The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 564
WINE

View Entire Chapter

F.S. 564.02

564.02 License fees; vendors; manufacturers and distributors.—

(1) Each vendor authorized to sell brewed beverages containing malt, wines, and fortified wines shall pay an annual state license tax, as follows:

(a) Vendors operating places of business where beverages are sold only for consumption off the premises shall pay an amount equal to 50 percent of the amount of the license tax herein provided for vendors in the same county operating places of business where consumption on the premises is permitted.

(b) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, shall pay $280.

(c) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 75,000 and not over 100,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, shall pay $240.

(d) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 50,000 and less than 75,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, shall pay $200.

(e) Vendors operating places of business where consumption on the premises is permitted in counties having a population of over 25,000 and less than 50,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, shall pay $160.

(f) Vendors operating places of business where consumption on the premises is permitted in counties having a population of less than 25,000, according to the latest population estimate prepared pursuant to s. 186.901, for such county, shall pay $120.

(2) Each wine manufacturer authorized to do business under the Beverage Law shall pay an annual state license tax for each plant or branch he or she may operate, as follows:

(a) If engaged in the manufacturing or bottling of wines and of nothing else, he or she shall pay $1,000.

(b) If engaged in the manufacturing of wines and cordials and of nothing else, he or she shall pay $2,000.

(3)(a) Each distributor authorized to sell brewed beverages containing malt, wines, and fortified wines in counties where the sale of intoxicating liquors, wines, and beers is permitted shall pay for each and every such establishment or branch he or she may operate or conduct a state license tax of $1,250.

(b) A bona fide religious order, monastery, church, or religious body that has a tax-exempt status as provided by s. 212.08(7)(m) or (p) may be licensed as a distributor under this subsection if its sales and distribution are limited to wines sold solely for religious or sacramental purposes to holders of valid permits obtained under s. 564.03; and such religious order, monastery, church, or religious body shall pay a state license tax of $50 for each and every such distribution establishment to be operated by the licensee.

History.—s. 4, ch. 72-230; s. 1, ch. 79-305; s. 4, ch. 83-79; s. 2, ch. 85-204; s. 11, ch. 86-269; s. 30, ch. 87-6; s. 8, ch. 92-176; s. 874, ch. 97-103; s. 9, ch. 2000-228.

Note.—Former ss. 561.34, 561.35.

F.S. 564.02 on Google Scholar

F.S. 564.02 on Casetext

Amendments to 564.02

Arrestable Offenses / Crimes under Fla. Stat. 564.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 564.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

VFW JOHN O CONNOR POST a v. SANTA ROSA COUNTY, FLORIDA, a, 506 F. Supp. 2d 1079 (N.D. Fla. 2007)

. . . However, this section shall not apply to licenses defined in s. 563.02(l)(a) and s. 564.02(l)(a), F.S . . .

GREAT HOUSE OF WINE, INC. v. FLORIDA DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES TOBACCO,, 752 So. 2d 728 (Fla. Dist. Ct. App. 2000)

. . . that the regulatory statutes interpreted by the Department in the Statement on appeal, §§ 561.411, 564.02 . . .

McKESSON CORPORATION v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, DEPARTMENT OF BUSINESS REGULATION OF FLORIDA,, 496 U.S. 18 (U.S. 1990)

. . . . §§ 564.02, 564.06, 565.12, 565.14 (1983). After this Court held in Bacchus Imports, Ltd. v. . . .

C. IVEY, v. BACARDI IMPORTS, CO. INC., 541 So. 2d 1129 (Fla. 1989)

. . . A license is required for in-state manufacturers of wines and liquors, pursuant to sections 564.02(2) . . .

STATE DADE COUNTY, v. A. NUZUM,, 372 So. 2d 441 (Fla. 1979)

. . . distributors, exporters, and vendors. (1)Twenty-four percent of the taxes imposed under §§ 563.02, 564.02 . . . appropriate county tax collector. (2) Thirty-eight percent of the license taxes imposed under §§ 563.02, 564.02 . . .

H. F. v., 43 T.C. 500 (T.C. 1965)

. . . basis Dec. 31, 1956_ $426,195.71 $131,727.04 Dec. 9, 1957_ 1,302.37 685.74 Dee. 31, 1957_ 1,302.37 564.02 . . .