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. 562.45

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 of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to violate any provision of the Beverage Law, and any person who violates any provision of the Beverage Law for which no penalty has been provided 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 provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Nothing contained in the Beverage Law may be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality. However, except for premises licensed on or before July 1, 1999, and except for locations licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(5), for counties, and s. 166.041(3)(c), for municipalities. This restriction may not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The division may not issue a change in the series of a license or approve a change of a licensee’s location unless the licensee provides documentation of proper zoning from the appropriate county or municipal zoning authorities.

(b) Nothing in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle club licensed under s. 561.14, which is located within such county or municipality.

(c) A county or municipality may not enact any ordinance that regulates or prohibits those activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise provided in the Beverage Law, a local government, when enacting ordinances designed to promote and protect the general health, safety, and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state. Nothing in this section shall be construed to affect or impair the enactment or enforcement by a county or municipality of any zoning, land development or comprehensive plan regulation or other ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution.

History.—s. 15, ch. 16774, 1935; s. 3, ch. 19301, 1939; CGL 1940 Supp. 4151(240), 7648(6); s. 4, ch. 29964, 1955; s. 1, ch. 57-327; s. 573, ch. 71-136; s. 2, ch. 72-230; s. 1, ch. 87-365; s. 24, ch. 91-60; s. 4, ch. 97-165; s. 2, ch. 99-156; s. 128, ch. 2014-17; s. 13, ch. 2023-309.

F.S. 562.45 on Google Scholar

F.S. 562.45 on Casetext

Amendments to 562.45

Arrestable Offenses / Crimes under Fla. Stat. 562.45

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

S562.45 1 - FRAUD-FALSE STATEMENT - FALSE ENTRY ON BEVERAGE RECORD - F: T

S562.45 1 - LIQUOR TAX - VIOLATION BEVERAGE LAW TAX - F: T

S562.45 1 - PUBLIC ORDER CRIMES - OTHER VIOLATION BEVERAGE LAW SUBSQ OFF - F: T

S562.45 1 - PUBLIC ORDER CRIMES - OTHER VIOLATION BEVERAGE LAW 1ST VIOL - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. EIRAS, v. FLORIDA, 239 F. Supp. 3d 1331 (M.D. Fla. 2017)

. . . govern,” Griffin Indus., 496 F.3d at 1206. .These charges constitute violations of sections 562,32, 562.45 . . .

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)

. . . Court has also held that Bankshot has not successfully alleged claims under Florida Statutes §§ 561.02, 562.45 . . . 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. . . . .

SOUTH ATLANTIC BOULEVARD INC. a d b a v. CITY OF FORT LAUDERDALE, FLORIDA, a, 239 F. Supp. 2d 1265 (S.D. Fla. 2002)

. . . violation of procedural due process; (6) violation of equal protection; (7) violation of Florida Statute 562.45 . . . Section 562.45(2) (c) Defendant City of Fort Lauderdale asks the Court to grant summary judgment as to . . . Section 562.45(2)(c). . . . Plaintiffs arguments that Defendant violated section 562.45(2)(c) are identical to its arguments that . . . section, no genuine issues of material fact exist that would establish that Defendant violated section 562.45 . . .

ORANGE COUNTY, v. COSTCO WHOLESALE CORPORATION,, 823 So. 2d 732 (Fla. 2002)

. . . The right of the County to regulate locations that sell alcoholic beverages is grounded in Section 562.45 . . . Section 562.45(2)(a), Florida Statutes (1999), provides: (2)(a) Nothing contained in the Beverage Law . . .

ANTHONY DISTRIBUTORS, INC. v. MILLER BREWING COMPANY,, 941 F. Supp. 1567 (M.D. Fla. 1996)

. . . . § 562.45(1) (1995). . . .

SILVER ROSE ENTERTAINMENT, INC. a a s a a a s a a a a v. CLAY COUNTY, a, 646 So. 2d 246 (Fla. Dist. Ct. App. 1994)

. . . . § 562.45(2)(a), Fla.Stat. (1993). In Hardage v. . . .

