The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.12

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 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 any licensee or other person who keeps or possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be sold without a license, with intent to sell or dispose of same unlawfully, or who keeps and maintains a place where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) It is unlawful for any person to operate as an exporter of alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Upon the arrest of any licensee or other person charged with a violation of this section, the arresting officer shall take into her or his custody all alcoholic beverages found in the possession, custody, or control of the person arrested or, in the case of a licensee, all alcoholic beverages not within the purview of her or his license, and safely keep and preserve the same and have it forthcoming at any investigation, prosecution, or other proceeding for the violation of this section and for the destruction of the same as provided herein. Upon the conviction of the person arrested for a violation of this section, the judge of the court trying the case, after notice to the person convicted and any other person whom the judge may be of the opinion is entitled to notice, as the judge may deem reasonable, shall issue to the sheriff of the county, the division, or the authorized municipality a written order adjudging and declaring the alcoholic beverages forfeited and directing the sheriff, the division, or the authorized municipality to dispose of the alcoholic beverages as provided in s. 562.44 or s. 568.10.

History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 28069, 1953; s. 1, ch. 61-218; ss. 16, 35, ch. 69-106; s. 564, ch. 71-136; s. 2, ch. 72-230; s. 20, ch. 79-11; s. 23, ch. 91-60; s. 860, ch. 97-103.

F.S. 562.12 on Google Scholar

F.S. 562.12 on Casetext

Amendments to 562.12

Arrestable Offenses / Crimes under Fla. Stat. 562.12

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

S562.12 - LIQUOR-SELL - ILLEGAL SALE OF BEVERAGES - M: S

S562.12 - LIQUOR-SELL - EXPORTER WO LIC - M: S

S562.12 - LIQUOR-SELL - EXPORTER WO LIC SUBSQ OFF - F: T

S562.12 - LIQUOR-SELL - ILLEGAL SALE OF BEVERAGES SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. COST PLUS IMPORTS OF TAMPA BAY, INC. d b a, 513 So. 2d 763 (Fla. Dist. Ct. App. 1987)

. . . beverages to customers, appellee was selling alcoholic beverages without a license in violation of section 562.12 . . .

McPHADDER, v. STATE, 450 So. 2d 1264 (Fla. Dist. Ct. App. 1984)

. . . license, and two counts of maintaining a place where alcohol was sold without a license in violation of § 562.12 . . . having previously been convicted of a violation of the Beverage Law of the State of Florida,” violated § 562.12 . . . Section 562.12(1) provides: 562.12 Beverages sold with improper license, or without license, or held . . .

A. HEDGES, v. STATE, 448 So. 2d 5 (Fla. Dist. Ct. App. 1984)

. . . and punished for selling alcoholic beverages without a license, a misdemeanor violation of section 562.12 . . .

In ALCOHOLIC BEVERAGES SEIZED FROM SAUL S ELKS CLUB ON JUNE STATE v. COBB,, 440 So. 2d 65 (Fla. Dist. Ct. App. 1983)

. . . The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12 . . . Under section 562.12 it is a second degree misdemeanor to sell alcoholic beverages without a license . . . Under section 562.12 the forfeiture does not take effect until and unless there is a conviction of the . . . The circuit court’s order suggests that the enactment of 562.12, within a chapter entitled “Beverage . . . Authorized civil proceedings against contraband alcohol were thus not deauthor-ized by 562.12, and the . . .

STATE OF FLORIDA v. PINNER, 6 Fla. Supp. 2d 252 (Orange Cty. Ct. 1982)

. . . beverages on September 17th with intent to sell, without a license” which is violation of Florida Statute 562.12 . . . This is also a violation of Florida Statute 562.12. 6. . . .

STATE v. JOHNSON,, 382 So. 2d 866 (Fla. Dist. Ct. App. 1980)

. . . Johnson was charged with a violation of § 562.12(1), Fla.Stat., a second-degree misdemeanor. . . . .

Dr. A. TOBIN v. UNITED STATES, 323 F. Supp. 239 (S.D. Tex. 1971)

. . . Tobin seeks a refund of $562.12, paid for the year 1966, and Dr. . . . Accordingly, it is adjudged that defendant has correctly assessed and collected the sum of $562.12 as . . .

A. CLARK, v. STATE, 239 So. 2d 500 (Fla. Dist. Ct. App. 1970)

. . . beverages with intent to sell and without a license to sell and dispose of same contrary to F.S. 1965, § 562.12 . . .

GENERAL MOTORS CORPORATION, FRIGIDAIRE DIVISION v. THE UNITED STATES, 142 Ct. Cl. 842 (Ct. Cl. 1958)

. . . scrapped_ 70, 858. 73 Miscellaneous_ 137, 866.12 Water heaters (total expenses)_ 37,486.19 Total_ 12, 621, 562.12 . . .