Court Opinions

State Laws

US Code

US Constitution

Florida Statutes - Alcoholic Beverages And Tobacco

Legal Research Home > Florida Lawyer > Alcoholic Beverages and Tobacco > Florida Statutes - Alcoholic Beverages And Tobacco

• Florida Alcoholic Beverages And Tobacco Code Section 561.01; Definitions.
  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) "...
• Florida Alcoholic Beverages And Tobacco Code Section 561.02; Creation and duties of Division of Alcoholic Beverages and Tobacco.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.025; Alcoholic Beverage and Tobacco Trust Fund.
  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....
• Florida Alcoholic Beverages And Tobacco Code Section 561.027; Federal Law Enforcement Trust Fund.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.051; Reporting requirements of director.
  The director of the division shall promptly report and remit to the Chief Financial Officer all taxes and fees collected by him or her ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.08; Enforcement of Beverage Law; division to prescribe forms.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.11; Power and authority of division.
  (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. (...
• Florida Alcoholic Beverages And Tobacco Code Section 561.1105; Inspection of licensed premises; coin-operated amusement machines.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.111; Payment of taxes by electronic funds transfer.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.121; Deposit of revenue.
  (1) All state funds collected pursuant to ss. 563.05, 564.06, and 565.12 shall be paid into the State Treasury and disbursed in ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.14; License and registration classification.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.15; Licenses; qualifications required.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.17; License and registration applications; approved person.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.18; License investigation.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.181; Temporary initial licenses.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.19; License issuance upon approval of division.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.20; Limitation upon number of licenses issued.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.22; Licensing manufacturers, distributors, and registered exporters as vendors prohibited.
  (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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.221; Licensing of manufacturers and distributors as vendors and of vendors as manufacturers; conditions and limitations.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.23; License issued in duplicate; display.
  (1) Licenses shall be issued in duplicate. The original license shall be delivered to the licensee; and one copy shall be retained by the division. (...
• Florida Alcoholic Beverages And Tobacco Code Section 561.24; Licensing manufacturers as distributors or registered exporters prohibited; procedure for issuance and renewal of distributors' licenses and exporters' registrations.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.25; Officers and employees prohibited from being employed by or engaging in beverage business; penalties; exceptions.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.26; Term of license.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.27; Renewal of license.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.29; Revocation and suspension of license; power to subpoena.
  (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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.32; Transfer of licenses; change of officers or directors; transfer of interest.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.33; Licensee moving to new location; changing name of business.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.331; Temporary license upon application for transfer, change of location, or change of type or series.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.342; County and municipal license tax.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.351; Manufacturers, brokers, sales agents, importers, and passenger common carriers; term of license.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.37; Bond for payment of taxes.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.371; Bond for payment of taxes by spirituous liquor distributors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.38; Issuance of license prohibited until bond approved; cancellation or expiration of bond.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.41; Maintenance and designation of principal office by manufacturers, distributors, importers, and exporters.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.411; Qualifications for distributors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.42; Tied house evil; financial aid and assistance to vendor by manufacturer or distributor prohibited; procedure for enforcement; exception.
  (1) No licensed manufacturer or distributor of any of the beverages herein referred to shall have any financial interest, directly or indirectly, in the establishment ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.421; Temporary convention permits.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.422; Nonprofit civic organizations; temporary permits.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.423; Beer and malt beverages; in-store servicing authorized.
  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-...
• Florida Alcoholic Beverages And Tobacco Code Section 561.424; Vinous beverages; in-store servicing authorized.
  (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'...
• Florida Alcoholic Beverages And Tobacco Code Section 561.43; Dry counties; manufacturers' or distributors' licenses; exporters' registrations; exemptions.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.49; No tax on out-of-state sales.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.495; Legislative findings; cost of regulating imported beverages.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.50; One state tax payment; reports.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.501; Surcharge on sale of alcoholic beverages for consumption on the premises; penalty.
  (1) Notwithstanding s. 561.50 or any other provision of the Beverage Law, a surcharge of 3.34 cents is imposed upon each ounce of ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.5101; Come-to-rest requirement; exceptions; penalties.
