CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
Chief Robert B. Walker Cocoa Beach Police Fire Post Office Box 322430 Cocoa Beach, Florida 32932-2430 Dear Chief Walker: You ask substantially the following question: Does section 561.25 , Florida Statutes, prohibit a police officer who is on administrative suspension from being employed as a cook at a restaurant serving alcoholic beverages? In sum: A law enforcement officer whose authority to exercise police powers has been suspended would not be subject to the employment restrictions in section 561.25 , Florida Statutes. You state that while the officer must be available during normal working hours, as a result of his suspension he has no arrest powers or other duties and has been relieved of his police badge, police credentials, firearms and uniforms. Section 561.25 (1), Florida Statutes, provides: No officer or employee of the division, and no sheriff or other state, county, or municipal officer with state police power granted by the Legislature, shall be permitted to engage in the sale of alcoho...
...off duty in any establishment licensed under the beverage laws to sell beverages, if written approval of the chief of police, sheriff, or other appropriate department head is obtained for the place and hours of such employment. The plain language of section 561.25 , Florida Statutes, prohibits the employment of a law enforcement officer 1 in a business that holds a license to sell alcoholic beverages....
...Where the Legislature has set forth exceptions to the operation of a statute, no others may be implied to be intended. 2 Thus, clearly an officer with state police power is precluded from employment directly or indirectly by an establishment licensed under the state beverage laws, except as expressly provided otherwise in section 561.25 , Florida Statutes. In Attorney General Opinion 58-16, this office stated that the purpose underlying section 561.25 , Florida Statutes, was to prohibit law enforcement officers from being licensed as dispensers of alcoholic beverages or from being connected with licensed premises in such a way as to interfere with or prevent them from enforcing the beverage law in an unbiased and unprejudiced manner....
...t by an establishment selling only beer and wine for off-premises consumption. The underlying purpose of preventing biased or prejudiced enforcement of the beverage law, however, would appear to be intact. Any person determined to be in violation of section 561.25 , Florida Statutes, is guilty of a misdemeanor of the second degree and "shall be automatically removed or suspended from office." 3 By making automatic removal or suspension from office a penalty for violating the prohibitions in the act, it would appear the Legislature considered the terms of section 561.25 , Florida Statutes, to be applicable to active law enforcement officers....
..., Florida Statutes, he may not exercise any police powers during his suspension. In light of the officer's suspension and his inability to perform any of the police powers normally exercised by an active law enforcement officer, it would appear that section 561.25 , Florida Statutes, would not apply to the suspended officer. Accordingly, it is my opinion that a law enforcement officer whose authority to exercise police powers has been suspended would not be subject to the employment restrictions in section 561.25 , Florida Statutes....
...e. 2 See, Dobbs v. Sea Isle Hotel,
56 So.2d 341 , 342 (Fla. 1952) (when statute enumerates the things upon which it operates or forbids certain things, it is ordinarily construed as excluding from its operation all things not expressly mentioned). 3 Section
561.25 (2), Fla....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
Dear Chief Chudnow: You have asked for my opinion on substantially the following question: Pursuant to section 561.25 , Florida Statutes, may a law enforcement officer, employed by the Oviedo Police Department, serve or sell alcoholic beverages as an unpaid volunteer at activities or functions which occur at a licensed alcoholic beverage establishment? In sum: Section 561.25 (1), Florida Statutes, would prohibit a municipal law enforcement officer employed by the Oviedo Police Department from selling alcoholic beverages as an unpaid volunteer at activities or functions which occur at licensed alcoholic beverage establishments....
...However, the statute does not appear to preclude the mere serving of alcohol under circumstances where the law enforcement officer is not employed by a business licensed under the Beverage Law and there is no sale of alcoholic beverages occurring. Section 561.25 (1), Florida Statutes, provides that: "No officer or employee of the division [Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation], and no sheriff or other state, county, or municipal...
...have obtained licenses only to sell beer or beer and wine for consumption off the premises. However, the written approval of the chief of police, sheriff, or other appropriate department head must be obtained for any such employment." Violations of section 561.25 , Florida Statutes, are second degree misdemeanors and require the automatic removal or suspension of the officer....
...You have asked whether this statute would prohibit a City of Oviedo Police Officer from "engaging in activities relating to the sale of alcoholic beverages under the State of Florida's `Beverage Law' even when the law enforcement officer is not employed by the licensed alcoholic beverage establishment[.]" By its terms, section 561.25 , Florida Statutes, prohibits the direct or indirect employment of a law enforcement officer 1 by a business that holds a license to sell alcoholic beverages and prohibits a law enforcement officer from engaging in the sale of alcohol....
