Florida Statute 562.45 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562
BEVERAGE LAW: ENFORCEMENT

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F.S. 562.45

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.

F.S. 562.45 on Google Scholar

F.S. 562.45 on Casetext

Amendments to 562.45

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

Annotations, Discussions, Cases:

Cases Citing Statute 562.45

Total Results: 20

Orange County v. Costco Wholesale Corp.

Court: Supreme Court of Florida | Date Filed: 2002-06-27

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

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

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Court: Florida Attorney General Reports | Date Filed: 2001-06-28

Snippet: Vendor Act," Chapter 561, Fla. Stat. 6 Section 562.45(1), Fla. Stat. 7 Chapters 561, 562, 563, 564, 565

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Court: Florida Attorney General Reports | Date Filed: 2000-05-16

Snippet: m. of the following day." In addition, section 562.45(2)(a), Florida Statutes, provides in part: "Nothing

Silver Rose Entertain. v. Clay County

Court: District Court of Appeal of Florida | Date Filed: 1994-11-22

Citation: 646 So. 2d 246, 1994 WL 653448

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

Hillsborough County v. FLORIDA REST. ASS'N

Court: District Court of Appeal of Florida | Date Filed: 1992-07-17

Citation: 603 So. 2d 587, 1992 WL 164090

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

Village Saloon v. DIVISION OF ALCOHOLIC BEV.

Court: District Court of Appeal of Florida | Date Filed: 1984-12-03

Citation: 463 So. 2d 278

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

McPhadder v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-06-13

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

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

State v. Cobb

Court: District Court of Appeal of Florida | Date Filed: 1983-11-10

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

Snippet: prior conviction of another similar offense. Sec. 562.45(1). In due course the circuit court dismissed the

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

Court: District Court of Appeal of Florida | Date Filed: 1983-11-10

Citation: 440 So. 2d 65

Snippet: prior conviction of another similar offense. Sec. 562.45(1). In due course the circuit court dismissed the

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Court: Florida Attorney General Reports | Date Filed: 1983-11-04

Snippet: AGO's 76-40, 74-362, 74-319. Subsection (2) of s 562.45, F.S., provides: Nothing in the Beverage Law

City of Miami Springs v. JJT, INC.

Court: District Court of Appeal of Florida | Date Filed: 1983-09-13

Citation: 437 So. 2d 200

Snippet: alcoholic beverage licensees in Sections 562.14 and 562.45(2), Florida Statutes (1981), had preempted the

State v. Redner

Court: District Court of Appeal of Florida | Date Filed: 1983-01-14

Citation: 425 So. 2d 174

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

Hardage v. City of Jacksonville Beach

Court: District Court of Appeal of Florida | Date Filed: 1981-06-19

Citation: 399 So. 2d 1077

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

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-03-20

Citation: 395 So. 2d 594

Snippet: violence, in violation of section 843.02. Section 562.45(1), the penalty statute covering a violation of

D. C. E. v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-26

Citation: 381 So. 2d 1097, 1979 Fla. App. LEXIS 16357

Snippet: basis for a delinquency judgment. Sections 562.11, 562.45. The case is not changed by the fact that an adult

DCE v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-26

Citation: 381 So. 2d 1097

Snippet: basis for a delinquency judgment. Sections 562.11, 562.45. The case is not changed by the fact that an adult

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

Court: District Court of Appeal of Florida | Date Filed: 1979-04-17

Citation: 369 So. 2d 679

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

BOARD OF COUNTY COM'RS v. Dexterhouse

Court: District Court of Appeal of Florida | Date Filed: 1977-07-20

Citation: 348 So. 2d 916

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

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Court: Florida Attorney General Reports | Date Filed: 1976-10-18

Snippet: preserved in effect by s. 166.042(1), F. S., and s.562.45(2), F. S., a municipality has the power to adopt

Spadaro v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-05-18

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

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