  (1) For purposes of inspection and tax-revenue control, all malt beverages, except those manufactured and sold pursuant to s. 561.221(3), must come ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.54; Certain deliveries of beverages prohibited.
  (1) It is unlawful for common or permit carriers, operators of privately owned cars, trucks, buses, or other conveyances or out-of-state manufacturers or ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.545; Certain shipments of beverages prohibited; penalties; exceptions.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.55; Manufacturers', distributors', brokers', sales agents', importers', vendors', and exporters' records and reports.
  (1) Each manufacturer, distributor, broker, sales agent, importer, and exporter shall keep a complete and accurate record and make reports showing the amount of: (a) ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.56; Transportation of beverages by manufacturers, distributors, and exporters.
  Manufacturers, distributors, and exporters may transport or cause to be transported such beverages from one place in this state to another place in this state, ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.57; Deliveries by licensees.
  (1) Vendors shall be permitted to make deliveries away from their places of business of sales actually made at the licensed place of business; provided, ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.58; Issuance of license for a prior license revoked.
  When a license is revoked by the division, it may prohibit or permit a license to be issued for the location of the place of ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.65; Mortgagee's interest in license.
  (1) Any person holding a bona fide mortgage or lien or security interest in a spirituous alcoholic beverage license in this state shall have the ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.66; Legislative intent.
  It is the intent of the Legislature that this chapter and chapters 562, 563, 564, and 565 shall apply within the state boundaries of Florida, ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.665; Division to restrict licensees from permitting certain activities.
  The division shall promulgate rules, to become effective no later than October 1, 1989, to prohibit every person maintaining, owning, or operating a commercial establishment ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.67; Reclamation by distributor of beverages not paid for by licensed vendors.
  (1) The division shall issue to the distributor a written statement of reclamation, upon written request by such licensed distributor of spirituous, vinous, or malt ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.68; Licensure; distributor's salespersons.
  (1)(a) Before any person may solicit or sell to vendors or become employed as a salesperson of spirituous or vinous beverages for a licensed ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.695; Stand-alone bar enforcement; qualification; penalties.
  (1) The division shall designate as a stand-alone bar the licensed premises of a vendor that operates a business that meets the definition of ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.701; Short title.
  This act may be cited as the "Florida Responsible Vendor ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.702; Legislative intent.
  It is the intent of the Legislature to: (1) Eliminate the sale of alcoholic beverages to, and consumption of alcoholic beverages by, underaged persons. (2) ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.703; Definitions relating to Florida Responsible Vendor Act.
  As used in this act, the term: (1) "Division" means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. (...
• Florida Alcoholic Beverages And Tobacco Code Section 561.705; Responsible vendor qualification.
  To qualify as a responsible vendor, the vendor must: (1) Provide a course of instruction for its employees that must include subjects dealing with alcoholic ...
• Florida Alcoholic Beverages And Tobacco Code Section 561.706; Exemption from license suspension or revocation; mitigation for certain beverage law violations; records of arrests.
  (1) The license of a vendor qualified as a responsible vendor under this act may not be suspended or revoked for an employee's illegal ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.01; Possession of untaxed beverages.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.02; Possession of beverage not permitted to be sold under license.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.025; Possession of beverages as food ingredients.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.03; Storage on licensed premises.
  It is unlawful for any vendor to store or keep any alcoholic beverages except for the personal consumption of the vendor, the vendor's family ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.06; Sale only on licensed premises.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.061; Misrepresentation of beverages sold on licensed premises.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.07; Illegal transportation of beverages.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 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.
  (1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.111; Possession of alcoholic beverages by persons under age 21 prohibited.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.12; Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited.
