The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1090
INTRODUCER: Rules Committee and Senator Martin
SUBJECT: Unauthorized Sale of Alcoholic Beverages
DATE: February 14, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Wyant Stokes CJ Favorable
3. Oxamendi Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1090 increases the criminal penalties for the unlicensed or unlawful sale of alcoholic
beverages under s. 562.12(1)(a), F.S., which prohibits the sale of alcoholic beverages without a
license or in a manner not permitted by the license and keeping and maintaining a place where
alcoholic beverages are sold unlawfully. The bill increases the penalty for a violation of this
provision from a second degree misdemeanor to a third degree felony, and payment of a fine of
not less than $5,000 and not more than $10,000.
The bill also creates s. 562.12(1)(b), F.S., to provide that any person who unlawfully sells
alcoholic beverages at a commercial establishment or keeps and maintains a place where
alcoholic beverages are sold or intended to be sold unlawfully commits a felony of the third
degree, and must pay a fine of not less than $5,000 and not more than $10,000.
Under current law, a felony of the third degree is punishable by a term of imprisonment not to
exceed five years and a fine not to exceed $5,000.
The bill provides that any person who commits a second or subsequent violation of s. 562.12(1),
F.S., commits a second degree felony,
1
with a fine of not less than $15,000 but not more than
1
Section 775.082, F.S., provides that a felony of the second degree is punishable by a term of imprisonment not exceeding 15
years. Section 775.083, F.S., provides that a felony of the second degree is punishable by a fine not exceeding $10,000.
REVISED: BILL: CS/SB 1090 Page 2
$20,000. Under current law a felony of the second degree is punishable by a term of
imprisonment not exceeding 15 years and a fine not exceeding $10,000.
The bill provides additional grounds for local nuisance abatement boards to declare a place or
premises a public nuisance. A place or premises may be declared a public nuisance, if used on
more than two occasions within a 12-month period, as the site of a violation of s. 562.12, F.S.,
relating to the unlicensed or unlawful sale of alcoholic beverages. Local nuisance abatement
boards are authorized to prohibit specified nuisances, including ordering the closure of any place
or premises that has been used as the site of certain specified nuisances, such as being the site of
repeated controlled substances criminal violations.
The bill takes effect July 1, 2024.
II. Present Situation:
Alcoholic Beverages
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation (DBPR) administers and enforces the Beverage Law, which
regulates the manufacture, distribution, and sale of wine, beer, and liquor. The division is also
responsible for the administration and enforcement of tobacco products under ch. 569, F.S.
Section 562.12(1), F.S., prohibits the sale of alcoholic beverages without a license issued by the
division. An alcoholic beverage licensee may only sell alcoholic beverages in the manner
permitted by her or his license. In addition, a licensee or other person who keeps or possesses
alcoholic beverages not permitted to be sold by her or his license, or not permitted to be sold
without a license, with intent to sell or dispose of same unlawfully, or any person who keeps and
maintains a place where alcoholic beverages are sold unlawfully, is guilty of a second degree
misdemeanor.
2
Section 562.12(2), F.S., provides that it is unlawful for any person to operate as an exporter
3
of
alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17, F.S.
A person who violates this prohibition is guilty of a misdemeanor of the second degree.
4
Section 561.01(4)(a), F.S., defines the term “alcoholic beverages” to mean distilled spirits and all
beverages containing one-half of 1 percent or more alcohol by volume.
Nuisance Abatement
Section 893.138, F.S., allows local governments to establish a nuisance abatement board to hear
public nuisance complaints. These boards may take various administrative actions to abate a
2
Section 775.082, F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not to
exceed 60 days. Section 775.083, F.S., provides that a misdemeanor of the second degree is punishable by a fine not to
exceed $500.
3
Section 561.01(16), F.S., defines an “exporter” as “any person that sells alcoholic beverages to persons for use outside the
state and includes a ship’s chandler and a duty-free shop.”
4
Section 561.17(4), F.S., requires persons to register with the division before engaging in the business of exporting alcoholic
beverages. BILL: CS/SB 1090 Page 3
violence-related, drug-related, prostitution-related, or stolen property-related public nuisance and
criminal gang activity, including a closure of the place or premises.
Under s. 893.138(5), F.S., a local administrative board created to address public nuisances may
order the owner of such place or premises to adopt appropriate procedures to abate a nuisance, or
enter an order immediately prohibiting:
Maintaining the nuisance;
Operating or maintaining the place or premises, including the closure or operation of the
place or premises; and
Conduct, operation, or maintenance of any business or activity on the premises which is
conducive to such nuisance.
Section 893.138(2), F.S., lists criminal activities which, if committed at any place or premises
during a specified period of time, may create a public nuisance. Such nuisance may be abated by
order of a nuisance abatement board. Those properties subject to nuisance abatement by the
board include any place or premises that has been used:
On more than two occasions within a 6-month period as the site of a violation of s. 796.07,
F.S., prohibiting prostitution;
On more than two occasions within a 6-month period as a site for the unlawful sale, delivery,
manufacture, or cultivation of a controlled substance;
On one occasion as the site of a felony involving the unlawful possession of a controlled
substance and that has been previously used as the site for the unlawful sale, delivery,
manufacture, or cultivation of a controlled substance;
By a criminal street gang for a pattern of criminal street gang activity, as defined in s. 874.03,
F.S.;
On more than two occasions within a 6-month period for a violation of s. 812.019, F.S.,
relating to stolen property;
On two or more occasions within a 6-month period, as the site of a violation of ch. 499, F.S.,
relating to the Florida Drug and Cosmetic Act; or
On more than two occasions within a 6-month period, as the site of a violation of any
combination of murder and other specified aggravated batteries.
