Arrestable Offenses / Crimes under Fla. Stat. 562.14
CopyCited 33 times | Published | Supreme Court of Florida | 159 Fla. 88, 1947 Fla. LEXIS 689
...701 (COP) heretofore issued to you by Dade County under the laws of Florida, said cause being as follows: “1. That you maintain a nuisance at and upon the above described premises licensed by you. “2. That you did violate the provisions of Section' 562.14, Florida Statutes, 1941, as amended by Chapter 21943, Laws of Florida, 1943, and Chapter 22605, Laws of Florida, 1945, commonly known as the “Curfew Law,’ in that you did, during hours prohibited by law, “(a) Sell, “(b) Serve, “(c) p...
CopyCited 14 times | Published | Florida 4th District Court of Appeal
...y and welfare of the residents of Oakland Park." We thus conclude that to delay the implementation of this ordinance would be in complete derogation of the expressed public will and interest. With regard to appellant's right to the relief requested, Section 562.14, Florida Statutes (1979), authorizes municipalities to establish hours for establishments dispensing alcoholic beverages....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1994 WL 653448
...complaint on December 17, 1993. At the hearing for the first time, as a separate basis for relief, appellants urged that the County has no authority to regulate the days on which purveyors of alcoholic beverages may open for business, on account of section 562.14, Florida Statutes (1993)....
...areas of the county pursuant to general law. §
125.01(1)( o ), Fla. Stat. (1993). Pertinent general law contemplates that counties will set and "be responsible for the enforcement of the hours of sale established by county or municipal ordinance," §
562.14(2), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...n of Orange Park, Florida. They appeal final orders of the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, assessing them with a civil penalty for selling alcoholic beverages after the legal hours of sale permitted by section 562.14, Florida Statutes....
...s, as best we can discern from the informal, yet obviously inadequate record, [1] are as follows. For many years, a state statute has regulated the hours of sale of alcoholic beverages "except as otherwise provided by county or municipal ordinance." § 562.14(1), Fla....
...cco. FROM: Town of Orange Park This is to advise you that no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed between the hours of midnight and 7:00 A.M. the following day, Monday thru (sic) Friday pursuant to Section 562.14, Florida Statutes....
...that Friday. Appellants took the position that the hours of sale in Orange Park were regulated by the ordinance, not by the statute, and continued to sell alcoholic beverages after midnight. As a result, they were arrested and charged with violating section 562.14(1), Florida Statutes, a misdemeanor....
...On October 4, 1983, the town council duly passed an ordinance making this emergency *281 amendment permanent. Consequently, only on a single Friday night, September 3, 1983, did the town manager and town police attempt to enforce prohibited hours of sale in accordance with section 562.14(1)....
...At all other times, such sales were deemed regulated by ordinance. The Division filed charges against each appellant pursuant to section
561.29, Florida Statutes, alleging that on September 3, 1983, appellants sold alcoholic beverages after 12 midnight, contrary to section
562.14, Florida Statutes....
...l charges against appellants arising out of the same alleged illegal sale of alcoholic beverages. By order of October 28, 1983, the county court dismissed the criminal charges against appellants on the grounds that in view of the exception stated in section 562.14(1), the hours of sale prescribed by the statute were not applicable to appellants because there was in effect on September 3 a town ordinance which regulated the hours of sale within the town....
...The letter enclosed a copy of the county court's opinion and order dismissing the criminal charges. The letter also stated appellants' position that the administrative charges pending against them should be dismissed in view of the county court's ruling that the closing hours specified in section
562.14 were not applicable, and concluded that if the Department did not agree, appellants were again requesting a hearing pursuant to section
120.57, Florida Statutes, "for the purpose of providing you with further written and oral evidence." No formal or informal hearing under section
120.57 was ever held. Instead, on March 14, 1984, the Division filed its final orders finding that appellants had violated section
562.14(1), Florida Statutes, and imposing a civil penalty of $250 each....
