Florida Statutes

Fla. Stat. § 812.171 (2025)

Definition.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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812.171 Definition.—As used in this act, the term “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, that is open for business at any time between the hours of 11 p.m. and 5 a.m., and that is licensed by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation pursuant to chapter 210, chapter 561, chapter 562, chapter 563, chapter 564, chapter 565, or chapter 569, as applicable. The term “convenience business” does not include:

(1) A business that is solely or primarily a restaurant.

(2) A business that always has at least five employees on the premises after 11 p.m. and before 5 a.m.

(3) A business that has at least 10,000 square feet of retail floor space.

(4) A business in which the owner or members of his or her family work between the hours of 11 p.m. and 5 a.m.

History.—s. 3, ch. 90-346; s. 2, ch. 92-103; s. 1243, ch. 97-102; s. 20, ch. 2021-131.

Notes of Decisions

Cited in 12 cases, 1996–2019 · leading case: Dickerson v. State, 783 So. 2d 1144 (Fla. 5th DCA 2001).

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Dickerson v. State, 783 So. 2d 1144 (Fla. 5th DCA 2001). · cites it 7× “Section 812.171, Florida Statutes (1999), defines a "convenience business" thusly: As used in this act, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for…”

Royal v. State, 784 So. 2d 1210 (Fla. 5th DCA 2001). · cites it 8× “The point of departure for his argument is that the legislature chose not to use the commonly understood term, "convenience store", instead choosing the term "convenience business," and has defined that term only by reference to another statute, section 812.171, Florida Statutes…”

Larry v. State, 61 So. 3d 1205 (Fla. 5th DCA 2011). · cites it 2× “See § 812.171(3), Fla. Stat. (2010). Thus, in its case in chief, the State proved that the business where the drug transaction occurred was not a convenience business as defined by statute.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-05, 153 So. 3d 192 (Fla. 2014). · cites it 2× “§ 812.171 Fla. Stat. A “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2015-03, 191 So. 3d 291 (Fla. 2016). “§ 812.171,_ Fla. Stat. A “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.”

State v. Higdon, 814 So. 2d 1196 (Fla. 2d DCA 2002). · cites it 2× “The trial court subsequently reduced the conviction to possession of cannabis because the State failed to establish that the business where the offense took place was a “convenience business” as defined in section 812.171, Florida Statutes (1999).”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2016-09, 216 So. 3d 497 (Fla. 2017). · cites it 2× “§ 812.171, Fla. Stat. A “convenience business” means anyplace of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.”

Dickerson v. State, 783 So. 2d 1144 (Fla. 5th DCA 2001). · cites it 7× “Section 812.171, Florida Statutes (1999), defines a “convenience business” thusly: As used in this act, the term “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-12., 272 So. 3d 243 (Fla. 2019). · cites it 2× “§ 812.171, Fla. Stat. A "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.”

Baker v. State, 951 So. 2d 78 (Fla. 1st DCA 2007). · cites it 6× “Section 812.171, Florida Statutes (2005), defines a convenience business as follows: As used in this act, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for…”

In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-03 – Corrected Opinion (Fla. 2016). · cites it 2× “§ 812.171, Fla. Stat. A “convenience business” means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 p.”

Floval Oil Corp. v. Munoz, 679 So. 2d 286 (Fla. 3d DCA 1996). · cites it 2× “§ 812.171, Fla.Stat. (1993). Consequently, under the plaintiffs’ alternative theories of liability, the jury could not have lawfully found for the plaintiffs.”

— 812.171(3) — 1 case

Larry v. State, 61 So. 3d 1205 (Fla. 5th DCA 2011). “See § 812.171(3), Fla. Stat. (2010). Thus, in its case in chief, the State proved that the business where the drug transaction occurred was not a convenience business as defined by statute.”

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