The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.02

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 operation of the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages and shall enforce the provisions of the Beverage Law and the ¹tobacco law and rules and regulations of the division in connection therewith. It is the express legislative intent that the state retain primary regulatory authority over the activities of licensees under the Beverage Law within the power of the state and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. However, none of the provisions of the Beverage Law shall apply to ethyl alcohol intended for use or used for the following purposes:

(1) Scientific, chemical, mechanical, industrial, or medicinal purposes;

(2) Patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical or industrial preparations, or products unfit for beverage purposes;

(3) Flavoring extracts and syrups, unfit for beverage purposes.

History.—s. 1, ch. 16774, 1935; CGL 1936 Supp. 4151(227); s. 1A, ch. 19301, 1939; s. 2, ch. 57-420; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 5, ch. 77-421; s. 212, ch. 94-218; s. 2, ch. 97-165.

¹Note.—As enacted by s. 5, ch. 77-421. There is no provision designated as the “tobacco law” in the Florida Statutes.

F.S. 561.02 on Google Scholar

F.S. 561.02 on Casetext

Amendments to 561.02

Arrestable Offenses / Crimes under Fla. Stat. 561.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BANKSHOT BILLIARDS, INC. d. b. a. v. CITY OF OCALA, a d. b. a. v. a, 634 F.3d 1340 (11th Cir. 2011)

. . . . §§ 561.02, 562.45(c). Supplemental Compl. ¶ 26. . . . .

BANKSHOT BILLARDS, INC. d b a v. CITY OF OCALA, a, 692 F. Supp. 2d 1343 (M.D. Fla. 2010)

. . . the Court has also held that Bankshot has not successfully alleged claims under Florida Statutes §§ 561.02 . . . Stat. §§ 561.02, 562.45; (2) claims for violations of the Bill of Attainder Clause of the United States . . . Slat. §§ 561.02 and 562.45, the Court will consider those claims to be moot. . . . .

BAINBRIDGE, s v. BUSH, s, 148 F. Supp. 2d 1306 (M.D. Fla. 2001)

. . . . § 561.02. . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. BRUNNER,, 707 So. 2d 1197 (Fla. Dist. Ct. App. 1998)

. . . See § 561.02, Fla. Stat. (1997). . . .

CITY OF MIAMI SPRINGS, v. J. J. T. INC. a d b a s, 437 So. 2d 200 (Fla. Dist. Ct. App. 1983)

. . . exclusively vested in the State acting through the Division of Alcoholic Beverages and Tobacco by Sections 561.02 . . .

CORPORATION, s III, v. DIVISION OF BEVERAGE,, 371 So. 2d 1032 (Fla. Dist. Ct. App. 1978)

. . . The Division further cites as authority Section 561.02, Florida Statutes (1975), which provides, in pertinent . . . Law Implemented 561.02, 561.07, 561.08, 561.11, 561.-29(l)(a) FS. History-New — 76. . . . I find such authority in Sections 561.02 and 561.11, Florida Statutes (1977), quoted in the majority . . .

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, v. DEXTERHOUSE, 348 So. 2d 916 (Fla. Dist. Ct. App. 1977)

. . . Sections 561.02 and 561.11, Florida Statutes (1975). . . .

PENSACOLA YACHT CLUB v. STATE BEVERAGE DEPARTMENT,, 30 Fla. Supp. 178 (Escambia Cty. Cir. Ct. 1968)

. . . The office of state beverage director is created by §§561.02-561.05 charged with the enforcement and . . .

STATE OF FLORIDA, DAVID J. HOFFMAN, v. JAMES T. VOCELLE,, 159 Fla. 88 (Fla. 1947)

. . . See Sections 561.02, 561.05, 561.08 and 561.31, Fla. Stats. (FSA) 1941. . . .