Florida Statutes

Fla. Stat. § 562.41 (2025)

Searches; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

562.41 Searches; penalty.—

(1) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may make searches of persons, places, and conveyances of any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions of the Beverage Law are being violated.

(2) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may enter in the daytime any building or place where any beverages subject to tax under the Beverage Law or which would be subject to tax thereunder if such beverages were manufactured in or brought into this state in accordance with the regulatory provisions thereof, or any alcoholic beverages, are manufactured, produced, or kept, so far as may be necessary, for the purpose of examining said beverages. When such premises are open at night, such officers may enter them while so open, in the performance of their official duties.

(3) Any owner of such premises or person having the agency, superintendency, or possession of same, who refuses to admit such officer or to suffer her or him to examine such beverages, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any person who shall forcibly obstruct or hinder the director, any division employee, any sheriff, any deputy sheriff, or any police officer in the execution of any power or authority vested in her or him by law, or who shall forcibly rescue or cause to be rescued any property if the same shall have been seized by such officer, or shall attempt or endeavor to do so, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) Licensees, by the acceptance of their license, agree that their places of business shall always be subject to be inspected and searched without search warrants by the authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or at any other time such premises are occupied by the licensee or other persons.

History.—s. 15, ch. 19301, 1939; CGL 1940 Supp. 4151(271x), 7648(28), (29); ss. 1, 2, ch. 57-327; ss. 16, 35, ch. 69-106; s. 572, ch. 71-136; s. 2, ch. 72-230; s. 28, ch. 79-11; s. 6, ch. 86-269; s. 868, ch. 97-103.

Arrestable Offenses under F.S. 562.41

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§562.41RESIST OFFICEROBSTRUCT OFFICE WHERE BEVERAGES SOLDM · 2nd

§562.41RESIST OFFICEROBSTRUCT WHERE BEVERAGE SOLD SUBSQ OFFF · 3rd

Notes of Decisions

Cited in 7 cases, 1953–2014 · leading case: Belk-James, Inc. v. Nuzum, 358 So. 2d 174 (Fla. 1978).

Sort: Relevance Newest Treatment

Belk-James, Inc. v. Nuzum, 358 So. 2d 174 (Fla. 1978). · cites it 2× “16 (personal tax liability for violations), Fla. Stat.”

The Indigo Room, Inc. v. City of Fort Myers, 589 F. App'x 938 (11th Cir. 2014). · cites it 2× “See Fla. Stat. § 562.41 . The police department conducts planned operations, usually initiated by the officer or officers responsible for patrolling the area, as well as unplanned inspections, while on patrol.”

Boynton v. State, 64 So. 2d 536 (Fla. 1953). “Appellee also cites Section 562.41, F.S.A. as further authority for the arrests, searches and seizures.”

DEPT. OF Bus. v. Calder Race Course, 724 So. 2d 100 (Fla. 1st DCA 1998). · cites it 2× “[3] Contrast, for example, the explicit power given law enforcement officers by section 562.41, Florida Statutes (1995), to conduct warrantless searches of premises where alcoholic beverages are sold, as well as the provision therein that such licensees consent to searches and…”

Bakri v. City of Daytona Beach, 716 F. Supp. 2d 1165 (M.D. Fla. 2010). · cites it 3× “The officers attempt to rely on section 562.41, Florida Statutes, as justifying a right to search the gas station, including the back office.”

Cellermaster Wines, Inc. v. Chastain, 530 F. Supp. 714 (S.D. Fla. 1982). “Although there is language in Colonnade which suggests that fourth amendment considerations were present, the case did not rest on fourth amendment grounds.”

Futch v. State Beverage Dir., 13 Fla. Supp. 198 (Fla. Cir. Ct., Volusia Cty. 1959). “This case involves the construction of section 562.41, subsections 3 and 4, and section 561.”

— 562.41(1) — 1 case

Bakri v. City of Daytona Beach, 716 F. Supp. 2d 1165 (M.D. Fla. 2010). “The officers attempt to rely on section 562.41, Florida Statutes, as justifying a right to search the gas station, including the back office.”

— 562.41(3) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.