Florida Statute 567.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 567
LOCAL OPTION ELECTIONS

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F.S. 567.01

567.01 Petition, order, notice of election.—

(1) The board of county commissioners of each county shall order an election to decide whether the sale of intoxicating liquors, wines, or beer shall be prohibited or permitted in that county upon the presentation to said board at a regular or special meeting, of a written application asking for such a determination in the county in which said application is made signed by one-fourth of the registered voters of the county. The signature of each registered voter shall be personally signed to such application; provided, however, a copy of said petition shall be dated and filed with the clerk of the circuit court of the county in which such election is to be held prior to procuring the signature of any registered voter thereon; and such petition must be completed and presented to the board of county commissioners within 120 days from the date said copy of said petition is originally filed with the clerk of the circuit court; and if not so done, said petition shall be held to be invalid.

(2) The election so ordered shall be to decide whether the sale of intoxicating liquors, wines, or beer shall be prohibited or permitted in said county, and to decide also whether such sale, if permitted by said election, shall be restricted to sales by the package.

(3) After an election has authorized the sale of intoxicating liquors, wines, or beer and has restricted the sales to by the package only, the board of county commissioners shall order an election to decide whether intoxicating liquors, wines, or beer shall be sold by the drink for consumption on premises as provided in s. 567.07(2)(c) by a majority vote of the board of county commissioners or when application is made signed by one-tenth of the registered voters of the county.

(4) The term “Sales by the package” is defined to mean sales made in sealed containers, for consumption off the premises where sold.

(5) Such an election shall not be ordered oftener than once every 2 years. All orders for such election shall be in writing and shall be entered upon the minutes of the board, but this requirement shall be directory only.

(6) Upon the making of the order for an election, the board shall cause its clerk to give at least 30 days’ notice of said election by publishing a copy of the order for election in one newspaper in each and every town in said county in which a newspaper or newspapers be published, and if no newspaper be published within the county, then by posting at least 10 copies of said order in 10 of the most public places in said county, one of which shall be the courthouse door. Proof of publication or proof of posting shall be filed with the board and shall be made as provided by ss. 49.10 and 49.11, for making proof of publication and proof of posting incident to constructive service of process, except that the provisions of said sections for recording shall not apply. All proofs of publication and of posting shall be entered upon the minutes of the board, but this requirement shall be directory only.

(7) It is the purpose and intent of the Legislature that the election shall obviate the necessity for holding two separate elections, except as provided in s. 567.07(2)(c), by determining in one election:

(a) Whether the sale of intoxicating liquors, wines, or beer shall be prohibited or permitted, and

(b) If such sales are determined to be permitted, to further determine whether the sales so made shall be limited to sales by the package as herein before defined, or whether sales by the drink on the premises, as well as sales by the package, may be permitted.

A majority of those legally voting at such election must cast their votes for selling intoxicating liquors, wines, or beer in order that the results of the election on the second question shall be effective and binding.

History.—s. 1, ch. 3700, 1887; RS 857; GS 1209; s. 1, ch. 6180, 1911; CGL 1936 Supp. 4151(196); s. 1, ch. 23747, 1947; s. 1, ch. 57-119; s. 1, ch. 85-161; s. 1, ch. 99-380; s. 2, ch. 2013-157.

F.S. 567.01 on Google Scholar

F.S. 567.01 on Casetext

Amendments to 567.01

Arrestable Offenses / Crimes under Fla. Stat. 567.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 567.01.

Annotations, Discussions, Cases:

Cases Citing Statute 567.01

Total Results: 9

Speer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-07T00:00:00-08:00

Citation: 51 So. 3d 602, 2011 Fla. App. LEXIS 25, 2011 WL 42888

Snippet: would be seeking restitution in the amount of $4,567 for one of the victims (Precision Aluminum), as well

Wal-Mart Stores, Inc. v. Todora

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-18T00:53:00-07:00

Citation: 791 So. 2d 29

Snippet: the fair market value of the property at $2,524,567.[1] The Property Appraiser of Sarasota County valued

Long v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-28T00:53:00-07:00

Citation: 622 So. 2d 536

Snippet: convicted in county court of violating section 817.567(1). The circuit court sitting in its appellate capacity…for writ of certiorari arguing that section 817.567(1) is facially unconstitutional on the basis of overbreadth… and, therefore, deny the petition. Section 817.567(1) provides that a person is guilty of a misdemeanor…. Petitioner asserts, however, that section 817.567(1) is overbroad because there is no specific requirement…legislative title of the act containing section 817.567(1) reveals the intent that the statute be applied

Wohl v. State

Court: Fla. | Date Filed: 1985-12-18T23:53:00-08:00

Citation: 480 So. 2d 639

Snippet: 2068, §§ 1-3, Laws of Florida; amended ch. 79-567, §§ 1-9, Laws of Florida. [3] The majority suggests

Irvin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-01-08T23:53:00-08:00

Citation: 324 So. 2d 684

Snippet: crime for which he was convicted." Id. at 567.[1] Mead v. State, 86 So.2d 773 (Fla. 1956): "

Condermann v. Potter

Court: Fla. Dist. Ct. App. | Date Filed: 1961-02-13T00:00:00-08:00

Citation: 126 So. 2d 743

Snippet: Florida Real Estate Commission, Fla.1960, 125 So.2d 567.1 In contending for reversal the appellant argues

Pearson v. Taylor

Court: Fla. | Date Filed: 1947-12-05T00:00:00-08:00

Citation: 32 So. 2d 826, 159 Fla. 775, 1947 Fla. LEXIS 959

Snippet: commissioners for calling the election (Section 567.01, F.S.A.) contained less than 25% of the qualified

In re Rehearing

Court: Fla. | Date Filed: 1929-10-17T00:00:00-08:00

Citation: 98 Fla. 638

Snippet: W. R. 385; In re: Est. of Emma Cook, 1 L. R. A. 567; 1 Black on Judgt. (2nd Ed.) p. 190; *64715 Encyc.

Fiehe v. Householder Co.

Court: Fla. | Date Filed: 1929-05-15T00:00:00-08:00

Citation: 125 So. 2, 98 Fla. 627

Snippet: . W. R. 385; In re: Est. of Emma Cook, 1 L.R.A. 567; 1 Black on Judgt. (2nd Ed.) p. 190; *Page 647 15