Florida Statute 568.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 568
INTOXICATING LIQUORS IN COUNTIES WHERE PROHIBITED

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F.S. 568.10

568.10 Confiscation of liquors.—Upon the arrest of any person charged with a violation of any of the provisions of this chapter, the arresting officer shall take into his or her custody all of the intoxicating liquors, wines, or beer found in the possession, custody or control of the person arrested, and safely keep and preserve the same and have it forthcoming at any investigation, prosecution or other proceeding for the violation of any of the provisions of this chapter, and for the destruction of same as is in this section provided. Upon the conviction of the person arrested for the violation of any provision of this chapter, the judge of the court trying the case, after notice to the person convicted and any other person who the judge may be of the opinion is entitled to notice, as the judge may deem reasonable, shall issue to the sheriff of the county, division, or authorized municipality a written order adjudging and declaring such intoxicating liquors, wines, or beer forfeited and directing the sheriff, division, or authorized municipality to sell the liquors, wines, or beer to any licensed wholesaler in the state upon the condition that the intoxicating liquors, wines, and beer must be first inspected by an employee of the division to ascertain that all state taxes applicable have been paid. Sale shall be made, however, only upon submission by the sheriff, division, or authorized municipality of a request for bids to at least five wholesalers in the state, and the sale shall be made to the highest and best bidder; provided, however, if in the opinion of the sheriff, division, or authorized municipality no satisfactory bid from a wholesaler is received, bids may then be rejected and the intoxicating liquors, wines, or beer so seized and forfeited may be sold to any retailer licensed in this state to sell such beverages provided that the sale shall be made only upon submission by the sheriff, division, or authorized municipality of a request for bids to at least five retail dealers in the state and that the sale shall be made to the highest and best bidder therefor; the order shall further provide, in the event any forfeited liquors, wines, or beer cannot be sold, that the sheriff, division, or authorized municipality shall immediately destroy same or that the sheriff or authorized municipality shall deliver same to the division for the disposition as provided in s. 562.44. In the event that the liquors, wines, or beer are to be destroyed under the order, the destruction by the sheriff or authorized municipality shall be in the presence of the clerk of the circuit court of the county and at times, places and in the manner as the judge, in his or her order, directs.

History.—s. 10, ch. 18016, 1937; CGL 1940 Supp. 7648(19); s. 1, ch. 22024, 1943; s. 1, ch. 61-259; ss. 16, 35, ch. 69-106; s. 31, ch. 79-11; s. 883, ch. 97-103.

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Amendments to 568.10

Arrestable Offenses / Crimes under Fla. Stat. 568.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 568.10.

Annotations, Discussions, Cases:

Cases Citing Statute 568.10

Total Results: 10

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 995

Snippet: for the reclassification provided in section 817.568(10), Florida Statutes (2017), which provides a one-level

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

Court: Supreme Court of Florida | Date Filed: 2016-10-27

Citation: 202 So. 3d 830

Snippet: penalties for this crime. See § 817.568(5), and § 817.568(10), Fla. Stát. If one of those enhanced penalties

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: penalties for this crime. See § 817.568(5) and § 817.568(10), Fla. Stat. If one of these enhanced penalties

In re Standard Jury Instructions in Criminal Cases

Court: Supreme Court of Florida | Date Filed: 2008-04-24

Citation: 980 So. 2d 1056, 33 Fla. L. Weekly Supp. 258, 2008 Fla. LEXIS 741, 2008 WL 1819926

Snippet: victim with the victim’s credit history. § 817.568(10). Each instruction directs that the jury is to

Standard Jury Inst. in Cr. Cases No. 2006-2

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 962 So. 2d 310, 2007 WL 2002611

Snippet: enhancement under section 817.568(5) or section 817.568(10) does not require fraudulent use. However, proposed

Thomas Jefferson University v. Romer

Court: District Court of Appeal of Florida | Date Filed: 1998-04-01

Citation: 710 So. 2d 67, 1998 WL 145115

Snippet: attenuated" contacts. 444 U.S. at 299, 100 S.Ct. at 568.[10] As the Court has also held, a single contractual

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: alcoholic beverages as provided in s. 562.44 or s. 568.10. On June 30, 1982, law enforcement officers searched

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: alcoholic beverages as provided in s. 562.44 or s. 568.10. On June 30, 1982, law enforcement officers searched

Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.

Court: Supreme Court of Florida | Date Filed: 1978-05-25

Citation: 361 So. 2d 695, 1978 Fla. LEXIS 4835

Snippet: statement was echoed in Mitchell, 346 So.2d at 568. [10] See, e.g., Sheldon v. Powell, 99 Fla. 782, 128

State v. Atlantic Coast Line Railroad

Court: Supreme Court of Florida | Date Filed: 1908-06-15

Citation: 56 Fla. 617

Snippet: Village of Barberton, 76 Ohio St. 297, 81 N. E. Rep. 568, 10 Am. & Eng. Anno. Cas. 879; *625State ex rel. Beek