HB 1123 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to unlawful sale of alcoholic 2
beverages; amending s. 562.12, F.S.; revising upward 3
the penalties associated with selling alcoholic 4
beverages without a license; providing for additional 5
criminal penalties for subsequent violations; amending 6
s. 893.138, F.S.; specifying conditions under which 7
sites that have violated the prohibition on the 8
unlawful sale of alcoholic beverages may be declared a 9
public nuisance; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsections (2) and (3) of section 562.12, 14
Florida Statutes, are renumbered as subsections (3) and (4), 15
respectively, subsection (1) is amended, and a new subsection 16
(2) is added to that section, to read: 17
562.12 Beverages sold with improper license, or without 18
license or registration, or held with intent to sell 19
prohibited.— 20
(1) It is unlawful for any person to sell alcoholic 21
beverages without a license, and it is unlawful for any licensee 22
to sell alcoholic beverages except as permitted by her or his 23
license, or to sell such beverages in any manner except that 24
permitted by her or his license; and any licensee or other 25
HB 1123 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person who keeps or possesses alcoholic beverages not permitted 26
to be sold by her or his license, or not permitted to be sold 27
without a license, with intent to sell or dispose of same 28
unlawfully, or who keeps and maintains a place where alcoholic 29
beverages are sold unlaw fully, is guilty of a felony misdemeanor 30
of the third second degree, punishable as provided in s. 775.082 31
or s. 775.083 and shall pay a fine of not less than $5,000 and 32
not more than $10,000 . 33
(2) A person who commits a second or subsequent violation 34
of subsection (1) commits a felony of the second degree 35
punishable as provided in s. 775.082 or s. 775.083 and shall pay 36
a fine of not less than $15,000 and not more than $20,000. 37
Section 2. Paragraphs (f) and (g) of subsection (2) of 38
section 893.138, Flor ida Statutes are amended, and paragraph (h) 39
of subsection (2) is added to that section, to read: 40
893.138 Local administrative action to abate certain 41
activities declared public nuisances. — 42
(2) Any place or premises that has been used: 43
(f) On two or more occasions within a 6 -month period, as 44
the site of a violation of chapter 499; or 45
(g) On more than two occasions within a 6 -month period, as 46
the site of a violation of any combination of the following: 47
1. Section 782.04, relating to murder; 48
2. Section 782.051, relating to attempted felony murder; 49
3. Section 784.045(1)(a) 2., relating to aggravated battery 50
HB 1123 2024
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with a deadly weapon; or 51
4. Section 784.021(1)(a), relating to aggravated assault 52
with a deadly weapon without intent to kill ; or, 53
(h) On more than two occasions within a 6 -month period as 54
the site where a violation related to the unlawful sale of 55
alcoholic beverages under s. 562.12 occurred, 56
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may be declared to be a public nuisance, and such nuisance may 58
be abated pursuant to the procedures prov ided in this section. 59
Section 3. This act shall take effect July 1, 2024. 60