State v. Glick

Miami-Dade County Circuit Court

State v. Glick

46 Fla. Supp. 110

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County·Decided September 28, 1977·No. No. 77-63·Published

Opinion

ALAN R. SCHWARTZ, Circuit Judge.

The trial judge correctly held that the violation of a rule adopted by the Division of Beverage, pursuant to Fla. State §561.11 (1975), does not give rise to criminal liability under Fla. Stat. §562.45 (1) which renders it a misdemeanor to violate “any provision of the beverage law . . .” Simply stated, the legislature has not, as is required, specified that the division’s rules constitute a part of “the beverage law” under this section.

Accordingly, the judgment below is affirmed.

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ALAN R. SCHWARTZ, Circuit Judge.

The trial judge correctly held that the violation of a rule adopted by the Division of Beverage, pursuant to Fla. State §561.11 (1975), does not give rise to criminal liability under Fla. Stat. §562.45 (1) which renders it a misdemeanor to violate “any provision of the beverage law . . .” Simply stated, the legislature has not, as is required, specified that the division’s rules constitute a part of “the beverage law” under this section.

Accordingly, the judgment below is affirmed.

State v. Glick, 46 Fla. Supp. 110 (Fla. Super. Ct. 1977).

Pincite

46 Fla. Supp. 110 (State v. Glick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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