Manufacturing, distributing, and selling alcoholic beverage products are regulated by both federal and state laws and regulations. In Florida, state laws and regulations are enforced by the Florida Division of Alcoholic Beverages and Tobacco (ABT), a division of the Florida Department of Business and Professional Regulations.
The ABT has the legal authority to discipline business and organizations that are issued alcoholic beverage licenses, permits and brand registrations. Discipline may take the forming of warnings, corrective action, civil penalties, license suspensions and revocations, reimbursement of costs, and forfeiture of money and property.
Do you have any questions about the Florida Beverage Law penalty guidelines? Contact us at contact@brewerlong.com to schedule a consultation with a beverage attorney.
Penalty Guidelines under Florida Administrative Code 61A-2.022
In 1994, the ABT issued penalty guidelines concerning single and repeated violations of the Florida Beverage Law. While these penalty guidelines have not been updated to reflect all changes to the law since 1994, it is a helpful guide to the ABT’s disciplinary actions.
The penalty guidelines are contained in Florida Administrative Code 61A-2.022, which includes general application rules followed by an itemized table. Key among the general application rules are:
- Guideline penalties are based upon a single violation which (a) the licensee committed or knew about; or (b) a pattern of at least three violations on different dates within a 12-week period by employees, independent contractors, agents, or patrons on the licensed premises or in the scope of employment in which the licensee did not participate; or (c) violations which were occurring in an open an notorious manner on the licensed premises.
- Penalties for repetitive unlawful conduct will be based on the same violations occurring within 36 months of the date of the first administrative proceeding note.
- Requests for lower penalties than the guidelines provide must be approved by the ABT director and must include a written statement of mitigation in addition to a statement of correction and prevention plan.
Searchable Penalties Guidelines Table
Official notice of Rule 61A-2.022 is available for download as a Word document on the Florida Department of State website. However, the document does not include a searchable version of the penalties guidelines table. The following table is a searchable reproduction of the table embedded in the official rule.
Florida Beverage Law Penalty Guidelines from Florida Administrative Code 61A-2.022
| wdt_ID | STATUTE | VIOLATION | FIRST OCCURRENCE | SECOND OCCURRENCE | THIRD OCCURRENCE | FOURTH OCCURRENCE |
|---|---|---|---|---|---|---|
| 1 | 409.2598, 559.79(3) | The licensee's failure to pay child support as determined by a court under section 409.2598, FS | Suspension until compliance with court order | |||
| 2 | 210.06{3), 210.18 | Possession of lees than 500 packs of nontax paid cigarettes for purpose of resale | $500 and excise tax | $1,000 and excise tax | $2,000 and excise tax | Revocation and excise tax |
| 3 | 210.06(3), 210.18 | Possession of 500 or more packs of nontax paid cigarettes | Revocation and excise tax | |||
| 4 | 210.15(1)(b) | Purchasing cigarettes for purpose of resale from other than a licensed wholesale dealer | $1,000 | $2,000 | Revocation | |
| 5 | 210.65(2) | ·Purchasing other tobacco products for purpose of resale from other than a licensed wholesale dealer· | $1,000 | $2,000 | Revocation | |
| 6 | Chapter 212 | Failure to timely pay required taxes to Department of Revenue | Corrective action and satisfaction of debt to DOR or approved payment plan | $250 and satisfaction of debt to DOR or approve payment plan | $500 and satisfaction of debt to DOR or approved payment plan | Revocation |
| 7 | 409.327 | Pattern of Fraud | Revocation | |||
| 8 | 561.14(3) | Purchasing or acquiring alcoholic beverages for the purpose of resale from other than a Florida licensed distributor | $1,000 | $2,000 | Revocation | |
| 9 | 561.5(3) and 561.29(f) and (g) | Licensee not qualified to be issued an alcoholic beverage license | Revocation | |||
| 10 | 561.01(1), 561.17, 561.33 and 569.003 | Failing to file required application | $500 | $1,000 | Revocation | |
