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Florida Statute 561.02 - Full Text and Legal Analysis
Florida Statute 561.02 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 561.02 Case Law from Google Scholar Google Search for Amendments to 561.02

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 561
BEVERAGE LAW: ADMINISTRATION
View Entire Chapter
561.02 Creation and duties of Division of Alcoholic Beverages and Tobacco.—There is created within the Department of Business and Professional Regulation the Division of Alcoholic Beverages and Tobacco, which shall supervise the conduct, management, and operation of the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages and shall enforce the provisions of the Beverage Law and the 1tobacco law and rules and regulations of the division in connection therewith. It is the express legislative intent that the state retain primary regulatory authority over the activities of licensees under the Beverage Law within the power of the state and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. However, none of the provisions of the Beverage Law shall apply to ethyl alcohol intended for use or used for the following purposes:
(1) Scientific, chemical, mechanical, industrial, or medicinal purposes;
(2) Patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical or industrial preparations, or products unfit for beverage purposes;
(3) Flavoring extracts and syrups, unfit for beverage purposes.
History.—s. 1, ch. 16774, 1935; CGL 1936 Supp. 4151(227); s. 1A, ch. 19301, 1939; s. 2, ch. 57-420; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 5, ch. 77-421; s. 212, ch. 94-218; s. 2, ch. 97-165.
1Note.—As enacted by s. 5, ch. 77-421. There is no provision designated as the “tobacco law” in the Florida Statutes.

F.S. 561.02 on Google Scholar

F.S. 561.02 on CourtListener

Amendments to 561.02


Annotations, Discussions, Cases:

Cases Citing Statute 561.02

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Bainbridge v. Bush, 148 F. Supp. 2d 1306 (M.D. Fla. 2001).

Cited 7 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 10317, 2001 WL 826642

...f the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages and shall enforce the provisions of the Beverage Law and the tobacco law and rules and regulations of the division in connection therewith. FLA. STAT. § 561.02....
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4245 CORP. v. Div. of Beverage, 371 So. 2d 1032 (Fla. 1st DCA 1978).

Cited 5 times | Published | Florida 1st District Court of Appeal

...atutes (1975), which provides: "(1) The division shall have full power and authority to make, adopt, amend or repeal rules, regulations, or administrative orders to carry out the purposes of the beverage law." The Division further cites as authority Section 561.02, Florida Statutes (1975), which provides, in pertinent part that the Division of Beverage shall: *1034 "......
...invalidity shall not affect the other provisions or application of the rule which can be given effect without the invalid provision or application and, to this end, provisions of this rule are severable. Specific Authority 561.11 FS. Law Implemented 561.02, 561.07, 561.08, 561.11, 561.29(1)(a) FS....
...ional rights may, like any overbroad statute, be judicially narrowed in application. See White v. State, 330 So.2d 3 (Fla. 1976). What the majority finds wanting is legislative authority for this kind of regulation. I find such authority in Sections 561.02 and 561.11, Florida Statutes (1977), quoted in the majority opinion, and more particularly in Section 561.29, which the majority opinion does not mention....
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Dept. of Child. & Fam. v. Brunner, 707 So. 2d 1197 (Fla. 1st DCA 1998).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1998 WL 161269

...after the division) for refunds of statutory fees paid, pursuant to section 561.19(5), Florida Statutes, for new alcoholic beverage licenses in Leon County. [1] *1198 The division is statutorily charged with the duty of enforcing this provision. See § 561.02, Fla....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...g when that information is contained in records required to be submitted to the division for licensing purposes? Question One The Division of Alcoholic Beverages and Tobacco is created within the Department of Business and Professional Regulation by section 561.02 , Florida Statutes....
...entity engaged in the performance of a commercial activity and when the division is assured that this information will only be used in the normal course of business for legitimate business purposes. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 561.02 , Fla....
...Land Sales, Condominiums, and Mobile Homes; Division of Hotels and Restaurants; Division of Pari-mutuel Wagering; Division of Professions; Division of Real Estate; Division of Regulation; and Division of Technology, Licensure, and Testing. 5 See ss 561.02 and 561.08 , Fla....
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Advisory Opinion to the Attorney Gen. Re: Adult Pers. Use of Marijuana (Fla. 2024).

Published | Supreme Court of Florida

...Currently, possession of trafficking amounts of cannabis (in excess of 25 pounds or 300 plants) is punishable as a first- degree felony with minimum mandatory sentences and fines, which increase depending on the amount. § 893.135(1), Fla. Stat. (2023). 20. See § 561.02, Fla....

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