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Florida Statute 561.50 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
F.S. 561.50
561.50 One state tax payment; reports.
(1) There shall be only one state tax paid as to each gallon or fraction thereof of beverage sold under the Beverage Law, and no other excise tax shall be levied directly or indirectly. Such tax shall be computed from the reports, books, and records of manufacturers and distributors; and the amount so computed shall be remitted with the report required by s. 561.55 to the division at intervals of 1 month, on or before the 10th of each month, for all beverages sold during the previous calendar month, and such payment of tax shall accompany the report required by s. 561.55. If the monthly tax liability of a manufacturer or distributor exceeds the amount of the bond furnished for payment of taxes, the division, upon a finding based upon substantial and competent evidence that the security of the tax revenue involved is in jeopardy, may require a bond equal to the anticipated tax liability of the manufacturer or distributor. Additionally, the division may increase the frequency of the remittance of the tax when the security of the tax involved is in immediate jeopardy or the financial condition of the manufacturer or distributor is unstable and the potential tax liability exceeds the bond furnished under the Beverage Law. In arriving at a conclusion that the security of the tax revenue involved is in jeopardy, the division shall consider and be guided by the prior history, if any, of the compliance or noncompliance by the manufacturer or distributor with beverage tax obligations; the transient or nontransient nature of the manufacturer or distributorship; the type of inventory, the equity of the manufacturer or distributor therein, and the mobility of such inventory; the financial status of the manufacturer or distributor; and the anticipated tax obligation of the manufacturer or distributor.
(2) Whenever the tax on alcoholic beverages under the Beverage Law is expressed in gallons, the conversion factor of 1 liter being the equivalent of 0.26417 gallons shall be used in determining the applicable tax.
(3) The use of the word “sold” in subsection (1) shall include alcoholic beverages lost, stolen, or other unaccounted for shortages occurring after entry into the state. All lost, stolen, or other unaccounted for shortages occurring outside this state and supported by documentation shall not be subject to the Florida excise tax upon such alcoholic beverages.
History.s. 9, ch. 16774, 1935; CGL 1936 Supp. 4151(235); s. 10, ch. 18015, 1937; s. 2, ch. 20830, 1941; s. 30, ch. 57-420; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 20, ch. 81-158; s. 5, ch. 88-308.

F.S. 561.50 on Google Scholar

F.S. 561.50 on Casetext

Amendments to 561.50


Arrestable Offenses / Crimes under Fla. Stat. 561.50
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.50.



Annotations, Discussions, Cases:

Cases Citing Statute 561.50

Total Results: 3

People Against Section 561.501, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: District Court of Appeal of Florida | Date Filed: 1991-10-16

Citation: 587 So. 2d 644, 1991 Fla. App. LEXIS 10522, 1991 WL 210462

Snippet: of the legislative enactment: Notwithstanding s. 561.50 or any other provision of the Beverage Law, a surcharge

Ivey v. BACARDI IMPORTS, CO., INC.

Court: Supreme Court of Florida | Date Filed: 1989-03-23

Citation: 541 So. 2d 1129, 14 Fla. L. Weekly 129, 1989 Fla. LEXIS 201, 1989 WL 27659

Snippet: will only be collected once in accordance with s. 561.50. *1133 (2)(a) As to all wines, except natural

Atlantic Coast Line Railroad v. Coachman

Court: Supreme Court of Florida | Date Filed: 1910-01-15

Citation: 59 Fla. 130

Snippet: of Illinois ex rel. Drainage Com’rs, 200 U. S. 561, 50 L. Ed. 596, 26 Sup. Ct. Rep. 341; Lake Shore &