| 11 | 561.20 | Failure to meet minimum qualifications of special license | $1,000 and revocation without prejudice to obtain any other type license, but with prejudice to obtain the same type of special license for 5 years. Note: For each 2 month period a special restaurant license failed to meet he required food percentage the | |||
| 12 | 561.20(6) | Having an interest in more than 30% percent of the quota licenses in one county | Revocation of all licenses exceeding the 30 percentage cap | |||
| 13 | 561.22(1) | Manufacturer of alcoholic beverage, having an interest in vendor's business or a vendor having an interest in a manufacturer's business | Revocation | |||
| 14 | 561.24(1}-{8) | Spirituous liquor manufacturers having an interest in a distributor's or exporter's business | Revocation | |||
| 15 | 561.29(l)(c) | Maintaining a nuisance on the licensed premises | Revocation | |||
| 16 | 561.29(l)(d) | Maintaining a premises that is unsanitary | Revocation | |||
| 17 | 561.29(1) (h)-(i) | Failing to operate license the minimum required time | Revocation | |||
| 18 | 561.29(1)(j) | Failure to maintain and produce records of monthly sales and purchases of alcoholic beverages | Revocation | |||
| 19 | 561.32(4) | Unlawful transfer of ownership of quota license | Revocation | |||
| 20 | 561.38 | Bond cancellation selling alcoholic beverages during time bond is not effective | Revocation | |||
| 21 | 561.42(1) | Manufacturer or distributor of alcoholic beverage having indirect or direct financial interest in vendor | Revocation | |||
| 22 | 561.42(1)-(8) | Manufacturer or distributor unlawfully giving gifts, loans of money or property, rebates, or extensions of credit | $1,000 | $2,000 | $4,000 | Revocation |
| 23 | 561.42(1)-(8) | Vendor accepting unlawful gifts, loan of money or property, rebate, or extension of credit | $1,000 | $2,000 | $4,000 | Revocation |
| 24 | 561.50(1) | Late excise tax payment or report | Corrective action | $250 | $500 | Revocation |
| 25 | 561.501 | Late surcharge payments or reports | Corrective action and 25 percent of total late surcharge principal payments if licensee is current with surcharge reports and payments, and did not willfully neglect compliance with surcharge law based on a written statement of mitigation | $250 and 30 percent of total late surcharge principal payments plus interest if licensee is current with surcharge reports and payments, and did not willfully neglect compliance with surcharge law based on a written statement of mitigation | $500 and 50 percent of total late surcharge principal payments plus interest if licensee is current with surcharge reports andpayments, and did not willfully neglect compliance with surcharge law based on a written statement of mitigation | Revocation and 50 percent of total late surcharge principal payments plus intere61t if licensee is current with surcharge reports and payments, and did not willfully neglect compliance with surcharge law based on a written statement of mitigation |
| 26 | 561.55 | Failure to maintain required records | Revocation | |||
| 27 | 561.665· | Exploiting persons with dwarfism | $1,000 | $2,000 | $4,000 | Revocation |
| 28 | 562.01 | Possession of one gallon or less of untaxed alcoholic beverages | $500 and excise tax | $1,000 and excise tax | $2,000 and excise tax | Revocation and excise tax |
| 29 | 562.01 | Possessing more than one gallon of untaxed alcoholic beverages | $1,000 and excise tax | $2,000 and excise tax | $4,000 and excise tax | Revocation and excise tax |
| 30 | 562.02 | Possession of beverages not permitted to be sold under license | $1,000 | $2,000 | $4,000 | Revocation |
| 31 | 562.06 | Sale off the licensed premises | $500 | $1,000 | $2,000 | Revocation |
| 32 | 562.061 | Misrepresentation of alcoholic beverages | $1,000 and a 20-day license suspension | Revocation | ||
| 33 | 562.11 | Sale, or giving or serving alcoholic beverage to persons under the age of 21 or allowing them to consume alcoholic beverages | $1,000 and a 7-day license suspension | $3,000 and a 30-day license suspension | Revocation | |
| 34 | 562.12 | Selling alcoholic beverages in a manner not permitted by license or with expired license | $500 or an. amount equal to the correct license fee, whichever is greater | $1,000 or an amount equal to the correct license fee, whichever is greater | $2,000 | Revocation |
| 35 | 562.13 | Employment of restricted persons | $500 | $1,000 | $2,000 | Revocation |
