Florida Statutes

Fla. Stat. § 561.11 (2025)

Power and authority of division.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases, 1963–1999 · leading case: Florida Beverage Corp., Inc. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975).

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Florida Beverage Corp., Inc. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975). · cites it 2× “Section 561.11(1) Florida Statutes, provides: "(1) The Division shall have full power and authority to make, adopt, amend, or repeal rules, regulations, or administrative orders to carry out the purposes of the beverage law.”

State Dept. of Bus. Reg. v. Salvation Ltd., 452 So. 2d 65 (Fla. 1st DCA 1984). “, the legislature has enumerated specific criteria for a special restaurant beverage license.”

4245 CORP. v. Div. of Beverage, 371 So. 2d 1032 (Fla. 1st DCA 1978). · cites it 2× “The Division correctly states that it is empowered with rulemaking authority pursuant to Section 561.11, Florida Statutes (1975), which provides: "(1) The division shall have full power and authority to make, adopt, amend or repeal rules, regulations, or administrative orders to…”

Cent. Florida Distrib. Co. v. Jackson, 324 So. 2d 143 (Fla. 1st DCA 1975). · cites it 2× “Section 561.11, Florida Statutes, authorizes the Division to promulgate rules to carry out the purposes of the beverage law.”

Damar Corp. v. Lee, 155 So. 2d 655 (Fla. 2d DCA 1963). · cites it 2× “” Section 561.11, Florida Statutes, F.S.A., further provides: “The director shall have full power and authority to make, adopt, amend or repeal such rules, regulations or administrative orders in pursuance of the purposes of the beverage laws, or reasonably necessary for, or…”

Parrot Heads, Inc. v. Dep't of Bus. & Prof'l Reg., 741 So. 2d 1231 (Fla. 3d DCA 1999). · cites it 2× “” The Division has adopted, pursuant to authority contained in section 561.11, Florida Statutes, penalty guidelines for violations of law.”

State v. Glick, 46 Fla. Supp. 110 (Fla. Cir. Ct., Miami-Dade Cty. 1977). “State §561.11 (1975), does not give rise to criminal liability under Fla.”

Pensacola Yacht Club v. State Beverage Dep't, 30 Fla. Supp. 178 (Fla. Cir. Ct., Escambia Cty. 1968). “§561.11 empowers the beverage director to make, adopt amend and repeal such rules, regulations or administrative orders reasonably necessary for, or calculated to facilitate the enforcement or administration of the beverage laws.”

— 561.11(1) — 1 case

Florida Beverage Corp., Inc. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975). “Section 561.11(1) Florida Statutes, provides: "(1) The Division shall have full power and authority to make, adopt, amend, or repeal rules, regulations, or administrative orders to carry out the purposes of the beverage law.”

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