Local governments may adopt an ordinance to:
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Impose additional penalties for public nuisances, including fines not to exceed $250 per day;
Require the payment of reasonable costs, including reasonable attorney fees associated with
investigations of and hearings on public nuisances;
Provide continuing jurisdiction for a period of one year over any place or premises that has
been or is declared to be a public nuisance;
Impose penalties, including fines not to exceed $500 per day for recurring public nuisances;
Require the recording of orders on public nuisances so that notice must be given to
subsequent purchasers, successors in interest, or assigns of the real property that is the
subject of the order;
Provide that recorded orders on public nuisances may become liens against the real property
that is the subject of the order; and
5
Section 893.138(11), F.S. BILL: CS/SB 1090 Page 4
Provide for the foreclosure of property subject to a lien and the recovery of all costs,
including reasonable attorney fees, associated with the recording of orders and foreclosure.
However a lien may not be created to foreclose on real property which is a homestead under
s. 4, Art. X of the State Constitution.
The nuisance abatement board may also bring a complaint under s. 60.05, F.S., seeking
temporary and permanent injunctive relief against any nuisance described in s. 893.138(2), F.S.
Section 60.05, F.S., also provides a process for an Attorney General, state attorney, city attorney,
county attorney, sheriff, or any citizen of the county to sue in the name of the state on his or her
relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of
the building or ground on which the nuisance exists. For other types of public nuisances such as
the disposal of dead animals, the abandonment of refrigerators and other appliances, and
abandoned or derelict vessels, ch. 823, F.S., provides penalties for the maintenance of those
nuisances.
III. Effect of Proposed Changes:
The bill increases the criminal penalties for the unlicensed or unlawful sale of alcoholic
beverages under s. 562.12(1)(a), F.S., which prohibits the sale of alcoholic beverages without a
license or in a manner not permitted by the license and keeping and maintaining a place where
alcoholic beverages are sold unlawfully. The bill increases the penalty for a violation of this
provision from a second degree misdemeanor to a third degree felony,
6
with a fine of not less
than $5,000 but not more than $10,000.
The bill also creates s. 562.12(1)(b), F.S., to provide that any person who unlawfully sells
alcoholic beverages at a commercial establishment or keeps and maintains a place where
alcoholic beverages are sold or intended to be sold unlawfully commits a felony of the third
degree, and payment of a fine of not less than $5,000 and not more than $10,000.
The bill provides that any person who commits a second or subsequent violation of s. 562.12(1),
F.S., commits a second degree felony,
7
with a fine of not less than $15,000 but not more than
$20,000.
The bill amends s. 893.138(2), F.S., to provide that a place or premises may be declared a public
nuisance, if used on more than two occasions within a 12-month period, as the site of a violation
of s. 562.12, F.S., relating to the unlicensed or unlawful sale of alcoholic beverages.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
6
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
7
Section 775.082, F.S., provides that a felony of the second degree is punishable by a term of imprisonment not exceeding 15
years. Section 775.083, F.S., provides that a felony of the second degree is punishable by a fine not exceeding $10,000. BILL: CS/SB 1090 Page 5
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Representatives from the Orange County Sheriff indicated that many after-hours clubs and
hookah lounges serve alcoholic beverages without a liquor license and that the current penalty of
a second degree misdemeanor has had little deterrent effect.
8
Persons consume alcohol all night
long and shootings and other crimes have been committed at these establishments.
9
The bill increases the criminal penalties for the unlicensed or unlawful sale of alcoholic
beverages under s. 562.12(1)(a), F.S., which prohibits keeping and maintaining a place where
alcoholic beverages are sold unlawfully. The bill increases the penalty for a violation of this
8
See Orange County Sheriff calls for legislative changes to combat illegal alcohol sales, Orlando Spectrum News13,
(Oct. 31, 2023), available at: https://mynews13.com/fl/orlando/news/2023/10/31/orange-county-sheriff-calls-for-legislative-
changes-to-combat-illegal-alcohol-sales (last visited February 2, 2024).
9
Id. BILL: CS/SB 1090 Page 6
provision from a second degree misdemeanor to a third degree felony,
10
with a fine of not less
than $5,000 but not more than $10,000. However, the bill also creates s. 562.12(1)(b), F.S., to
provide that any person who unlawfully sells alcoholic beverages at a commercial establishment
or keeps and maintains a place where alcoholic beverages are sold or intended to be sold
unlawfully commits a felony of the third degree, and must pay a fine of not less than $5,000 and
not more than $10,000. These two criminal violations are substantially similar and the term
“commercial establishment” is not defined.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 562.12 and 893.138.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules on February 14, 2024:
The committee substitute:
Provides that any person who unlawfully sells alcoholic beverages at a commercial
establishment or keeps and maintains a place where alcoholic beverages are sold or
intended to be sold unlawfully commits a felony of the third degree, and must pay a
fine.
Increases from a 6-month period to a 12-month period the period during which a local
government may declare a place of business a public nuisance if there are two or
more violations of s. 562.12, F.S., at the location.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
10
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.