  (1) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverages ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.121; Operating bottle club without license prohibited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.13; Employment of minors or certain other persons by certain vendors prohibited; exceptions.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.131; Solicitation for sale of alcoholic beverage prohibited; penalty.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.14; Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.15; Unlawful possession; unpaid taxes.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.16; Possession of beverages upon which tax is unpaid.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.165; Production of beer or wine for personal or family use; exemption.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.17; Collection of unpaid beverage taxes.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.18; Possession of beverage upon which federal tax unpaid.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.20; Monthly reports by common and other carriers of beverages required.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.23; Conspiracy to violate Beverage Law; penalty.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.24; Administration of oaths by director or authorized employees.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.25; State bonded warehouses.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.26; Delivering beverage on which tax unpaid.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.27; Seizure and forfeiture.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.28; Possession of beverages in fraud of Beverage Law.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.29; Raw materials and personal property; seizure and forfeiture.
  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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.30; Possession of beverage prima facie evidence; exception.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.31; Possession of raw materials prima facie evidence; exception.
  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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.32; Moving or concealing beverage with intent to defraud state of tax; penalty.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.33; Beverage and personal property; seizure and forfeiture.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.34; Containers; seizure and forfeiture.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.35; Conveyance; seizure and forfeiture.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.36; Beverage on conveyance prima facie evidence; proviso.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.38; Report of seizures.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.408; Exercise of police power.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.41; Searches; penalty.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.42; Destruction of forfeited property.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.44; Donation of forfeited beverages or raw materials to state institutions; sale of forfeited beverages.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.45; Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.451; Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.452; Curb service of intoxicating liquor prohibited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.453; Curb drinking of intoxicating liquor prohibited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.454; Vendors to be closed in time of riot.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.455; Adulterating liquor; penalty.
  Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.46; Legal remedies not impaired.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.47; Rules of evidence; Beverage Law.
  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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.48; Minors patronizing, visiting, or loitering in a dance hall.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.50; Habitual drunkards; furnishing intoxicants to, after notice.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.51; Retail alcoholic beverage establishments; rights as private enterprise.
  A licensed retail alcoholic beverage establishment open to the public is a private enterprise and may refuse service to any person who is objectionable or ...
• Florida Alcoholic Beverages And Tobacco Code Section 562.61; Sale, offer for sale, purchase, or use of alcohol vaporizing devices prohibited.
  (1) For purposes of this section, the term "alcohol vaporizing device" means any device, machine, or process which mixes spirits, liquor, or other alcohol products ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.01; Definition.
  The terms "beer" and "malt beverage" mean all brewed beverages containing ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.02; License fees; vendors; manufacturers and distributors.
  (1) Each vendor of malt beverages containing alcohol of 0.5 percent or more by volume shall pay an annual state license tax as follows: (...
• Florida Alcoholic Beverages And Tobacco Code Section 563.021; Malt beverages; exclusive sales territories.
  (1) No distributor shall sell or deliver any brand or brands of malt beverages in this state to any retail vendor whose place of business ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.022; Relations between beer distributors and manufacturers.
  (1) LEGISLATIVE FINDINGS AND INTENT.-- (a) Regulation of business relations between beer distributors and manufacturers is necessary and appropriate in the public interest. (b) This ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.025; Surtax on license fees.
  Each vendor of malt beverages containing alcohol of 0.5 percent or more by volume shall pay an annual surtax in an amount equal to ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.03; Regulation concerning draft beer.
  Each and every tap or spigot through which draft beer is served shall, on the handle of such tap or spigot in plain view of ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.04; Labeling regulations; beer.
  The division is fully authorized to make and promulgate reasonable rules and regulations governing the labeling of beer, which rules and regulations shall not conflict ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.045; Brands or labels to be registered; qualification to do business; fee; revocation.
  (1) No manufacturer, brewer, bottler, distributor, or importer of malt beverages, whether licensed under the beverage laws of this state or not, shall sell or ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.05; Excise taxes on malt beverages.
  As to malt beverages containing 0.5 percent or more of alcohol by volume, there shall be paid by all manufacturers, distributors, and vendors, as ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.06; Malt beverages; imprint on individual container; size of containers; exemptions.
  (1) On and after October 1, 1959, all taxable malt beverages packaged in individual containers possessed by any person in the state for the purpose ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.065; Price differentials.
  Nothing in the Beverage Law shall prohibit licensed distributors of malt beverages from charging different malt beverage prices according to county, according to the branch ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.07; Beer distributors' collection credit.
