Plant City, FL asked in Civil Litigation, Consumer Law and Criminal Law for Florida

Q: I had sent a notice to a liquor store not to sell to a loved one and they still did. How do they get charged?

562.50  Habitual drunkards; furnishing intoxicants to, after notice. Police said they are supposed to be charged with a 2nd degree misdemeanor.

Letters were sent certified.

Police at first said they would do something at first, but they wont. Because he is over 21. And they have to see him buying it. And can't stop them from selling to him.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Did the police say why they aren't doing anything?

Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The reason the police said they must see him buying the liquor in order to arrest the seller is that the crime is classified as a misdemeanor (as opposed to a felony). For most misdemeanor violations, the crime must be committed in the police officer's presence in order to trigger an arrest (absent an arrest warrant). The police dept. likely does not have the resources to station an officer at the liquor store all day, waiting for the buyer to show up.

If your relative happens to be a habitual drunkard, with no self-control, AND he has inflicted, or threatened or attempted to inflict physical harm on himself or another person, you have the option of filing a Marchman Act petition that, upon being granted, would enable the police to take him, against his will, to a rehabilitation facility for treatment. (Obviously, if you were to do that, make sure that he has no object in his possession that could be mistaken for a weapon. )

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