...mpetent substantial evidence. We agree with appellants on all three points. Had the foregoing facts been properly proven at the requested section
120.57 hearing, it would have been perfectly clear that the town of Orange Park, under the exception in section
562.14(1), has been regulating the hours of alcoholic beverage sales for many years and was doing so on September 3, 1983. At no time had the town repealed its regulatory ordinance and relied on the hours of sale in section
562.14(1)....
...1st DCA, 1984); Sasso v. Ram Property Management,
431 So.2d 204, 217-18 (Fla. 1st DCA 1983), aff'd
452 So.2d 932 (Fla. 1984). But we need not decide this point because it is perfectly evident that the town had continuously preempted the operation of section
562.14(1) through its own ordinances for many years before and after September 3, 1983. The Division primarily argues that its disciplinary order should be sustained because the town council intended that section
562.14(1) govern the hours of sale on weekdays, as announced by the city manager, and that the city "impliedly adopted" the statute as part of the ordinance even though the ordinance makes no reference to the statute....
...appellants' repeated requests to have one for the expressed purpose of affording them an opportunity to present evidence. Since the Division's theory in this case required the presentation of competent evidence on its part to justify application of section 562.14(1) to appellants, the Division could not legally avoid such a hearing based on appellants' honest admission that they sold alcoholic beverages after 12 midnight on September 3....
...ing in the "Record" and "Appendix to the Record" without regard to its competency or lack thereof, a matter we deal with in greater detail infra. We have also considered statements made at oral argument that are not disputed by opposing counsel. [2] Section 562.14 provides: Regulating the time for sale of alcoholic and intoxicating beverages....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Stat., F.S.A., for revocation or suspension of its liquor license. Essentially respondent was accused of selling whiskey during prohibited hours on Sunday, June 9, 1957, and with permitting consumption of whiskey or gin on the premises on the same Sunday; in violation of § 562.14, Fla....
...the director as follows: "`* * * that on Sunday, June 9, 1957, about 11:10 A.M., at the licensed premises, the president, Murray Blane, made three or four sales of package whiskey, during the hours said sales were prohibited by law, in violation of Section 562.14, Florida Statutes; that on Sunday, June 9, 1957, about 11:10 A.M., at the licensed premises, about 35 persons at the bar and 200 to 250 persons at tables in the main room of the licensed place of business were consuming drinks, most of which contained whiskey or gin, during the hours consumption of said mixed drinks were prohibited by law, in violation of Section 562.14, Florida Statutes.' *569 "In support of the finding the Director apparently relied completely upon the testimony of Investigator Peyton, the sole witness produced by the respondents, who testified he observed sales of package whiskey i...
...However, despite the charge that over 200 persons were present on the premises consuming drinks, most of which contained whiskey or gin, a detailed study of the record fails to disclose a single item of testimony that any intoxicating liquor was consumed by any person on the premises at the time in question. Section 562.14, Florida Statutes, prohibits the sale, consumption or service of alcoholic beverages at certain specified times....
CopyCited 8 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1220
...April 24, 1953. *671 Hal S. Ives and Russell H. McIntosh, West Palm Beach, for appellants. Harry A. Johnston and Henry F. Lilienthal, West Palm Beach, for appellees. SEBRING, Justice. Acting under the authority supposedly conferred by the provisions of section 562.14(4), Florida Statutes 1951, F.S.A., the Board of County Commissioners of Palm Beach County adopted the following resolution: "Whereas, by resolution the Board of County Commissioners of Palm Beach County has heretofore fixed the hours o...
...n an arbitrary and capricious manner, to the injury of the plaintiffs. The petition for rehearing was denied and the plaintiffs were refused permission to file their amended bill of complaint. Thereupon, this appeal was taken. Subsections 1 and 4 of section 562.14, Florida Statutes 1951, F.S.A., provide that "No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place holding a license under the state beverage department of Florida, between the hours of midnight and seven o'clock a.m....
