The 2024 Florida Statutes
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. . . See § 561.29(l)(a), Fla. Stat. . . .
. . . . § 561.29, Conway is considered an ‘“affiliated person’ of an insured institution” because Conway was . . . the CEO of LISB, see 12 C.F.R. § 561.29(a). . . . it was a business organization in which Conway, LISB’s CEO, was a general partner, see 12 C.F.R. § 561.29 . . . in connection with any business or transaction of an insured depository institution. . 12 C.F.R. § 561.29 . . .
. . . credit with such bank with which to pay the same upon presentation, contrary to Section 832.05, within 561.29 . . . Under section 561.29(l)(a), Florida Statutes, the Division has the authority to suspend or revoke the . . .
. . . Compare §§ 120.60(l)-(3) and 561.17, with §§ 120.60(5)-(6) and 561.29, Fla. Stat. (1997). . . .
. . . This appeal challenges the constitutionality of section 561.29(l)(a), Florida Statutes (1993), under . . . Section 561.29(l)(a) provides: The division is given full power and authority to revoke or suspend the . . . There is no question that section 561.29(l)(a) is penal in nature as it authorizes revocation of Morey . . .
. . . . § 561.29 (1983); 12 C.F.R. § 563.41(b) (1979); 12 C.F.R. § 563.41(c)(ii) (1979); 12 C.F.R. § 536.17 . . .
. . . Although the statutory language in section 561.29(1) has since 1957 spoken in terms of the Division’s . . . The second district upheld the license revocation, stating: A literal reading of [section 561.29(1), . . . In view of these cases, we do not construe Section 561.29(1)(a), Florida Statutes (1959), F.S.A., as . . . employees have violated state laws regarding the sale, service, or consumption of alcoholic beverages. § 561.29 . . . Ch. 561-562, Fla.Stat.), not to exceed $1,000 for violations arising out of a single transaction. § 561.29 . . .
. . . Sections 561.29(l)(a) and (c), Florida Statutes (1989), provide in pertinent part that an alcoholic beverage . . .
. . . In addition, the Division may revoke, § 561.29(l)(a), or decline to renew, § 561.24(5), a distributor . . .
. . . A range of penalties is available in sections 561.29(1) and (3), Florida Statutes, and the recommendation . . .
. . . by persons using, keeping or selling controlled substances contrary to sections 823.01, 823.10, and 561.29 . . . GOSHORN, J., dissents with opinion. . § 893.13(2)(a)(5), Fla.Stat. (1985). . §§ 823.01, 823.10, 561.29 . . .
. . . Petitioner contends that since section 561.29(6), Florida Statutes (1981), grants an automatic 15-day . . . Although the 1981 version and the current codification of section 561.29(6) provide for an automatic . . .
. . . Section 561.29(1), Florida Statutes, authorizes DABT to revoke or suspend a beverage license upon a showing . . .
. . . substances, thereby constituting the maintenance of a public nuisance in violation of Sections 823.10 and 561.29 . . . substances or which were used for the keeping of such substances contrary to Section 893.13(2)(a)(5) and 561.29 . . . Section 561.29, Florida Statutes (1983), contains the following relevant provisions: (1) The division . . . keeping or selling them in violation of Chapter 893, thereby violating Sections 893.13(2)(a)(5) and 561.29 . . . Respondent also is culpably responsible for those violations under Section 561.29(l)(a), Florida Statutes . . .
. . . (1), Florida Statutes (1983) and that the licensee was therefore subject to sanctions under section 561.29 . . . erred in imposing a strict liability standard on the licensee in penalizing it pursuant to section 561.29 . . . Schott and its pro-gency is applicable to imposition of fines by the agency under section 561.29(3). . . . Is that interpretation properly extended to imposition of fines pursuant to section 561.29(3)? . . . Schott was necessary to sustain section 561.29(l)(a) against constitutional attack. . . . State Beverage Department, 119 So.2d 735 (Fla. 1st DCA 1960), involved only a construction of Section 561.29 . . .
. . . his conclusions of law he recited the power of DABT to suspend or revoke a beverage license (Section 561.29 . . . (1)(a), (b), and (e)) and to impose a civil penalty (Section 561.29(3)) for a violation of Chapter 561 . . . criteria of Section 561.20(2)(a)3., which failure entitled DABT to revoke appellant’s license pursuant to 561.29 . . .
. . . premises and implicitly alleges the Respondent’s culpable responsibility for the violations under Section 561.29 . . . Section 561.29, Florida Statutes (1983), contains the following relevant provisions: (1) The division . . . Section 561.29(l)(a), Florida Statutes (1983), also prohibits a licensee from “permitting another [i.e . . . A literal reading of those statutes, like 561.29(1)(a), “would indicate that a liquor licensee is under . . . But, like Section 561.29(1)(a), those statutes must be read to require proof of culpable responsibility . . .
