Division of Alcoholic beverages and tobacco

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The Division of Alcoholic Beverages and Tobacco licenses the alcoholic beverage and tobacco industries, collects and audits taxes and fees paid by the licensees, and enforces the laws and regulation of the alcoholic beverage and tobacco industries, pursuant to Chapter 210, Chapters 561-565 and Chapters 567-569 of Florida Statutes. Florida has approximately 71,000 active alcoholic beverage and tobacco license holders. The division generates over $1.11 billion in license fees, taxes, fines, etc. With 351 employees, these responsibilities are carried out through three bureaus within the division: Licensing, Auditing and Enforcement.

Beverage Law Related to the Direct Shipment of Wine

Florida’s Beverage Law is contained in chapters 561, 562, 563, 564, 565, 567, and 568, Florida Statutes.  In 2005, a federal court held that it is unconstitutional for Florida to prohibit the direct shipment of wine by out-of-state wineries while at the same time authorizing the direct shipment of wine by in-state producers.  The remainder of the Florida Beverage Law, however, continues to apply to the sale of alcoholic beverages, including the direct shipment of wine by both in-state and out-of-state wineries.

The following paragraphs highlight several of those sections of law.  However, you should be aware that these paragraphs are not intended to provide you with an exhaustive summary of the Beverage Law.  You should refer to the statutes themselves, as well as the Department’s rules, in order to familiarize yourself with the entirety of Florida’s Beverage Law, including the full range of penalties for noncompliance. 

Florida’s Three-Tier Alcoholic Beverage Licensing Structure

Florida’s Beverage Law makes it a second degree misdemeanor to manufacture, bottle, distribute, sell, or in any way deal in alcoholic beverages without first obtaining a license from the State.  Section 562.12, Florida Statutes.

Florida’s three-tier system provides that licensees may only hold licenses within one tier of the system, either as a manufacturer, distributor, or vendor, although Florida law permits Florida wineries to hold a license in more than one tier.  Section 561.14, Florida Statutes, provides that manufacturers of alcoholic beverages must be licensed as manufacturers.  Distributors must be licensed and may purchase alcoholic beverages from manufacturers to sell to retail vendors only.  A retail vendor must be licensed and may sell alcoholic beverages to consumers 21 years of age or older.

Florida’s Beverage Law prohibits any person from holding a license at any tier if he or she “has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States ….”  Section 561.15, Florida Statutes.  That same prohibition applies to a corporation where any of its officers have been convicted of any of the offenses listed above.

General Prohibitions Regarding Selling or Serving Alcohol

Florida’s Beverage law provides that 'sale’ and ‘sell’ mean any transfer of an alcoholic beverage for consideration, any gift of an alcoholic beverage in connection with, or as a part of, a transfer of property other than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under the Beverage Law.”  Section 561.01, Florida Statutes.

Florida’s legal drinking age is 21, and Florida’s Beverage Law makes it “unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age ….”  Section 562.11, Florida Statutes.

It is illegal to sell alcoholic beverages without a license or, in the case of licensees, to sell alcoholic beverages except as permitted by his or her license.  Section 562.12, Florida Statutes.  It is also illegal to sell any intoxicating liquors, wines, or beer in any county that has voted against the sale of such beverages.  Section 568.02, Florida Statutes.

Prohibitions and Penalties for Failure to Comply with Florida’s Excise Tax

Florida’s Beverage Law prohibits the ownership, possession, purchase, sale, serving, distribution or storage of any alcoholic beverage within the State unless the required excise tax has been paid on the beverage.  Sections 562.01 and 562.15, Florida Statutes.

Florida’s Beverage Law provides a number of penalties for possession of alcoholic beverages on which no excise tax has been paid.  First, possession of any alcoholic beverage on which tax has not been paid constitutes prima facie evidence that the beverage is being manufactured, sold, removed or concealed with design to evade payment of the excise tax.  Section 562.30, Florida Statutes.  The only exceptions made are for:  licensed manufacturers or distributors, state bonded warehouses, and common carriers.

Second, in addition to any other fines and penalties, Florida’s Beverage Law imposes personal liability on any person or corporation in possession of any such alcoholic beverages.  Section 562.16, Florida Statutes.  The only exceptions made are for:  licensed manufacturers and distributors, state bonded warehouses, common carriers, and persons in possession of less than one gallon of such beverages as long as the beverages were purchased by that person outside of Florida in accordance with the laws of the place of purchase.

Finally, the willful violation of any provision of Florida’s Beverage Law concerning the excise tax constitutes a felony of the third degree.  Section 562.45, Florida Statutes.

Surcharge on Cigarettes and Other Tobacco Products

The 2009 Florida Legislature passed “Protecting Florida’s Health Act” which levies a surcharge on both cigarettes and tobacco products (other than cigars). Beginning July 1, 2009, the surcharge on cigarettes is at the rate of $1.00 per standard pack of 20 cigarettes, or 5 cents per cigarette. The surcharge on other tobacco products is 60% of the wholesale sales price. The surcharge on both cigarettes and tobacco products will be administered, collected, and enforced by the Division of Alcoholic Beverages and Tobacco (ABT) in the same manner as the excise taxes on these products. View additional information about the surcharge.

 

Cigarette Poster.

Florida statutes require that a stamp be placed on all cigarettes sold in Florida to evidence that the excise tax under section 210.02 and the surcharge under section 210.011 have been paid on those cigarettes.  The Division of Alcoholic Beverages and Tobacco has a toll-free number for reporting violations of this part.  Upon a determination that a violation has occurred, the informant who provided the information that led to the determination shall be paid a reward of up to 50 percent of the fine levied and paid under this section.

Each retail dealer must conspicuously display a notice in every location where cigarettes are sold.  This notice can be obtained by contacting the division at any location throughout Florida, or by downloading the notice and printing it on 8 ½ x 11 paper.  The cost of any notice obtained from the division will be $1.50 per sign.

You may download the cigarette poster here. Cigarette Poster

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2009 QUOTA APPLICATION is now closed effective 5:01 september 30, 2009

 

LIST OF AVAILABLE COUNITES

The division will accept Quota License Drawing Entry Forms for 45 days beginning the third Monday in August.  This year entry forms will be accepted from August 17, 2009 until 5:00 p.m. on September 30, 2009.  The division must receive all entry forms before this deadline.  No exceptions.  Mail the completed entry form, including payment (check or money order made payable to the division), to: DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Attention: Quota License Drawing, 1940 North Monroe Street, Tallahassee, Florida 32399-1021.

If your entry form is incomplete, you will receive a deficiency letter and will have fourteen (14) days from the date we mail the deficiency letter to correct your entry form.  The division must receive your corrected entry form prior to the fourteen (14) day deadline or your entry form will be denied.  We are unable to accept electronically file entry forms.  Since original signatures and the $100.00 fee are required, the entry form must be mailed to the address referenced above.

All interested persons should make inquiry by contacting their local Bureau of Licensing of the Division of Alcoholic Beverages & Tobacco or Bureau of Licensing, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, FL  32399-1021.

 

Electronic Fingerprinting by Applicants

 

Please see the current notice regarding the new requirements with regards to submission of fingerprints to the Division.

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Alcohol Prevention / Awareness Resources, News and Information

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SUDS: Stop Underage Drinking and Sales
To report any violations of state laws pertaining to alcohol or tobacco sales, please call toll free
1.866.540.SUDS (7837).

The Division of Alcoholic Beverages and Tobacco is currently seeking volunteer investigative aides. For more information regarding this program, see our Become an Investigative Aide brochure.