Florida Statutes
Fla. Stat. § 562.12 (2025)
Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited.
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562.12 Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited.—
(1)(a) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverages except as permitted by her or his license, or to sell such beverages in any manner except that permitted by her or his license; and any licensee or other person who keeps or possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be sold without a license, with intent to sell or dispose of same unlawfully, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person, including a licensee, who unlawfully sells alcoholic beverages at a commercial establishment or keeps and maintains a place where alcoholic beverages are sold or intended to be sold unlawfully commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of not less than $5,000 and not more than $10,000.
(2) Any person, including a licensee, who commits a second or subsequent violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of not less than $15,000 and not more than $20,000.
(3) It is unlawful for any person to operate as an exporter of alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Upon the arrest of any licensee or other person charged with a violation of this section, the arresting officer shall take into her or his custody all alcoholic beverages found in the possession, custody, or control of the person arrested or, in the case of a licensee, all alcoholic beverages not within the purview of her or his license, and safely keep and preserve the same and have it forthcoming at any investigation, prosecution, or other proceeding for the violation of this section and for the destruction of the same as provided herein. Upon the conviction of the person arrested for a violation of this section, the judge of the court trying the case, after notice to the person convicted and any other person whom the judge may be of the opinion is entitled to notice, as the judge may deem reasonable, shall issue to the sheriff of the county, the division, or the authorized municipality a written order adjudging and declaring the alcoholic beverages forfeited and directing the sheriff, the division, or the authorized municipality to dispose of the alcoholic beverages as provided in s. 562.44 or s. 568.10.
History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 28069, 1953; s. 1, ch. 61-218; ss. 16, 35, ch. 69-106; s. 564, ch. 71-136; s. 2, ch. 72-230; s. 20, ch. 79-11; s. 23, ch. 91-60; s. 860, ch. 97-103; s. 1, ch. 2024-77.
Arrestable Offenses under F.S. 562.12
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§562.12LIQUOR-SELLRENUMBERED. SEE REC # 10406
§562.12LIQUOR-SELLRENUMBERED. SEE REC # 10409
§562.12LIQUOR-SELLRENUMBERED. SEE REC # 10407
§562.12LIQUOR-SELLRENUMBERED. SEE REC # 10408
§562.12(1a)LIQUOR-SELLSELL ALCOHOLIC DRINKS W/O LICENSE
§562.12(1a)LIQUOR-SELLSELL ALCOHOLIC DRINKS W/O LICENSE 2ND/SUBSQ
§562.12(1b)LIQUOR-SELLMAINTAIN BUSINESS TO SELL ALCOHOL UNLAWFUL
§562.12(1b)LIQUOR-SELLMAINTAIN BUSINESS SELL ALCOHOL UNLAW 2ND/SUB
§562.12(3)LIQUOR-SELLEXPORT ALCOHOL W/O A LICENSE
§562.12(3)LIQUOR-SELLEXPORT ALCOHOL W/O A LICENSE 2ND/SUBSQ
Notes of Decisions
Cited in 7
cases, 1970–1987 · leading case: In Re Forfeiture of Following Described Prop.: Al. Bev. Seized From Saul's Elks Club, 440 So. 2d 65 (Fla. 1st DCA 1983).
In Re Forfeiture of Following Described Prop.: Al. Bev. Seized From Saul's Elks Club, 440 So. 2d 65 (Fla. 1st DCA 1983). “The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by…”
State v. Johnson, 382 So. 2d 866 (Fla. 2d DCA 1980). “NOTES [1] Johnson was charged with a violation of § 562.12(1), Fla. Stat., a second-degree misdemeanor.”
Hedges v. State, 448 So. 2d 5 (Fla. 5th DCA 1984). “COWART, Judge, concurring specially: Appellant, Judy Hedges, not having a license, sold alcoholic beverages to an undercover agent and was duly convicted and punished for selling alcoholic beverages without a license, a misdemeanor violation of section 562.12, Florida Statutes…”
State v. Cobb, 440 So. 2d 65 (Fla. 1st DCA 1983). “The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by…”
McPhadder v. State, 450 So. 2d 1264 (Fla. 1st DCA 1984). “Appellant was charged with two counts of selling alcoholic beverages without a license, and two counts of maintaining a place where alcohol was sold without a license in violation of § 562.12. The case was tried in the circuit court, and the jury *1265 returned guilty verdicts…”
Clark v. State, 239 So. 2d 500 (Fla. 2d DCA 1970). “1965, § 562.12 and § 562.45, F.S.A. The verdict did not comply with the requirements of Barnhill v.”
Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Cost Plus Imports of Tampa Bay, Inc., 513 So. 2d 763 (Fla. 2d DCA 1987). “The state contends that payment of the rental price of appellee’s limousine also constituted a consideration for the alcoholic beverages.”
— 562.12(1) — 2 cases
State v. Johnson, 382 So. 2d 866 (Fla. 2d DCA 1980). “NOTES [1] Johnson was charged with a violation of § 562.12(1), Fla. Stat., a second-degree misdemeanor.”
McPhadder v. State, 450 So. 2d 1264 (Fla. 1st DCA 1984). “Appellant was charged with two counts of selling alcoholic beverages without a license, and two counts of maintaining a place where alcohol was sold without a license in violation of § 562.12. The case was tried in the circuit court, and the jury *1265 returned guilty verdicts…”
— 562.12(2) — 2 cases
In Re Forfeiture of Following Described Prop.: Al. Bev. Seized From Saul's Elks Club, 440 So. 2d 65 (Fla. 1st DCA 1983). “The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by…”
State v. Cobb, 440 So. 2d 65 (Fla. 1st DCA 1983). “The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by…”
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