Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7150
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02043A-11                                         20117150__
    1                        A bill to be entitled                      
    2         An act relating to cigarette, tobacco, and alcoholic
    3         beverage taxes; amending s. 20.165, F.S.; revising the
    4         rights of certain employees in the Department of
    5         Business and Professional Regulation; amending s.
    6         210.01, F.S.; defining the term “program”;
    7         transferring and reassigning functions and
    8         responsibilities for the administration of cigarette,
    9         tobacco, and alcoholic beverage taxes from the
   10         Division of Alcoholic Beverages and Tobacco of the
   11         Department of Business and Professional Regulation to
   12         the General Tax Administration Program Office of the
   13         Department of Revenue; providing for a type two
   14         transfer of the resources associated with the
   15         administration of the taxes on cigarette and tobacco
   16         products and alcoholic beverages to the Department of
   17         Revenue; authorizing the executive director of the
   18         Department of Revenue to make organizational changes
   19         within the General Tax Administration Program Office
   20         to accommodate cigarette, tobacco, and alcoholic
   21         beverage tax administration; transferring rules;
   22         amending ss. 210.11 and 210.02, F.S.; revising
   23         provisions to conform to changes made by the act;
   24         amending s. 210.021, F.S.; requiring certain dealers
   25         who sell cigarettes to remit to the program any tax
   26         imposed by law by electronic funds transfer and to
   27         make a return in a manner that is initiated through an
   28         electronic data interchange; amending ss. 210.04,
   29         210.05, and 210.06, F.S.; revising provisions to
   30         conform to changes made by the act; amending s.
   31         210.07, F.S.; removing obsolete provisions related to
   32         cigarette vending machines; amending ss. 210.08,
   33         210.09, 210.095, 210.11, 210.12, 210.13, and 210.14,
   34         F.S.; revising provisions to conform to changes made
   35         by the act; requiring wholesale dealers to provide the
   36         program with certain information; amending s. 210.15,
   37         F.S.; providing that a permit or license to sell
   38         cigarettes may not be issued by the division to an
   39         applicant who is not a registered dealer with the
   40         program or to an applicant with an outstanding tax
   41         warrant for more than 3 months from the program;
   42         amending ss. 210.16 and 210.1605, F.S.; authorizing
   43         the division to suspend or revoke a permit or license
   44         if a tax warrant has been outstanding against the
   45         license or permitholder for more than 3 months;
   46         amending ss. 210.161, 210.18, 210.1801, 210.185, and
   47         210.20, F.S.; revising provisions to conform to
   48         changes made by the act; amending s. 210.19, F.S.;
   49         requiring that records and files of the program
   50         relating to ch. 210, F.S., be available in Tallahassee
   51         to the public at any time during business hours;
   52         requiring the program to prepare and make available a
   53         specified list and specified reports; amending s.
   54         210.25, F.S.; defining the terms “distributor,”
   55         “program,” and “wholesale sales price”; amending s.
   56         210.31, F.S.; requiring that certain dealers in
   57         cigarettes remit payments by electronic funds transfer
   58         and make a return in a manner that is initiated
   59         through an electronic data interchange; amending s.
   60         210.35, F.S.; providing that a permit or license may
   61         not be issued by the division to a distributor who is
   62         not a registered dealer with the program or to a
   63         distributor who has an outstanding tax warrant for
   64         more than 3 months from the program; amending ss.
   65         210.40 and 210.45, F.S.; revising provisions to
   66         conform to changes made by the act; amending ss.
   67         210.50 and 210.51, F.S.; authorizing the division to
   68         suspend or revoke a permit or license, or to deny an
   69         application to renew a permit or license, if a tax
   70         warrant has been outstanding against the license or
   71         permitholder for more than 3 months; amending s.
   72         210.55, F.S.; requiring wholesale dealers and
   73         distributing agents to provide the program with
   74         certain specified information; amending ss. 210.60,
   75         210.65, and 210.70, F.S.; revising provisions to
   76         conform to changes made by the act; amending s.
   77         559.79, F.S.; requiring the Department of Business and
   78         Professional Regulation and the Department of Revenue
   79         to work cooperatively to establish an automated method
   80         for periodically disclosing information relating to
   81         licensees; amending s. 561.01, F.S.; defining the term
   82         “program”; creating s. 561.024, F.S.; providing that
   83         the General Tax Administration Program Office within
   84         the Department of Revenue is responsible for
   85         collecting taxes on alcoholic beverages and for
   86         distributing the funds collected; transferring and
   87         reassigning functions and responsibilities for the
   88         administration of alcoholic beverage taxes from the
   89         Department of Business and Professional Regulation to
   90         the Department of Revenue; providing for a type two
   91         transfer of the resources associated with the
   92         administration of the alcoholic beverages to the
   93         Department of Revenue; authorizing the Executive
   94         Office of the Governor, under specified conditions, to
   95         transfer funds and positions between agencies;
   96         authorizing the executive director of the Department
   97         of Revenue to make organizational changes within the
   98         General Tax Administration Program Office to
   99         accommodate cigarette, tobacco, and alcoholic beverage
  100         tax administration; prohibiting the executive director
  101         from making organizational changes after a specified
  102         date; transferring rules relating to the collection
  103         and audit of taxes on alcoholic beverages; authorizing
  104         the Department of Revenue to enforce any rule adopted
  105         by the Division of Alcoholic Beverages and Tobacco for
  106         the collection and auditing of taxes relating to
  107         alcoholic beverages; amending s. 561.051, F.S.;
  108         requiring the director of the program to promptly
  109         report and remit to the Chief Financial Officer all
  110         taxes collected by the program; amending ss. 561.08
  111         and 561.11, F.S.; revising provisions to conform to
  112         changes made by the act; amending s. 561.111, F.S.;
  113         requiring a beverage dealer who has paid a certain
  114         amount of taxes imposed under certain specified laws
  115         to remit payments by electronic funds transfer and to
  116         make a return in a manner that is initiated through an
  117         electronic data interchange; amending s. 561.15, F.S.;
  118         providing that a beverage permit or license may not be
  119         issued by the division to an applicant who is not a
  120         registered beverage dealer with the program or to an
  121         applicant who has an outstanding tax warrant for more
  122         than 3 months from the program; amending ss. 561.221
  123         and 561.25, F.S.; revising provisions to conform to
  124         changes made by the act; amending s. 561.27, F.S.;
  125         authorizing the division to deny an application to
  126         renew a beverage permit or license if a tax warrant
  127         from the program has been outstanding against the
  128         applicant for more than 3 months; amending ss. 561.29,
  129         561.37, 561.41, 561.49, and 561.50, F.S.; revising
  130         provisions to conform to changes made by the act;
  131         amending s. 561.55, F.S.; requiring beverage
  132         manufacturers, distributors, brokers, sales agents,
  133         importers, and exporters to provide the program with
  134         certain specified information; amending ss. 561.57,
  135         562.16, 562.20, 562.25, and 562.41, F.S.; revising
  136         provisions to conform to changes made by the act;
  137         amending ss. 563.01, 564.01, and 565.01, F.S.;
  138         defining the term “program”; amending ss. 563.06,
  139         563.07, 564.06, 565.02, 565.12, 565.13, 568.10, and
  140         569.004, F.S.; revising provisions to conform to
  141         changes made by the act; amending s. 569.002, F.S.;
  142         defining the term “program”; amending s. 569.009,
  143         F.S.; authorizing the program to adopt rules; amending
  144         s. 213.05, F.S.; adding cross-references to conform to
  145         changes made by the act; providing legislative
  146         findings stating that there is an immediate threat to
  147         the welfare of the state if the act is not immediately
  148         implemented; providing for the need for emergency
  149         rules; authorizing the Department of Revenue and the
  150         Department of Business and Professional Regulation to
  151         adopt emergency rules; providing an effective date.
  152  
  153  Be It Enacted by the Legislature of the State of Florida:
  154  
  155         Section 1. Paragraph (a) of subsection (9) of section
  156  20.165, Florida Statutes, is amended to read:
  157         20.165 Department of Business and Professional Regulation.
  158  There is created a Department of Business and Professional
  159  Regulation.
  160         (9)(a) All employees authorized by the Division of
  161  Alcoholic Beverages and Tobacco shall have access to, and shall
  162  have the right to inspect, premises licensed by the division, to
  163  collect taxes and remit them to the officers entitled to them,
  164  and to examine the books and records of all licensees. The
  165  authorized employees shall require of each licensee strict
  166  compliance with the laws of this state relating to the
  167  transaction of such business.
  168         Section 2. Subsection (23) is added to section 210.01,
  169  Florida Statutes, to read:
  170         210.01 Definitions.—When used in this part the following
  171  words shall have the meaning herein indicated:
  172         (23) “Program” means the General Tax Administration Program
  173  Office within the Department of Revenue.
  174         Section 3. In order to ensure the most effective and
  175  efficient collection of taxes and notwithstanding other
  176  provisions of law to the contrary, the authority to collect
  177  taxes on cigarettes and to distribute the funds collected, as
  178  provided in chapter 210, Florida Statutes, is the responsibility
  179  of the General Tax Administration Program Office within the
  180  Department of Revenue.
  181         (1) All of the statutory powers, duties and functions,
  182  records, personnel, property, and unexpended balances of
  183  appropriations, allocations, or other funds for the
  184  administration of collecting taxes on cigarettes shall be
  185  transferred by a type two transfer, as defined in s. 20.06(2),
  186  Florida Statutes, from the Department of Business and
  187  Professional Regulation to the Department of Revenue effective
  188  July 1, 2011.
  189         (2)Notwithstanding ss. 216.292 and 216.351, Florida
  190  Statutes, upon approval by the Legislative Budget Committee, the
  191  Executive Office of the Governor may transfer funds and
  192  positions between agencies to implement this act.
  193         (3)The executive director of the Department of Revenue may
  194  establish, abolish, or consolidate bureaus, sections, or
  195  subsections within the General Tax Administration Program
  196  Office, and may reallocate duties and functions within the
  197  program to promote effective and efficient operation of the
  198  program. This subsection is subject to the requirements of s.
  199  216.181, Florida Statutes. The executive director may not
  200  establish, abolish, or consolidate bureaus, sections, or
  201  subsections after July 1, 2012, unless such action is approved
  202  by the Legislature or by law.
  203         (4) The rules relating to the collection and audit of taxes
  204  on cigarettes are transferred from the Department of Business
  205  and Professional Regulation to the Department of Revenue, which
  206  rules in effect at 11:59 p.m. on the day before this act takes
  207  effect shall become the rules of the Department of Revenue and
  208  shall remain in effect until amended or repealed in the manner
  209  provided by law. The Department of Revenue may adopt rules and
  210  forms pursuant to ss. 120.536(1) and 120.54, Florida Statutes,
  211  to administer the collection and audit of cigarette taxes under
  212  this part.
  213         (5)The Division of Alcoholic Beverages and Tobacco of the
  214  Department of Business and Professional Regulation may enforce
  215  any rule adopted by the department providing collection and
  216  auditing services for taxes relating to cigarette, tobacco
  217  products, and alcoholic beverages.
