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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

233 sections·Filtered byTitle XXXIV✕

Fla. Stat. § 565.04 Package store restrictions
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(1) Vendors licensed under s. 565.02(1)(a) shall not in said place of business sell, offer, or expose for sale any merchandise other than such beverages, and such places of business shall be devoted exclusively to such sales; provided, however, that such vendors shall be permitte…
Fla. Stat. § 565.045 Regulations for consumption on premises; penalty; exemptions
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(1) Vendors licensed under s. 565.02(1)(b)-(f):(a) Shall provide seats for the use of their customers;(b) May sell or deliver alcoholic beverages by the drink or in sealed containers for consumption on or off the premises where sold; and(c) May sell or deliver alcoholic beverages…
Fla. Stat. § 565.05 Purchase of distilled spirits by licensed clubs; size of individual containers
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It is unlawful for any person holding a license as a club for the sale of distilled spirits to purchase any of said distilled spirits in individual containers larger than 1.75 liters or 59.18 ounces, or smaller than 0.50 liter or 16.9 ounces, except for golf clubs licensed pursua…
Fla. Stat. § 565.06 Clubs to sell only individual drinks
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It is unlawful for any person holding a license as a club for the sale of intoxicating liquors and beverages to sell the same except by the individual drink. However, golf clubs licensed pursuant to s. 561.20(7)(b) may sell individual containers of 50 milliliters or 1.7 ounces fo…

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Fla. Stat. § 565.07 Sale or consumption of certain distilled spirits prohibited

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A distilled spirit greater than 153 proof may not be sold or consumed in the state. However, a distilled spirit greater than 153 proof may be distilled, bottled, packaged, or processed for export or sale outside the state.History.—s. 3, ch. 85-203; s. 21, ch. 2012-32; s. 35, ch. …

Fla. Stat. § 565.08 Labeling regulations; liquor

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The division is fully authorized to make and promulgate reasonable rules and regulations governing the labeling of all liquors containing 0.5 percent or more of alcohol by volume, which rules and regulations shall not conflict with the federal regulations pertaining to such label…

Fla. Stat. § 565.095 Licensure as primary American source of supply

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(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 manufactur…

Fla. Stat. § 565.10 Distilled spirits container limit

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It is unlawful for any distributor or vendor to sell or distribute distilled spirits in any size container in excess of 1.75 liters or 59.18 ounces. The division is authorized to make reasonable rules in accordance with chapter 120 governing the standards of fill of distilled spi…

Fla. Stat. § 565.11 Refilling liquor bottles; misrepresentation; penalty

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Any person who shall reuse or refill with distilled spirituous liquors for the purpose of sale a bottle or other container which has once been used to contain spirituous liquors, or any person who shall willfully misrepresent or permit to be misrepresented the brand of distilled …

Fla. Stat. § 565.12 Excise tax on liquors and beverages

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(1) As to beverages containing 17.259 percent or more of alcohol by volume and not more than 55.780 percent of alcohol by volume, except wines, there shall be paid by every manufacturer and distributor a tax at the rate of $6.50 per gallon. As to beverages containing less than 17…

Fla. Stat. § 565.13 Monthly payment of tax by distributor

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Every distributor selling spirituous beverages within the state shall pay the tax to the division monthly on or before the 10th day of the following month, less 1.0 percent of the tax due, which shall be withheld by the distributor for keeping prescribed records, furnishing bond,…

Fla. Stat. § 565.16 Beverage lists furnished to vendors

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A distributor of spirituous beverages in this state may furnish, give, rent, loan, or sell to a vendor, and a vendor may accept, alcoholic beverage lists, otherwise referred to as “wine lists,” without the same being a violation of s. 561.42(1).History.—s. 2, ch. 81-159.

Fla. Stat. § 565.17 Beverage tastings by distributors, craft distilleries, and vendors

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(1) A licensed distributor of spirituous beverages, a craft distillery as defined in s. 565.03, or any vendor is authorized to conduct spirituous beverage tastings upon any licensed premises authorized to sell spirituous beverages by package or for consumption on premises without…

Fla. Stat. § 567.001 Alcoholic content of intoxicating liquors

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For the purposes of this chapter, any liquor, wine, or beer containing more than 6.243 percent of alcohol by volume is deemed and held to be an intoxicating liquor, wine, or beer and is subject to the provisions of this chapter.History.—s. 2, ch. 84-299; s. 17, ch. 86-269.

