561.02

Creation and duties of Division of Alcoholic Beverages and Tobacco.

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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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1968–2024 · leading case: Bainbridge v. Bush

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Bainbridge v. Bush (2001) flmd · cites it 2× “Fla. Stat. § 561.02 . The Division of Alcoholic Beverages and Tobacco is responsible for enforcing an excise tax which the State imposes on each gallon of beer, wine and liquor sold in the State.”

Bankshot Billiards, Inc. v. City of Ocala (2011) ca11 “e Ordinance’s terms and enforcement were “arbitrary and capricious”; (2) the Ordinance was overbroad; (3) the Ordinance was a bill of attainder; (4) the Ordinance violated equal protection; (5) the Ordinance violated procedural and substantive due process; and (6) the Ordinance…”

4245 CORP. v. Division of Beverage (1978) fladistctapp · cites it 2× “" The Division further cites as authority Section 561.02, Florida Statutes (1975), which provides, in pertinent part that the Division of Beverage shall: *1034 ".”

DEPT. OF CHILDREN & FAMILY v. Brunner (1998) fladistctapp · cites it 2× “See § 561.02, Fla. Stat. (1997). Appellees alleged in their complaints that the licensing fees were inapplicable to them because the alcoholic beverage licenses which had been issued to them were not subject to the limitations contained in section 561.”

BANKSHOT BILLARDS, INC. v. City of Ocala (2010) flmd · cites it 4× “2):(1) claims for violations of Fla. Stat. §§ 561.02 , 562.45; (2) claims for violations of the Bill of Attainder Clause of the United States Constitution; (3) claims for violation of the Equal Protection Clause; (4) claims for violation of the Due Process Clause based on over-…”

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana (2024) fla · cites it 2× “See § 561.02, Fla. Stat. (2023) (“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…”

Bankshot Billiards, Inc. v. City of Ocala (2011) ca11 “e Ordinance's terms and enforcement were “arbitrary and capricious”; (2) the Ordinance was overbroad; (3) the Ordinance was a bill of attainder; (4) the Ordinance violated equal protection; (5) the Ordinance violated procedural and substantive due process; and (6) the Ordinance…”

Pensacola Yacht Club v. State Beverage Department (1968) flacirct1esc “” The office of state beverage director is created by §§561.02-561.05 charged with the enforcement and administration of the beverage laws and rules and regulations of the state beverage department.”

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