  For the purpose of allowing credit to licensed distributors of malt beverages or beer for keeping prescribed records, furnishing bond, and properly accounting for and ...
• Florida Alcoholic Beverages And Tobacco Code Section 563.08; Cash deposit on beer sales.
  All licensed manufacturers, when distributing under a manufacturer's license, wholesalers and distributors of domestic malt or brewed beverages, as defined in the Beverage Law, ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.01; Definitions.
  (1) "Wine" means all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added, in the ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.02; License fees; vendors; manufacturers and distributors.
  (1) Each vendor authorized to sell brewed beverages containing malt, wines, and fortified wines shall pay an annual state license tax, as follows: (a) Vendors ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.025; Surtax on license fees.
  Each vendor of beverages containing alcohol of 0.5 percent or more by volume and not more than 14 percent by weight and of wines ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.03; Wines; sacramental and religious purposes.
  (1) For the purpose of this section the term "wine" is hereby defined to mean wine, vinous spirits, or vinous liquors. (2) Any religious order, ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.04; Labeling regulations; wine.
  The division is fully authorized to make and promulgate reasonable rules and regulations governing the labeling of all wines containing 0.5 percent or more ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.045; Licensure as primary American source of supply.
  (1) DEFINITION.--"Primary American source of supply" means the manufacturer, vintner, winery, or bottler, or their legally authorized exclusive agent, who, if the product cannot ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.05; Limitation of size of individual wine containers; penalty.
  It is unlawful for any person to sell within this state any wine in individual containers holding more than 1 gallon of such wine. Provided, ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.055; Cider containers.
  Notwithstanding any other law to the contrary, cider, as defined in s. 564.06(4), may be sold by vendors at retail in any size ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.06; Excise taxes on wines and beverages.
  (1) As to beverages including wines, except natural sparkling wines, cider and malt beverages, containing 0.5 percent or more alcohol by volume and less ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.07; Wine lists furnished to vendors.
  A distributor of vinous beverages in this state may furnish, give, rent, loan, or sell to a vendor, and a vendor may accept, alcoholic beverage ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.08; Wine tastings by distributors and vendors.
  A licensed distributor of vinous beverages, or any vendor, is authorized to conduct wine tastings upon any licensed premises authorized to sell vinous or spirituous ...
• Florida Alcoholic Beverages And Tobacco Code Section 564.09; Restaurants; off-premises consumption of wine.
  Notwithstanding any other provision of law, a restaurant licensed to sell wine on the premises may permit a patron to remove one unsealed bottle of ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.01; Definition; liquor.
  The words "liquor," "distilled spirits," "spirituous liquors," "spirituous beverages," or "distilled spirituous liquors" mean that substance known as ethyl alcohol, ethanol, or spirits of wine ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.02; License fees; vendors; clubs; caterers; and others.
  (1) The following state license taxes apply to vendors who are permitted to sell any alcoholic beverages regardless of alcoholic content: (a) A vendor operating ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.03; License fees; manufacturers, distributors, brokers, sales agents, and importers.
  (1)(a) Each liquor manufacturer authorized to do business under the Beverage Law shall pay an annual state license tax for each plant or branch ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.04; Package store restrictions.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.045; Regulations for consumption on premises; penalty; exemptions.
  (1) Vendors licensed under s. 565.02(1)(b)-(f) shall provide seats for the use of their customers. Such vendors may sell alcoholic beverages ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.05; Purchase of distilled spirits by licensed clubs; size of individual containers.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.06; Clubs to sell only individual drinks.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.07; Sale or consumption of certain distilled spirits prohibited.
  No distilled spirit greater than 153 proof shall be sold, processed, or consumed in the ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.08; Labeling regulations; liquor.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.095; Licensure as primary American source of supply.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.10; Distilled spirits container limit.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.11; Refilling liquor bottles; misrepresentation; penalty.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.12; Excise tax on liquors and beverages.
  (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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.13; Monthly payment of tax by distributor.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.16; Beverage lists furnished to vendors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 565.17; Beverage tastings by distributors and vendors.
