Florida Beverage Corp., Inc. v. Wynne, U--368
| Decision Date | 14 January 1975 |
| Docket Number | No. U--368,U--368 |
| Citation | 306 So.2d 200 |
| Parties | FLORIDA BEVERAGE CORPORATION, INC., et al., Appellants, v. Winston W. WYNNE, as Director of the Division of Beverage, a division of the Department of Business Regulation of the State of Florida, Appellee. |
| Court | Florida District Court of Appeals |
W. Robert Olive, Jr., of Bryant, Dickens, Rumph, Franson & Miller, Tallahassee, for appellants.
J. Riley Davis and C. P. Brindell, Jerome M. Novey, of Novey & Blanton, Tallahassee, for appellee.
Robert M. Ervin and Thomas M. Ervin, Jr., of Ervin, Varn, Jacobs & Odom, Tallahassee, Emerson Allsworth, of Allsworth, Doumar & Schuler, Fort Lauderdale, for amicus curiae.
LEE, THOMAS E., Associate Judge.
Appellant, Liquor Dealers and Distributors, plaintiffs below, seek review of an adverse summary final judgment rendered in favor of appellee, defendant below, Director of the Division of Beverage, a division of the Department of Business Regulation of the State of Florida. The Independent Beverage Dealers were allowed to intervene as an interested party appellee.
Appellant's complaint sought a judgment declaring Rule 7A--4.50, Rules of the Division of Beverage, 'unconstitutional, invalid, and of no force and effect.'
The subject rule, which was adopted by the Division of Beverage on October 29, 1973, and filed with the State of Florida, Department of State, for inclusion in the Florida Administrative Code, provides:
7A--4.50 Cooperative or pool buying by vendors.
Anything to the contrary in these rules notwithstanding the following shall apply in all cases where two or more licensed vendors pool their purchases for spirituous beverages from a distributor:
1. Any agreement between vendors to 'pool' buy shall be in writing, filed with the Division of Beverage, and shall designate one of the vendors as the agent of the others for the purpose of such 'cooperative' purchase.
2. All orders for pool purchases from a distributor shall be placed by the agent designated in Section 1, and payment for that other, whether by single or multiple checks, shall be made by such agent.
3. A distributor shall follow invoice, record keeping and delivery procedures which are in compliance with Rules 7A--4.12, 7A--4.30, 7A--4.31 and 7A--4.43 when receiving orders, selling and deliverying to 'cooperative buying' vendors, in like manner as chain retail vendors.
4. For the purpose of Rules 7A--1.11 and 7A--4.31 'pool' buying through a designated agent is a single transaction.
Here as in the trial court Appellants contend that Rule 7A--4.50, supra, is invalid and unenforceable because: it transcends the bounds of the various sections of Chapter 561, Florida Statutes, sought to be implemented; and its enforcement would do irreparable harm to Appellants. The trial court rejected these contentions and rendered the Summary Final Judgment appealed. We affirm.
The springboard that launched the specific Rule under attack, Rule 7A--4.50, supra, was the passage of Chapter 72--272, Laws of Florida, 1972, which amended Section 561.14(3), florida Statutes, to allow a 'vendor' to purchase or acquire alcoholic beverages from any other 'vendor'. Prior to this Amendment a vendor could only purchase or acquire such beverages for the purpose of resale from a licensed distributor or manufacturer. The obvious intention and purpose of the Amendment was to place all vendors and distributors on an equal footing.
Section 561.01(10), Florida Statutes, provides, in pertinent part, that 'the same discounts shall be offered to all vendors buying similar quantities'. 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:
It is well established in Florida that the Legislature, having enacted a Statute complete in itself which declares a legislative policy or standard and operates to limit the power delegated, may authorize an administrative agency to prescribe rules and regulations for its administration. It is equally well settled that the Legislature may expressly authorize designated public officials to provide rules and regulations for the complete operation and...
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