Florida Statute 561.2 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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F.S. 561.02 on CourtListener

Amendments to 561.02

Annotations, Discussions, Cases:

Cases Citing Statute 561.02

Total Results: 5

Bainbridge v. Bush

148 F. Supp. 2d 1306, 2001 U.S. Dist. LEXIS 10317, 2001 WL 826642

District Court, M.D. Florida | Filed: Jul 17, 2001 | Docket: 2433597

Cited 7 times | Published

the division in connection therewith. FLA. STAT. § 561.02. The Division of Alcoholic Beverages and Tobacco

4245 CORP. v. Division of Beverage

371 So. 2d 1032

District Court of Appeal of Florida | Filed: Jul 18, 1978 | Docket: 2412268

Cited 5 times | Published

law." The Division further cites as authority Section 561.02, Florida Statutes (1975), which provides, in

DEPT. OF CHILDREN & FAMILY v. Brunner

707 So. 2d 1197, 1998 WL 161269

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 1260200

Cited 1 times | Published

with the duty of enforcing this provision. See § 561.02, Fla. Stat. (1997). Appellees alleged in their

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana

Supreme Court of Florida | Filed: Apr 1, 2024 | Docket: 68397159

Published

893.135(1), Fla. Stat. (2023). 20. See § 561.02, Fla. Stat. (2023) (“There is created within the

Ago

Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3256001

Published

Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 561.02, Fla. Stat. 2 See Morgan v. State ex rel. Shevin