The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 561
BEVERAGE LAW: ADMINISTRATION

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F.S. 561.11

561.11 Power and authority of division.—

(1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of the Beverage Law.

(2) The division shall have full power and authority to appoint division personnel and provide for the continuous training and upgrading of all such personnel in their respective positions with the division. Notwithstanding any law to the contrary, chiefs, assistant chiefs, regional managers including majors, and district and office managers including captains shall be assigned to the Selected Exempt Service and their salaries and benefits shall be set by the Department of Management Services in accordance with the rules of the Selected Exempt Service under part V of chapter 110. The training shall include the attendance of such personnel at workshops, seminars, or special schools established by the division or other organizations when attendance at such educational programs shall in the opinion of the division be deemed appropriate to the particular position that the employee holds.

History.—s. 1, ch. 16774, 1935; CGL 1936 Supp. 4151(227); s. 2, ch. 18015, 1937; s. 1A, ch. 19301, 1939; CGL 1940 Supp. 4151(271b); s. 4, ch. 22663, 1945; s. 132, ch. 26869, 1951; s. 9, ch. 57-420; s. 1, ch. 63-26; s. 1, ch. 67-366; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 9, ch. 78-95; s. 16, ch. 79-11; s. 186, ch. 98-200; s. 1, ch. 2017-137.

F.S. 561.11 on Google Scholar

F.S. 561.11 on Casetext

Amendments to 561.11

Arrestable Offenses / Crimes under Fla. Stat. 561.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 561.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In L. PETERSEN, IRS, v. L., 312 B.R. 385 (Bankr. N.D. Iowa 2004)

. . . See Iowa Code § § 633.240, 633.236-239, 561.11, 561.12, and 561.15. . . .

PARROT HEADS, INC. d b a v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 741 So. 2d 1231 (Fla. Dist. Ct. App. 1999)

. . . The Division has adopted, pursuant to authority contained in section 561.11, Florida Statutes, penalty . . .

STATE DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, v. SALVATION LIMITED, INC., 452 So. 2d 65 (Fla. Dist. Ct. App. 1984)

. . . DABT’s general rule-making power stems from Section 561.11: (1) The division shall have full power and . . .

CITY OF MIAMI SPRINGS, v. J. J. T. INC. a d b a s, 437 So. 2d 200 (Fla. Dist. Ct. App. 1983)

. . . in the State acting through the Division of Alcoholic Beverages and Tobacco by Sections 561.02 and 561.11 . . .

CORPORATION, s III, v. DIVISION OF BEVERAGE,, 371 So. 2d 1032 (Fla. Dist. Ct. App. 1978)

. . . The Division correctly states that it is empowered with rulemaking authority pursuant to Section 561.11 . . . Specific Authority 561.11 FS. Law Implemented 561.02, 561.07, 561.08, 561.11, 561.-29(l)(a) FS. . . . I find such authority in Sections 561.02 and 561.11, Florida Statutes (1977), quoted in the majority . . .

STATE v. GLICK,, 46 Fla. Supp. 110 (Dade Cty. Cir. Ct. 1977)

. . . State §561.11 (1975), does not give rise to criminal liability under Fla. . . .

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, v. DEXTERHOUSE, 348 So. 2d 916 (Fla. Dist. Ct. App. 1977)

. . . Sections 561.02 and 561.11, Florida Statutes (1975). . . .

CENTRAL FLORIDA DISTRIBUTING COMPANY, v. JACKSON, B., 324 So. 2d 143 (Fla. Dist. Ct. App. 1975)

. . . Section 561.11, Florida Statutes, authorizes the Division to promulgate rules to carry but the purposes . . .

FLORIDA BEVERAGE CORPORATION, INC. v. W. WYNNE, a, 306 So. 2d 200 (Fla. Dist. Ct. App. 1975)

. . . Section 561.11(1) Florida Statutes, provides : “(1) The Division shall have full power and authority . . .

PENSACOLA YACHT CLUB v. STATE BEVERAGE DEPARTMENT,, 30 Fla. Supp. 178 (Escambia Cty. Cir. Ct. 1968)

. . . . §561.11 empowers the beverage director to make, adopt amend and repeal such rules, regulations or administrative . . .

DAMAR CORPORATION, a v. E. LEE, Jr., 155 So. 2d 655 (Fla. Dist. Ct. App. 1963)

. . . Section 561.11, Florida Statutes, F.S.A., further provides: “The director shall have full power and authority . . .