Receiving an Administrative Complaint from the Florida Department of Business and Professional Regulation (“DBPR”) or the Division of Alcoholic Beverages and Tobacco can be overwhelming. These proceedings can threaten your license, reputation, and bottom line. Violations under Florida Statute F.S. 561.20(2)(a)5—such as improper sales practices or recordkeeping deficiencies—can trigger serious legal consequences. In this blog, we explain what those violations mean, outline the administrative process, and guide you through your rights and best defenses. Whether you operate a bar, nightclub, or other alcoholic beverage outlet, you deserve clear, informed representation.
If you are facing an Administrative Complaint from the DBPR or the Division of Alcoholic Beverages and Tobacco, you need skilled legal advocacy on your side. Elevate Legal Services, PLLC, specializes in administrative law and license defense throughout Florida. Our team understands the complexities of F.S. 561.20(2)(a)5 and DBPR procedure, and we stand ready to protect your professional reputation and livelihood.
Call us today at 561‑770‑3335 or email [email protected] to schedule a consultation. We secure favorable outcomes for license holders across Boca Raton, Palm Beach County, and the state of Florida.
Florida Statute F.S. 561.20(2)(a)5
This statute governs the privileges granted to license holders by the Division of Alcoholic Beverages and Tobacco. Section (2)(a)5 states that licensees must maintain accurate records and avoid improper or unlicensed sales. Specific examples include:
- Maintaining proper daily sales and purchase logs
- Adhering to permitted hours and days of operation
- Preventing sales to minors or intoxicated people
- Avoiding fraudulent transactions or unauthorized distribution
Violations of this statute can lead to administrative proceedings, license suspension, or revocation.
DBPR Administrative Code
The Florida Administrative Code sections related to alcohol licensing add more details:
- 61A-4.010: Outlines all recordkeeping must-haves, including invoices, receipts, and sales summaries.
- 61A-4.011: Sets out documentation rules for purchase sources and tax payments.
- 61A-3.050 – .056: Limits hours and days the licensee is allowed to conduct sales.
- 61A-4.022: Defines on-premises vs. package sales, and the distinctions are critical—violations for selling in the wrong category can trigger F.S. 561.20 sanctions.
Breaching any of these rules may result in a formal complaint from DBPR.
Common Violations of F.S. 561.20(2)(a)5
Let’s break down the most frequently cited complaints that lead to DBPR action:
- Selling to Minors or Intoxicated Patrons
Failure to demand valid ID or serving visibly intoxicated individuals is a top trigger for DBPR investigations.
- Improper or Incomplete Recordkeeping
Not retaining purchase receipts or daily sales logs, or having missing documentation, can result in fines or license suspension. - Unauthorized Product Marketing or Promotions
Providing “two-for-one” deals or happy hour specials in restricted regions or at forbidden times may violate statute and administrative code guidelines. - Sales Outside Permitted Hours or Days
Operating outside hours stipulated by the license or Code 61A—selling after hours or during prohibited days—is a clear violation. - Unlicensed Delivery or Distribution
Transporting alcohol for off-site consumption without the proper license is unlawful. - Unreported Tax or Fee Evasion
Failing to report purchases to DBPR, not paying taxes, or manipulating records triggers serious administrative action. - Failure to Post Required Notices
If statutes or DBPR rules require certain signs, posting requirements, or notice of license status, failure to comply may result in a complaint.
Penalties
Penalties under F.S. 561.20(2)(a)5 range depending on severity, frequency, and license type:
- Warnings or Notices to Cure for first-time or minor errors
- Fines: Ranging from $250 to $5,000 per violation, depending on the seriousness
- License Suspension: Can last from 30 days up to 90 days
- License Revocation: For repeated violations or unlicensed activity
- Probationary Licenses: DBPR may allow continued operation under monitoring
- Administrative Costs: Licensees may be held responsible for prosecution and investigation costs
- Risk of Criminal Referral: In severe cases (e.g., sales to minors), referral to criminal prosecution may accompany administrative penalties
Step-by-Step Guide to Responding
Facing a DBPR complaint? Here’s a practical roadmap:
- Read the Complaint Thoroughly
Understand the citation, policy references, and hearing deadlines. - Meet All Procedural Deadlines
File a written or electronic Answer within 20 days. Failure to answer may lead to a default ruling. - Gather Supporting Evidence
- Sales logs
- Purchase invoices
- Training records (e.g., TIPS, MBCL certification)
- Photographs or video of the premises
- Interview Key Personnel
Talk to bartenders, managers, delivery drivers, and anyone who witnessed or handled the situation. - Consult with an Administrative Law Attorney
Elevate Legal Services, PLLC, can assess strengths and weaknesses in the complaint and craft a defense plan. - File Prehearing Motions if Appropriate
A motion to dismiss for lack of jurisdiction or to compel discovery may apply depending on the complaint specifics. - Attend the Formal Hearing
Be ready to present documentary evidence and witness testimony before an administrative law judge. - Compliance or Remediation Plan
If violations are confirmed, propose corrective actions (e.g., updated training materials, revised logs) to mitigate discipline. - Appeal if Necessary
You may appeal final orders to Florida’s First District Court of Appeal within 30 days following administrative decisions.
Why Choose Elevate Legal Services, PLLC?
- Specialized Expertise in DBPR and ABT Law
Our legal team focuses exclusively on beverage alcohol licensing and administrative defense. We know every statute, rule, and agency nuance. - Hands‑On Preparation and Litigation Support
We compile evidence, prepare witnesses, and develop credibility-based defense strategies to achieve positive outcomes.
- Proactive Compliance Counseling
We don’t just fight complaints—we help you avoid them. We provide site audits, recordkeeping systems, and training designed to comply with F.S. 561.20 and the Administrative Code. - Licensed in Florida, Serving Boca Raton and Beyond
From Palm Beach to Miami-Dade, we cover the state. We provide in-person representation at hearings or remote advocacy via Zoom. - Client‑First Philosophy
We understand that your liquor license is crucial to your business. That’s why we treat every matter as though your livelihood depends on it—because it does.
Final Thoughts & Call to Action
An Administrative Complaint under F.S. 561.20(2)(a)5 can feel daunting, but it doesn’t have to end your license or your reputation. With the right legal team, you can not only defend effectively but also emerge stronger and more compliant than ever.
If you’ve received a complaint from the DBPR or Division of Alcoholic Beverages and Tobacco, don’t wait. Elevate Legal Services, PLLC, is ready to guide you through each step, from filing your Answer to representing you in hearings and appeals.
Call 561‑770‑3335 or email [email protected] now to protect your license, your business, and your professional future. We’ll work closely with you to achieve the best possible outcome.
Thank you for trusting Elevate Legal Services, PLLC, with your legal concerns. We defend licenses. We protect reputations. We elevate your future.
