CS/CS/HB 1123 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1123-02-c2
Page 1 of 3
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.; prohibiting the 3
unlawful sale of alcoholic beverages at a commercial 4
establishment or the keeping or maintaining of a place 5
where alcoholic beverages are sold; providing criminal 6
penalties; amending s. 893.138, F.S.; specifying 7
conditions under which sites that have violated the 8
prohibition on the unlawful sale of alcoholic 9
beverages may be declared a public nuisance; providing 10
an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Subsections (2) and (3) of section 562.12, 15
Florida Statutes, are renumbered as subsections (3) and (4) , 16
respectively, subsection (1) is amended, and a new subsection 17
(2) is added to that section, to read: 18
562.12 Beverages sold with improper license, or without 19
license or registration, or held with intent to sell 20
prohibited.— 21
(1)(a) It is unlawful for a ny person to sell alcoholic 22
beverages without a license, and it is unlawful for any licensee 23
to sell alcoholic beverages except as permitted by her or his 24
license, or to sell such beverages in any manner except that 25
CS/CS/HB 1123 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1123-02-c2
Page 2 of 3
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
permitted by her or his license; and any licensee or other 26
person who keeps or possesses alcoholic beverages not permitted 27
to be sold by her or his license, or not permitted to be sold 28
without a license, with intent to sell or dispose of same 29
unlawfully, commits or who keeps and maintains a plac e where 30
alcoholic beverages are sold unlawfully, is guilty of a 31
misdemeanor of the second degree, punishable as provided in s. 32
775.082 or s. 775.083. 33
(b) Any person, including a licensee, who unlawfully sells 34
alcoholic beverages at a commercial establish ment or who keeps 35
and maintains a place where alcoholic beverages are sold or 36
intended to be sold unlawfully commits a felony of the third 37
degree, punishable as provided in s. 775.082, s. 775.083, or s. 38
775.084, and must pay a fine of not less than $5,000 and not 39
more than $10,000. 40
(2) Any person, including a licensee, who commits a second 41
or subsequent violation of paragraph (1)(b) commits a felony of 42
the second degree, punishable as provided in s. 775.082, s. 43
775.083, or s. 775.084, and must pay a fine of not less than 44
$15,000 and not more than $20,000. 45
Section 2. Paragraphs (f) and (g) of subsection (2) of 46
section 893.138, Florida Statutes, are amended, and paragraph 47
(h) is added to that subsection, to read: 48
893.138 Local administrative action to abate certain 49
activities declared public nuisances. — 50
CS/CS/HB 1123 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1123-02-c2
Page 3 of 3
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
(2) Any place or premises that has been used: 51
(f) On two or more occasions within a 6 -month period, as 52
the site of a violation of chapter 499; or 53
(g) On more than two occasions within a 6 -month period, as 54
the site of a violation of any combination of the following: 55
1. Section 782.04, relating to murder; 56
2. Section 782.051, relating to attempted felony murder; 57
3. Section 784.045(1)(a) 2., relating to aggravated battery 58
with a deadly weapon; or 59
4. Section 784.021(1)(a), relating to aggravated assault 60
with a deadly weapon without intent to kill ; or, 61
(h) On more than two occasions within a 12 -month period as 62
the site where a violation related to the unlawful sale of 63
alcoholic beverages under s. 562. 12 occurred, 64
65
may be declared to be a public nuisance, and such nuisance may 66
be abated pursuant to the procedures provided in this section. 67
Section 3. This act shall take effect July 1, 2024. 68