit, modify, or preclude any person from instituting legal proceedings in courts of competent jurisdiction for the adjudication of any rights that such person may ha…

Fla. Stat. § 562.47 Rules of evidence; Beverage Law

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In all prosecutions for violations of the Beverage Law:(1) Proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by another similar name or names shall be prima facie evidence that such liquor is intoxicating and contains …

Fla. Stat. § 562.48 Minors patronizing, visiting, or loitering in a dance hall

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Any person operating any dance hall in connection with the operation of any place of business where any alcoholic beverage is sold who shall knowingly permit or allow any person under the age of 18 years to patronize, visit, or loiter in any such dance hall or place of business, …

Fla. Stat. § 562.50 Habitual drunkards; furnishing intoxicants to, after notice

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Any person who shall sell, give away, dispose of, exchange, or barter any alcoholic beverage, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever under any name, label, or brand, which produces intoxication, to any person habitually add…