  218         (6)The Department of Revenue is considered to be
  219  administering a revenue law of this state when the department
  220  implements this chapter. Sections 213.015(1)-(3), (5)-(7), (9)
  221  (19), and (21); 213.018; 213.025; 213.051; 213.053; 213.0532;
  222  213.0535; 213.055; 213.071; 213.10; 213.21(4); 213.2201; 213.23;
  223  213.24; 213.25; 213.27; 213.28; 213.285; 213.34(1), (3), and
  224  (4); 213.37; 213.50; 213.67; 213.69; 213.73; 213.733; 213.74;
  225  213.75; 213.756; and 213.75, Florida Statutes, apply to the
  226  collection of taxes on cigarette under chapter 210, Florida
  227  Statutes, by the Department of Revenue.
  228         Section 4. Section 210.011, Florida Statutes, is amended to
  229  read:
  230         210.011 Cigarette surcharge levied; collection.—
  231         (1) A surcharge, in addition to all other taxes of every
  232  kind levied by law, is levied upon the sale, receipt, purchase,
  233  possession, consumption, handling, distribution, and use of
  234  cigarettes in this state, in the following amounts, except as
  235  otherwise provided in subsections (2)-(5), for cigarettes of
  236  standard dimensions:
  237         (a) Upon all cigarettes weighing not more than 3 pounds per
  238  thousand, 5 cents on each cigarette.
  239         (b) Upon all cigarettes weighing more than 3 pounds per
  240  thousand and not more than 6 inches long, 10 cents on each
  241  cigarette.
  242         (c) Upon all cigarettes weighing more than 3 pounds per
  243  thousand and more than 6 inches long, 20 cents on each
  244  cigarette.
  245         (2) The descriptions of cigarettes contained in subsection
  246  (1) are declared to be standard as to dimensions for the purpose
  247  of levying a surcharge as provided in this section. If any
  248  cigarette is received, purchased, possessed, sold, offered for
  249  sale, given away, or used which is of a size other than those
  250  standard dimensions, the cigarette is subject to a surcharge at
  251  the rate of 4.2 cents on each cigarette.
  252         (3) When cigarettes as described in paragraph (1)(a) are
  253  packed in varying quantities of 20 cigarettes or fewer, except
  254  the manufacturer’s free samples authorized under s. 210.04(9),
  255  the following rates shall govern:
  256         (a) Packages containing 10 cigarettes or fewer require a
  257  surcharge of 50 cents.
  258         (b) Packages containing more than 10 but not more than 20
  259  cigarettes require a surcharge of $1.
  260         (4) When cigarettes as described in paragraph (1)(b) are
  261  packed in varying quantities of 20 cigarettes or fewer, except
  262  the manufacturer’s free samples authorized under s. 210.04(9),
  263  the following rates shall govern:
  264         (a) Packages containing 10 cigarettes or fewer require a
  265  surcharge of $1.
  266         (b) Packages containing more than 10 but not more than 20
  267  cigarettes require a surcharge of $2.
  268         (5) When cigarettes as described in paragraph (1)(c) are
  269  packed in varying quantities of 20 cigarettes or fewer, except
  270  the manufacturer’s free samples authorized under s. 210.04(9),
  271  the following rates shall govern:
  272         (a) Packages containing 10 cigarettes or fewer require a
  273  surcharge of $2.
  274         (b) Packages containing more than 10 but not more than 20
  275  cigarettes require a surcharge of $4.
  276         (6) This surcharge shall be paid by the dealer to the
  277  program division for deposit and distribution as hereinafter
  278  provided upon the first sale or transaction within the state,
  279  whether such sale or transfer is to the ultimate purchaser or
  280  consumer. The seller or dealer shall collect the surcharge from
  281  the purchaser or consumer, and the purchaser or consumer shall
  282  pay the surcharge to the seller. The seller or dealer is
  283  responsible for the collection of the surcharge and payment of
  284  the surcharge to the program division. All surcharges are due
  285  not later than the 10th day of the month following the calendar
  286  month in which they were incurred, and thereafter shall bear
  287  interest at the rate of 1 percent per month. If the amount of
  288  surcharge due for a given period is assessed without allocating
  289  it to any particular month, the interest begins accruing on the
  290  date of the assessment. Whenever cigarettes are shipped from
  291  outside the state to anyone other than a distributing agent or
  292  wholesale dealer, the person receiving the cigarettes is
  293  responsible for the surcharge on the cigarettes and payment of
  294  the surcharge to the program division.
  295         (7) It is the legislative intent that the surcharge on
  296  cigarettes be uniform throughout the state.
  297         (8) The surcharge levied under this section shall be
  298  administered, collected, and enforced in the same manner as the
  299  tax imposed under s. 210.02.
  300         (9) Revenue produced from the surcharge levied under this
  301  section shall be deposited into the Health Care Trust Fund
  302  within the Agency for Health Care Administration.
  303         Section 5. Subsection (6) of section 210.02, Florida
  304  Statutes, is amended to read:
  305         210.02 Cigarette tax imposed; collection.—
  306         (6) This tax shall be paid by the dealer to the program
  307  division for deposit and distribution as hereinafter provided
  308  upon the first sale or transaction within the state, whether or
  309  not such sale or transfer be to the ultimate purchaser or
  310  consumer. The seller or dealer shall collect the tax from the
  311  purchaser or consumer, and the purchaser or consumer shall pay
  312  the tax to the seller. The seller or dealer is shall be
  313  responsible for the collection of the tax and the payment of the
  314  same to the program division. All taxes are due not later than
  315  the 10th day of the month following the calendar month in which
  316  they were incurred, and thereafter shall bear interest at the
  317  rate of 1 percent per month. If the amount of tax due for a
  318  given period is assessed without allocating it to any particular
  319  month, the interest shall begin with the date of the assessment.
  320  Whenever cigarettes are shipped from outside the state to anyone
  321  other than a distributing agent or wholesale dealer, the person
  322  receiving the cigarettes is shall be responsible for the tax on
  323  the said cigarettes and the payment of same to the program
  324  division.
  325         Section 6. Section 210.021, Florida Statutes, is amended to
  326  read:
  327         210.021 Filing of returns and payment of taxes by certified
  328  check or electronic means funds transfer.—
  329         (1) The Secretary of Business and Professional Regulation
  330  may require A dealer who sells cigarettes within the state and
  331  has paid $20,000 or more in tax in the previous state fiscal
  332  year must to remit by certified check or electronic funds
  333  transfer any tax imposed under s. 210.02 by electronic funds
  334  transfer and make a return in a manner that is initiated through
  335  an electronic data interchange.
  336         (2) The provisions of this section are in addition to the
  337  requirements of s. 213.755 to file returns and remit payments to
  338  the program by electronic means. The Secretary of Business and
  339  Professional Regulation shall require for a period not to exceed
  340  12 months that a dealer or agent, during the dealer’s or agent’s
  341  initial period of licensure or appointment, remit by certified
  342  check or electronic funds transfer any tax imposed under s.
  343  210.02.
  344         (3) The division shall adopt rules pursuant to ss.
  345  120.536(1) and 120.54 to administer this section.
  346         Section 7. Subsections (6), (8), and (9) of section 210.04,
  347  Florida Statutes, are amended to read:
  348         210.04 Construction; exemptions; collection.—
  349         (6) The sale of single or loose unpacked cigarettes is
  350  prohibited. The program division may authorize any person to
  351  give away sample packages of cigarettes, each to contain not
  352  less than two cigarettes upon which the taxes have been paid.
  353         (8) Except as hereinafter provided, all agents are shall be
  354  liable for the collection and payment of the tax imposed by this
  355  part and shall pay the tax to the program division by
  356  purchasing, under such regulations as it may shall prescribe,
  357  adhesive stamps of such design and denominations as it may shall
  358  prescribe.
  359         (9) Agents, located within or without the state, shall
  360  purchase stamps and affix such stamps in the manner prescribed
  361  to packages or containers of cigarettes to be sold, distributed,
  362  or given away within the state, in which case any dealer
  363  subsequently receiving such stamped packages of cigarettes will
  364  not be required to purchase and affix stamps on such packages of
  365  cigarettes. However, the program division may, in its
  366  discretion, authorize manufacturers to distribute in the state
  367  free sample packages of cigarettes containing not less than 2 or
  368  more than 20 cigarettes without affixing any surcharge and tax
  369  stamps provided copies of shipping invoices on such cigarettes
  370  are furnished, and payment of all surcharges and taxes imposed
  371  on such cigarettes by law is made, directly to the program
  372  division not later than the 10th day of each calendar month. The
  373  surcharge and tax on cigarettes in sample packages shall be
  374  based on a unit in accordance with the surcharges levied under
  375  s. 210.011(1) and the taxing provisions of s. 210.02(1).
  376         Section 8. Subsections (2), (3), and (4) of section 210.05,
  377  Florida Statutes, are amended to read:
  378         210.05 Preparation and sale of stamps; discount.—
  379         (2) The program may division shall prescribe, prepare, and
  380  furnish stamps of such denominations and quantities as may be
  381  necessary for the payment of the tax imposed by this part, and
  382  may from time to time and as often as it deems advisable provide
  383  for the issuance and exclusive use of stamps of a new design and
  384  forbid the use of stamps of any other design. However, all
  385  stamps prescribed by the program division must be designed and
  386  furnished in a fashion that permits identification of the agent
  387  or wholesale dealer that affixed the stamp to the particular
  388  package of cigarettes by means of a serial number or other mark
  389  on the stamp. The program division shall make provisions for the
  390  sale of such stamps at such places and at such time as it may
  391  deem necessary.
  392         (3)(a) The division may appoint dealers in cigarettes,
  393  approved by the program manufacturers of cigarettes, within or
  394  without the state as agent to buy or affix stamps to be used in
  395  paying the tax herein imposed, but an agent shall at all times
  396  have the right to appoint a person in his or her employ who is
  397  to affix the stamps to any cigarettes under the agent’s control;
  398  provided, however, that any wholesale dealer in the state has
  399  shall have the right to buy and affix such stamps. Whenever the
  400  program division shall sell and deliver to any such agent or
  401  wholesaler any such stamps, such agent or wholesaler is shall be
  402  entitled to receive as compensation for his or her services and
  403  expenses as such agent or wholesaler in affixing and accounting
  404  for the taxes represented by such stamps and to retain out of
  405  the moneys to be paid by the agent or wholesaler for such stamps
  406  a discount of 2 percent of the par value of any amount of stamps
  407  purchased during any fiscal year from July 1 through June 30 of
  408  the following year, provided the discount shall be computed on
  409  the basis of 24 cents per pack. A No such discount is not shall
  410  be allowed to a dealer, vendor, or distributor who sells or
  411  deals in any form of candy which resembles drug paraphernalia.
  412  Stamping locations approved by the program are division shall be
  413  responsible for computing the discount they receive pursuant to
  414  this paragraph, and the said computations shall be retained by
  415  the stamping location for a period of 5 years and shall be
  416  available to the program division. All stamps purchased from the
  417  division under this part shall be paid for in cash on delivery,
  418  except as hereinafter provided.
