FL
Florida House Bill H1123

Florida 2024 Regular Session

Florida House Bill H1123 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to unlawful sale of alcoholic 2
16-beverages; amending s. 562.12, F.S.; prohibiting the 3
17-unlawful sale of alcoholic beverages at a commercial 4
18-establishment or the keeping or maintaining of a place 5
19-where alcoholic beverages are sold; providing criminal 6
20-penalties; amending s. 893.138, F.S.; specifying 7
21-conditions under which sites that have violated the 8
22-prohibition on the unlawful sale of alcoholic 9
23-beverages may be declared a public nuisance; providing 10
24-an effective date. 11
25- 12
26-Be It Enacted by the Legislature of the State of Florida: 13
27- 14
28- Section 1. Subsections (2) and (3) of section 562.12, 15
29-Florida Statutes, are renumbered as subsections (3) and (4) , 16
30-respectively, subsection (1) is amended, and a new subsection 17
31-(2) is added to that section, to read: 18
32- 562.12 Beverages sold with improper license, or without 19
33-license or registration, or held with intent to sell 20
34-prohibited.— 21
35- (1)(a) It is unlawful for a ny person to sell alcoholic 22
36-beverages without a license, and it is unlawful for any licensee 23
37-to sell alcoholic beverages except as permitted by her or his 24
38-license, or to sell such beverages in any manner except that 25
16+beverages; amending s. 562.12, F.S.; revising upward 3
17+the penalties associated with selling alcoholic 4
18+beverages without a license; providing for additional 5
19+criminal penalties for subsequent violations; amending 6
20+s. 893.138, F.S.; specifying conditions under which 7
21+sites that have violated the prohibition on the 8
22+unlawful sale of alcoholic beverages may be declared a 9
23+public nuisance; providing an effective date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
26+ 13
27+ Section 1. Subsections (2) and (3) of section 562.12, 14
28+Florida Statutes, are renumbered as subsections (3) and (4), 15
29+respectively, subsection (1) is amended, and a new subsection 16
30+(2) is added to that section, to read: 17
31+ 562.12 Beverages sold with improper license, or without 18
32+license or registration, or held with intent to sell 19
33+prohibited.— 20
34+ (1) It is unlawful for any person to sell alcoholic 21
35+beverages without a license, and it is unlawful for any licensee 22
36+to sell alcoholic beverages except as permitted by her or his 23
37+license, or to sell such beverages in any manner except that 24
38+permitted by her or his license; and any licensee or other 25
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4747 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
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51-permitted by her or his license; and any licensee or other 26
52-person who keeps or possesses alcoholic beverages not permitted 27
53-to be sold by her or his license, or not permitted to be sold 28
54-without a license, with intent to sell or dispose of same 29
55-unlawfully, commits or who keeps and maintains a plac e where 30
56-alcoholic beverages are sold unlawfully, is guilty of a 31
57-misdemeanor of the second degree, punishable as provided in s. 32
58-775.082 or s. 775.083. 33
59- (b) Any person, including a licensee, who unlawfully sells 34
60-alcoholic beverages at a commercial establish ment or who keeps 35
61-and maintains a place where alcoholic beverages are sold or 36
62-intended to be sold unlawfully commits a felony of the third 37
63-degree, punishable as provided in s. 775.082, s. 775.083, or s. 38
64-775.084, and must pay a fine of not less than $5,000 and not 39
65-more than $10,000. 40
66- (2) Any person, including a licensee, who commits a second 41
67-or subsequent violation of paragraph (1)(b) commits a felony of 42
68-the second degree, punishable as provided in s. 775.082, s. 43
69-775.083, or s. 775.084, and must pay a fine of not less than 44
70-$15,000 and not more than $20,000. 45
71- Section 2. Paragraphs (f) and (g) of subsection (2) of 46
72-section 893.138, Florida Statutes, are amended, and paragraph 47
73-(h) is added to that subsection, to read: 48
74- 893.138 Local administrative action to abate certain 49
75-activities declared public nuisances. — 50
51+person who keeps or possesses alcoholic beverages not permitted 26
52+to be sold by her or his license, or not permitted to be sold 27
53+without a license, with intent to sell or dispose of same 28
54+unlawfully, or who keeps and maintains a place where alcoholic 29
55+beverages are sold unlaw fully, is guilty of a felony misdemeanor 30
56+of the third second degree, punishable as provided in s. 775.082 31
57+or s. 775.083 and shall pay a fine of not less than $5,000 and 32
58+not more than $10,000 . 33
59+ (2) A person who commits a second or subsequent violation 34
60+of subsection (1) commits a felony of the second degree 35
61+punishable as provided in s. 775.082 or s. 775.083 and shall pay 36
62+a fine of not less than $15,000 and not more than $20,000. 37
63+ Section 2. Paragraphs (f) and (g) of subsection (2) of 38
64+section 893.138, Flor ida Statutes, are amended, and paragraph 39
65+(h) is added to that subsection, to read: 40
66+ 893.138 Local administrative action to abate certain 41
67+activities declared public nuisances. — 42
68+ (2) Any place or premises that has been used: 43
69+ (f) On two or more occasions w ithin a 6-month period, as 44
70+the site of a violation of chapter 499; or 45
71+ (g) On more than two occasions within a 6 -month period, as 46
72+the site of a violation of any combination of the following: 47
73+ 1. Section 782.04, relating to murder; 48
74+ 2. Section 782.051, rela ting to attempted felony murder; 49
75+ 3. Section 784.045(1)(a) 2., relating to aggravated battery 50
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8484 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
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88- (2) Any place or premises that has been used: 51
89- (f) On two or more occasions within a 6 -month period, as 52
90-the site of a violation of chapter 499; or 53
91- (g) On more than two occasions within a 6 -month period, as 54
92-the site of a violation of any combination of the following: 55
93- 1. Section 782.04, relating to murder; 56
94- 2. Section 782.051, relating to attempted felony murder; 57
95- 3. Section 784.045(1)(a) 2., relating to aggravated battery 58
96-with a deadly weapon; or 59
97- 4. Section 784.021(1)(a), relating to aggravated assault 60
98-with a deadly weapon without intent to kill ; or, 61
99- (h) On more than two occasions within a 12 -month period as 62
100-the site where a violation related to the unlawful sale of 63
101-alcoholic beverages under s. 562. 12 occurred, 64
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103-may be declared to be a public nuisance, and such nuisance may 66
104-be abated pursuant to the procedures provided in this section. 67
105- Section 3. This act shall take effect July 1, 2024. 68
88+with a deadly weapon; or 51
89+ 4. Section 784.021(1)(a), relating to aggravated assault 52
90+with a deadly weapon without intent to kill ; or, 53
91+ (h) On more than two occasions within a 12 -month period as 54
92+the site where a violation related to the unlawful sale of 55
93+alcoholic beverages under s. 562.12 occurred, 56
94+ 57
95+may be declared to be a public nuisance, and such nuisance may 58
96+be abated pursuant to the procedures provided in this section. 59
97+ Section 3. This act shall take effect July 1, 2024. 60