Florida Statute 562.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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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.

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Amendments to 562.12

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 562.12

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

S562.12 - LIQUOR-SELL - RENUMBERED. SEE REC # 10406 - M: S

S562.12 - LIQUOR-SELL - RENUMBERED. SEE REC # 10409 - F: T

S562.12 - LIQUOR-SELL - RENUMBERED. SEE REC # 10407 - M: S

S562.12 - LIQUOR-SELL - RENUMBERED. SEE REC # 10408 - F: T

S562.12 1a - LIQUOR-SELL - SELL ALCOHOLIC DRINKS W/O LICENSE - M: S

S562.12 1a - LIQUOR-SELL - SELL ALCOHOLIC DRINKS W/O LICENSE 2ND/SUBSQ - F: S

S562.12 1b - LIQUOR-SELL - MAINTAIN BUSINESS TO SELL ALCOHOL UNLAWFUL - F: T

S562.12 1b - LIQUOR-SELL - MAINTAIN BUSINESS SELL ALCOHOL UNLAW 2ND/SUB - F: S

S562.12 3 - LIQUOR-SELL - EXPORT ALCOHOL W/O A LICENSE - M: S

S562.12 3 - LIQUOR-SELL - EXPORT ALCOHOL W/O A LICENSE 2ND/SUBSQ - F: T

Cases Citing Statute 562.12

Total Results: 7

State v. Johnson

382 So. 2d 866

District Court of Appeal of Florida | Filed: Apr 23, 1980 | Docket: 1674229

Cited 8 times | Published

NOTES [1] Johnson was charged with a violation of § 562.12(1), Fla. Stat., a second-degree misdemeanor. [2]

In Re Forfeiture of Following Described Property: Al. Bev. Seized From Saul's Elks Club

440 So. 2d 65

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 1430852

Cited 6 times | Published

prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for

Hedges v. State

448 So. 2d 5

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 429488

Cited 4 times | Published

without a license, a misdemeanor violation of section 562.12, Florida Statutes (1981). It being discovered

Department of Business Regulation, Division of Alcoholic Beverages & Tobacco v. Cost Plus Imports of Tampa Bay, Inc.

513 So. 2d 763, 12 Fla. L. Weekly 2399, 1987 Fla. App. LEXIS 12267

District Court of Appeal of Florida | Filed: Oct 7, 1987 | Docket: 64629972

Published

beverages without a license in violation of section 562.12, Florida Statutes (1985), which makes it unlawful

McPhadder v. State

450 So. 2d 1264, 1984 Fla. App. LEXIS 13549

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 64605268

Published

alcohol was sold without a license in violation of § 562.12. The case was tried in the circuit court, and

State v. Cobb

440 So. 2d 65, 1983 Fla. App. LEXIS 24072

District Court of Appeal of Florida | Filed: Nov 10, 1983 | Docket: 64600506

Published

prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for

Clark v. State

239 So. 2d 500

District Court of Appeal of Florida | Filed: Sep 16, 1970 | Docket: 64516608

Published

sell and dispose of same contrary to F.S. 1965, § 562.12 and § 562.45, F.S.A. The verdict did not comply

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