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46 Fla. Supp. 110

State v. Glick

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County · decided 1977-09-28

Applies FL 562 § 562.45

Decided 1977-09-28

ALAN R. SCHWARTZ, Circuit Judge.

¶1The 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.

¶2Accordingly, the judgment below is affirmed.

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