  419         (b) Each agent appointed by the division and approved by
  420  the program to affix stamps may shall be authorized to purchase
  421  stamps by furnishing an irrevocable letter of credit or
  422  unconditional guaranty contract or by executing bond with a
  423  solvent surety company qualified to do business in this state,
  424  in an amount of 110 percent of the agent’s estimated tax
  425  liability for 30 days, but not less than $2,000, conditioned
  426  upon the said agent paying all taxes due the state arising
  427  hereunder. This form of payment in lieu of cash on delivery or
  428  its equivalent shall not preclude supplemental purchases for
  429  cash. Payment for each month’s liability is shall be due on or
  430  before the 10th day of the month following the month in which
  431  the stamps were sold. Default in the aforesaid bonding and
  432  payment provisions by any agent may result in the revocation of
  433  his or her privilege to purchase stamps except for cash on
  434  delivery for a period up to 12 months in the discretion of the
  435  program division.
  436         (4) Upon the program’s direction, the division shall may in
  437  its discretion revoke the authority of any agent failing to
  438  comply with the requirements of this part or the rules adopted
  439  and regulations promulgated hereunder, and such agent may in
  440  addition be punished in accordance with the provisions of this
  441  part.
  442         Section 9. Subsection (4) of section 210.06, Florida
  443  Statutes, is amended to read:
  444         210.06 Affixation of stamps; presumption.—
  445         (4) Stamps shall be affixed to each package of cigarettes
  446  of an aggregate denomination not less than the amount of the tax
  447  upon the contents therein, and shall be affixed in such manner
  448  as to be visible to the purchaser. All stamps shall be affixed
  449  in the manner prescribed by the program division. The state may
  450  not impose an additional charge on stamps for printing costs.
  451         Section 10. Section 210.07, Florida Statutes, is amended to
  452  read:
  453         210.07 Cigarette vending Metering machines.—
  454         (1)(a) The tax may also be paid through the use of
  455  cigarette tax stamp insignia to be applied by the use of
  456  metering machines. The division shall prescribe and promulgate
  457  appropriate rules and regulations governing the use of metering
  458  machines, the procedure for the payment of such cigarette taxes
  459  through the use thereof, requiring adequate surety bonds of the
  460  users thereof to assure the proper use of such machines and
  461  payment of all cigarette taxes that might come due by the users
  462  thereof, and all other rules and regulations necessary and
  463  proper to govern the use of same.
  464         (b) The provisions of s. 210.05(3)(a) and (b) shall be
  465  applicable to cigarette taxes paid through the use of metering
  466  machines.
  467         (2) All provisions of this part governing the use of
  468  cigarette tax stamps, the compiling of records, the making of
  469  reports, permits and revocation of permits, seizures and
  470  forfeitures, penalties, and all other provisions pertaining to
  471  the payment of cigarette taxes through the use of stamps, shall
  472  likewise be applicable to the payment of said taxes through the
  473  use of metering machines.
  474         (1)(3) Wholesale or retail dealers of cigarettes owning,
  475  leasing, furnishing, or operating cigarette vending machines
  476  shall affix to each such machine, in a conspicuous place, an
  477  identification sticker furnished by the division. Every sticker
  478  must shall show the vending machine serial number and the name
  479  and address of the cigarette wholesale or retail dealer owning,
  480  leasing, furnishing, or operating said vending machine.
  481         (2)(4) No vending machine shall be allowed to operate in
  482  the state that does not have affixed thereto the identification
  483  sticker required by this section nor shall any vending machine
  484  be allowed to operate in the state that does not display at all
  485  times at least one package of each brand of the packages located
  486  therein so the same are clearly visible and arranged in such a
  487  manner that the cigarette tax stamps or meter impressions of
  488  stamps affixed thereto are clearly visible. It is shall be the
  489  duty of any person, firm or corporation operating a cigarette
  490  vending machine in this state to furnish the division the
  491  location of the vending machine and to report within 30 days to
  492  the division any change of location of the vending machine.
  493         Section 11. Section 210.08, Florida Statutes, is amended to
  494  read:
  495         210.08 Bond for payment of taxes.—Each dealer, agent, or
  496  distributing agent shall file with the division a surety bond,
  497  certificate of deposit, or irrevocable letter of credit
  498  acceptable to the program division in an amount equal to 110
  499  percent of the estimated tax liability for 30 days, but not less
  500  than $2,000.
  501         Section 12. Section 210.09, Florida Statutes, is amended to
  502  read:
  503         210.09 Records to be kept; reports to be made;
  504  examination.—
  505         (1)(a) Every person who possesses shall possess or
  506  transports transport any unstamped cigarettes upon the public
  507  highways, roads, or streets of the state, is shall be required
  508  to have in his or her actual possession invoices or delivery
  509  tickets for such cigarettes. The absence of such invoices or
  510  delivery tickets is shall be prima facie evidence that the such
  511  person is a dealer in cigarettes in this state and subject to
  512  the provisions of this part.
  513         (b) Any person who ships unstamped cigarette packages into
  514  this state other than to a manufacturer, an importer, or a
  515  distributing agent representing a manufacturer or an importer,
  516  or dealer holding a valid, current permit pursuant to s. 210.15
  517  shall first file with the program division a notice of such
  518  shipment. This paragraph does shall not apply to any common or
  519  contract carrier that:
  520         1. Is transporting cigarettes through this state to another
  521  location outside this state under a proper bill of lading or
  522  freight bill that states the quantity, source, and destination
  523  of such cigarettes or to cigarettes shipped or otherwise
  524  transported pursuant to s. 210.04(9); or
  525         2. Does not issue paper bills of lading or freight bills
  526  and does not obtain specific information about the contents of
  527  the shipment that includes a description of the freight carried
  528  but uses electronic shipping documents as part of its ordinary
  529  course of business to provide transportation services for
  530  individually addressed packages weighing less than 150 pounds,
  531  which electronic shipping documents shall be made available for
  532  inspection upon request.
  533         (c) In any case in which the division or its duly
  534  authorized agent, or any law enforcement officer of this state,
  535  has probable cause to believe that any vehicle is transporting
  536  cigarettes in violation of this part, the division, the such
  537  agent, or the such law enforcement officer is authorized to stop
  538  the such vehicle and inspect the vehicle for contraband
  539  cigarettes.
  540         (2) The program may adopt division is authorized to
  541  prescribe and promulgate by rule rules and regulations, which
  542  shall have the force and effect of the law, such records to be
  543  kept and reports to be made to the program division by any
  544  manufacturer, importer, distributing agent, wholesale dealer,
  545  retail dealer, common carrier, or any other person handling,
  546  transporting or possessing cigarettes for sale or distribution
  547  within the state as may be necessary to collect and properly
  548  distribute the taxes imposed by s. 210.02. All reports shall be
  549  made on or before the 10th day of the month following the month
  550  for which the report is made, unless the program division by
  551  rule or regulation shall prescribe that reports be made more
  552  often.
  553         (3) All manufacturers, importers, distributing agents,
  554  wholesale dealers, agents, or retail dealers shall maintain and
  555  keep for a period of 3 years at the place of business where any
  556  transaction takes place, such records of cigarettes received,
  557  sold, or delivered within the state as may be required by the
  558  program division. The program or division or their its duly
  559  authorized representative is hereby authorized to examine the
  560  books, papers, invoices, and other records, the stock of
  561  cigarettes in and upon any premises where the same are placed,
  562  stored, and sold, and the equipment of any such manufacturers,
  563  importers, distributing agents, wholesale dealers, agents, or
  564  retail dealers, pertaining to the sale and delivery of
  565  cigarettes taxable under this part. To verify the accuracy of
  566  the tax imposed and assessed by this part, each person is hereby
  567  directed and required to give to the program division or its
  568  duly authorized representatives the means, facilities, and
  569  opportunity for such examinations as are herein provided for and
  570  required.
  571         (4)(a) All persons who are either cigarette manufacturers,
  572  importers, wholesalers, or distributing agents, and agents and
  573  employees of the same, shall are required to keep daily sales
  574  tickets or invoices of cigarette sales and it is shall be the
  575  duty of these said persons to see that each sales ticket and
  576  invoice handled by them or on behalf of them show the correct
  577  name and address to whom sold and the number of packages or
  578  cartons of each brand sold. It is shall also be the duty of
  579  these said persons to see that each sales ticket or invoice
  580  correctly shows whether the same is inside or outside of a
  581  qualified municipality and if the sale is made within the limits
  582  of a qualified municipality, the correct name of the
  583  municipality must be indicated.
  584         (b) The division shall suspend or revoke the license of any
  585  person who is either a cigarette wholesaler, vending machine
  586  operator, or distributing agent upon notification from the
  587  program of sufficient cause appearing that this person or his or
  588  her agent or employee has the said persons, their agents or
  589  employees have failed to keep daily sales tickets or invoices in
  590  accordance with this section.
  591         (5) Common carriers in this state are required to report to
  592  the program division all packages or cartons of unstamped
  593  cigarettes which are refused by the consignee because of damage
  594  or otherwise. Authority in writing from the program division
  595  must be obtained to sell or dispose of such unstamped
  596  cigarettes. Any dealer or distributing agent, who refuses any
  597  shipment or part of a shipment of unstamped cigarettes, must
  598  show in the next monthly report to the program division the
  599  number of packages or cartons of cigarettes refused and the name
  600  of the common carrier from whom the cigarettes were refused.
  601         (6) In addition to the reporting requirements in this
  602  chapter, wholesale dealers must also provide the program with
  603  information regarding sales to the retail dealers: the names,
  604  addresses, retail tobacco products dealer permit numbers, and
  605  resale certificate numbers; the invoice numbers; the dates the
  606  products were sold; the quantity of each type of product sold;
  607  and the sales price of each type of product sold on their
  608  monthly returns.
  609         Section 13. Paragraph (b) of subsection (2), paragraphs (a)
  610  and (b) of subsection (6), and subsection (7) of section
  611  210.095, Florida Statutes, are amended to read:
  612         210.095 Mail order, Internet, and remote sales of tobacco
  613  products; age verification.—
  614         (2)
  615         (b) A retailer must obtain a license from the division
  616  pursuant to the requirements of this chapter before accepting an
  617  order for a delivery sale.
  618         (6)(a) Before making sales or shipping tobacco products in
  619  connection with sales, a person shall file with the program
  620  division a statement providing the person’s name, trade name,
  621  and the address of the person’s principal place of business, as
  622  well as any other place of business.
  623         (b) No later than the 10th day of each month, each person
  624  who has made a sale or mailed, shipped, or otherwise delivered
  625  tobacco products in connection with any sale during the previous
  626  calendar month shall file with the program division a memorandum
  627  or a copy of the invoice, providing for each sale:
  628         1. The name and address of the individual who submitted the
  629  order for the sale.
  630         2. The name and address of the individual who accepted
  631  delivery of the tobacco products.
  632         3. The name and address of the person who accepted the
  633  order for the sale of the tobacco products.
  634         4. The name and address of the delivery service and the
  635  name of the individual making the delivery.