...It is so ordered. TERRELL, SEBRING, HOBSON and BUFORD, JJ., concur. ROBERTS, C.J., THOMAS and MATHEWS, JJ., concur in part and dissent in part. MATHEWS, Justice (dissenting). In this case the county commissioners of Palm Beach County, acting under the authority of Section 562.14(4), F.S....
...The case must be reversed because of the reasons pointed out in the opinion by Mr. Justice SEBRING. However, there is a more important question to be determined, which is: Has the Board of County Commissioners of Palm Beach County the power and authority under section 562.14(4), F.S., F.S.A., to divide the county into two districts for the purpose of regulating the hours of sale of alcoholic beverages, and fix the hours of sale different in one section from those fixed in the other section? I do not agree with the opinion of Mr. Justice SEBRING on this question. Section 562.14(1), F.S., F.S.A., is as follows: "No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place holding a license under the state beverage department of Florida, between the hours of midnight and seven o'clock a.m. of the following day." Section 562.14(3), F.S., F.S.A., is as follows: "Incorporated cities or towns may by ordinance independently regulate the hours of sale of alcoholic beverages within the corporate limits thereof, notwithstanding the provisions of this section." Section 562.14(4), F.S., F.S.A., is as follows: "The board of county commissioners of any county of the State of Florida may, by resolution, independently regulate the hours of sale of alcoholic beverages within the territory of such county not inclu...
...Hazlett, supra, that where there is doubt as to the existence of authority, it should not be assumed. See also Hopkins v. Special Road & Bridge Dist. No. 4,
73 Fla. 247,
74 So. 310. It is urged by the appellees that under the powers specifically granted by Section
562.14(4), F.S....
...ality" gives the county commissioners the implied power to divide such territory into districts or zones and fix hours of sale of alcoholic beverages in one district or zone different from the hours of sale in another district or zone. In construing section 562.14, F.S.A., we should also consider subsections (1) and (2) of Section 561.44, F.S., F.S.A., the pertinent parts of which are as follows: "(1) Incorporated cities and towns are hereby given the power hereafter to establish zoning ordinanc...
...county without the limits of incorporated cities or towns, did no more than grant authority to fix zones where intoxicating beverages could and could not be sold. This section did not vest any authority, expressly or impliedly, to fix hours of sale. Section 562.14(1) fixed the hours of sale throughout the State....
...y municipality". The effect of these statutes construed together is that cities and towns and counties may establish by zoning resolutions within their respective limits the place where the licensee may be permitted to operate his place of business. Section 562.14 vests the further authority to fix the hours of sale as to cities within their corporate limits and as to counties within the territory of such county not included within any municipality....
...nty preserves in full force and effect the rights of the licensee as fixed by general law where his place of business is in a zone fixed by resolution of the county commissioners as a zone where such business may *677 be conducted. Subsection (4) of section 562.14, F.S., F.S.A., did not in any manner change the power vested in the county commissioners to fix zones where alcoholic beverages may and may not be sold....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 17246
...rbances and offenses particularly after the hour of 1:00 A.M. Subsequently, by public referendum, on September 7, 1976 the City's charter was amended to provide for the regulation of hours of sale of alcoholic beverages by ordinance as authorized by Section 562.14, Florida Statutes (1975)....
...City of South Daytona,
186 So.2d 78 (Fla. 1st DCA 1966). Turning to the remaining allegations of arbitrariness, deprivation of property without due process and denial of equal protection, we find them to be unsupported or unsupportable. There is no question that Section
562.14, Florida Statutes (1975) permits a municipality to reasonably regulate the hours of sale of alcoholic beverages, and the legislative body of a municipality has a full measure of proper legislative discretion in the enactment of such regulatory ordinances....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 20855
...on, we find it difficult to see the harm occasioned appellant by the delay of the effective date until October 1, 1980, when a new license would become effective for one year. Such delay seems not only consistent with the right of a city pursuant to section 562.14, Florida Statutes (1979), to establish by ordinance the hours when alcoholic beverages can be sold but also with appellant's rights for the balance of the license year, which ended on September 30, 1980....
