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. 562.41

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 any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions of the Beverage Law are being violated.

(2) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may enter in the daytime any building or place where any beverages subject to tax under the Beverage Law or which would be subject to tax thereunder if such beverages were manufactured in or brought into this state in accordance with the regulatory provisions thereof, or any alcoholic beverages, are manufactured, produced, or kept, so far as may be necessary, for the purpose of examining said beverages. When such premises are open at night, such officers may enter them while so open, in the performance of their official duties.

(3) Any owner of such premises or person having the agency, superintendency, or possession of same, who refuses to admit such officer or to suffer her or him to examine such beverages, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any person who shall forcibly obstruct or hinder the director, any division employee, any sheriff, any deputy sheriff, or any police officer in the execution of any power or authority vested in her or him by law, or who shall forcibly rescue or cause to be rescued any property if the same shall have been seized by such officer, or shall attempt or endeavor to do so, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) Licensees, by the acceptance of their license, agree that their places of business shall always be subject to be inspected and searched without search warrants by the authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or at any other time such premises are occupied by the licensee or other persons.

History.—s. 15, ch. 19301, 1939; CGL 1940 Supp. 4151(271x), 7648(28), (29); ss. 1, 2, ch. 57-327; ss. 16, 35, ch. 69-106; s. 572, ch. 71-136; s. 2, ch. 72-230; s. 28, ch. 79-11; s. 6, ch. 86-269; s. 868, ch. 97-103.

F.S. 562.41 on Google Scholar

F.S. 562.41 on Casetext

Amendments to 562.41

Arrestable Offenses / Crimes under Fla. Stat. 562.41

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

S562.41 - RESIST OFFICER - OBSTRUCT OFFICE WHERE BEVERAGES SOLD - M: S

S562.41 - RESIST OFFICER - OBSTRUCT WHERE BEVERAGE SOLD SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

INDIGO ROOM, INC. v. CITY OF FORT MYERS, FMPD FMPD No., 589 F. App'x 938 (11th Cir. 2014)

. . . . § 562.41. . . . Stat. § 562.41. For these reasons, we affirm the grant of summary judgment on Counts VII and X. 2. . . .

BARRI, v. CITY OF DAYTONA BEACH,, 716 F. Supp. 2d 1165 (M.D. Fla. 2010)

. . . The officers attempt to rely on section 562.41, Florida Statutes, as justifying a right to search the . . . business hours or at any other time such premises are occupied by the licenses or other persons.” § 562.41 . . .

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, v. CALDER RACE COURSE, INC. a a a, 724 So. 2d 100 (Fla. Dist. Ct. App. 1998)

. . . Contrast, for example, the explicit power given law enforcement officers by section 562.41, Florida Statutes . . .

CELLERMASTER WINES, INC. Ho, v. R. CHASTAIN,, 530 F. Supp. 714 (S.D. Fla. 1982)

. . . statutes authorizing inspections and searches to enforce beverage tax laws, see §§ 561.07, 561.29(2), and 562.41 . . . The plaintiffs argue that Florida Statute § 562.41(3) and (4) are the state counterparts to the federal . . . the scope of the inspections contemplated by this statutory scheme” (page 7); “[njeither § 561.07 nor 562.41 . . .

BELK- JAMES, INC. a v. A. NUZUM,, 358 So. 2d 174 (Fla. 1978)

. . . Section 562.41, Florida Statutes (1975), authorizes searches by Division employees, and other law enforcement . . .

STATE v. DANIELS, 46 Fla. Supp. 68 (Monroe Cty. Ct. 1977)

. . . Law relating to liquor law violations (See Florida Statutes 561.07 and 562.41 (1) & (5)); B. . . . Florida Statute 562.41(1) states — “Any authorized employee of the division of beverage, any sheriff, . . . Florida Statute 562.41(5) states —“Licensees, by the acceptance of their license, agree that their places . . .

U. HILL, v. STATE, 238 So. 2d 608 (Fla. 1970)

. . . . §§ 561.07, 562.031 and 562.41, F.S.A. See City of Jacksonville v. . . .

FUTCH v. STATE BEVERAGE DIRECTOR, 13 Fla. Supp. 198 (Volusia Cty. Cir. Ct. 1959)

. . . This case involves the construction of section 562.41, subsections 3 and 4, and section 561.29, Florida . . .

BOYNTON v. STATE, 64 So. 2d 536 (Fla. 1953)

. . . Appellee also cites Section 562.41, F.S.A. as further authority for the arrests, searches and seizures . . .

GRANDISON v. NATIONAL BANK OF COMMERCE OF ROCHESTER. In O. L. GREGORY VINEGAR CO., 231 F. 800 (2d Cir. 1916)

. . . All these several items aggregated $562.41. . . .