  636         5. The brand or brands of the tobacco products sold in the
  637  sale.
  638         6. The quantity of each brand of tobacco products sold in
  639  the sale.
  640         (7) Each person accepting a purchase order for a delivery
  641  sale shall collect and remit to the program division all taxes
  642  imposed on tobacco products by this state with respect to the
  643  delivery sale. With respect to cigarettes, the collection and
  644  remission are not required if the person has obtained proof in
  645  the form of the presence of applicable tax stamps or tax-exempt
  646  stamps, or other proof that the taxes have already been paid to
  647  this state.
  648         Section 14. Section 210.11, Florida Statutes, is amended to
  649  read:
  650         210.11 Refunds; sales of stamps and payment of tax.
  651  Whenever any cigarettes upon which stamps have been placed, or
  652  upon which the tax has been paid by metering machine, have been
  653  sold and shipped into another state for sale or use therein, or
  654  have become unfit for use and consumption or unsalable, or have
  655  been destroyed, the dealer involved is shall be entitled to a
  656  refund or credit of the actual amount of the tax paid with
  657  respect to such cigarettes less any discount allowed by the
  658  program division in the sale of the stamps or payment of the tax
  659  by metering machine, upon receipt of satisfactory evidence of
  660  the dealer’s right to receive such refund or credit, provided
  661  application for refund or credit is made within 9 months of the
  662  date the cigarettes were shipped out of the state, became unfit,
  663  or were destroyed. Only the program division shall sell, or
  664  offer for sale, any stamp or stamps issued under this part. The
  665  program division may redeem unused stamps lawfully in the
  666  possession of any person. The program division may prescribe
  667  necessary rules and regulations concerning refunds, credits,
  668  sales of stamps, and redemptions under the provisions of this
  669  part. Appropriation is hereby made out of revenues collected
  670  under this part for payment of such allowances.
  671         Section 15. Subsections (1), (5), (6), (7), and (8) of
  672  section 210.12, Florida Statutes, are amended to read:
  673         210.12 Seizures; forfeiture proceedings.—
  674         (1) The state, acting by and through the division, may
  675  shall be authorized and empowered to seize, confiscate, and
  676  forfeit any cigarettes upon which taxes payable hereunder may be
  677  unpaid or that are otherwise held in violation of the
  678  requirements of this chapter, and also any vending machine or
  679  receptacle in which cigarettes upon which taxes have not been
  680  paid are held for sale, or any vending machine that does not
  681  have affixed thereto the identification sticker required by the
  682  provisions of s. 210.07, or which does not display at all times
  683  at least one package of each brand of cigarettes located therein
  684  so the same is clearly visible and arranged in such a manner
  685  that the cigarette tax stamp or meter impression of the stamp
  686  affixed thereto is clearly visible. Such seizure may be made by
  687  the division, its duly authorized representative, any sheriff or
  688  deputy sheriff, or any police officer.
  689         (5) From the proceeds of any sale hereunder the program
  690  division shall collect the tax on the property, together with a
  691  penalty of 50 percent thereof and the costs incurred in such
  692  proceedings; the balance, if any, shall be payable by the
  693  program division to the person in whose possession the said
  694  property was found or as the court may direct.
  695         (6) The distribution by the program division of the
  696  proceeds of the sale from any cigarettes or other property that
  697  may be forfeited and confiscated hereunder shall, after the
  698  payment of expenses of such forfeiture, be governed by the
  699  provisions of this part.
  700         (7) A No sale may not shall be made hereunder to any person
  701  except a licensed wholesale or retail dealer authorized to
  702  engage in the sale of cigarettes under the laws of Florida. All
  703  sales shall be made to the highest and best bidder for cash. The
  704  program division shall provide for the payment of any taxes
  705  payable upon any cigarettes sold hereunder before the same are
  706  delivered to any purchaser.
  707         (8) The state attorney for the judicial circuit in which
  708  such property was seized shall act as the attorney for the
  709  program and division in such confiscation and forfeiture
  710  proceedings.
  711         Section 16. Section 210.13, Florida Statutes, is amended to
  712  read:
  713         210.13 Determination of tax on failure to file a return.—If
  714  a dealer fails to file any return required under this part, or
  715  having filed an incorrect or insufficient return, fails to file
  716  a correct or sufficient return, as the case may require, within
  717  10 days after the giving of notice to the dealer by the program
  718  Division of Alcoholic Beverages and Tobacco that such return or
  719  corrected or sufficient return is required, the program division
  720  shall determine the amount of tax due by the such dealer any
  721  time within 3 years after the making of the earliest sale
  722  included in such determination and give written notice of such
  723  determination to such dealer. Such a determination shall finally
  724  and irrevocably fix the tax unless the dealer against whom it is
  725  assessed shall, within 30 days after the giving of notice of
  726  such determination, apply to the program division for a hearing
  727  with the division. Judicial review may shall not be granted
  728  unless the amount of tax stated in the decision, with penalties
  729  thereon, if any, shall have been first deposited with the
  730  program division, and an undertaking or bond filed in the court
  731  in which such cause may be pending in such amount and with such
  732  sureties as the court shall approve, conditioned that if such
  733  proceeding be dismissed or the decision of the division
  734  confirmed, the applicant for review will pay all costs and
  735  charges which may accrue against the applicant in the
  736  prosecution of the proceeding. At the option of the applicant,
  737  such undertaking or bond may be in an additional sum sufficient
  738  to cover the tax, penalties, costs, and charges aforesaid, in
  739  which event the applicant shall not be required to pay such tax
  740  and penalties precedent to the granting of such review by such
  741  court.
  742         Section 17. Subsections (1) and (3) of section 210.14,
  743  Florida Statutes, are amended to read:
  744         210.14 Warrant for collection of taxes.—
  745         (1) In addition to all other remedies for the collection of
  746  any taxes due under the provisions of this part, the program
  747  division may issue a warrant under its official seal, which
  748  warrant may be filed by the program division in the office of
  749  the clerk of the circuit court of any county where the
  750  delinquent taxpayer owns property. Upon presentation of the
  751  warrant, the clerk of the circuit court shall enter it in the
  752  judgment docket. The name of the person mentioned in the
  753  warrant, the amount of the tax and penalties for which the
  754  warrant was issued, and the date such copy was filed shall be
  755  included in the record of the warrant. The clerk is shall be
  756  allowed the same fees as are allowed by law for similar services
  757  rendered in judgment execution proceedings. The warrant issued
  758  by the program division may then be directed to the sheriff of
  759  any county commanding that sheriff to levy upon and sell the
  760  goods and chattels of the specified delinquent person found
  761  within the sheriff’s jurisdiction, for the payment of the amount
  762  of such delinquency plus a penalty equal to 50 percent of the
  763  amount thereof, and interest on the total at 1 percent per month
  764  and the cost of executing the warrant, and to return such
  765  warrant to the program division and to pay it the money
  766  collected by virtue thereof within 60 days after receipt of such
  767  warrant.
  768         (3) In the discretion of the program division, a warrant of
  769  like terms, force, and effect may be issued and directed to any
  770  officer or employee of the program division; and in the
  771  execution thereof such officer or employee shall have all the
  772  power conferred by law upon sheriffs, but are shall be entitled
  773  to no fee or compensation in excess of the actual expenses paid
  774  in the performance of such duty. If a warrant is returned not
  775  satisfied in full, the program division may from time to time
  776  issue new warrants and shall also have the same remedies to
  777  enforce the amount due thereunder as if the state had recovered
  778  judgment therefor and execution thereon had been returned
  779  satisfied.
  780         Section 18. Section 210.15, Florida Statutes, is amended to
  781  read:
  782         210.15 Permits.—
  783         (1)(a) Every person, firm, or corporation desiring to
  784  engage in business as a manufacturer, importer, exporter,
  785  distributing agent, or wholesale dealer of cigarettes within
  786  this state shall file with the division an application for a
  787  cigarette permit for each place of business located within this
  788  state or, in the absence of such place of business in this
  789  state, for wherever its principal place of business is located.
  790  Every application for a cigarette permit shall be made on forms
  791  furnished by the division and shall set forth the name under
  792  which the applicant transacts or intends to transact business,
  793  the location of the applicant’s place of business within the
  794  state, if any, and such other information as the division may
  795  require. If the applicant has or intends to have more than one
  796  place of business dealing in cigarettes within this state, the
  797  application shall state the location of each place of business.
  798  If the applicant is an association, the application shall set
  799  forth the names and addresses of the persons constituting the
  800  association, and if a corporation, the names and addresses of
  801  the principal officers thereof and any other information
  802  prescribed by the division for the purpose of identification.
  803  The application shall be signed and verified by oath or
  804  affirmation by the owner, if a natural person, and in the case
  805  of an association or partnership, members or partners thereof,
  806  and in the case of a corporation, by an executive officer
  807  thereof or by any person specifically authorized by the
  808  corporation to sign the application, to which shall be attached
  809  the written evidence of this authority.
  810         (b) Permits shall be issued only to persons of good moral
  811  character, who are not less than 18 years of age. Permits to
  812  corporations shall be issued only to corporations whose officers
  813  are of good moral character and not less than 18 years of age.
  814  There shall be no exemptions from the permit fees herein
  815  provided to any persons, association of persons, or corporation,
  816  any law to the contrary notwithstanding.
  817         (c) A No permit under this part or chapter 569 may not
  818  shall be issued, maintained, or renewed if the applicant, its
  819  officers, or any person or persons owning directly or
  820  indirectly, in the aggregate, more than 10 percent of the
  821  ownership interests in the applicant:
  822         1. Has been finally adjudicated as owing $500 or more in
  823  delinquent cigarette taxes;
  824         2. Had a permit revoked by the division within the previous
  825  2 years;
  826         3. Has been convicted of selling stolen or counterfeit
  827  cigarettes, receiving stolen cigarettes, or being involved in
  828  the counterfeiting of cigarettes;
  829         4. Has been convicted within the past 5 years of any
  830  offense against the cigarette laws of this state or convicted in
  831  this state, any other state, or the United States during the
  832  past 5 years of any offense designated as a felony by such state
  833  or the United States, or to a corporation, any of whose officers
  834  have been so convicted. The term “convicted” includes shall
  835  include an adjudication of guilt on a plea of guilty or a plea
  836  of nolo contendere, or the forfeiture of a bond when charged
  837  with a crime;
  838         5. Has imported, or caused to be imported, into the United
  839  States any cigarette in violation of 19 U.S.C. s. 1681a; or
  840         6. Has imported, or caused to be imported, into the United
  841  States, or manufactured for sale or distribution in the United
  842  States, any cigarette that does not fully comply with the
  843  Federal Cigarette Labeling and Advertising Act (15 U.S.C. ss.
  844  1331 et seq.).
  845         (d) The division may refuse to issue a permit to any
  846  person, firm, or corporation whose permit under the cigarette
  847  law has been revoked, to any corporation an officer of which has
  848  had his or her permit under the cigarette law revoked, or to any
  849  person who is or has been an officer of a corporation whose
  850  permit has been revoked under the cigarette law. Any permit
  851  issued to a firm or corporation prohibited from obtaining such
  852  permit under the cigarette law may be revoked by the division.
