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_IDSTATUTEVIOLATIONFIRST OCCURRENCESECOND OCCURRENCETHIRD OCCURRENCEFOURTH OCCURRENCE
1409.2598, 559.79(3)The licensee's failure to pay child support as determined by a court under section 409.2598, FSSuspension until compliance with court order
2210.06{3), 210.18Possession 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 taxRevocation and excise tax
3210.06(3), 210.18Possession of 500 or more packs of nontax paid cigarettesRevocation and excise tax
4210.15(1)(b)Purchasing cigarettes for purpose of resale from other than a licensed wholesale dealer$1,000$2,000Revocation
5210.65(2)·Purchasing other tobacco products for purpose of resale from other than a licensed wholesale dealer·$1,000$2,000Revocation
6Chapter 212Failure to timely pay required taxes to Department of RevenueCorrective 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 planRevocation
7409.327Pattern of FraudRevocation
8561.14(3)Purchasing or acquiring alcoholic beverages for the purpose of resale from other than a Florida licensed distributor$1,000$2,000Revocation
9561.5(3) and 561.29(f) and (g)Licensee not qualified to be issued an alcoholic beverage licenseRevocation
10561.01(1), 561.17, 561.33 and 569.003Failing to file required application$500$1,000Revocation
11561.20Failure 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
12561.20(6)Having an interest in more than 30% percent of the quota licenses in one countyRevocation of all licenses exceeding the 30 percentage cap
13561.22(1)Manufacturer of alcoholic beverage, having an interest in vendor's business or a vendor having an interest in a manufacturer's businessRevocation
14561.24(1}-{8)Spirituous liquor manufacturers having an interest in a distributor's or exporter's businessRevocation
15561.29(l)(c)Maintaining a nuisance on the licensed premisesRevocation
16561.29(l)(d)Maintaining a premises that is unsanitaryRevocation
17561.29(1) (h)-(i)Failing to operate license the minimum required timeRevocation
18561.29(1)(j)Failure to maintain and produce records of monthly sales and purchases of alcoholic beveragesRevocation
19561.32(4)Unlawful transfer of ownership of quota licenseRevocation
20561.38Bond cancellation selling alcoholic beverages during time bond is not effectiveRevocation
21561.42(1)Manufacturer or distributor of alcoholic beverage having indirect or direct financial interest in vendorRevocation
22561.42(1)-(8)Manufacturer or distributor unlawfully giving gifts, loans of money or property, rebates, or extensions of credit$1,000$2,000$4,000Revocation
23561.42(1)-(8)Vendor accepting unlawful gifts, loan of money or property, rebate, or extension of credit$1,000$2,000$4,000Revocation
24561.50(1)Late excise tax payment or reportCorrective action$250$500Revocation
25561.501Late surcharge payments or reportsCorrective 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 mitigationRevocation 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
26561.55Failure to maintain required recordsRevocation
27561.665·Exploiting persons with dwarfism$1,000$2,000$4,000Revocation
28562.01Possession of one gallon or less of untaxed alcoholic beverages$500 and excise tax$1,000 and excise tax$2,000 and excise taxRevocation and excise tax
29562.01Possessing more than one gallon of untaxed alcoholic beverages$1,000 and excise tax$2,000 and excise tax$4,000 and excise taxRevocation and excise tax
30562.02Possession of beverages not permitted to be sold under license$1,000$2,000$4,000Revocation
31562.06Sale off the licensed premises$500$1,000$2,000Revocation
32562.061Misrepresentation of alcoholic beverages$1,000 and a 20-day license suspensionRevocation
33562.11Sale, 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 suspensionRevocation
34562.12Selling 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$2,000Revocation
35562.13Employment of restricted persons$500$1,000$2,000Revocation
36562.131Soliciting beverages$1,000.and a 10-day license suspension$2,000 and a 20-day license suspension$4,000 and a 30-day license suspensionRevocation
37562.20failure to file timely reportscorrective action$250$500Revocation
38562.23conspiracy to violate the Beverage Law$1,000Revocation
39562.25(1)Failure to obtain bonded warehouse permit$1,000Revocation
40562.26Unlawful delivery by l:)onded warehouse operator$1,000 and excise taxes dueRevocation
41562.32Moving or concealing alcoholic beverages to evade taxesRevocation and excise taxes due
42562.41(3)Refusing to admit authorized law enforcement officers or division employees to premises$1,000Revocation
43562.41(4)Forcefully obstructing a division employee or law enforcement officer$1,000 and a 30-day suspensionRevocation
44562.45False entry into required recordsRevocation, taxes, and penalties due
45562.451Possession of moonshineRevocation and excise taxes due
46562.454Selling or serving alcoholic beverages after noticer to close during riotRevocation
47562.455Adulterating liquorRevocation
48562.60furnishing alcoholic beverages after·notice to persons habitually addicted$1,000 and 7-day suspension$2,000 and 30-day·suspensionRevocation
49562.61Discrimination in service of alcoholic beverages$1,000$2,000 and a 20-day license suspension$4,000 and a 30-day license suspensionRevocation
50563.021(1)Selling malt beverages outside exclusive sale a territories$1,000$2,000$4,000Revocation
51563.03Vendor serving draft beer without correct tap$1,000$2,000$4,000Revocation
52563.045Failure to register malt beverage brands or pay annual fee$100 per brand$200 per brand$400 per brandRevocation
53563.06selling malt beverages in unlawful container sizes or without "FL" stamp$1,000$2,000$4,000Revocation
54564.041Failure to register wine brands or pay annual fee$100 per brand$200 per brand$400 per brandRevocation
55564.045Primary American Source violation$1,000$2,000$4,000Revocation
56564.05Selling wine in unlawful container sizes$1,000$2,000$3,000Revocation
57565.02(1)(g)Failure to pay license tax on more than three rooms with bars$1,000$2,000$4,000Revocation
58565.07Sale or possession of distilled spirits greater than 153 proof$1,000$2,000$4,000Revocation
59565.09Failure to register spirituous liquor brands or pay registration fee$100 per brand$200 per brand$400 per brandRevocation
60565.095Primary American Source violations$1,000$2,000$4,000Revocation
61565.10Selling spirituous beverages in unlawful container sizes$1,000$2,000$4,000Revocation
62832.05Worthless checkNo future personal checks to the division for 3 years20-day suspension and no future personal checks to the divisionRevocation
63Chapter 837PerjuryRevocation
64559.791False information on applicationRevocation
65Chapter 849Unlawful 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 participantsRevocation
66859.06Selling cigarettes or tobacco products to persons under 18$500$1,000$2,000 and a 20-day license suspension of cigarette permitRevocation
67Chapter 893Controlled substances' violationsRevocation
68VariousAny felony not specfically listd in the above tableRevocation
69VariousAny misdemieanor not specficically listed in the above table$250$500$1,000Revocation
70VariousAny noncriminal violation not specifically mentioned in the above table$250$500$1,000Revocation
STATUTEVIOLATIONFIRST OCCURRENCESECOND OCCURRENCETHIRD OCCURRENCEFOURTH OCCURRENCE

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