Florida Statutes
Fla. Stat. § 561.58 (2025)
Issuance of license for a prior license revoked.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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561.58 Issuance of license for a prior license revoked.—When a license is revoked by the division, it may prohibit or permit a license to be issued for the location of the place of business formerly operated under such revoked license. The maximum period of time that any such license shall be prohibited by the division from any such place of business shall be 2 years from the succeeding license renewal date as fixed by the division following such revocation.
History.—s. 7, ch. 20830, 1941; s. 18, ch. 25359, 1949; ss. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 12, ch. 81-158.
Notes of Decisions
Cited in 7
cases, 1959–1984 · leading case: Keating v. State Ex Rel. Ausebel, 173 So. 2d 673 (Fla. 1965).
Keating v. State Ex Rel. Ausebel, 173 So. 2d 673 (Fla. 1965). “" It would therefore appear that, even though § 561.58, Fla. Stat., F.S.A., does not provide for a notice and hearing as required by due process of law, this deficiency is supplied by §§ 120.”
Williams v. Ferrentino, 199 So. 2d 504 (Fla. 2d DCA 1967). “, the Administrative Procedure Act, commenting that "[i]t would therefore appear that, even though § 561.58 Fla. Stat., F.S.A., does not provide for a notice and hearing as required by due process of law, this deficiency is supplied by §§ 120.”
Beverly v. Div. of Bev. Of Dept, Bus. Reg., 282 So. 2d 657 (Fla. 1st DCA 1973). “In response to questions pertaining to this identical license in Leon County, two Attorney Generals of the State of Florida, in separate letters addressed to the Executive Director of the Department of Business Regulation, have opined that the Beverage Department in 1962 had the…”
Sol B. Corp. v. Div. of Alcoholic Beverages & Tobacco, 448 So. 2d 1149 (Fla. 4th DCA 1984). “16-637S, Series 4-COP, be revoked with prejudice as provided in Section 561.58, Florida Statutes, for multiple violations of the Beverage Law.”
Huber Distrib. Co. v. Nat'l Distrib. Co., 307 So. 2d 176 (Fla. 1974). “to be issued for the location of the place of business formerly operated under such revoked license .”
Mariago Inc. v. State Beverage Dir., 15 Fla. Supp. 140 (Fla. Cir. Ct., Leon Cty. 1959). “This application was denied by the beverage director on the ground that under provisions of section 561.58 the privilege of selling intoxicating beverages at the déscribed premises was automatically denied for a period of two *141 years from the revocation of the Albanese…”
Mr. Bumble, Inc. v. Div. of Alcoholic Beverages & Tobacco, 461 So. 2d 223 (Fla. 1st DCA 1984). “” § 561.58, Fla.Stat. (1981). See also: § 561.”
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