. . . beverage laws, by and through your agent, servant or employee, Lori Ann Hart, did violate Florida Statute 561.29 . . . the beverage laws, by and through your agent, servant or employee, Linda, did violate Florida Statute 561.29 . . . Florida Statute 823.10 and Florida Statute 561.29(l)(c); b. . . . Florida Statute 823.01 and Florida Statute 561.29(l)(a). . § 120.57, Fla.Stat. (1983). . . . . Section 561.29(l)(a), provides: (1) The division is given full power and authority to revoke or suspend . . .
. . . contend that the statute before us should be interpreted in a manner similar to that placed upon Section 561.29 . . .
. . . Section 561.29(l)(a), Florida Statutes, authorizes the Division of Alcoholic Beverages and Tobacco to . . . licensee, sold the controlled substance known as cocaine on the licensed premises in violation of Sections 561.29 . . .
. . . State, Department of Business Regulation, 411 So.2d 276 (Fla. 3d DCA 1982); § 561.29(1)(a) and § 120.68 . . .
. . . Count 2 alleged that appellants, through their employees, violated section 561.29(l)(a), Florida Statutes . . . The other 9 counts alleged, and the hearing officer found, single-date violations of section 561.29(l . . . Under section 561.29(1), the Division may revoke or suspend a beverage license upon sufficient cause . . . The two grounds involved in this case are section 561.29(l)(c), maintaining a nuisance on the licensed . . . Although a literal reading of section 561.29(l)(a) would seem to indicate that a license could be revoked . . .
. . . against the alcoholic beverage license of respondent Clarece Hicks d/b/a Sandspur Saloon under Section 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . undercover capacity for the Santa Rosa County Sheriffs Office, in violation of F.S. 812.019 within F.S. 561.29 . . . Section 561.29(l)(a), Florida Statutes (1983), states in pertinent part: (1) The Division is given full . . .
. . . served upon appellant a show cause order on March 18, 1983, alleging appellant’s violation of Section 561.29 . . . concluded, the evidence presented failed to establish that a violation of Chapter 849, and hence Section 561.29 . . . As previously noted, appellant was charged with violating Section 561.29(l)(a), Florida Statutes (1981 . . . is generally true that a holder of a beverage license may suffer revocation by the DBR under Section 561.29 . . . officer, that appellant was guilty of “simple negligence” which would constitute a violation of Section 561.29 . . .
. . . The Division filed charges against each appellant pursuant to section 561.29, Florida Statutes, alleging . . .
. . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a) within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . licensed premises, while on duty, in violation of Florida Statute 893.13(l)(a), within Florida Statute 561.29 . . . under the Beverage Laws, your servant, agent, or employee, to wit: Don did violate Florida Statute 561.29 . . .
. . . Consistent with sections 561.18 and 561.19, section 561.29(1) empowers DABT to suspend or revoke a license . . .
. . . Section 561.29(1)(a), which the licensee is charged as having violated, provides: Violation by.the licensee . . . Neither § 561.29(1)(a), nor the case law cited in the recommended order supports a finding that Jones . . . There being no competent substantial evidence that the licensee was guilty of violating either § 561.29 . . . (l)(a) or § 561.29(l)(c), Fla.Stat., the order revoking Jones’s license is reversed and the cause is . . .
. . . Pursuant to section 561.29 and section 120.60(7), Florida Statutes (1981), the Division entered its order . . .
. . . Florida Statute 561.29(1) grants the Division authority to revoke or suspend a beverage license when . . . evidence found sufficient to support a thirty-day suspension is, under the applicable statute [Sec. 561.29 . . . can be no doubt that Florida law expressly prohibits possession, use and sale of drugs, and Section 561.29 . . .
. . . Beverages & Tobacco, Department of Business Regulation, State of Florida (Division), pursuant to Sections 561.29 . . .
. . . Beverages & Tobacco, Department of Business Regulation/State of Florida (Division), pursuant to Sections 561.29 . . .
. . . of state statutes authorizing inspections and searches to enforce beverage tax laws, see §§ 561.07, 561.29 . . .
. . . See § 561.29, Florida Statutes (1979). . . .
. . . statutes of Florida, thereby placing the Golden Dolphin’s beverage license in jeopardy pursuant to section 561.29 . . .
. . . may say, however, that there is no discernible merit in the petitioner’s various claims (a) that Sec. 561.29 . . .
. . . 1973); in the district court of the district where the disciplined liquor dealer did business, Section 561.29 . . .
