BROWARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
FORT LAUDERDALE CHRISTIAN SCHOOL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Broward County may enforce its food service permit ordinance against a school cafeteria because state law exempts school cafeterias from state licensing rather than preempting local regulation, so the county ordinance is not inconsistent with state law.
A county ordinance requiring permits for food service establishments is not preempted by state law that exempts school cafeterias from state licensing requirements.
[1] A state law exempting school cafeterias from state licensing requirements does not preempt a county ordinance requiring permits for food service establishments.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceBroward County sued Fort Lauderdale Christian School to enjoin operation of a food service establishment without a county permit. The trial court dism…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse General Law cases and more on FLexlaw
BERANEK, Judge.
This is an appeal from the trial court’s dismissal of a complaint with prejudice. Broward County sued the Fort Lauderdale Christian School to enjoin its operation of a food service establishment without a permit as required by a county ordinance. The court dismissed the complaint because Section 509.241(2)(b)(l), Florida Statutes, exempts school cafeterias from certain State licensing requirements. The trial court reasoned that the State had preempted the field of legislation in this area and that the county ordinance was therefore inconsistent with the general law. Article VIII, Section 1, Florida Constitution, provides that counties may enact ordinances not inconsistent with general law.
We have reviewed the general law on the subject as contained in Chapter 509, Florida Statutes, and the county ordinance which requires a permit for the operation of a food establishment. Chapter 509 exempts rather than includes school cafeteria operations and the theory of preemption does not apply. The county ordinance is not inconsistent with the general law stated in Chapter 509, and the trial court thus erred in granting the motion to dismiss with prejudice. The trial court’s order to this effect is reversed and the matter remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
CROSS, J., and SMITH, CHARLES E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gentry Mfg. Co., Inc. v. Heck, 366 So. 2d 1263 (Fla. 4th DCA 1979)…PER CURIAM. AFFIRMED. See Vista Landscaping, Inc. v. Heck, 366 So. 2d 1264, Case No. 77-2106 (Fla. 4th DCA, opinion filed this date). ANSTEAD and LETTS, JJ., and WETH-ERINGTON, GERALD, Associate Judge, concur.…
-
Simpson v. Heck, 366 So. 2d 1263 (Fla. 4th DCA 1979)…PER CURIAM. AFFIRMED. See Vista Landscaping, Inc. v. Heck, 366 So. 2d 1264, Case No. 77-2106 (Fla. 4th DCA, opinion filed this date). ANSTEAD and LETTS, JJ., and WETH-ERINGTON, GERALD, Associate Judge, concur.…