  853         (e) Before Prior to an application for a distributing
  854  agent, wholesale dealer, or exporter permit is being approved,
  855  the applicant shall file a set of fingerprints on forms provided
  856  by the division. The applicant shall also file a set of
  857  fingerprints for any person or persons interested directly or
  858  indirectly with the applicant in the business for which the
  859  permit is being sought, when so required by the division. If the
  860  applicant or any person interested with the applicant, either
  861  directly or indirectly, in the business for which the permit is
  862  sought shall be such a person as is within the definition of
  863  persons to whom a permit shall be denied, then the application
  864  may be denied by the division. If the applicant is a
  865  partnership, all members of the partnership are required to file
  866  said fingerprints, or if a corporation, all principal officers
  867  of the corporation are required to file said fingerprints. The
  868  cigarette permit for a manufacturer, importer, distributing
  869  agent, wholesale dealer, or exporter shall be originally issued
  870  at a fee of $100, which sum is to cover the cost of the
  871  investigation required before issuing such permit.
  872         (f) The cigarette permits issued under this section shall
  873  be renewed from year to year at an annual cost of $100, on or
  874  before July 1, upon making application to the division and upon
  875  payment of the annual renewal fee.
  876         (g) Permittees, by acceptance of their permits, agree that
  877  their places of business or vehicles transporting cigarettes are
  878  shall always be subject to be inspected and searched without a
  879  search warrant for the purpose of ascertaining that all
  880  provisions of this part are complied with by authorized
  881  employees of the division and also by sheriffs, deputy sheriffs,
  882  and police officers during business hours or during any other
  883  time such premises are occupied by the permittee or other
  884  persons. Retail cigarette dealers and manufacturers’
  885  representatives, by dealing in cigarettes, agree that their
  886  places of business or vehicles transporting cigarettes shall
  887  always be subject to inspection and search without a search
  888  warrant for the purpose of ascertaining that all provisions of
  889  this part are complied with by authorized employees of the
  890  division and also by sheriffs, deputy sheriffs, and police
  891  officers during business hours or other times when the premises
  892  are occupied by the retail dealer or manufacturers’
  893  representatives or other persons.
  894         (h) No Retail sales of cigarettes may not be made at a
  895  location for which a wholesale dealer, distributing agent, or
  896  exporter permit has been issued. The excise tax on sales made to
  897  any traveling location, such as an itinerant store or industrial
  898  caterer, shall be paid into the General Revenue Fund
  899  unallocated. Cigarettes may be purchased for retail purposes
  900  only from a person holding a wholesale dealer permit. The
  901  invoice for the purchase of cigarettes must show the place of
  902  business for which the purchase is made and the cigarettes
  903  cannot be transferred to any other place of business for the
  904  purpose of resale.
  905         (i) A permit or license may not be issued by the division
  906  to an applicant who is not a registered dealer with the program
  907  or to an applicant with an outstanding tax warrant for more than
  908  3 months from the program.
  909         (2) The program division may not furnish stamps or approve
  910  the use of meter machines to evidence the payment of the taxes
  911  on cigarettes except to qualified wholesale dealers.
  912         (3) Upon approval of the application, the division shall
  913  grant and issue to each applicant a cigarette permit for each
  914  place of business set forth in the application. Cigarette
  915  permits are shall not be assignable and are shall be valid only
  916  for the persons in whose names issued and for the transaction of
  917  business at the places designated therein and shall at all times
  918  be conspicuously displayed at the places for which issued.
  919         (4) All permits of distributing agents, wholesale dealers,
  920  or exporters shall remain in force and effect until July 1
  921  following their issuance, or until suspended or revoked for
  922  cause by the division, or surrendered by the permitholder.
  923         (5) Whenever any permit issued under the provisions of this
  924  part is destroyed or lost, the holder thereof shall immediately
  925  make application for a duplicate permit on a form prescribed by
  926  the division, which application shall be filed with the
  927  division. The said application shall be under oath and shall
  928  state that the applicant is a holder of a valid permit which has
  929  been destroyed or lost as the case may be and that the said
  930  permit has not been suspended or revoked for cause by the
  931  division or surrendered by the permitholder.
  932         (6) Applicants for a permit hereunder, by the acceptance of
  933  such permit, agree that their places of business covered by such
  934  permit are shall always be subject to be inspected and searched
  935  without search warrant by the division or any of its authorized
  936  assistants and also by sheriffs, deputy sheriffs or police
  937  officers.
  938         (7) The division shall adopt promulgate suitable rules to
  939  administer for carrying out the provisions of this section.
  940         (8) Every person, firm, corporation, or business entity who
  941  deals in, or sells, stores, or operates as a wholesale dealer
  942  in, cigarettes, or who acts as a cigarette distributing agent or
  943  exporter in any manner whatsoever, and who does so without a
  944  cigarette permit as required by this section commits is guilty
  945  of a misdemeanor of the first degree, punishable as provided in
  946  s. 775.082 or s. 775.083.
  947         Section 19. Section 210.16, Florida Statutes, is amended to
  948  read:
  949         210.16 Revocation or suspension of permit.—
  950         (1) The Division of Alcoholic Beverages and Tobacco may is
  951  given full power and authority to revoke the permit of any
  952  person receiving a permit to engage in business under this part
  953  or chapter 569 for violation of any of the provisions of this
  954  part or chapter 569.
  955         (2) The division shall revoke the permit or permits of any
  956  person who would be ineligible to obtain a new license or renew
  957  a license by reason of any of the conditions for permitting
  958  provided in s. 210.15(1)(c)1.-6.
  959         (3) The division may suspend for a reasonable period of
  960  time or revoke, in its discretion, the permits issued under the
  961  provisions of this part or chapter 569 to any person who has
  962  violated any other provision of this part or chapter 569.
  963         (4) A No person whose permit for any place of business has
  964  been revoked may not shall engage in business under this part or
  965  chapter 569 at such place of business after such revocation
  966  until a new permit is issued. A No person whose permit for any
  967  place of business has been revoked is not shall be permitted to
  968  have the said permit renewed, or to obtain an additional
  969  cigarette permit for any other place of business, for a period
  970  of 2 years after the date such revocation becomes final.
  971         (5) In addition to the suspension or revocation of permits,
  972  the division may impose civil penalties against holders of
  973  permits for violations of this part or rules and regulations
  974  relating thereto. A No civil penalty so imposed may not shall
  975  exceed $2,500 for each offense, and all amounts collected shall
  976  be deposited with the Chief Financial Officer to the credit of
  977  the General Revenue Fund. If the holder of the permit fails to
  978  pay the civil penalty, his or her permit shall be suspended for
  979  such period of time as the division may specify.
  980         (6) The division may suspend or revoke a permit or license
  981  if a tax warrant issued by the Department of Revenue has been
  982  outstanding against the license or permitholder for more than 3
  983  months.
  984         Section 20. Section 210.1605, Florida Statutes, is amended
  985  to read:
  986         210.1605 Renewal of permit.—
  987         (1) A permit may be renewed after its expiration only by
  988  filing with the division a delinquent application for approval
  989  and upon payment of a penalty of $20 for each month or part of a
  990  month of such delinquency. A permit not renewed within 60 days
  991  after its expiration date shall be canceled by the division
  992  unless the permit is involved in litigation. However, the
  993  division may allow a permittee to renew a permit after the 60
  994  day period for good and sufficient cause.
  995         (2) The division may deny an application to renew a permit
  996  or license if a tax warrant from the program has been
  997  outstanding against the applicant for more than 3 months.
  998         (3)(2) Any fee or penalty collected under the provisions of
  999  this section shall be deposited into the Alcoholic Beverage and
 1000  Tobacco Trust Fund.
 1001         Section 21. Section 210.161, Florida Statutes, is amended
 1002  to read:
 1003         210.161 Examination of records.—The program and division,
 1004  or any employee designated by it, may shall have the power and
 1005  authority to examine into the business, books, records, and
 1006  accounts of any permittee and to issue subpoenas to the said
 1007  permittee or any other person from whom information is desired
 1008  and to take depositions of witnesses within or without the
 1009  state. The program and division, or any employee designated by
 1010  it, may administer oaths and issue subpoenas. The provisions of
 1011  the civil law of the state in relation to enforcing obedience to
 1012  a subpoena lawfully issued by a judge or other person duly
 1013  authorized to issue subpoenas in civil cases shall apply to a
 1014  subpoena issued by the program or division, or any employee
 1015  designated by it, as authorized in this section, and may be
 1016  enforced by writ of attachment to be issued by the program or
 1017  division, or any employee designated by it, for such witness to
 1018  compel him or her to attend before the program or division, or
 1019  any employee designated by it, and give testimony and to bring
 1020  and produce such books, papers, and documents as may be required
 1021  for examination. The program or division, or any employee
 1022  designated by it, may punish any willful refusal to so appear or
 1023  give testimony by citation of any witness before the circuit
 1024  court which shall punish such witness for contempt as in cases
 1025  of refusal to obey the orders and process of the circuit court.
 1026  The program or division may in such cases pay such attendance
 1027  and mileage fees as are permitted to witnesses in civil cases
 1028  appearing before the circuit court.
 1029         Section 22. Section 210.18, Florida Statutes, is amended to
 1030  read:
 1031         210.18 Penalties for tax evasion; reports by sheriffs.—
 1032         (1) Any person who possesses or transports any unstamped
 1033  packages of cigarettes upon the public highways, roads, or
 1034  streets in the state for the purpose of sale; or who sells or
 1035  offers for sale unstamped packages of cigarettes in violation of
 1036  the provisions of this part; or who willfully attempts in any
 1037  manner to evade or defeat any tax imposed by this part, or the
 1038  payment thereof, commits is guilty of a misdemeanor of the first
 1039  degree, punishable as provided in s. 775.082 or s. 775.083. Any
 1040  person who has been convicted of a violation of any provision of
 1041  the cigarette tax law and who is thereafter convicted of a
 1042  subsequent further violation of the cigarette tax law is, upon
 1043  conviction of such further offense, guilty of a felony of the
 1044  third degree, punishable as provided in s. 775.082, s. 775.083,
 1045  or s. 775.084.
 1046         (2) Except as otherwise provided in this section, any
 1047  person who fails, neglects, or refuses to comply with, or
 1048  violates the provisions of, this part or the rules adopted by
 1049  the program or division under this part commits a misdemeanor of
 1050  the first degree, punishable as provided in s. 775.082 or s.
 1051  775.083. Any person who has been convicted of a violation of any
 1052  provision of the cigarette tax law and who is thereafter
 1053  convicted of a further violation of the cigarette tax law is,
 1054  upon conviction of such further offense, guilty of a felony of
 1055  the third degree, punishable as provided in s. 775.082, s.
 1056  775.083, or s. 775.084.
