Florida Statute 562.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.12

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.

F.S. 562.12 on Google Scholar

F.S. 562.12 on Casetext

Amendments to 562.12

Arrestable Offenses / Crimes under Fla. Stat. 562.12

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

S562.12 - LIQUOR-SELL - ILLEGAL SALE OF BEVERAGES - M: S

S562.12 - LIQUOR-SELL - EXPORTER WO LIC - M: S

S562.12 - LIQUOR-SELL - EXPORTER WO LIC SUBSQ OFF - F: T

S562.12 - LIQUOR-SELL - ILLEGAL SALE OF BEVERAGES SUBSQ OFF - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 562.12

Total Results: 10

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

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-07T00:00:00-07:00

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

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

Testerman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-17T00:00:00-07:00

Citation: 508 So. 2d 562, 12 Fla. L. Weekly 1514, 1987 Fla. App. LEXIS 8917

Snippet: Campbell, Frank, Lehan 17 June 1987 508 So. 2d 562, 12 Fla. L. Weekly 1514, 1987 Fla. App. LEXIS 8917

McPhadder v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-13T00:00:00-07:00

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

Snippet: WITHOUT A LICENSE (FELONY) . Section 562.12(1) provides: 562.12 Beverages sold with improper license,…alcohol was sold without a license in violation of § 562.12. The case was tried in the circuit court, and the…Beverage Law of the State of Florida,” violated § 562.12.2 That statute classifies as a misdemeanor the

Hedges v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-01T23:53:00-08:00

Citation: 448 So. 2d 5

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

State v. Cobb

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-10T00:00:00-08:00

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

Snippet: deauthor-ized by 562.12, and the acquittal or other discharge of a person criminally charged under 562.12 does not…Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual…the civil forfeiture proceedings. Under section 562.12 it is a second degree misdemeanor to sell alcoholic…circuit court of Hamilton County, alleging section 562.12 misdemeanors committed on June 30, 1982, and Cobb…back to the date of seizure. Referring to section 562.12 and its joint provision for criminal prosecution

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

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-09T23:53:00-08:00

Citation: 440 So. 2d 65

Snippet: deauthorized by 562.12, and the acquittal or other discharge of a person criminally charged under 562.12 does not…Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual…the civil forfeiture proceedings. Under section 562.12 it is a second degree misdemeanor to sell alcoholic…circuit court of Hamilton County, alleging section 562.12 misdemeanors committed on June 30, 1982, and Cobb…back to the date of seizure. Referring to section 562.12 and its joint provision for criminal prosecution

State v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1980-04-22T23:53:00-08:00

Citation: 382 So. 2d 866

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

Lurie v. Florida State Board of Dentistry

Court: Fla. | Date Filed: 1973-10-10T00:53:00-07:00

Citation: 288 So. 2d 223

Snippet: 82 83; Counselman v. Hitchcock, 142 U.S. 547, 562, 12 S.Ct. 195, 35 L.Ed. 1110. "Where speech will

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-09-16T00:00:00-07:00

Citation: 239 So. 2d 500

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

State ex rel. Atlantic Coast Line Railroad v. Board of Equalizers

Court: Fla. | Date Filed: 1922-11-20T00:00:00-08:00

Citation: 84 Fla. 592

Snippet: Rep. 61; People ex rel. Miner 131, 35 Pac. Rep. 562; 12 Ency. Pl. & Pr. 728; 19 Am. & Eng. Ency