CopyCited 6 times | Published | Florida 1st District Court of Appeal
...(1981), for forfeiture of alcoholic beverages allegedly used or to be used unlawfully on the premises of "Saul's Elks Club" in Jasper, where the beverages were seized. The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by that statute, upon his acquittal or discharge of the offense charged....
...and article" seized, in that the state seized the liquor by warrant on June 30, 1982, but did not begin civil forfeiture proceedings until January 4, 1983. We reverse the circuit court's judgment and reinstate the civil forfeiture proceedings. Under section 562.12 it is a second degree misdemeanor to sell alcoholic beverages without a license or, if one is a licensee, to sell in a manner not permitted by the license; or to possess nonsaleable alcoholic beverages with intent to sell them....
...On June 30, 1982, law enforcement officers searched the premises of "Saul's Elks Club" pursuant to a warrant, and there seized the alcoholic beverages that are the subject of this case. A felony information was then filed against appellee Cobb in the circuit court of Hamilton County, alleging section 562.12 misdemeanors committed on June 30, 1982, and Cobb's prior conviction of another similar offense....
...d article,... was being used in violation of the provisions of such law. The final order of forfeiture by the court shall perfect the state's right and interest in and title to such property and shall relate back to the date of seizure. Referring to section 562.12 and its joint provision for criminal prosecution and for forfeiture of seized alcoholic contraband, the circuit court stated: [I]t can readily be seen that the provisions for disposing of alcoholic beverages which have been seized unde...
...hich is used as delineated in the Information filed against the Defendant. Once the State chose to file an Information against the Defendant under Chapter 562 the State is bound to follow the *67 provisions of Chapter 562 regarding forfeiture. Under section 562.12 the forfeiture does not take effect until and unless there is a conviction of the person arrested for the violation....
...ure proceeding." City of Tallahassee v. One Yellow 1979 Fiat, etc.,
414 So.2d 1100, 1102 (Fla. 1st DCA 1982). State v. Dubose,
152 Fla. 304,
11 So.2d 477 (1943) concludes that potential issue. The circuit court's order suggests that the enactment of
562.12, within a chapter entitled "Beverage Law: Enforcement," displaced to that extent the forfeiture processes of
932.701, and exempted contraband alcohol from forfeiture under the omnibus civil statute....
...ws of the state." Sec.
932.701(2)(c). To imply such a repealing or exempting purpose would make a criminal prosecution the only method of reaching such contraband. Authorized civil proceedings against contraband alcohol were thus not deauthorized by
562.12, and the acquittal or other discharge of a person criminally charged under
562.12 does not preclude civil proceedings....
...One 1970 Ford Pickup,
564 F.2d 864, 866 (9th Cir.1977). Here the reasonableness of the six-month delay hinges upon its purpose, which was plainly that in those six months appellee Cobb was being criminally prosecuted and the seized goods were held in compliance with the requirement of section
562.12(2) that the arresting officer "safely keep and preserve the same and have it forthcoming at any investigation, prosecution, or other proceeding for the violation of this section and for the destruction of the same as provided herein."...
...See Thirteen (13) Machine Guns and One (1) Silencer, supra,
689 F.2d at 864. Given the delay in this case of only six months, most of which were consumed by a truncated criminal prosecution in which the seized liquor was held pursuant to the requirements of section
562.12(2), we find no failure to "promptly proceed" such as would preclude civil forfeiture proceedings which were begun immediately upon the termination of the prosecution....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...COWART, J., concurs specially with opinion. COWART, Judge, concurring specially: Appellant, Judy Hedges, not having a license, sold alcoholic beverages to an undercover agent and was duly convicted and punished for selling alcoholic beverages without a license, a misdemeanor violation of section 562.12, Florida Statutes (1981)....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24072
...(1981), for forfeiture of alcoholic beverages allegedly used or to be used unlawfully on the premises of “Saul’s Elks Club” in Jasper, where the beverages were seized. The court ruled that by electing to prosecute Saul Cobb for a liquor misdemeanor under section 562.12, and by holding the alleged contraband for eventual disposition as provided in that statute, the state was bound to return the goods to the owner Cobb, as necessarily implied by that statute, upon his acquittal or discharge of the offense charged....