 1057         (3) Any person who falsely or fraudulently makes, forges,
 1058  alters, or counterfeits any stamp or impression die used in
 1059  meter machines prescribed by the program division under the
 1060  provisions of this part; or, with intent to evade taxes, jams,
 1061  tampers with, or alters such a machine; or causes or procures to
 1062  be falsely or fraudulently made, forged, altered, or
 1063  counterfeited any such stamp or die; or knowingly and willfully
 1064  utters, purchases, passes or tenders as true any such false,
 1065  altered, or counterfeited stamp or die impression; or, with the
 1066  intent to defraud the state, fails to comply with any other
 1067  requirement of this part commits a felony of the third degree,
 1068  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1069         (4)(a) Any person or corporation that owns or is in
 1070  possession of any cigarettes upon which a tax is imposed by the
 1071  cigarette law, or would be imposed if such cigarettes were
 1072  manufactured in or brought into this state in accordance with
 1073  the regulatory provisions of the cigarette law, and upon which
 1074  such tax has not been paid is, in addition to the fines and
 1075  penalties otherwise provided in the cigarette law, personally
 1076  liable for the amount of the tax imposed on such cigarettes; and
 1077  the program division may collect such tax from such person or
 1078  corporation by suit or by restitution if the taxpayer is
 1079  convicted, found guilty, or pleads nolo contendere or guilty to
 1080  any crime under this chapter. This paragraph is applicable even
 1081  if adjudication is withheld.
 1082         (b) This subsection does not apply to a manufacturer or
 1083  distributor licensed under the cigarette law, to a state bonded
 1084  warehouse, or to a person possessing not in excess of three
 1085  cartons of such cigarettes, which cigarettes were purchased by
 1086  such possessor outside the state in accordance with the laws of
 1087  the place where purchased and brought into this state by such
 1088  possessor. The burden of proof that such cigarettes were
 1089  purchased outside the state and in accordance with the laws of
 1090  the place where purchased shall in all cases be upon the
 1091  possessor of such cigarettes.
 1092         (5)(a) All cigarettes on which taxes are imposed by the
 1093  cigarette law, or would be imposed if such cigarettes were
 1094  manufactured in or brought into this state in accordance with
 1095  the regulatory provisions of such law, which are found in the
 1096  possession or custody or within the control of any person for
 1097  the purpose of being sold or removed by him or her in fraud of
 1098  the cigarette law or with design to evade payment of such taxes
 1099  may be seized by the division or any supervisor, sheriff, deputy
 1100  sheriff, or other law enforcement agent and shall be forfeited
 1101  to the state.
 1102         (b) This subsection does not apply to a person possessing
 1103  not in excess of three cartons of cigarettes, which cigarettes
 1104  were purchased by such possessor outside the state in accordance
 1105  with the laws of the place where purchased and brought into this
 1106  state by such possessor.
 1107         (6)(a) Every person, firm, or corporation, other than a
 1108  licensee under the provisions of this part, who possesses,
 1109  removes, deposits, or conceals, or aids in the possessing,
 1110  removing, depositing, or concealing of, any unstamped cigarettes
 1111  is presumed to have knowledge that they have not been taxed and
 1112  commits a felony of the third degree, punishable as provided in
 1113  s. 775.082, s. 775.083, or s. 775.084.
 1114         (b) This section does not apply to a person possessing not
 1115  in excess of three cartons of such cigarettes purchased by such
 1116  possessor outside the state in accordance with the laws of the
 1117  place where purchased and brought into this state by such
 1118  possessor. The burden of proof that such cigarettes were
 1119  purchased outside the state and in accordance with the laws of
 1120  the place where purchased shall in all cases be upon the
 1121  possessor of such cigarettes.
 1122         (7) Any sheriff, deputy sheriff, police officer, or state
 1123  law enforcement officer, upon the seizure of any unstamped
 1124  cigarettes under this section, shall promptly report such
 1125  seizure to the division or its representative, together with a
 1126  description of all such unstamped cigarettes seized, so that the
 1127  state may be kept informed as to the size and magnitude of the
 1128  illicit cigarette business. The division shall keep records
 1129  showing the number of seizures and seized cigarettes reported
 1130  to, or seized by, the division.
 1131         (8)(a) A It is unlawful for any person may not to conspire
 1132  with any other person or persons to do any act in violation of
 1133  the provisions of this part, when any one or more of such
 1134  persons does or commits any act to effect the object of the
 1135  conspiracy.
 1136         (b) Any person who violates the provisions of this
 1137  subsection:
 1138         1. If the act conspired to be done would constitute a
 1139  misdemeanor, commits is guilty of a misdemeanor of the second
 1140  degree, punishable as provided in s. 775.082 or s. 775.083.
 1141         2. If the act conspired to be done would constitute a
 1142  felony, commits is guilty of a felony of the third degree,
 1143  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1144         (9) Notwithstanding any other provision of law, the sale or
 1145  possession for sale of counterfeit cigarettes by any person or
 1146  by a manufacturer, importer, distributing agent, wholesale
 1147  dealer, or retail dealer shall result in the seizure of the
 1148  product and related machinery by the division or any law
 1149  enforcement agency.
 1150         (10) A person may not It is unlawful to sell or possess
 1151  with the intent to sell counterfeit cigarettes, as defined in s.
 1152  210.01(22).
 1153         (a) A person who does not hold a permit or holds a retail
 1154  permit under the provisions of this chapter and who violates
 1155  this subsection commits a felony of the third degree, punishable
 1156  as provided in s. 775.082, s. 775.083, or s. 775.084, and is
 1157  subject to the imposition of fines and additional penalties as
 1158  follows:
 1159         1. If the quantity of counterfeit cigarettes sold or
 1160  possessed with the intent to sell is less than two cartons or
 1161  the equivalent, the fine for a first violation shall not exceed
 1162  $1,000 or five times the retail value of the counterfeit
 1163  cigarettes, whichever is greater. A subsequent violation may
 1164  result in the imposition of a fine not to exceed $5,000 or five
 1165  times the retail value of the counterfeit cigarettes, whichever
 1166  is greater, and shall result in revocation of the retail permit
 1167  by the division.
 1168         2. If the quantity of counterfeit cigarettes sold or
 1169  possessed with the intent to sell is two cartons or more or the
 1170  equivalent, the fine for a first violation shall not exceed
 1171  $2,000 or five times the retail value of the counterfeit
 1172  cigarettes, whichever is greater. A subsequent violation may
 1173  result in the imposition of a fine not to exceed $50,000 or five
 1174  times the retail value of the counterfeit cigarettes, whichever
 1175  is greater, and shall result in revocation of the retail permit
 1176  by the division.
 1177         (b) A person who holds a permit, other than a retail
 1178  permit, under the provisions of this chapter and who violates
 1179  this subsection commits a felony of the third degree, punishable
 1180  as provided in s. 775.082, s. 775.083, or s. 775.084, and is
 1181  subject to the imposition of fines and additional penalties as
 1182  follows:
 1183         1. If the quantity of counterfeit cigarettes sold or
 1184  possessed with the intent to sell is less than 10 cartons or the
 1185  equivalent, the fine for a first violation shall not exceed
 1186  $1,000 or five times the retail value of the counterfeit
 1187  cigarettes, whichever is greater. A subsequent violation may
 1188  result in the imposition of a fine not to exceed $5,000 or five
 1189  times the retail value of the counterfeit cigarettes, whichever
 1190  is greater, and shall result in revocation of the permit by the
 1191  division.
 1192         2. If the quantity of counterfeit cigarettes sold or
 1193  possessed with the intent to sell is 10 cartons or more or the
 1194  equivalent, the fine for a first violation shall not exceed
 1195  $2,000 or five times the retail value of the counterfeit
 1196  cigarettes, whichever is greater. A subsequent violation may
 1197  result in the imposition of a fine not to exceed $50,000 or five
 1198  times the retail value of the counterfeit cigarettes, whichever
 1199  is greater, and shall result in revocation of the permit by the
 1200  division.
 1201  
 1202  For purposes of this subsection, any counterfeit cigarettes
 1203  seized by the division shall be destroyed.
 1204         (11) The division shall create a toll-free number for
 1205  reporting violations of this part. Upon a determination that a
 1206  violation has occurred, the informant who provided the
 1207  information that led to the determination shall be paid a reward
 1208  of up to 50 percent of the fine levied and paid under this
 1209  section. A notice must be conspicuously displayed in every
 1210  location where cigarettes are sold which contains the following
 1211  provision in conspicuous type: “NOTICE TO CUSTOMER: FLORIDA LAW
 1212  PROHIBITS THE POSSESSION OR SALE OF UNSTAMPED CIGARETTES. REPORT
 1213  VIOLATIONS TO (TOLL-FREE NUMBER). YOU MAY BE ELIGIBLE FOR A CASH
 1214  REWARD.” This notice must be provided at the expense of the
 1215  retail dealer.
 1216         Section 23. Subsections (2) and (3) of section 210.1801,
 1217  Florida Statutes, are amended to read:
 1218         210.1801 Exempt cigarettes for members of recognized Indian
 1219  tribes.—
 1220         (2) In order to ensure an adequate quantity of cigarettes
 1221  on Indian reservations which may be purchased by tribal members
 1222  who are exempt from the cigarette tax and surcharge, the program
 1223  division shall provide recognized Indian tribes within this
 1224  state with Indian-tax-and-surcharge-exemption coupons as set
 1225  forth in this section. A reservation cigarette seller shall
 1226  present such Indian-tax-and-surcharge-exemption coupons to a
 1227  wholesale dealer licensed in this state in order to purchase
 1228  stamped cigarettes that are exempt from the imposition of the
 1229  cigarette tax and surcharge. A tribal member may purchase
 1230  cigarettes that are exempt from the cigarette tax and surcharge
 1231  from a reservation cigarette seller even though such cigarettes
 1232  have an affixed cigarette tax-and-surcharge stamp.
 1233         (3) Indian-tax-and-surcharge-exemption coupons shall be
 1234  provided to the recognized governing body of each Indian tribe
 1235  to ensure that each Indian tribe can obtain cigarettes that are
 1236  exempt from the tax and surcharge which are for the use of the
 1237  tribe or its members. The Indian-tax-and-surcharge-exemption
 1238  coupons shall be provided to the Indian tribes quarterly. It is
 1239  intended that each Indian tribe will distribute the Indian-tax
 1240  and-surcharge-exemption coupons to reservation cigarette sellers
 1241  on such tribe’s reservation. Only Indian tribes or reservation
 1242  cigarette sellers on their reservations may redeem such Indian
 1243  tax-and-surcharge-exemption coupons pursuant to this section.
 1244         (a) The number of Indian-tax-and-surcharge-exemption
 1245  coupons to be given to the recognized governing body of each
 1246  Indian tribe shall be based upon the probable demand of the
 1247  tribal members on the tribe’s reservation plus the number needed
 1248  for official tribal use. The annual total number of Indian-tax
 1249  and-surcharge-exemption coupons to be given to the recognized
 1250  governing body of each Indian tribe shall be calculated by
 1251  multiplying the number of members of the tribe times five packs
 1252  of cigarettes times 365.