. . . Section 561.29(l)(a) authorizes the Division of Alcoholic Beverages and Tobacco to revoke or suspend . . . The provisions of Section 466.38 and 561.29 are markedly different and must be construed differently. . . . Section 466.38 — unlike 561.29 — requires as a precondition to the suspension of a dentist’s license . . .
. . . one of G & B’s employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . .
. . . , servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . . Section 561.29 gives the Division authority to suspend a beverage license when the Division finds upon . . .
. . . , servants or employees violated Section 798.02, Florida Statutes (1977), thereby violating Section 561.29 . . . Section 561.29 gives the Division authority to suspend a beverage license when the Division finds upon . . .
. . . petition for review pursuant to Chapter 120, Florida Statutes, the Administrative Procedure Act, and F.S. 561.29 . . .
. . . petition for review pursuant to Chapter 120, Florida Statutes, the Administrative Procedure Act, and F.S. 561.29 . . . F.S. 561.29 provides, inter alia, that the Division of Alcoholic Beverages and Tobacco is given full . . . F.S. 561.29(3) further provides: “ * * * If a hearing is required, the licensee shall be entitled to . . . The size of the penalties, the maximum allowed by F.S. 561.29(4), together with statements made by the . . .
. . . and 561.11, Florida Statutes (1977), quoted in the majority opinion, and more particularly in Section 561.29 . . . invalidating this rule as without legislative authority, notwithstanding its relationship to Section 561.29 . . .
. . . See, for example, §§ 561.29 (license revocation), 562.32 (criminal penalties), 562.28 (seizure), and . . .
. . . adjudicated guilty of same, and such conduct was grounds for revoking his license pursuant to Section 561.29 . . . convicted of a felony in Case No. 74-730, in Marion County, Florida,"in violation of Florida Statutes 561.29 . . .
. . . Although support for the court’s action was found in § 561.29, Fla.Stat. (1973), a special statute pertaining . . .
. . . Director were pursuant' to Chapter 120, Florida Statutes 1973 (the old Administrative Procedure Act) and § 561.29 . . . charged and found to have employed said Robert Llewellyn, a convicted felon in violation of Sections 561.29 . . .
. . . Supreme Court in its Treasure, Inc. decision discussed the power of the beverage director under F.S. 561.29 . . . F.S. 561.29 was amended in 1969 so that the Division of Beverage rather than the beverage director now . . .
. . . Under the provisions of Section 561.29(4), Florida Statutes, the Division could have assessed a civil . . .
. . . authority for the revocation of an alcoholic beverage license is found in Florida Statutes, Section 561.29 . . . of petitioner’s licenses was based on-the violation of the provisions of Florida Statutes, Section 561.29 . . . convicted of a misdemeanor under state law would be subject to revocation under Florida Statutes, Section 561.29 . . . In construing Florida Statutes, Section 561.29(1) (b) as we do the end result is logical and comports . . .
. . . Section 561.29(7) (b), Florida Statutes, provides: “Application to the court for relief from an order . . .
. . . monopolistic practices stood as grounds for immediate revocation of any beverage license under Section 561.29 . . .
. . . Section 561.29(5), (6), Fla.Stat.1971, F. . . . compel the full knockdown, drag-out quasi-judicial proceeding contemplated by the provisions of Section 561.29 . . . . § 561.29, F.S.A., whereby it may suspend or revoke the license of any licensee violating any laws of . . . Under F.S. § 561.29(5) & (6), F.S.A., an alternative revocation procedure is available to the beverage . . . the A.P.A., have rather closely followed the method of review set out in the beverage law in F.S. §§ 561.29 . . . They have sought review before the Board of Business Regulation as set out in F.S. § 561.29(7) (a), F.S.A . . . F.S. § 561.29, F.S. . . .
. . . obscene magazine entitled “Foxy-Lady” for the price of $5.00, in violation of Sections 847.011(1) and 561.29 . . . the said date he was in possession of certain obscene materials in violation of Sections 847.011 and 561.29 . . .
. . . Section 561.29 sets forth the power and authority of the Beverage Director in connection with revocation . . .
. . . hearing before the Director, said : “At a hearing held by the beverage director pursuant to Section 561.29 . . . Section 561.29(1) (a) F.S.A., viz: “(1) The director is given full power and authority to revoke or suspend . . . Sec. 561.29, F.S.A.; F.S. § 120.31, F.S.A.; Art. 5, Sec. 5(3), Fla.Const., F.S.A. . F.S. . . .
. . . . § 561.29(3) is limited to the beverage director and cannot be delegated. . . . comprehensive and lengthy step-by-step procedure to be followed in such instances is found in F.S.A. § 561.29 . . . The part of the statute under direct consideration is found in F.S.A. § 561.29(3) which provides: “Before . . . . § 561.29(4). . . .
. . . A petition for certiorari was filed, as provided for in Section 561.29(7), Florida Statutes, F.S.A., . . .