| 36 | 562.131 | Soliciting beverages | $1,000.and a 10-day license suspension | $2,000 and a 20-day license suspension | $4,000 and a 30-day license suspension | Revocation |
| 37 | 562.20 | failure to file timely reports | corrective action | $250 | $500 | Revocation |
| 38 | 562.23 | conspiracy to violate the Beverage Law | $1,000 | Revocation | ||
| 39 | 562.25(1) | Failure to obtain bonded warehouse permit | $1,000 | Revocation | ||
| 40 | 562.26 | Unlawful delivery by l:)onded warehouse operator | $1,000 and excise taxes due | Revocation | ||
| 41 | 562.32 | Moving or concealing alcoholic beverages to evade taxes | Revocation and excise taxes due | |||
| 42 | 562.41(3) | Refusing to admit authorized law enforcement officers or division employees to premises | $1,000 | Revocation | ||
| 43 | 562.41(4) | Forcefully obstructing a division employee or law enforcement officer | $1,000 and a 30-day suspension | Revocation | ||
| 44 | 562.45 | False entry into required records | Revocation, taxes, and penalties due | |||
| 45 | 562.451 | Possession of moonshine | Revocation and excise taxes due | |||
| 46 | 562.454 | Selling or serving alcoholic beverages after noticer to close during riot | Revocation | |||
| 47 | 562.455 | Adulterating liquor | Revocation | |||
| 48 | 562.60 | furnishing alcoholic beverages after·notice to persons habitually addicted | $1,000 and 7-day suspension | $2,000 and 30-day·suspension | Revocation | |
| 49 | 562.61 | Discrimination in service of alcoholic beverages | $1,000 | $2,000 and a 20-day license suspension | $4,000 and a 30-day license suspension | Revocation |
| 50 | 563.021(1) | Selling malt beverages outside exclusive sale a territories | $1,000 | $2,000 | $4,000 | Revocation |
| 51 | 563.03 | Vendor serving draft beer without correct tap | $1,000 | $2,000 | $4,000 | Revocation |
| 52 | 563.045 | Failure to register malt beverage brands or pay annual fee | $100 per brand | $200 per brand | $400 per brand | Revocation |
| 53 | 563.06 | selling malt beverages in unlawful container sizes or without "FL" stamp | $1,000 | $2,000 | $4,000 | Revocation |
| 54 | 564.041 | Failure to register wine brands or pay annual fee | $100 per brand | $200 per brand | $400 per brand | Revocation |
| 55 | 564.045 | Primary American Source violation | $1,000 | $2,000 | $4,000 | Revocation |
| 56 | 564.05 | Selling wine in unlawful container sizes | $1,000 | $2,000 | $3,000 | Revocation |
| 57 | 565.02(1)(g) | Failure to pay license tax on more than three rooms with bars | $1,000 | $2,000 | $4,000 | Revocation |
| 58 | 565.07 | Sale or possession of distilled spirits greater than 153 proof | $1,000 | $2,000 | $4,000 | Revocation |
| 59 | 565.09 | Failure to register spirituous liquor brands or pay registration fee | $100 per brand | $200 per brand | $400 per brand | Revocation |
| 60 | 565.095 | Primary American Source violations | $1,000 | $2,000 | $4,000 | Revocation |
| 61 | 565.10 | Selling spirituous beverages in unlawful container sizes | $1,000 | $2,000 | $4,000 | Revocation |
| 62 | 832.05 | Worthless check | No future personal checks to the division for 3 years | 20-day suspension and no future personal checks to the division | Revocation | |
| 63 | Chapter 837 | Perjury | Revocation | |||
| 64 | 559.791 | False information on application | Revocation | |||
| 65 | Chapter 849 | Unlawful gambling | $250 per type of unlawful game and forfeiture of all unlawful gross income received from participants | $500 per type of unlawful game and forfeiture of all unlawful gross income received from participants | $1,000 per type of unlawful game and forfeiture of all unlawful gross income received from participants | Revocation |
| 66 | 859.06 | Selling cigarettes or tobacco products to persons under 18 | $500 | $1,000 | $2,000 and a 20-day license suspension of cigarette permit | Revocation |
| 67 | Chapter 893 | Controlled substances' violations | Revocation | |||
| 68 | Various | Any felony not specfically listd in the above table | Revocation | |||
| 69 | Various | Any misdemieanor not specficically listed in the above table | $250 | $500 | $1,000 | Revocation |
| 70 | Various | Any noncriminal violation not specifically mentioned in the above table | $250 | $500 | $1,000 | Revocation |
| STATUTE | VIOLATION | FIRST OCCURRENCE | SECOND OCCURRENCE | THIRD OCCURRENCE | FOURTH OCCURRENCE |
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