Bill Text: FL S1090 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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       Florida Senate - 2024                             CS for SB 1090
       
       
        
       By the Committee on Rules; and Senator Martin
       
       
       
       
       
       595-03344-24                                          20241090c1
    1                        A bill to be entitled                      
    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; amending s. 893.138, F.S.; revising the
    6         activities that may be declared a public nuisance
    7         under local administrative actions to abate certain
    8         activities to include persons who commit the
    9         unlicensed or unlawful sale of alcoholic beverages
   10         more than a specified number of times within a
   11         specified period; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (2), (3), and (4) of section
   16  562.12, Florida Statutes, are redesignated as subsections (3),
   17  (4), and (5), respectively, a new subsection (2) is added to
   18  that section, and subsection (1) of that section is amended, to
   19  read:
   20         562.12 Beverages sold with improper license, or without
   21  license or registration, or held with intent to sell
   22  prohibited.—
   23         (1)(a) It is unlawful for any person to sell alcoholic
   24  beverages without a license, and it is unlawful for any licensee
   25  to sell alcoholic beverages except as permitted by her or his
   26  license, or to sell such beverages in any manner except that
   27  permitted by her or his license; and any licensee or other
   28  person who keeps or possesses alcoholic beverages not permitted
   29  to be sold by her or his license, or not permitted to be sold
   30  without a license, with intent to sell or dispose of same
   31  unlawfully, or who keeps and maintains a place where alcoholic
   32  beverages are sold unlawfully, commits is guilty of a felony of
   33  the third degree, punishable as provided in s. 775.082, s.
   34  775.083, or s. 775.084, and must pay a fine of not less than
   35  $5,000 and not more than $10,000 misdemeanor of the second
   36  degree, punishable as provided in s. 775.082 or s. 775.083.
   37         (b) Any person who unlawfully sells alcoholic beverages at
   38  a commercial establishment or keeps and maintains a place where
   39  alcoholic beverages are sold or intended to be sold unlawfully
   40  commits a felony of the third degree, punishable as provided in
   41  s. 775.082, s. 775.083, or s. 775.084, and must pay a fine of
   42  not less than $5,000 and not more than $10,000.
   43         (2) Any person who commits a second or subsequent violation
   44  of subsection (1) commits a felony of the second degree,
   45  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   46  and must pay a fine of not less than $15,000 and not more than
   47  $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.