. . . petition for writ of certiorari has been filed by Torch Club, Inc., a corporation, pursuant to Section 561.29 . . . or assignation with one of the agents of the Beverage Department in violation of Sections 796.07 and 561.29 . . .
. . . . — When a license is revoked by the director under the authority granted in § 561.29, it shall be within . . . Where a beverage license is revoked by the Director pursuant to' F.S. § 561.29, F.S.A., covering a landlord . . .
. . . “The power of the Director to issue post-final revocation orders must he found, if at all, in F.S. 561.29 . . .
. . . dismissing a bill of complaint in which the plaintiffs challenged the constitutionality of Florida Statute § 561.29 . . . this court whether or not in his decision he passed upon the constitutionality of Florida Statute § 561.29 . . .
. . . Section 561.29, Florida Statutes, F.S.A., provides with respect to revocation and ■suspension of license . . .
. . . Maleszewski, 160 Fla. 291, 34 So.2d 436; § 561.29, Fla.Stat., F.S.A. . . .
. . . . § 561.29 Fla.Stat., F.S.A. . . .
. . . On April 13, 1961, pursuant to Section 561.29, Florida Statutes (1959), F.S.A., the Director of the State . . . place for the purpose of lewdness, assignation or prostitution, in violation of Sections 796.07 and 561.29 . . . , to commit or engage in prostitution, lewdness or assignation, in violation of Sections 796.07 and 561.29 . . . Section 561.29 F.S.A. provides as follows: “‘(1) The director is given full power and authority to revoke . . . In view of these cases, we do not construe Section 561.29(1) (a), Florida Statutes (1959), F.S.A., as . . .
. . . The petitioner then, pursuant to provisions of §561.29, Florida Statutes, requested a hearing before . . . justified in revoking petitioner’s license had the respondent proceeded legally in accordance with §561.29 . . . He is, therefore, a creature of statute and has only such powers as the statute confers on him. §561.29 . . . As material here, §561.29 (3) provides — “Before the director shall revoke or suspend the license of . . . It is not without force to note that §561.29 requires a licensee to request a hearing within ten days . . .
. . . It appears that under FSA 561.29 (1) (a) & (c) the municipality might seek a revocation by the state . . .
. . . circuit court, of whether the notice to show •cause as given herein to the licensee pursuant to Section 561.29 . . .
. . . . § 561.29, F.S.A., is vested with authority to take such action after, affording the licensee “a fair . . .
. . . involved is as follows — “When a'license is revoked by the director under the authority granted in section 561.29 . . .
. . . Liberty City Amusement Park, was proceeded against by the State Beverage Department of Florida, under § 561.29 . . .
. . . This case involves the construction of section 562.41, subsections 3 and 4, and section 561.29, Florida . . . Section 561.29 provides in effect that the State Beverage Director may suspend or revoke a license where . . . Section 561.29(1) specifically gives the State Beverage Director power to proceed administratively against . . .
. . . “An Act Amending Sections 561.05, 561.20, 561.29, 561.32, 561.34, 561.42, 561.43, 561.44, 561.45, 561.47 . . .
. . . suspension order was reviewed by the circuit court, on common law writ of certiorari under section 561.29 . . . Section 561.29 (3), Fla.Stat., F.S.A., which requires a hearing before the director may revoke or suspend . . .
. . . Cotton, Fla., 52 So.2d 340, and subsections (1), (3) and (4) of Section 561.29, F.S.A., requiring notice . . .
. . . . §§ 561.01, 561.06, 561.09, 561.29, 561.35, enacted subsequent to the decision in Brown v. . . .
. . . On August 13, 1951, a notice under Section 561.29(3), Florida Statutes 1951, and F.S.A. was served on . . .
. . . Section 561.29, Florida Statutes 1951; Singer, et al v. Scarborough (Fla. 1944), 20 So. 2d 126. . . . confer upon the trial magistrate herein the power to revoke appellant’s beverage license under section 561.29 . . .
. . . In section 561.29(4), Florida Statutes 1951, it is provided that a beverage licensee may make application . . .
. . . Section 561.29, F.S.A. makes the maintenance of a nuisance or unsanitary premises or permitting disorderly . . . The appellee places great reliance upon Section 561.29, F.S.A. with reference to the revocation or suspension . . . Although Section 561.29, F.S.A. purports to give the director of the Beverage Department full power to . . .
. . . Section 561.29 F.S.A. authorized the direction to revoke a liquor license for violation by any licensee . . .
. . . Section 561.29, Fla. . . . Section 7 of Chapter 22663, Acts of 1945, amending Section 561.29, Fla. . . . It is contended that the following provisions of Section 561.29 (FSA), as amended, violates relator’s . . .