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Florida Statute 562.41 - Full Text and Legal Analysis
Florida Statute 562.41 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 562.41 Case Law from Google Scholar Google Search for Amendments to 562.41

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 562
BEVERAGE LAW: ENFORCEMENT
View Entire Chapter
F.S. 562.41
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.

F.S. 562.41 on Google Scholar

F.S. 562.41 on CourtListener

Amendments to 562.41


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 562.41
Level: Degree
Misdemeanor/Felony: First/Second/Third

S562.41 - RESIST OFFICER - OBSTRUCT OFFICE WHERE BEVERAGES SOLD - M: S
S562.41 - RESIST OFFICER - OBSTRUCT WHERE BEVERAGE SOLD SUBSQ OFF - F: T

Cases Citing Statute 562.41

Total Results: 5

Boynton v. State

64 So. 2d 536, 1953 Fla. LEXIS 1199

Supreme Court of Florida | Filed: Apr 7, 1953 | Docket: 1388681

Cited 22 times | Published

other laws are mentioned. Appellee also cites Section 562.41, F.S.A. as further authority for the arrests

Belk-James, Inc. v. Nuzum

358 So. 2d 174

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 1691027

Cited 15 times | Published

562.20 and 561.55, Fla. Stat. (1975). [11] Section 562.41, Florida Statutes (1975), authorizes searches

DEPT. OF BUSINESS v. Calder Race Course

724 So. 2d 100, 1998 WL 422515

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1410625

Cited 2 times | Published

explicit power given law enforcement officers by section 562.41, Florida Statutes (1995), to conduct warrantless

Bakri v. City of Daytona Beach

716 F. Supp. 2d 1165, 2010 U.S. Dist. LEXIS 44962, 2010 WL 1851456

District Court, M.D. Florida | Filed: May 7, 2010 | Docket: 2403857

Published

supportable. The officers attempt to rely on section 562.41, Florida Statutes, as justifying a right to

Cellermaster Wines, Inc. v. Chastain

530 F. Supp. 714, 1982 U.S. Dist. LEXIS 11558

District Court, S.D. Florida | Filed: Jan 25, 1982 | Docket: 66157478

Published

States. The plaintiffs argue that Florida Statute § 562.41(3) and (4) are the state counterparts to the federal