Division of Alcoholic beverages and tobacco

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. In Fiscal Year 04-05, the division generated over $1.13 billion in license fees, taxes, fines, etc. With over 372 employees, these responsibilities are carried out through three bureaus within the division: Licensing, Auditing and Enforcement.

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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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Beverage Law Related to the Direct Shipment of Wine

 

This website is provided for informational purposes only.  The Florida Legislature is considering legislation which may impact wine shipment into Florida.  For your convenience, a link to the web pages of the Florida House of Representatives (www.myfloridahouse.gov) and the Florida Senate (www.flsenate.gov) are provided so that you might be aware of pending legislation. You should contact your legislator for additional information.

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, Fla. Stat.

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, Fla. Stat.  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 “‘[s]ale’ 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, Fla. Stat.

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, Fla. Stat.

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, Fla. Stat.  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, Fla. Stat.

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, Fla. Stat.

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, Fla. Stat.  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, Fla. Stat.  The only exceptions made are for:  licensed manufacturers and distributors, state bonded warehouses, common carriers, and persons in possession of less than 1 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, Fla. Stat.

 

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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.