 1253         (b) Each wholesale dealer shall keep records of
 1254  transactions involving Indian-tax-and-surcharge-exemption
 1255  coupons and shall submit appropriate documentation to the
 1256  program division when claiming a refund as set forth in this
 1257  section. Documentation must contain at least the following
 1258  information:
 1259         1. The identity of the Indian tribe from which an Indian
 1260  tax-and-surcharge-exemption coupon is received;
 1261         2. The identity and the quantity of the product for which
 1262  an Indian-tax-and-surcharge-exemption coupon is provided;
 1263         3. The date of issuance and the date of expiration of the
 1264  Indian-tax-and-surcharge-exemption coupon; and
 1265         4. Any other information as the program division may deem
 1266  appropriate.
 1267         Section 24. Subsections (2), (4), and (6) of section
 1268  210.185, Florida Statutes, are amended to read:
 1269         210.185 Prohibition on sale or distribution of cigarettes;
 1270  criminal penalties; administrative sanctions; applicability.—
 1271         (2) DOCUMENTATION.—On or before the 10th day of each month,
 1272  each person permitted to affix the tax stamp to cigarettes shall
 1273  file with the program division, for all cigarettes imported into
 1274  the United States to which the person has affixed the tax stamp
 1275  in the preceding month, a copy of the permit issued under the
 1276  Internal Revenue Code, 26 U.S.C. s. 5713, to the person
 1277  importing the cigarettes into the United States which allows
 1278  that person to import those cigarettes; a copy of the customs
 1279  form containing, with respect to the cigarettes, the internal
 1280  revenue tax information required by the United States Bureau of
 1281  Alcohol, Tobacco and Firearms; and a statement, signed by an
 1282  officer of the manufacturer or importer under penalty of
 1283  perjury, certifying that the manufacturer or importer has
 1284  complied with the package health warning and ingredient
 1285  reporting requirements of the Federal Cigarette Labeling and
 1286  Advertising Act, 15 U.S.C. ss. 1333 and 1335a, with respect to
 1287  those cigarettes.
 1288         (4) ADMINISTRATIVE SANCTIONS.—
 1289         (a) The division may revoke or suspend the permit of any
 1290  distributing agent or wholesale dealer, or the retail tobacco
 1291  dealer permit of any retailer, and impose on the permittee a
 1292  civil penalty, in an amount not to exceed the greater of 500
 1293  percent of the retail value of the cigarettes involved or
 1294  $5,000, upon finding a violation of this section or any
 1295  implementing rule adopted by the program or division.
 1296         (b) Cigarettes that are acquired, held, owned, possessed,
 1297  transported in, imported into, or sold or distributed in this
 1298  state in violation of this section are considered contraband and
 1299  are subject to seizure and forfeiture under this part. Any
 1300  cigarettes so seized and forfeited shall be destroyed. The
 1301  cigarettes are considered contraband whether the violation of
 1302  this section is knowing or otherwise.
 1303         (6) GENERAL PROVISIONS.—
 1304         (a) The program and division shall enforce this section.
 1305  However, at the request of the program or the division, any law
 1306  enforcement agency shall enforce this section.
 1307         (b) For the purpose of enforcing this act, the program or
 1308  the division and any agency to which the program or the division
 1309  has delegated enforcement responsibility may request information
 1310  from any state or local agency, and may share information with,
 1311  and request information from, any federal agency or any agency
 1312  of any other state or any local agency thereof.
 1313         (c) In addition to any other remedy provided by law,
 1314  including enforcement as provided in paragraph (a), any person
 1315  may bring an action for appropriate injunctive or other
 1316  equitable relief for a violation of this section; for actual
 1317  damages, if any, sustained by reason of the violation; and, as
 1318  determined by the court, for interest on the damages from the
 1319  date of the complaint, taxable costs, and reasonable attorney’s
 1320  fees. If the trier of fact finds that the violation is flagrant,
 1321  it may increase recovery to an amount not in excess of 3 times
 1322  the actual damages sustained by reason of the violation.
 1323         Section 25. Section 210.19, Florida Statutes, is amended to
 1324  read:
 1325         210.19 Records to be kept by the program; public records
 1326  division.—
 1327         (1) The program division shall keep records showing the
 1328  total amount of taxes collected, which records shall be open to
 1329  the public during the regular office hours of the program
 1330  division. The program division shall maintain records that
 1331  identify which agent or wholesale dealer affixed the tax stamp
 1332  to each package of cigarettes. The identifying records must be
 1333  made available for public inspection and retained for at least 3
 1334  years.
 1335         (2) The records and files in the office of the program
 1336  appertaining to this part and part II shall be available in
 1337  Tallahassee to the public at any time during business hours. The
 1338  program shall prepare and make available a list of all
 1339  importers, manufacturers, and distributors licensed under this
 1340  chapter, monthly reports of cigarette and other tobacco product
 1341  sales to other states, and monthly wholesale reports.
 1342         Section 26. Section 210.20, Florida Statutes, is amended to
 1343  read:
 1344         210.20 Employees and assistants; distribution of funds.—
 1345         (1) The program and division under the applicable rules of
 1346  the Department of Management Services have shall have the power
 1347  to employ such employees and assistants and incur such other
 1348  expenses as may be necessary for the administration of this
 1349  part, within the limits of an appropriation for the operation of
 1350  the Department of Revenue and the Department of Business and
 1351  Professional Regulation as may be authorized by the General
 1352  Appropriations Act.
 1353         (2) As collections are received by the program division
 1354  from such cigarette taxes, it shall pay the same into a trust
 1355  fund in the State Treasury designated “Cigarette Tax Collection
 1356  Trust Fund” which shall be paid and distributed as follows:
 1357         (a) The program division shall from month to month certify
 1358  to the Chief Financial Officer the amount derived from the
 1359  cigarette tax imposed by s. 210.02, less the service charges
 1360  provided for in s. 215.20 and less 0.9 percent of the amount
 1361  derived from the cigarette tax imposed by s. 210.02, which shall
 1362  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
 1363  specifying the amounts to be transferred from the Cigarette Tax
 1364  Collection Trust Fund and credited on the basis of 2.9 percent
 1365  of the net collections to the Revenue Sharing Trust Fund for
 1366  Counties and 29.3 percent of the net collections for the funding
 1367  of indigent health care to the Public Medical Assistance Trust
 1368  Fund.
 1369         (b)1. Beginning January 1, 1999, and continuing for 10
 1370  years thereafter, the program division shall from month to month
 1371  certify to the Chief Financial Officer the amount derived from
 1372  the cigarette tax imposed by s. 210.02, less the service charges
 1373  provided for in s. 215.20 and less 0.9 percent of the amount
 1374  derived from the cigarette tax imposed by s. 210.02, which shall
 1375  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
 1376  specifying an amount equal to 2.59 percent of the net
 1377  collections, and that amount shall be paid to the Board of
 1378  Directors of the H. Lee Moffitt Cancer Center and Research
 1379  Institute, established under s. 1004.43, by warrant drawn by the
 1380  Chief Financial Officer upon the State Treasury. These funds are
 1381  hereby appropriated monthly out of the Cigarette Tax Collection
 1382  Trust Fund, to be used for the purpose of constructing,
 1383  furnishing, and equipping a cancer research facility at the
 1384  University of South Florida adjacent to the H. Lee Moffitt
 1385  Cancer Center and Research Institute. In fiscal years 1999-2000
 1386  and thereafter with the exception of fiscal year 2008-2009, the
 1387  appropriation to the H. Lee Moffitt Cancer Center and Research
 1388  Institute authorized by this subparagraph shall not be less than
 1389  the amount that would have been paid to the H. Lee Moffitt
 1390  Cancer Center and Research Institute for fiscal year 1998-1999
 1391  had payments been made for the entire fiscal year rather than
 1392  for a 6-month period thereof.
 1393         2. Beginning July 1, 2002, and continuing through June 30,
 1394  2004, the program division shall, in addition to the
 1395  distribution authorized in subparagraph 1., from month to month
 1396  certify to the Chief Financial Officer the amount derived from
 1397  the cigarette tax imposed by s. 210.02, less the service charges
 1398  provided for in s. 215.20 and less 0.9 percent of the amount
 1399  derived from the cigarette tax imposed by s. 210.02, which shall
 1400  be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
 1401  specifying an amount equal to 0.2632 percent of the net
 1402  collections, and that amount shall be paid to the Board of
 1403  Directors of the H. Lee Moffitt Cancer Center and Research
 1404  Institute, established under s. 1004.43, by warrant drawn by the
 1405  Chief Financial Officer. Beginning July 1, 2004, and continuing
 1406  through June 30, 2020, the program division shall, in addition
 1407  to the distribution authorized in subparagraph 1., from month to
 1408  month certify to the Chief Financial Officer the amount derived
 1409  from the cigarette tax imposed by s. 210.02, less the service
 1410  charges provided for in s. 215.20, and less 0.9 percent of the
 1411  amount derived from the cigarette tax imposed by s. 210.02,
 1412  which shall be deposited into the Alcoholic Beverage and Tobacco
 1413  Trust Fund, specifying an amount equal to 1.47 percent of the
 1414  net collections, and that amount shall be paid to the Board of
 1415  Directors of the H. Lee Moffitt Cancer Center and Research
 1416  Institute, established under s. 1004.43, by warrant drawn by the
 1417  Chief Financial Officer. These funds are appropriated monthly
 1418  out of the Cigarette Tax Collection Trust Fund, to be used for
 1419  the purpose of constructing, furnishing, and equipping a cancer
 1420  research facility at the University of South Florida adjacent to
 1421  the H. Lee Moffitt Cancer Center and Research Institute. In
 1422  fiscal years 2004-2005 and thereafter, the appropriation to the
 1423  H. Lee Moffitt Cancer Center and Research Institute authorized
 1424  by this subparagraph shall not be less than the amount that
 1425  would have been paid to the H. Lee Moffitt Cancer Center and
 1426  Research Institute in fiscal year 2001-2002, had this
 1427  subparagraph been in effect.
 1428         (3) After all distributions hereinabove provided for have
 1429  been made, the balance of the revenue produced from the tax
 1430  imposed by this part shall be deposited in the General Revenue
 1431  Fund.
 1432         Section 27. Subsections (4) and (13) of section 210.25,
 1433  Florida Statutes, are amended, and subsection (14) is added to
 1434  that section, to read:
 1435         210.25 Definitions.—As used in this part:
 1436         (4) “Distributor” means:
 1437         (a) Any person engaged in the business of selling tobacco
 1438  products in this state who ships or transports tobacco products
 1439  to retailers in this state to be sold by those retailers brings,
 1440  or causes to be brought, into this state from outside the state
 1441  any tobacco products for sale; or
 1442         (b) Any person who makes, manufactures, or fabricates
 1443  tobacco products in this state for sale in this state; or
 1444         (b)(c) Any person engaged in the business of selling
 1445  tobacco outside this state who ships or transports tobacco
 1446  products to retailers in this state to be sold by those
 1447  retailers.
 1448         (13) “Wholesale sales price” means the established price
 1449  for which the distributor who sells a tobacco product to the
 1450  retailer paid for that tobacco product a manufacturer sells a
 1451  tobacco product to a distributor, exclusive of any diminution by
 1452  volume or other discounts.