...2 It is clear, therefore, that an officer exercising the police powers of the state, such as a municipal police officer, is precluded by this state from employment directly or indirectly by an establishment licensed under the state beverage laws, except as expressly provided otherwise in section 561.25 , Florida Statutes, and is prohibited from engaging in the sale of alcohol. However, your question deals with volunteer activities by an officer who is not employed by a licensed beverage business or paid for his services. In Attorney General Opinion 86-29, this office was asked whether the prohibition in section 561.25 , Florida Statutes, would apply to an investigator with the office of a state attorney when the investigator's wife owned a restaurant holding a beverage license....
...The wife remained the sole shareholder in the corporation and the investigator had no ownership interest in the corporation, nor was he employed by the corporation, either directly or indirectly. Based upon these facts, it was concluded that the prohibition contained in section 561.25 , Florida Statutes, did not apply....
...finity to any person who may have an ownership interest in a business licensed under the beverage law. Inasmuch as the statute is penal in nature, 3 it must be strictly construed. 4 This office has previously stated in that the underlying purpose of section 561.25 , Florida Statutes, is to prohibit law enforcement officers from being licensed as dispensers of alcoholic beverages or from being connected with licensed premises in such a way as to interfere with or prevent them from enforcing the beverage law in an unbiased and unprejudiced manner....
...According to information submitted with the opinion request, the American Legion treated the post and the canteen as separate elements: the post was under the control of the commander and the canteen under the control of a bar manager. The question presented was whether section 561.25 , Florida Statutes, would preclude the law enforcement officer serving as post commander. After a review of the language and legislative intent of section 561.25 , Florida Statutes, the opinion concluded that "it does not appear that the fact that a bar manager operates a canteen within the post would sufficiently separate the commander of the post from the prohibition contained in section 561.25 , Florida Statutes." Thus, this office suggested consultation by the law enforcement officer with his employing agency and the Criminal Justice Standards and Training Commission due to the potential for the suspension or removal from office for violations of section 561.25 , Florida Statutes....
...alcoholic beverages or employed in connection with the operation of any business licensed under the Beverage Law, he or she may volunteer to participate in activities at a licensed alcoholic beverage establishment without violating the provisions of section 561.25 (1), Florida Statutes. Thus, for instance, a law enforcement officer could volunteer to tend bar at a fund raiser for charity or at a dinner honoring others so long as no sales of alcoholic beverages occurred. In sum, it is my opinion that section 561.25 (1), Florida Statutes, would prohibit a municipal law enforcement officer employed by the Oviedo Police Department from selling alcoholic beverages as an unpaid volunteer at activities or functions which occur at licensed alcoholic beverage establishments....
..." 2 See Dobbs v. Sea Isle Hotel ,
56 So. 2d 341 , 342 (Fla. 1952) (when statute enumerates the things upon which it operates or forbids certain things, it is ordinarily construed as excluding from its operation all things not expressly mentioned). 3 Section
561.25 (2), Florida Statutes, states: "Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
The Honorable S. Ray Gill State Attorney County Office Building 19 N.W. Pine Avenue Third Floor Ocala, Florida 32670 Dear Mr. Gill: This is in response to your request for an opinion on substantially the following question: DO THE PROHIBITIONS OF s. 561.25 , F.S., APPLY TO AN INVESTIGATOR IN THE STATE ATTORNEY'S OFFICE WHOSE WIFE OWNS A RESTAURANT WHERE ALCOHOLIC BEVERAGES ARE SERVED? Section 561.25 (1), F.S., provides as follows: No officer or employee of the division, and no sheriff or other state, county, or municipal officer with state police power granted by the Legislature, shall be permitted to engage in the sale of alcohol...
...This office has previously observed that investigators employed by the state attorney under s.
27.255 , F.S., are law enforcement officers and conservators of the peace with full powers of arrest in accordance with the laws of this state. See, AGO 78-73. Thus, it is clear that the prohibitions contained in s.
561.25 (1), F.S., are applicable to investigators in the state attorney's office....
...ownership interest in the corporation. This office has been advised that the investigator is in no way employed by the corporation, either directly or indirectly. Based upon the foregoing facts, I am of the opinion that the prohibition contained in s. 561.25 , F.S., does not apply to the factual circumstances of your inquiry. Section 561.25 , F.S., prohibits law enforcement officers from engaging in the sale of alcoholic beverages, from being employed by a business licensed under the beverage law or from having an ownership interest in any business dealing in the sale or distribution of alcoholic beverages....
...re strictly construed); State ex rel. Robinson v. Keefe,
149 So. 638 (Fla. 1933). Cf., Daniels v. Gillespie,
335 So.2d 353 (2 D.C.A.Fla., 1976). I am therefore of the opinion that, unless and until legislatively amended otherwise, the prohibition of s.
561.25 , F.S., does not apply to an investigator of the state attorney who is married to an owner of a restaurant that is licensed under the beverage law....
