Miami-Dade County Circuit Court, 1977

State v. Glick

State v. Glick
Miami-Dade County Circuit Court · Decided September 28, 1977 · Schwartz
46 Fla. Supp. 110

Counsel

Richard E. Gerstein, State Attorney, George Volsky, Assistant State Attorney, for the appellant., Seymour Chádroff, North Miami, for the appellee.

State v. Glick

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.