Fla. Stat. § 567.01 Petition, order, notice of election

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(1) The board of county commissioners of each county shall order an election to decide whether the sale of intoxicating liquors, wines, or beer shall be prohibited or permitted in that county upon the presentation to said board at a regular or special meeting, of a written applic…

Fla. Stat. § 567.02 Registration and qualification of electors

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For the election under s. 567.01 electors may be registered as provided in the general law for registration for special elections and they shall have the same qualifications for and prerequisites to voting as in elections under the general election laws.History.—s. 1, ch. 3700, 1…

Fla. Stat. § 567.03 Mode of holding election

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The election under s. 567.01 shall be held and conducted in the manner prescribed by law for holding general elections, except as herein provided.History.—s. 1, ch. 3700, 1887; RS 859; GS 1211; CGL 1936 Supp. 4151(198).

Fla. Stat. § 567.04 Time of holding elections

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All elections ordered under this chapter shall be held within 60 days from the time of presenting such application, but if any such election should thereby take place within 60 days of any state or national election, it shall be held within 60 days after any such state or nationa…

Fla. Stat. § 567.05 Inspectors, returns, and canvass

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Inspectors of election shall be appointed and qualified as in cases of general elections, and they shall canvass the vote cast and make due returns of the same to the county commissioners without delay. The county canvassing board shall canvass the returns and declare the result,…

Fla. Stat. § 567.06 Form of ballot; canvassing votes

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(1) At the election under s. 567.01, the ballot used shall be printed on one side of a plain white piece of paper in the form following:OFFICIAL BALLOT NO. OFFICIAL BALLOT NO. OFFICIAL ELECTION BALLOT (Month) , (Day) , (Year) PRECINCT NUMBER County, FloridaINSTRUCTIONS: Local Opt…

Fla. Stat. § 567.07 Results of election

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(1) If a majority of those legally voting at any election under s. 567.01 cast their votes “Against Selling Intoxicating Liquors, Wines, or Beer” on question number 1, then no intoxicating liquors, wines, or beer shall be sold in the county in which the election was held until ot…

Fla. Stat. § 567.08 Refund of unused portion of state license tax

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When any county votes by an election to discontinue permitting the sale of intoxicating liquors, wines, or beer, prior to the date of expiration of any license issued by the state for the sale of intoxicating liquors, wines, or beer in such county, the fee for the unexpired and u…

Fla. Stat. § 567.09 Refund of unused portion of county license tax

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The county commissioners of such county voting by election to discontinue permitting the sale of intoxicating liquors, wines, or beer, shall refund to the licensee the fee for the unexpired and unused portion of any such license issued to him or her by said county.History.—s. 2, …

Fla. Stat. § 567.10 Refund of unused portion of municipal license tax

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Any municipality in such county voting by election to discontinue permitting the sale of intoxicating liquors, wines, or beer, shall refund to the licensee the fee for the unexpired and unused portion of any such license issued to him or her by said municipality.History.—s. 3, ch…

Fla. Stat. § 567.11 Evidence of legal election

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In all prosecutions by the state for the unlawful sale of intoxicating liquors, wines, or beer contrary to prohibition regulations, the introduction of a copy of the record of the result of the canvass of the returns of the election as made by the county canvassing board and reco…

Fla. Stat. § 567.12 Proceedings to test legality of election

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Any resident of any county in this state in which an election may be held or which may hereafter be held to determine whether the sale of intoxicating liquors, wines, or beer should be prohibited or permitted in such county and, if permitted by such election, to determine whether…

Fla. Stat. § 567.13 Sale by the package only

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In any county that has voted “For Selling Intoxicating Liquors, Wines, or Beer” and also has voted to restrict such sale to “Sales by the Package Only” as herein provided, thereupon:(1) It shall be unlawful for anyone to sell, or cause to be sold, any intoxicating liquors, wines,…

Fla. Stat. § 567.14 Penalty for violation

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Any person violating any of the provisions of s. 567.13 shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any of the provisions of s. 567.13 and shal…

Fla. Stat. § 568.01 Alcoholic content of intoxicating liquors

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For the purposes of this chapter, all liquors, wines, or beer containing more than 6.243 percent of alcohol by volume shall be deemed and held to be intoxicating liquors, wines, or beer and subject to the provisions of this chapter.History.—s. 5, ch. 18016, 1937; CGL 1940 Supp. 7…

Fla. Stat. § 568.02 Selling intoxicating liquors in counties where prohibited

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It is unlawful for anyone to sell, or cause to be sold, any intoxicating liquors, wines, or beer in any county that has voted against the sale of intoxicating liquors, wines, or beer.History.—s. 1, ch. 18016, 1937; CGL 1940 Supp. 7648(10).

Fla. Stat. § 568.03 Possessing intoxicating liquors in counties where prohibited with intent to sell

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It is unlawful for anyone to keep, or possess, intoxicating liquors, wines, or beer in any county that has voted against the sale of such intoxicating liquors, wines, or beer with intent to sell or dispose of them unlawfully.History.—s. 2, ch. 18016, 1937; CGL 1940 Supp. 7648(11)…

Fla. Stat. § 568.04 Maintaining place of business for sale of liquors in counties where prohibited

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It is unlawful for anyone to keep or maintain a place where intoxicating liquors, wines, or beer are sold in any county that has voted against the sale of intoxicating liquors, wines or beer.History.—s. 3, ch. 18016, 1937; CGL 1940 Supp. 7648(12).

