Bill Text: FL S1090 | 2024 | Regular Session | Enrolled

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Bill Title: Unauthorized Sale of Alcoholic Beverages

Spectrum: Bipartisan Bill

Status: (Passed) 2024-04-12 - Chapter No. 2024-77 [S1090 Detail]

Download: Florida-2024-S1090-Enrolled.html

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       ENROLLED
       2024 Legislature                   CS for SB 1090, 1st Engrossed
       
       
       
       
       
       
                                                             20241090er
    1  
    2         An act relating to the unauthorized sale of alcoholic
    3         beverages; amending s. 562.12, F.S.; revising the
    4         punishment for the unlawful sale of alcoholic
    5         beverages; making a technical change; amending s.
    6         893.138, F.S.; revising the activities that may be
    7         declared a public nuisance under local administrative
    8         actions to abate certain activities to include persons
    9         who commit the unlicensed or unlawful sale of
   10         alcoholic beverages more than a specified number of
   11         times within a specified period; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (2), (3), and (4) of section
   17  562.12, Florida Statutes, are redesignated as subsections (3),
   18  (4), and (5), respectively, a new subsection (2) is added to
   19  that section, and subsection (1) of that section is amended, to
   20  read:
   21         562.12 Beverages sold with improper license, or without
   22  license or registration, or held with intent to sell
   23  prohibited.—
   24         (1)(a) It is unlawful for any person to sell alcoholic
   25  beverages without a license, and it is unlawful for any licensee
   26  to sell alcoholic beverages except as permitted by her or his
   27  license, or to sell such beverages in any manner except that
   28  permitted by her or his license; and any licensee or other
   29  person who keeps or possesses alcoholic beverages not permitted
   30  to be sold by her or his license, or not permitted to be sold
   31  without a license, with intent to sell or dispose of same
   32  unlawfully, commits or who keeps and maintains a place where
   33  alcoholic beverages are sold unlawfully, is guilty of a
   34  misdemeanor of the second degree, punishable as provided in s.
   35  775.082 or s. 775.083.
   36         (b) Any person, including a licensee, who unlawfully sells
   37  alcoholic beverages at a commercial establishment or keeps and
   38  maintains a place where alcoholic beverages are sold or intended
   39  to be sold unlawfully commits a felony of the third degree,
   40  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   41  and must pay a fine of not less than $5,000 and not more than
   42  $10,000.
   43         (2) Any person, including a licensee, who commits a second
   44  or subsequent violation of subsection (1) commits a felony of
   45  the second degree, punishable as provided in s. 775.082, s.
   46  775.083, or s. 775.084, and must pay a fine of not less than
   47  $15,000 and not more than $20,000.
   48         Section 2. Subsection (2) of section 893.138, Florida
   49  Statutes, is amended to read:
   50         893.138 Local administrative action to abate certain
   51  activities declared public nuisances.—
   52         (2) Any place or premises that has been used:
   53         (a) On more than two occasions within a 6-month period, as
   54  the site of a violation of s. 796.07;
   55         (b) On more than two occasions within a 6-month period, as
   56  the site of the unlawful sale, delivery, manufacture, or
   57  cultivation of any controlled substance;
   58         (c) On one occasion as the site of the unlawful possession
   59  of a controlled substance, where such possession constitutes a
   60  felony and that has been previously used on more than one
   61  occasion as the site of the unlawful sale, delivery,
   62  manufacture, or cultivation of any controlled substance;
   63         (d) By a criminal gang for the purpose of conducting
   64  criminal gang activity as defined by s. 874.03;
   65         (e) On more than two occasions within a 6-month period, as
   66  the site of a violation of s. 812.019, relating to dealing in
   67  stolen property;
   68         (f) On two or more occasions within a 6-month period, as
   69  the site of a violation of chapter 499; or
   70         (g) On more than two occasions within a 6-month period, as
   71  the site of a violation of any combination of the following:
   72         1. Section 782.04, relating to murder;
   73         2. Section 782.051, relating to attempted felony murder;
   74         3. Section 784.045(1)(a)2., relating to aggravated battery
   75  with a deadly weapon; or
   76         4. Section 784.021(1)(a), relating to aggravated assault
   77  with a deadly weapon without intent to kill; or,
   78         (h) On more than two occasions within a 12-month period, as
   79  the site of a violation of s. 562.12, relating to the unlicensed
   80  or unlawful sale of alcoholic beverages,
   81  
   82  may be declared to be a public nuisance, and such nuisance may
   83  be abated pursuant to the procedures provided in this section.
   84         Section 3. This act shall take effect July 1, 2024.