Fla. Stat. 562.12
Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited


(1)(a)

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, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.Any person, including a licensee, who unlawfully sells alcoholic beverages at a commercial establishment or keeps and maintains a place where alcoholic beverages are sold or intended to be sold unlawfully commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of not less than $5,000 and not more than $10,000.

(1)(a)

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, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b)

Any person, including a licensee, who unlawfully sells alcoholic beverages at a commercial establishment or keeps and maintains a place where alcoholic beverages are sold or intended to be sold unlawfully commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of not less than $5,000 and not more than $10,000.

(2)

Any person, including a licensee, who commits a second or subsequent violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of not less than $15,000 and not more than $20,000.

(3)

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.

(4)

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.

Source: Section 562.12 — Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited, https://www.­flsenate.­gov/Laws/Statutes/2024/0562.­12 (accessed Aug. 7, 2025).

562.01
Possession of untaxed beverages
562.02
Possession of beverage not permitted to be sold under license
562.03
Storage on licensed premises
562.06
Sale only on licensed premises
562.07
Illegal transportation of beverages
562.11
Selling, giving, or serving alcoholic beverages to person under age 21
562.12
Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited
562.13
Employment of minors or certain other persons by certain vendors prohibited
562.14
Regulating the time for sale of alcoholic and intoxicating beverages
562.15
Unlawful possession
562.16
Possession of beverages upon which tax is unpaid
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
562.24
Administration of oaths by director or authorized employees
562.25
State bonded warehouses
562.025
Possession of beverages as food ingredients
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
562.30
Possession of beverage prima facie evidence
562.31
Possession of raw materials prima facie evidence
562.32
Moving or concealing beverage with intent to defraud state of tax
562.33
Beverage and personal property
562.34
Containers
562.35
Conveyance
562.36
Beverage on conveyance prima facie evidence
562.38
Report of seizures
562.41
Searches
562.42
Destruction of forfeited property
562.44
Donation of forfeited beverages or raw materials to state institutions
562.45
Penalties for violating Beverage Law
562.46
Legal remedies not impaired
562.47
Rules of evidence
562.48
Minors patronizing, visiting, or loitering in a dance hall
562.50
Habitual drunkards
562.51
Retail alcoholic beverage establishments
562.61
Sale, offer for sale, purchase, or use of alcohol vaporizing devices prohibited
562.061
Misrepresentation of beverages sold on licensed premises
562.111
Possession of alcoholic beverages by persons under age 21 prohibited
562.112
Alcohol-related or drug-related overdoses
562.121
Operating bottle club without license prohibited
562.131
Solicitation for sale of alcoholic beverage prohibited
562.165
Production of beer or wine for personal or family use
562.408
Exercise of police power
562.451
Moonshine whiskey
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

Current through Fall 2025

§ 562.12. Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited's source at flsenate​.gov