  A licensed distributor of spirituous beverages, or any vendor, is authorized to conduct spirituous beverage tastings upon any licensed premises authorized to sell spirituous beverages ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.001; Alcoholic content of intoxicating liquors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.01; Petition, order, notice of election.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.02; Registration and qualification of electors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.03; Mode of holding election.
  The election under s. 567.01 shall be held and conducted in the manner prescribed by law for holding general elections, except as herein ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.04; Time of holding elections.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.05; Inspectors, returns, and canvass.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.06; Form of ballot; canvassing votes.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.07; Results of election.
  (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" ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.08; Refund of unused portion of state license tax.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.09; Refund of unused portion of county license tax.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.10; Refund of unused portion of municipal license tax.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.11; Evidence of legal election.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.12; Proceedings to test legality of election.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.13; Sale by the package only.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 567.14; Penalty for violation.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.01; Alcoholic content of intoxicating liquors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.02; Selling intoxicating liquors in counties where prohibited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.03; Possessing intoxicating liquors in counties where prohibited with intent to sell.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.04; Maintaining place of business for sale of liquors in counties where prohibited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.05; Penalty.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.06; Proof necessary to convict.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.07; Name sufficient proof; competency of witness.
  (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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.08; Person required to testify; exemption from prosecution.
  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, ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.09; Holding federal license or tax stamp prima facie evidence.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.10; Confiscation of liquors.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.11; Right of property forfeited.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.12; Record of confiscation required.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.13; Form of information or indictment.
  (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: ...
• Florida Alcoholic Beverages And Tobacco Code Section 568.14; Division vested with enforcing powers.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.002; Definitions.
  As used in this chapter, the term: (1) "Dealer" is synonymous with the term "retail tobacco products dealer." (2) "Division" means the Division of Alcoholic ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.003; Retail tobacco products dealer permits; application; qualifications; fees; renewal; duplicates.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.004; Consent to inspection and search without warrant.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.005; Operating without a retail tobacco products dealer permit; penalty.
  (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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.006; Retail tobacco products dealers; administrative penalties.
  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 ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.007; Sale or delivery of tobacco products; restrictions.
  (1) In order to prevent persons under 18 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.0075; Gift of sample tobacco products prohibited.
  The gift of sample tobacco products to any person under the age of 18 by an entity licensed or permitted under the provisions of chapter ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.008; Responsible retail tobacco products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption.
  (1) The Legislature intends to prevent the sale of tobacco products to persons under 18 years of age and to encourage retail tobacco products dealers ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.009; Rulemaking authority.
  The division shall adopt any rules necessary to administer and enforce the provisions of this ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.101; Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age; criminal penalties; defense.
  (1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.11; Possession, misrepresenting age or military service to purchase, and purchase of tobacco products by persons under 18 years of age prohibited; penalties; jurisdiction; disposition of fines.
  (1) It is unlawful for any person under 18 years of age to knowingly possess any tobacco product. Any person under 18 years of age ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.12; Jurisdiction; tobacco product enforcement officers or agents; enforcement.
  (1) In addition to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, any law enforcement officer certified under ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.14; Posting of a sign stating that the sale of tobacco products to persons under 18 years of age is unlawful; enforcement; penalty.
  (1) Any dealer that sells tobacco products shall post a clear and conspicuous sign in each place of business where such products are sold which ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.19; Annual report.
  The division shall report annually with written findings to the Legislature and the Governor by December 31, starting with the year 1997, on the progress ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.21; Expenditure of tobacco settlement proceeds.
  The following guidelines shall be applied to the expenditure of all funds paid to the State of Florida as a result of litigation entitled State ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.215; Confidential records relating to tobacco settlement agreement.
  (1) Proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the State of Florida in negotiations for settlement payments ...
• Florida Alcoholic Beverages And Tobacco Code Section 569.23; Bond requirements for tobacco settlement agreement signatories, successors, and affiliates.
  (1) In any civil action involving a signatory or successor or an affiliate of a signatory to the tobacco settlement agreement, as defined in s. ...

Last modified: November 21, 2006