HILLSBOROUGH COUNTY, a v. FLORIDA RESTAURANT ASSOCIATION, INC., 603 So. 2d 587 (Fla. Dist. Ct. App. 1992)

. . . See, e.g., § 561.14 (hours of operation in absence of county or municipal ordinance); § 562.45(2)(a) . . . (local regulation of hours and location of operation, sanitary regulations); § 562.45(2)(b) (type of . . .

VILLAGE SALOON, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION, P. S. R. INVESTMENTS, INC. d b a v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION,, 463 So. 2d 278 (Fla. Dist. Ct. App. 1984)

. . . have regulated such hours of sale within its municipal limits pursuant to that exception and section 562.45 . . .

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

. . . However, § 562.45 provides that any person who has been convicted of a beverage law violation and is . . . Section 562.45(1) provides: 562.45 Penalties for violating Beverage Law.— (1) Any person willfully and . . .

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

. . . Sec. 562.45(1). . . .

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

. . . the City, that is, that the ordinance comes within the express provision of the Beverage Act, see § 562.45 . . .

STATE v. REDNER,, 425 So. 2d 174 (Fla. Dist. Ct. App. 1983)

. . . Section 562.45(2), Florida Statutes (1981), reads as follows: Nothing in the Beverage Law contained shall . . .

HARDAGE, v. CITY OF JACKSONVILLE BEACH,, 399 So. 2d 1077 (Fla. Dist. Ct. App. 1981)

. . . Section 562.45(2), Fla.Stat. (1979). . . .

JOHNSON, v. STATE, 395 So. 2d 594 (Fla. Dist. Ct. App. 1981)

. . . Section 562.45(1), the penalty statute covering a violation of section 562.06, classifies a violation . . .

D. C. E. a v. STATE, 381 So. 2d 1097 (Fla. Dist. Ct. App. 1979)

. . . Sections 562.11, 562.45. . . .

RIVERGATE RESTAURANT CORPORATION, d b a s a v. METROPOLITAN DADE COUNTY, a, 369 So. 2d 679 (Fla. Dist. Ct. App. 1979)

. . . Dade County lacks the powers of an ‘incorporated municipality’ under Section 562.45(2), Florida Statutes . . .

DIE BURG, INC. a d b a v. UNDERHILL, C., 465 F. Supp. 1176 (M.D. Fla. 1979)

. . . . § 562.45(2). . . . whether the State had preempted the right of regulation in this field by the operation of Fla.Stat. § 562.45 . . .

STATE v. GLICK,, 46 Fla. Supp. 110 (Dade Cty. Cir. Ct. 1977)

. . . . §562.45 (1) which renders it a misdemeanor to violate “any provision of the beverage law . . .” . . .

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

. . . Section 562.45(2), Florida Statutes (1975). . . .

V. SPADARO, v. STATE, 332 So. 2d 110 (Fla. Dist. Ct. App. 1976)

. . . Spadaro asserts that his felony convictions as a recidivist beverage law violator, § 562.45(1), F.S., . . . Sec. 562.45, F.S. . . . verdict of guilty as charged is insufficient to convict a recidivist under the felony provisions of § 562.45 . . .

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

. . . intent to sell and without a license to sell and dispose of same contrary to F.S. 1965, § 562.12 and § 562.45 . . .

L. MAYHUE, s v. CITY OF PLANTATION, FLORIDA,, 375 F.2d 447 (5th Cir. 1967)

. . . . § 562.45 (1962). . . . Ma.Stat.Ann. § 562.45 (1962) provides in part: “Nothing in the beverage law contained shall be construed . . .

STATE v. FERNANDEZ,, 156 So. 2d 400 (Fla. Dist. Ct. App. 1963)

. . . . § 562.45, F.S.A. . . .

STATE v. CURTIS, a k a, 152 So. 2d 754 (Fla. Dist. Ct. App. 1963)

. . . . §§ 831.10, 831.17, 562.45, F.S.A. . . . . § 562.45, F.S.A., the statute of instant concern renders the commission of a second offense a felony . . . When construing and applying the similar statute, Fla.Stat. § 562.45, F.S.A., the Supreme Court of Florida . . . Considering the similarity of Fla.Stat. § 562.45, F.S.A. and Fla.Stat. § 849.09(4), F.S.A., the statute . . .