...article” seized, in that the state seized the liquor by warrant on June 30, 1982, but did not begin civil forfeiture proceedings until January 4, 1983. We reverse the circuit court’s judgment and reinstate the civil forfeiture proceedings. Under section 562.12 it is a second degree misdemeanor to sell alcoholic beverages without a license or, if one is a licensee, to sell in a manner not permitted by the license; or to possess nonsaleable alcoholic beverages with intent to sell them....
...On June 30, 1982, law enforcement officers searched the premises of “Saul’s Elks Club” pursuant to a warrant, and there seized the alcoholic beverages that are the subject of this case. A felony information was then filed against appellee Cobb in the circuit court of Hamilton County, alleging section 562.12 misdemeanors committed on June 30, 1982, and Cobb’s prior conviction of another similar offense....
...rticle, ... was being used in violation of the provisions of such law. The final order of forfeiture by the court shall perfect the state’s right and interest in and title to such property and shall relate back to the date of seizure. Referring to section 562.12 and its joint provision for criminal prosecution and for forfeiture of seized alcoholic contraband, the circuit court stated: [I]t can readily be seen that the provisions for disposing of alcoholic beverages which have been seized unde...
...hich is used as delineated in the Information filed against the Defendant. Once the State chose to file an Information against the Defendant under Chapter 562 the State is bound to follow the *67 provisions of Chapter 562 regarding forfeiture. Under section 562.12 the forfeiture does not take effect until and unless there is a conviction of the person arrested for the violation....
...in the companion criminal case is relevant to the civil forfeiture proceeding.” City of Tallahassee v. One Yellow 1979 Fiat, etc.,
414 So.2d 1100, 1102 (Fla. 1st DCA 1982). State v. Dubose,
152 Fla. 304 ,
11 So.2d 477 (1943) concludes that potential issue. The circuit court’s order suggests that the enactment of
562.12, within a chapter entitled “Beverage Law: Enforcement,” displaced to that extent the forfeiture processes of
932.701, and exempted contraband alcohol from forfeiture under the omnibus civil statute....
...of the state.” Sec.
932.701(2)(c). To imply such a repealing or exempting purpose would make a criminal prosecution the only method of reaching such contraband. Authorized civil proceedings against contraband alcohol were thus not deauthor-ized by
562.12, and the acquittal or other discharge of a person criminally charged under
562.12 does not preclude civil proceedings....
...See Thirteen (13) Machine Guns and One (1) Silencer, supra,
689 F.2d at 864. Given the delay in this case of only six months, most oí which were consumed by a truncated criminal prosecution in which the seized liquor was held pursuant to the requirements of section
562.12(2), we find no failuré to “promptly proceed” such as would preclude civil forfeiture proceedings which were begun immediately upon the termination of the prosecution....
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13549
WENTWORTH, Judge. Appellant was charged with two counts of selling alcoholic beverages without a license, and two counts of maintaining a place where alcohol was sold without a license in violation of § 562.12....
...The caption of the amended information stated that the charges against appellant were felonies, 1 and the factual allegations for each count were that appellant, “having previously been convicted of a violation of the Beverage Law of the State of Florida,” violated § 562.12....
...SALE OF ALCOHOLIC BEVERAGES WITHOUT A LICENSE (FELONY) II.MAINTAINING A PLACE WHERE ALCOHOLIC BEVERAGES ARE SOLD WITHOUT A LICENSE (FELONY) III. SALE OF ALCOHOLIC BEVERAGES WITHOUT A LICENSE (FELONY) IV. MAINTAINING A PLACE WHERE ALCOHOLIC BEVERAGES ARE SOLD WITHOUT A LICENSE (FELONY) . Section 562.12(1) provides: 562.12 Beverages sold with improper license, or without license, or held with intent to sell prohibited.— (1) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverag...
