State v. Glick

Miami-Dade County Circuit Court

State v. Glick

46 Fla. Supp. 110

CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

DecidedSeptember 28, 1977

DocketNo. 77-63

StatusPublished

This text of 46 Fla. Supp. 110 (State v. Glick) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

46 Fla. Supp. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-glick-flacirct11mia-1977.

Opinion

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