Fla. Stat. § 568.05 Penalty

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Any person who sells, or causes to be sold, any intoxicating liquors, wines, or beer in any county that has voted against the sale of intoxicating liquors, wines, or beer, or who keeps or possesses in any such county any intoxicating liquors, wines, or beer with intent to sell or…

Fla. Stat. § 568.06 Proof necessary to convict

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In any trial of any person for violation of s. 568.02, it shall not be necessary for the prosecution to prove that the accused had any interest in the intoxicating liquors, wines, or beer delivered or sold by him or her, or any interest in the money received by the accused for su…

Fla. Stat. § 568.07 Name sufficient proof; competency of witness

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(1) In every prosecution for a violation of this chapter, proof that the liquor in question was and is known as whiskey, moonshine whiskey, shine, rum, gin, or brandy or by any other similar name or names shall be prima facie evidence that such liquor is intoxicating and contains…

Fla. Stat. § 568.08 Person required to testify; exemption from prosecution

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No person shall, upon any investigation before a grand jury or state attorney for an alleged violation of any of the provisions of this chapter, or before any court upon the trial of any person, association of persons, or corporation, charged with the violation of any of the prov…

Fla. Stat. § 568.09 Holding federal license or tax stamp prima facie evidence

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The holding, owning, having in possession, or paying for a license or tax stamp issued by the internal revenue authorities of the United States showing the payment of a tax as a dealer in intoxicating liquors, wines, or beer, by the holder thereof to the United States Government …

Fla. Stat. § 568.10 Confiscation of liquors

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Upon the arrest of any person charged with a violation of any of the provisions of this chapter, the arresting officer shall take into his or her custody all of the intoxicating liquors, wines, or beer found in the possession, custody or control of the person arrested, and safely…

Fla. Stat. § 568.11 Right of property forfeited

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The right of property in and to intoxicating liquors, wines, or beer sold or possessed by any person, association of persons, or corporation in violation of any of the provisions of this chapter is declared not to exist in any person, association of persons, or corporation and th…

Fla. Stat. § 568.12 Record of confiscation required

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Any sheriff, who seizes intoxicating liquors, wines, or beer as provided for in this chapter, shall keep a permanent itemized record of all such liquors including a complete record of the destruction of such liquors, which record shall be verified by the signature of the sheriff …

Fla. Stat. § 568.13 Form of information or indictment

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(1) An indictment or information framed substantially as follows shall be deemed sufficient in counties voting against the sale of intoxicating liquors, wines, or beer:The grand jurors of the State of Florida, inquiring in and for the body of the County of , upon their oaths do p…

Fla. Stat. § 568.14 Division vested with enforcing powers

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For the purpose of enforcing the provisions of this chapter the division shall exercise and perform all powers and duties vested in the several sheriffs and their deputies in the state under the provisions of this chapter.History.—s. 13A, ch. 18016, 1937; CGL 1940 Supp. 7648(23);…

Fla. Stat. § 569.002 Definitions

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As used in this part, the term:(1) “Dealer” is synonymous with the term “retail tobacco products dealer.”(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(3) “Nicotine product” has the same meaning as i…

Fla. Stat. § 569.0025 Preemption

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The establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco products is preempted to the state.History.—s. 7, ch. 2021-14.

Fla. Stat. § 569.00256 Account; online system

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A person or an entity licensed or permitted by the division under this part, or applying for a license or a permit, must create and maintain an account with the division’s online system and provide an e-mail address to the division to function as the primary means of contact for …

Fla. Stat. § 569.003 Retail tobacco products dealer permits; application; qualifications; fees; renewal; duplicates

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(1)(a) Each person, firm, association, or corporation that seeks to deal, at retail, in tobacco products within this state, or to allow a tobacco products vending machine to be located on its premises in this state, must obtain a retail tobacco products dealer permit for each pla…

Fla. Stat. § 569.004 Consent to inspection and search without warrant

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An applicant for a permit, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers,…

Fla. Stat. § 569.005 Operating without a retail tobacco products dealer permit; penalty

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(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.00…

Fla. Stat. § 569.006 Retail tobacco products dealers; administrative penalties

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The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of this chapter, including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine prod…

Fla. Stat. § 569.007 Sale or delivery of tobacco products; restrictions

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(1) In order to prevent persons under 21 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, except:(a) When under the direct control or line of sight of the dealer or the dealer’s agent or employee; or(b) Sales from…