(1) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverages except as permitted by her or his license, or to sell such beverages in any manner except that permitted by her or his license; and any licensee or other person who keeps or possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be sold without a license, with intent to sell or dispose of same unlawfully, or who keeps and maintains a place where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) It is unlawful for any person to operate as an exporter of alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Upon the arrest of any licensee or other person charged with a violation of this section, the arresting officer shall take into her or his custody all alcoholic beverages found in the possession, custody, or control of the person arrested or, in the case of a licensee, all alcoholic beverages not within the purview of her or his license, and safely keep and preserve the same and have it forthcoming at any investigation, prosecution, or other proceeding for the violation of this section and for the destruction of the same as provided herein. Upon the conviction of the person arrested for a violation of this section, the judge of the court trying the case, after notice to the person convicted and any other person whom 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, the division, or the authorized municipality a written order adjudging and declaring the alcoholic beverages forfeited and directing the sheriff, the division, or the authorized municipality to dispose of the alcoholic beverages as provided in s. 562.44 or s. 568.10.
History.—s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 1, ch. 28069, 1953; s. 1, ch. 61-218; ss. 16, 35, ch. 69-106; s. 564, ch. 71-136; s. 2, ch. 72-230; s. 20, ch. 79-11; s. 23, ch. 91-60; s. 860, ch. 97-103.
Structure Florida Statutes
Title XXXIV - Alcoholic Beverages and Tobacco
Chapter 562 - Beverage Law: Enforcement
562.01 - Possession of Untaxed Beverages.
562.02 - Possession of Beverage Not Permitted to Be Sold Under License.
562.025 - Possession of Beverages as Food Ingredients.
562.03 - Storage on Licensed Premises.
562.06 - Sale Only on Licensed Premises.
562.061 - Misrepresentation of Beverages Sold on Licensed Premises.
562.07 - Illegal Transportation of Beverages.
562.111 - Possession of Alcoholic Beverages by Persons Under Age 21 Prohibited.
562.121 - Operating Bottle Club Without License Prohibited.
562.13 - Employment of Minors or Certain Other Persons by Certain Vendors Prohibited; Exceptions.
562.131 - Solicitation for Sale of Alcoholic Beverage Prohibited; Penalty.
562.15 - Unlawful Possession; Unpaid Taxes.
562.16 - Possession of Beverages Upon Which Tax Is Unpaid.
562.165 - Production of Beer or Wine for Personal or Family Use; Exemption.
562.17 - Collection of Unpaid Beverage Taxes.
562.18 - Possession of Beverage Upon Which Federal Tax Unpaid.
562.20 - Monthly Reports by Common and Other Carriers of Beverages Required.
562.23 - Conspiracy to Violate Beverage Law; Penalty.
562.24 - Administration of Oaths by Director or Authorized Employees.
562.25 - State Bonded Warehouses.
562.26 - Delivering Beverage on Which Tax Unpaid.
562.27 - Seizure and Forfeiture.
562.28 - Possession of Beverages in Fraud of Beverage Law.
562.29 - Raw Materials and Personal Property; Seizure and Forfeiture.
562.30 - Possession of Beverage Prima Facie Evidence; Exception.
562.31 - Possession of Raw Materials Prima Facie Evidence; Exception.
562.32 - Moving or Concealing Beverage With Intent to Defraud State of Tax; Penalty.
562.33 - Beverage and Personal Property; Seizure and Forfeiture.
562.34 - Containers; Seizure and Forfeiture.
562.35 - Conveyance; Seizure and Forfeiture.
562.36 - Beverage on Conveyance Prima Facie Evidence; Proviso.
562.408 - Exercise of Police Power.
562.42 - Destruction of Forfeited Property.
562.452 - Curb Service of Intoxicating Liquor Prohibited.
562.453 - Curb Drinking of Intoxicating Liquor Prohibited.
562.454 - Vendors to Be Closed in Time of Riot.
562.455 - Adulterating Liquor; Penalty.
562.46 - Legal Remedies Not Impaired.
562.47 - Rules of Evidence; Beverage Law.
562.48 - Minors Patronizing, Visiting, or Loitering in a Dance Hall.
562.50 - Habitual Drunkards; Furnishing Intoxicants To, After Notice.
562.51 - Retail Alcoholic Beverage Establishments; Rights as Private Enterprise.
562.61 - Sale, Offer for Sale, Purchase, or Use of Alcohol Vaporizing Devices Prohibited.