Florida Statutes
Chapter 562 - Beverage Law: Enforcement
562.41 - Searches; Penalty.


(1) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may make searches of persons, places, and conveyances of any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions of the Beverage Law are being violated.
(2) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may enter in the daytime any building or place where any beverages subject to tax under the Beverage Law or which would be subject to tax thereunder if such beverages were manufactured in or brought into this state in accordance with the regulatory provisions thereof, or any alcoholic beverages, are manufactured, produced, or kept, so far as may be necessary, for the purpose of examining said beverages. When such premises are open at night, such officers may enter them while so open, in the performance of their official duties.
(3) Any owner of such premises or person having the agency, superintendency, or possession of same, who refuses to admit such officer or to suffer her or him to examine such beverages, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who shall forcibly obstruct or hinder the director, any division employee, any sheriff, any deputy sheriff, or any police officer in the execution of any power or authority vested in her or him by law, or who shall forcibly rescue or cause to be rescued any property if the same shall have been seized by such officer, or shall attempt or endeavor to do so, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Licensees, by the acceptance of their license, agree that their places of business shall always be subject to be inspected and searched without search warrants by the authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or at any other time such premises are occupied by the licensee or other persons.
History.—s. 15, ch. 19301, 1939; CGL 1940 Supp. 4151(271x), 7648(28), (29); ss. 1, 2, ch. 57-327; ss. 16, 35, ch. 69-106; s. 572, ch. 71-136; s. 2, ch. 72-230; s. 28, ch. 79-11; s. 6, ch. 86-269; s. 868, ch. 97-103.

Structure Florida Statutes

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.

562.11 - Selling, Giving, or Serving Alcoholic Beverages to Person Under Age 21; Providing a Proper Name; Misrepresenting or Misstating Age or Age of Another to Induce Licensee to Serve Alcoholic Beverages to Person Under 21; Penalties.

562.111 - Possession of Alcoholic Beverages by Persons Under Age 21 Prohibited.

562.112 - Alcohol-Related or Drug-Related Overdoses; Medical Assistance; Immunity From Arrest, Charge, Prosecution, and Penalization.

562.12 - Beverages Sold With Improper License, or Without License or Registration, or Held With Intent to Sell 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.

562.14 - Regulating the Time for Sale of Alcoholic and Intoxicating Beverages; Prohibiting Use of Licensed Premises.

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.

562.38 - Report of Seizures.

562.408 - Exercise of Police Power.

562.41 - Searches; Penalty.

562.42 - Destruction of Forfeited Property.

562.44 - Donation of Forfeited Beverages or Raw Materials to State Institutions; Sale of Forfeited Beverages.

562.45 - Penalties for Violating Beverage Law; Local Ordinances; Prohibiting Regulation of Certain Activities or Business Transactions; Requiring Nondiscriminatory Treatment; Providing Exceptions.

562.451 - Moonshine Whiskey; Ownership, Possession, or Control Prohibited; Penalties; Rule of Evidence.

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.