CopyCited 4 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4770
...safety, and morals of the people of the city, is without merit. As the district court said in Other Place of Miami v. City of Hialeah Gardens,
353 So.2d 861, 863 (Fla. 3d DCA 1977), cert. denied,
364 So.2d 889 (Fla. 1978): "There is no question that section
562.14, Florida Statutes (1975) permits a municipality to reasonably regulate the hours of sale of alcoholic beverages, and the legislative body of a municipality has a full measure of proper legislative discretion in the enactment of such regulatory ordinances." We find nothing per se unreasonable about reducing the closing hours from 4 a.m. to 2 a.m., particularly when the legislature in section
562.14(1) has established a closing hour of midnight in the absence of a local ordinance....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 27878
...(1993) (dividing the state into various water management districts at "11:59 p.m."); §
381.00897(2), Fla. Stat. (1993) (access to migrant labor camp or residential migrant housing "between the hours of 12 noon and 8 p.m."); §
440.05(4), Fla. Stat. (1993) (notice effective as of "12:01 a.m."); §
562.14, Fla....
...(1993) (act to take effect "at 12:01 a.m."); § 713.36, Fla. Stat. (1993) (chapter to take effect "at 12:01 a.m."); §
900.02, Fla. Stat. (1993) (criminal procedure law to become effective "at 12:01 a.m."). We have found only one instance where the Florida Legislature used the term "12 p.m." §
562.14(1), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...of Broward County) seeking to enjoin enforcement of City Ordinance C-70-34 which fixes the hours for sale of alcoholic beverages on premises within the corporate limits of the City. The ordinance was adopted pursuant to the authority granted by F.S. Section 562.14(3), F.S.A. The Appellant's complaint specifically asserted the unconstitutionality of the statute and the ordinance. The trial court entered a final judgment finding: "Section 562.14, Florida Statutes [F.S.A.] and so much of Ordinance C-70-34 of the City of Fort Lauderdale as limits the hours of sale of alcoholic beverages, be and they are hereby declared to be valid, constitutional, and enforceable against the Plaintiff." Appellant appealed that judgment here, and raises the following questions for decision: 1. Whether Section 562.14, F.S....
...Whether the statute is a special law enacted in violation of the strict limitations imposed on such statutes by the 1885 and 1968 constitutions. 5. Whether the statute violates the constitutional mandate to establish a uniform system of county and municipal government. F.S. Section 562.14, F.S.A., reads as follows: "562.14 Regulating the time for sale of alcoholic and intoxicating beverages; municipal and county regulations, etc....
...et or observation car operated on any railroad, but such beverages may be sold only to passengers upon said cars and must be served for consumption thereon." We have jurisdiction of the appeal because the trial court passed upon the validity of F.S. Section 562.14, F.S.A....
...Even though other municipalities in close proximity to the City of Fort Lauderdale have established hours governing the sale of intoxicating beverages on premises that are different from those fixed by the City of Fort Lauderdale, this in nowise affects the validity of Section 562.14 or the City of Fort Lauderdale's ordinance....
...her cities. As to local matters and subjects, local regulations and classifications applying within the territorial jurisdiction of the governmental unit may be enacted or adopted in the absence of controlling provisions of law to the contrary. F.S. Section 562.14(3), F.S.A....
...l laws or general laws of local application appearing in Section 11 of Article III, State Constitution. There is no mandate in the State Constitution to establish a uniform system of municipal government. Section 2, Article VIII, State Constitution. Section 562.14(3) is therefore not in contravention of any uniform system of municipal government....
