Florida Statute 562.41 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.41

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.

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Amendments to 562.41

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

Annotations, Discussions, Cases:

Cases Citing Statute 562.41

Total Results: 5

DEPT. OF BUSINESS v. Calder Race Course

Court: District Court of Appeal of Florida | Date Filed: 1998-07-29

Citation: 724 So. 2d 100, 1998 WL 422515

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

Belk-James, Inc. v. Nuzum

Court: Supreme Court of Florida | Date Filed: 1978-03-09

Citation: 358 So. 2d 174

Snippet: 20 and 561.55, Fla. Stat. (1975). [11] Section 562.41, Florida Statutes (1975), authorizes searches by

Hill v. State

Court: Supreme Court of Florida | Date Filed: 1970-07-01

Citation: 238 So. 2d 608

Snippet: F.S.A. [22] Fla. Stat. §§ 561.07, 562.031 and 562.41, F.S.A. See City of Jacksonville v. Wilson, 157

Shannon v. McBride

Court: District Court of Appeal of Florida | Date Filed: 1958-06-04

Citation: 105 So. 2d 16

Snippet: v. Southern Brewing Co., 146 Fla. 588, 1 So.2d 562; 41 Am.Jur., Pleading, Sec. 313; 6 Cyclopedia of Federal

Boynton v. State

Court: Supreme Court of Florida | Date Filed: 1953-04-07

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

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