Florida Statute 562.45 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.45

562.45 Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions.—

(1) Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to violate any provision of the Beverage Law, and any person who violates any provision of the Beverage Law for which no penalty has been provided shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Nothing contained in the Beverage Law may be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality. However, except for premises licensed on or before July 1, 1999, and except for locations licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(5), for counties, and s. 166.041(3)(c), for municipalities. This restriction may not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The division may not issue a change in the series of a license or approve a change of a licensee’s location unless the licensee provides documentation of proper zoning from the appropriate county or municipal zoning authorities.

(b) Nothing in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle club licensed under s. 561.14, which is located within such county or municipality.

(c) A county or municipality may not enact any ordinance that regulates or prohibits those activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise provided in the Beverage Law, a local government, when enacting ordinances designed to promote and protect the general health, safety, and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state. Nothing in this section shall be construed to affect or impair the enactment or enforcement by a county or municipality of any zoning, land development or comprehensive plan regulation or other ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution.

History.—s. 15, ch. 16774, 1935; s. 3, ch. 19301, 1939; CGL 1940 Supp. 4151(240), 7648(6); s. 4, ch. 29964, 1955; s. 1, ch. 57-327; s. 573, ch. 71-136; s. 2, ch. 72-230; s. 1, ch. 87-365; s. 24, ch. 91-60; s. 4, ch. 97-165; s. 2, ch. 99-156; s. 128, ch. 2014-17; s. 13, ch. 2023-309.

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Amendments to 562.45

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 562.45

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

S562.45 1 - FRAUD-FALSE STATEMENT - FALSE ENTRY ON BEVERAGE RECORD - F: T

S562.45 1 - LIQUOR TAX - VIOLATION BEVERAGE LAW TAX - F: T

S562.45 1 - PUBLIC ORDER CRIMES - OTHER VIOLATION BEVERAGE LAW SUBSQ OFF - F: T

S562.45 1 - PUBLIC ORDER CRIMES - OTHER VIOLATION BEVERAGE LAW 1ST VIOL - M: S

Cases Citing Statute 562.45

Total Results: 34

State Ex Rel. Dixie Inn, Inc. v. City of Miami

24 So. 2d 705, 156 Fla. 784, 163 A.L.R. 577, 1946 Fla. LEXIS 618

Supreme Court of Florida | Filed: Jan 11, 1946 | Docket: 3270775

Cited 24 times | Published

by municipal ordinance from being operated. Section 562.45, Fla. Stats. 1941, in part, provides that nothing

BOARD OF COUNTY COM'RS v. Dexterhouse

348 So. 2d 916

District Court of Appeal of Florida | Filed: Jul 20, 1977 | Docket: 1760877

Cited 20 times | Published

of business; and (3) sanitary regulations. Section 562.45(2), Florida Statutes (1975). We recognize the

Hillsborough County v. FLORIDA REST. ASS'N

603 So. 2d 587, 1992 WL 164090

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 1476055

Cited 19 times | Published

in absence of county or municipal ordinance); § 562.45(2)(a) (local regulation of hours and location

Johnson v. State

395 So. 2d 594

District Court of Appeal of Florida | Filed: Mar 20, 1981 | Docket: 1317573

Cited 18 times | Published

without violence, in violation of section 843.02. Section 562.45(1), the penalty statute covering a violation

Anthony Distributors, Inc. v. Miller Brewing Co.

941 F. Supp. 1567, 1996 U.S. Dist. LEXIS 14792, 1996 WL 566888

District Court, M.D. Florida | Filed: Oct 2, 1996 | Docket: 2254170

Cited 17 times | Published

Stat. § 561.42(1), as enforced through Fla.Stat. § 562.45(1) (1995). In their motion for partial summary

Ellis v. City of Winter Haven

60 So. 2d 620, 1952 Fla. LEXIS 1412

Supreme Court of Florida | Filed: Sep 23, 1952 | Docket: 1507375

Cited 15 times | Published

business" of liquor licensees, as reserved to it by Section 562.45, supra. See Tittsworth v. Akin, 118 Fla. 454

Silver Rose Entertain. v. Clay County

646 So. 2d 246, 1994 WL 653448

District Court of Appeal of Florida | Filed: Nov 22, 1994 | Docket: 2568484

Cited 13 times | Published

county or corporate limits of such municipality. § 562.45(2)(a), Fla. Stat. (1993). In Hardage v. City of

Village Saloon v. DIVISION OF ALCOHOLIC BEV.

