Florida/Georgia Personal Injury & Workers Compensation

...1st DCA 1979); State Department of Health and Rehabilitative Services v. McTigue, 387 So.2d 454 (Fla. 1st DCA 1980). A rule which purports to do so constitutes an invalid exercise of delegated legislative authority. Nicholas v. Wainwright, 152 So.2d 458, 460 (Fla. 1963). DABT's general rule-making power stems from Section 561.11: (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......

...The obvious purpose of Rule 7A-4.50 is to effectuate the intention and purpose of the legislature in amending 561.14(3), supra, by allowing small vendors to "pool purchase" large quantities at the same price made available to large vendors and distributors. 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....

...Moreover, the rules and regulations enacted by administrative agencies must be reasonable." (Emphasis supplied) Thus, it is necessary to examine the statutory authority of the Division to enact the proposed rule. 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 carry out the purposes of the beverage law." The Division f...

...nces is held invalid, such invalidity shall not affect the other provisions or application of the rule which can be given effect without the invalid provision or application and, to this end, provisions of this rule are severable. Specific Authority 561.11 FS. Law Implemented 561.02, 561.07, 561.08, 561.11, 561.29(1)(a) FS....

...s may, like any overbroad statute, be judicially narrowed in application. See White v. State, 330 So.2d 3 (Fla. 1976). What the majority finds wanting is legislative authority for this kind of regulation. I find such authority in Sections 561.02 and 561.11, Florida Statutes (1977), quoted in the majority opinion, and more particularly in Section 561.29, which the majority opinion does not mention....

...The examiner recommended that Central's license be suspended for twenty days. The Division adopted the examiner's findings of fact but reduced the penalty from license suspension to a civil penalty of $2,000.00. Section 561.42 provides that no distributor shall have any financial interest in the business of any vendor. Section 561.11, Florida Statutes, authorizes the Division to promulgate rules to carry out the purposes of the beverage law....

adopted, pursuant to authority contained in section 561.11, Florida Statutes, penalty guidelines for violations

curiae now attempts to-inject a construction of Section 561.-11, Florida Statutes, F.S.A., into the appellate

...y rule or rules promulgated by the director in accordance with the provisions of this chapter, or a violation of any such rule by any agent, officer, servant or employee of the licensee on the licensed premises or in the scope of such employment.” 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 rea...