LAMB, v. STATE, 151 So. 2d 884 (Fla. Dist. Ct. App. 1963)

. . . . §§ 562.45, 568.-02 and 568.05. In writing the opinion for the Court, Mr. . . . entry of a judgment and the imposition of a sentence for a felony would be authorized under section 562.45 . . .

STATE BEVERAGE DEPARTMENT E. Jr. s, a BRENTWOOD ASSEMBLY OF GOD CHURCH, 149 So. 2d 871 (Fla. Dist. Ct. App. 1963)

. . . business of any licensee under the beverage law within the corporate limits of such municipality (F.S. 562.45 . . .

POLSTON, v. STATE, 137 So. 2d 602 (Fla. Dist. Ct. App. 1962)

. . . 27, 1958,” is sufficiently certain to sustain a judgment for the commission of a felony under Sec. 562.45 . . . Section 562.45, Fla.Stat., 1959, F.S.A., provides in part: “ * * * that any person who shall have been . . .

CITY OF MIAMI BEACH, a D. R. Wm. L. v. STATE PICKIN CHICKEN OF LINCOLN ROAD, INC. a, 129 So. 2d 696 (Fla. Dist. Ct. App. 1961)

. . . Section 562.45, Florida Statutes 1949 F.S.A. * * * ” This matter was amplified in Ellis v. . . . under the authority of Chapter 3163, Laws of Florida, Acts of 1879, now appearing as Sections 168.07, 562.45 . . . restaurant complies with all of the terms and conditions of Florida Statutes Annotated 561.20 (2).” . § 562.45 . . .

CITY OF MIAMI v. FORBES,, 17 Fla. Supp. 153 (Dade Cty. Cir. Ct. 1960)

. . . Section 562.45, Florida Statutes, has been construed to limit the powers or rights of any incorporated . . . conflict arising at first blush is whether section 168.07, Florida Statutes, conflicts with section 562.45 . . . It therefore follows that section 4 of ordinance 6515 is proscribed by chapter 562.45, Florida Statutes . . .

LINTON, v. STATE, 109 So. 2d 786 (Fla. Dist. Ct. App. 1959)

. . . Section 562.45, Florida Statutes 1955, F. . . .

STATE v. ALTMAN,, 106 So. 2d 401 (Fla. 1958)

. . . 562.23, Florida Statutes, providing for conspiracy to violate beverage law and penalty; amending Section 562.45 . . . Statutes 1941, and Section 9 of Chapter 22669, Laws of Florida, Acts of 1945, also designated as Section 562.45 . . .

THE CITY OF MIAMI, FLORIDA, a v. STATE OF FLORIDA, WADELL L. SHEHAN, 158 Fla. 56 (Fla. 1946)

. . . Section 562.45 F.S.A. fixes the several penalties to be imposed against those found guilty of violating . . . Sections 561.34, 561.44, 562.45 and 168.07 F.S.A., and Chapter 10847, Special Acts of 1925, being the . . .

THE STATE OF FLORIDA, DIXIE INN, INC. a v. THE CITY OF MIAMI, a ALVIN E. FULLER,, 156 Fla. 784 (Fla. 1946)

. . . Section 561.44 and 562.45, Fla. . . . Section 562.45, Fla. . . . authority and is a valid and legal ordinance; (4) it was enacted by the city pursuant to Section 561.44 and 562.45 . . .

CITY OF MIAMI v. PAUL KICHINKO, 156 Fla. 128 (Fla. 1945)

. . . (Chapter 562.45 F.S.A.) . . . (Chapter 562.45 F.S.A.) . . . liquor vendor and, therefore, the ordinance there under consideration came within the purview of Sec. 562.45 . . .

LEROY SLADE v. NATHAN MAYO,, 153 Fla. 644 (Fla. 1943)

. . . Sentence was imposed under provisions of Section 562.45, Florida Statutes, 1941. . . .

Co. v., 7 B.T.A. 714 (B.T.A. 1927)

. . . ending June 30, 1919, petitioner determined to be worthless and charged oil certain debts totaling $562.45 . . .