463 So. 2d 278

District Court of Appeal of Florida | Filed: Dec 3, 1984 | Docket: 1509685

Cited 11 times | Published

municipal limits pursuant to that exception and section 562.45(2), Florida Statutes. The ordinance adopted

Hardage v. City of Jacksonville Beach

399 So. 2d 1077

District Court of Appeal of Florida | Filed: Jun 19, 1981 | Docket: 1652247

Cited 10 times | Published

sanitary conditions of these establishments. Section 562.45(2), Fla. Stat. (1979). Under the power to regulate

Rivergate Rest. Corp. v. METRO. DADE CTY.

369 So. 2d 679

District Court of Appeal of Florida | Filed: Apr 17, 1979 | Docket: 1516687

Cited 9 times | Published

powers of an `incorporated municipality' under Section 562.45(2), Florida Statutes, "2. The State has pre-empted

State v. Redner

425 So. 2d 174

District Court of Appeal of Florida | Filed: Jan 14, 1983 | Docket: 1182245

Cited 8 times | Published

ordinance directly conflicts with state law. Section 562.45(2), Florida Statutes (1981), reads as follows:

Glackman v. City of Miami Beach

51 So. 2d 294, 1951 Fla. LEXIS 1262

Supreme Court of Florida | Filed: Feb 23, 1951 | Docket: 1275864

Cited 8 times | Published

for the sale of intoxicants, and also that in Section 562.45 it was provided that nothing in the beverage

Barnhill v. State

41 So. 2d 329, 1949 Fla. LEXIS 752

Supreme Court of Florida | Filed: Jun 24, 1949 | Docket: 3274606

Cited 8 times | Published

prescribed punishment. However, it is provided by Section 562.45, F.S. 1941, F.S.A.: "* * * that any person

City of Miami Springs v. JJT, INC.

437 So. 2d 200

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 280361

Cited 7 times | Published

Beverages, with local control being limited by Section 562.45(2), Florida Statutes, to hours of operation

Simpson v. Goldworm

59 So. 2d 511

Supreme Court of Florida | Filed: Jun 13, 1952 | Docket: 1249171

Cited 7 times | Published

regulations therefor," of any licensee under the Act. Section 562.45, Florida Statutes 1949 F.S.A. It is contended

Die Burg, Inc. v. Underhill

465 F. Supp. 1176, 1979 U.S. Dist. LEXIS 14252

District Court, M.D. Florida | Filed: Feb 22, 1979 | Docket: 886805

Cited 4 times | Published

the City of Fort Myers by the State. Fla. Stat. § 562.45(2). The interpretation of state law by the Florida

City of Miami Beach v. State Ex Rel. Pickin'Chicken of Lincoln Road, Inc.

129 So. 2d 696

District Court of Appeal of Florida | Filed: May 11, 1961 | Docket: 1737120

Cited 4 times | Published

regulations therefor,' of any licensee under the Act. Section 562.45, Florida Statutes 1949 F.S.A. * * *" This matter

City of Miami v. State Ex Rel. Shehan

27 So. 2d 829, 158 Fla. 56, 1946 Fla. LEXIS 473

Supreme Court of Florida | Filed: Oct 22, 1946 | Docket: 3266530

Cited 4 times | Published

being operated by such municipal ordinance." Section 562.45 F.S.A. fixes the several penalties to be imposed

Orange County v. Costco Wholesale Corp.