CopyCited 1 times | Published | District Court of Appeal of Florida
...ng hours of retail liquor establishments. It neither is shown that the Board of County Commissioners are charged with such responsibility, nor is it shown that they have undertaken the enforcement of such laws. See § 104.381, Fla.Stat., F.S.A., and § 562.14, Fla.Stat., F.S.A....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 555486, 2012 Fla. App. LEXIS 2664
...Section
171.062, Florida Statutes (2010), provides in relevant part: (1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality ... upon the effective date of the annexation. §
171.062(1), Fla. Stat. (2010). Section
562.14, Florida Statutes (2010), provides in pertinent part: (1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day.... §
562.14(1), Fla. Stat. (2010). Pursuant to section
562.14(1), the Village was permitted to enact Section 3-2, which regulates the sale of alcoholic beverages within its borders....
...Daytona,
186 So.2d 78 (Fla. 1st DCA 1966) (affirming denial of injunctive relief where restaurant complained that liquor sales ordinance was capricious, a deprivation of property rights, and an unreasonable exercise of police powers, and reasoning that section
562.14, Florida Statutes, gives cities the power to regulate sale of alcoholic beverages)....
...The ordinance provided grandfather status to drinking establishments already in violation of the distance provision. The court held that when the tavern’s ownership changed, it did not lose the nonconforming use grandfather status since the status was not abandoned. Id. at 754-55 . Pursuant to section 562.14(1), the Village had the authority to enact its ordinance regulating sale of alcohol....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTION: Does the board of county commissioners of a dry county have the authority to restrict or otherwise regulate the Sunday sale of beer? SUMMARY: Under s. 562.14 , F.S., a board of county commissioners may restrict or otherwise regulate the hours of the sale of beer on Sunday in the unincorporated areas of the county....
...562.45 (2), F.S., relating to the right of municipalities to enact ordinances "regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the beverage law within the corporate limits of such municipality." Section 562.14 , F.S., states: (1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division of beverage between the hours of midnight and 7:00 a.m. of the following day . . . . (Emphasis supplied.) (2) The division of beverage shall not be responsible for the enforcement of the hours of sale established by county or municipal ordinance. In AGO 073-197, after discussing the history of s. 562.14 , F.S., and legislative intent of that provision, I ruled that: Under s. 562.14 , F.S., as amended by Ch....
..."Alcoholic beverages" is defined in the Beverage Act as "all beverages containing more than one percent of alcohol by weight." Section
561.01 (4)(a), F.S. This definition includes beer as licensed and regulated by statute. See ss.
563.01 and
563.02 , F.S. Thus, a county may regulate the time of sale of beer pursuant to s.
562.14 , F.S....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5331
...e, inasmuch as the identical questions were involved. We think we may dispose of this case summarily by pointing out this court’s decision in the Goldmine case, supra, and the Florida Statute and its interpretation by our Supreme Court as follows: Section 562.14(3), Florida Statutes, F.S....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
areas of the county pursuant to general law." Section
562.14(1), Florida Statutes, of the state beverage
CopyPublished | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 136730, 2010 WL 5209259
...ferent posture the federal constitutional questions raised. Abell,
625 F.2d at 657. Applying the doctrine to the facts of this case, the first prong of the Pullman test is satisfied. Although the Defendant cites several cases interpreting Fla. Stat. §
562.14, which concerns the regulation of alcohol sales by municipalities, [4] neither Party has presented any case law interpreting Miami Code of Ordinances, Sec....
CopyPublished | District Court of Appeal of Florida
appellant’s beverage license for •violation of Section
562.14, Florida Statutes, F.S.A., the effect being
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4509
...sia County. On March 4, 1965, appellee members of the Board of County Commissioners adopted a resolution regulating the hours of sale of alcoholic beverages in the several county commissioners’ districts of the county pursuant to the provisions of Section 562.14, Florida Statutes, F.S.A....
...nts should be afforded an opportunity to do so. The final decree dismissing the cause with prejudice is reversed and the case remanded for further proceedings consistent with the views expressed herein. Reversed. JOHNSON and SACK, JJ., concur. . MS. § 562.14(4), F.S.A....