823 So. 2d 732, 27 Fla. L. Weekly Supp. 608, 2002 Fla. LEXIS 1394, 2002 WL 1378580

Supreme Court of Florida | Filed: Jun 27, 2002 | Docket: 458759

Cited 3 times | Published

that sell alcoholic beverages is grounded in Section 562.45(2), Florida Statutes,[[5]] and is clearly related

219 South Atlantic Boulevard Inc. v. City of Fort Lauderdale

239 F. Supp. 2d 1265, 2002 U.S. Dist. LEXIS 26025

District Court, S.D. Florida | Filed: Dec 3, 2002 | Docket: 2284668

Cited 2 times | Published

violation of equal protection; (7) violation of Florida Statute 562.45(2)(c), prohibiting discriminatory treatment

State Beverage Department v. Brentwood Assembly of God Church

149 So. 2d 871, 4 A.L.R. 3d 1238

District Court of Appeal of Florida | Filed: Feb 12, 1963 | Docket: 60210050

Cited 1 times | Published

within the corporate limits of such municipality (F.S. 562.45), clearly recognized the existence of a practical

State v. Altman

106 So. 2d 401

Supreme Court of Florida | Filed: Oct 31, 1958 | Docket: 1698463

Cited 1 times | Published

violate beverage law and penalty; amending Section 562.45, Florida Statutes, providing penalties for

Ago

Florida Attorney General Reports | Filed: Jun 28, 2001 | Docket: 3255802

Published

Responsible Vendor Act," Chapter 561, Fla. Stat. 6 Section 562.45(1), Fla. Stat. 7 Chapters 561, 562, 563, 564

Ago

Florida Attorney General Reports | Filed: May 16, 2000 | Docket: 3257044

Published

7 a.m. of the following day." In addition, section 562.45(2)(a), Florida Statutes, provides in part:

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

where alcohol is sold, without a license. However, § 562.45 provides that any person who has been convicted

Spadaro v. State

332 So. 2d 110, 1976 Fla. App. LEXIS 14392

District Court of Appeal of Florida | Filed: May 18, 1976 | Docket: 64553679

Published

convictions as a recidivist beverage law violator, § 562.45(1), F.S., were vitiated by an insufficient verdict

Ago

Florida Attorney General Reports | Filed: Feb 19, 1976 | Docket: 3255277

Published

under consideration came within the purview of § 562.45 Fla. Statutes 1941, same F.S.A., as to "location

Clark v. State

239 So. 2d 500

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

Published

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

State v. Fernandez

156 So. 2d 400

District Court of Appeal of Florida | Filed: Sep 4, 1963 | Docket: 60215391

Published

similarity of the statute there involved and Fla.Stat. § 562.45, F.S.A. After consideration of cases involving

State v. Curtis

152 So. 2d 754, 1963 Fla. App. LEXIS 3647

District Court of Appeal of Florida | Filed: Apr 19, 1963 | Docket: 60211854

Published

S.A. In a manner similar to that in Fla.Stat. § 562.45, F.S.A., the statute of instant concern renders

Lamb v. State

151 So. 2d 884, 1963 Fla. App. LEXIS 3843

District Court of Appeal of Florida | Filed: Mar 1, 1963 | Docket: 60211256

Published

sentence for a felony would be authorized under section 562.45, supra. If the second suggested verdict is

Polston v. State

137 So. 2d 602

District Court of Appeal of Florida | Filed: Feb 7, 1962 | Docket: 60201218

Published

sale of intoxicating liquors, wines or beer.” Section 562.45, Fla.Stat., 1959, F.S.A., provides in part:

Linton v. State

109 So. 2d 786

District Court of Appeal of Florida | Filed: Feb 27, 1959 | Docket: 60192025

Published

the chapter relating to alcoholic beverages. Section 562.45, Florida Statutes 1955, F. S.A., provides:

Slade v. Mayo

15 So. 2d 420, 153 Fla. 644, 1943 Fla. LEXIS 1061

Supreme Court of Florida | Filed: Nov 2, 1943 | Docket: 3272920

Published

Prison. Sentence was imposed under provisions of Section 562.45, Florida Statutes, 1941. The penalty imposed