 1453         (14) “Program” means the General Tax Administration Program
 1454  Office of the Department of Revenue.
 1455         Section 28. Section 210.31, Florida Statutes, is amended to
 1456  read:
 1457         210.31 Payment of taxes by Electronic filing and payment of
 1458  taxes funds transfer.—A dealer who had paid taxes imposed under
 1459  s. 210.30 in the previous state fiscal year in the amount of
 1460  $20,000 or more must remit payments by electronic funds transfer
 1461  and make a return in a manner that is initiated through an
 1462  electronic data interchange. The provisions of this section are
 1463  in addition to the requirements of s. 213.755 to electronically
 1464  file tax returns and remit payments required under this chapter.
 1465  The Secretary of Business and Professional Regulation may
 1466  require a distributor who sells tobacco products within the
 1467  state to remit by electronic funds transfer any tax imposed
 1468  under s. 210.30 if the taxpayer is subject to the tax and if the
 1469  total of such taxes the distributor paid in the prior year
 1470  amounted to $50,000 or more.
 1471         Section 29. Section 210.35, Florida Statutes, is amended to
 1472  read:
 1473         210.35 Distributor’s license required; application; out-of
 1474  state applicant.—
 1475         (1) A No person may not shall engage in the business of
 1476  selling or dealing in tobacco products as a distributor in any
 1477  place of business in this state without first having received a
 1478  license from the division to engage in such business at the
 1479  place of business. Every application for such license must shall
 1480  be made on a form prescribed by the division and must shall
 1481  state the name and address of the applicant; if the applicant is
 1482  a firm, partnership, or association, the name and address of
 1483  each of its members; if the applicant is a corporation, the name
 1484  and address of each of its officers; the address of its
 1485  principal place of business; the place where the business to be
 1486  licensed is to be conducted; and such other information as the
 1487  division may require for the purpose of the administration of
 1488  this part.
 1489         (2) A person outside this state who ships or transports
 1490  tobacco products to retailers in this state, to be sold by those
 1491  retailers, may make application for license as a distributor, be
 1492  granted such a license by the division, and thereafter be
 1493  subject to all the provisions of this part and entitled to act
 1494  as a licensed distributor.
 1495         (3) A permit or license may not be issued by the division
 1496  to an applicant who is not a registered dealer with the program
 1497  or to an applicant who has an outstanding tax warrant for more
 1498  than 3 months from the program.
 1499         Section 30. Section 210.40, Florida Statutes, is amended to
 1500  read:
 1501         210.40 License fees; surety bond; application for each
 1502  place of business.—Each application for a distributor’s license
 1503  shall be accompanied by a fee of $25. The application shall also
 1504  be accompanied by a corporate surety bond issued by a surety
 1505  company authorized to do business in this state, conditioned for
 1506  the payment when due of all taxes, penalties, and accrued
 1507  interest which may be due the state. The bond shall be in the
 1508  sum of $1,000 and in a form prescribed by the division. Whenever
 1509  it is the opinion of the program division that the bond given by
 1510  a licensee is inadequate in amount to fully protect the state,
 1511  the division shall require an additional bond in such amount as
 1512  is deemed sufficient. A separate application for a license shall
 1513  be made for each place of business at which a distributor
 1514  proposes to engage in business as a distributor under this part,
 1515  but an applicant may provide one bond in an amount determined by
 1516  the division for all applications made by the distributor.
 1517         Section 31. Section 210.45, Florida Statutes, is amended to
 1518  read:
 1519         210.45 Issuance, expiration, and display of licenses;
 1520  license not transferable.—Upon receipt of an application in
 1521  proper form and payment of the required license fee, the
 1522  division shall, unless otherwise provided by this part, issue to
 1523  the applicant a license which shall permit the applicant to
 1524  engage in business as a manufacturer, importer, or distributor
 1525  at the place of business shown on the license. Each license
 1526  shall expire on June 30 following its date of issue unless
 1527  sooner revoked by the division or unless the business for which
 1528  the license was issued is transferred. In either case, the
 1529  holder of the license shall immediately surrender it to the
 1530  division. Each license shall be prominently displayed on the
 1531  premises covered by the license. A No license is not shall be
 1532  transferable to any other person.
 1533         Section 32. Section 210.50, Florida Statutes, is amended to
 1534  read:
 1535         210.50 Revocation or suspension of license.—
 1536         (1) The division may, is authorized upon sufficient cause
 1537  appearing of a the violation of any of the provisions of this
 1538  part by any manufacturer, importer, or distributor licensed
 1539  under this part, to revoke the license of the manufacturer,
 1540  importer, or distributor.
 1541         (2) The division may suspend for a reasonable period of
 1542  time, in its discretion, the license of any manufacturer,
 1543  importer, or distributor issued under the provisions of this
 1544  part for the same causes and under the same limitations as are
 1545  authorized for license revocation.
 1546         (3) A manufacturer, importer, or No distributor whose
 1547  license for any place of business has been revoked may not shall
 1548  engage in business under this part at such place of business,
 1549  after the revocation, until a new license is issued. A
 1550  manufacturer, importer, or No distributor whose license for any
 1551  place of business has been revoked is not shall be permitted to
 1552  have the license renewed or to obtain an additional license for
 1553  any other place of business for a period of 6 months after the
 1554  date such revocation becomes final.
 1555         (4) In lieu of the suspension or revocation of licenses,
 1556  the division may impose civil penalties against holders of
 1557  licenses for violations of this part or rules relating thereto.
 1558  A No civil penalty so imposed may not shall exceed $1,000 for
 1559  each offense, and all amounts collected shall be deposited with
 1560  the Chief Financial Officer to the credit of the General Revenue
 1561  Fund. If the holder of the license fails to pay the civil
 1562  penalty, his or her license shall be suspended for such period
 1563  of time as the division may specify.
 1564         (5) The division may suspend or revoke a permit or license
 1565  if a Department of Revenue tax warrant has been outstanding
 1566  against the license or permitholder for more than 3 months.
 1567         Section 33. Subsection (3) is added to section 210.51,
 1568  Florida Statutes, to read:
 1569         210.51 Renewal of permit.—
 1570         (3) The division may deny an application to renew a permit
 1571  or license if a tax warrant from the program has been
 1572  outstanding against the applicant for more than 3 months.
 1573         Section 34. Section 210.55, Florida Statutes, is amended to
 1574  read:
 1575         210.55 Manufacturers, importers, and distributors; monthly
 1576  returns.—
 1577         (1) On or before the 10th of each month, every
 1578  manufacturer, importer, and distributor having taxpayer with a
 1579  place of business in this state shall file a return with the
 1580  program division showing the taxable price of each tobacco
 1581  product brought or caused to be brought into this state for
 1582  sale, or made, manufactured, or fabricated in this state for
 1583  sale in this state, during the preceding month. Every
 1584  manufacturer, importer, and distributor taxpayer outside this
 1585  state shall file a return showing the quantity and taxable price
 1586  of each tobacco product shipped or transported to retailers in
 1587  this state, to be sold by those retailers, during the preceding
 1588  month. Returns shall be made upon forms furnished and prescribed
 1589  by the program division and shall contain any other information
 1590  that the program division requires. Each return shall be
 1591  accompanied by a remittance for the full tax liability shown.
 1592         (2) As soon as practicable after any return is filed, the
 1593  program division shall examine each return and correct it, if
 1594  necessary, according to its best judgment and information. If
 1595  the program division finds that any amount of tax is due from
 1596  the taxpayer and unpaid, it shall notify the taxpayer of the
 1597  deficiency, stating that it proposes to assess the amount due
 1598  together with interest and penalties. If a deficiency disclosed
 1599  by the program’s division’s examination cannot be allocated to
 1600  one or more particular months, the program division shall notify
 1601  the taxpayer of the deficiency, stating its intention to assess
 1602  the amount due for a given period without allocating it to any
 1603  particular months.
 1604         (3) If, within 60 days after the mailing of notice of the
 1605  proposed assessment, the taxpayer files a protest to the
 1606  proposed assessment and requests a hearing on it, the program
 1607  division shall give notice to the taxpayer of the time and place
 1608  fixed for the hearing, shall hold a hearing on the protest, and
 1609  shall issue a final assessment to the taxpayer for the amount
 1610  found to be due as a result of the hearing. If a protest is not
 1611  filed within 60 days, the program division shall issue a final
 1612  assessment to the taxpayer. In any action or proceeding in
 1613  respect to the proposed assessment, the taxpayer shall have the
 1614  burden of establishing the incorrectness or invalidity of any
 1615  final assessment made by the program division.
 1616         (4) If any taxpayer required to file any return fails to do
 1617  so within the time prescribed, the taxpayer shall, on the
 1618  written demand of the program division, file the return within
 1619  20 days after mailing of the demand and at the same time pay the
 1620  tax due on its basis. If the taxpayer fails within that time to
 1621  file the return, the program division shall prepare the return
 1622  from its own knowledge and from the information that it obtains
 1623  and on that basis shall assess a tax, which shall be paid within
 1624  10 days after the program division has mailed to the taxpayer a
 1625  written notice of the amount and a demand for its payment. In
 1626  any action or proceeding in respect to the assessment, the
 1627  taxpayer shall have the burden of establishing the incorrectness
 1628  or invalidity of any return or assessment made by the program
 1629  division because of the failure of the taxpayer to make a
 1630  return.
 1631         (5) All taxes are due not later than the 10th day of the
 1632  month following the calendar month in which they were incurred,
 1633  and thereafter shall bear interest at the annual rate of 12
 1634  percent. If the amount of tax due for a given period is assessed
 1635  without allocating it to any particular month, the interest
 1636  shall begin with the date of the assessment.
 1637         (6) In issuing its final assessment, the program division
 1638  shall add to the amount of tax found due and unpaid a penalty of
 1639  10 percent, but if it finds that the taxpayer has made a false
 1640  return with intent to evade the tax, the penalty shall be 50
 1641  percent of the entire tax as shown by the corrected return. In
 1642  assessing a tax on the basis of a return made under subsection
 1643  (4), the program division shall add to the amount of tax found
 1644  due and unpaid a penalty of 25 percent.
 1645         (7) For the purpose of compensating the distributor for the
 1646  keeping of prescribed records and the proper accounting and
 1647  remitting of taxes imposed under this part, the distributor
 1648  shall be allowed 1 percent of the amount of the tax due and
 1649  accounted for and remitted to the program division in the form
 1650  of a deduction in submitting his or her report and paying the
 1651  amount due; and the program division shall allow such deduction
 1652  of 1 percent of the amount of the tax to the person paying the
 1653  same for remitting the tax in the manner herein provided, for
 1654  paying the amount due to be paid by him or her, and as further
 1655  compensation to the distributor for the keeping of prescribed
 1656  records and for collection of taxes and remitting the same.
 1657         (a) The collection allowance may not be granted, nor may
 1658  any deduction be permitted, if the tax is delinquent at the time
 1659  of payment.
 1660         (b) The program division may reduce the collection
 1661  allowance by 10 percent or $50, whichever is less, if a taxpayer
 1662  files an incomplete return.
 1663         1. An “incomplete return” is, for purposes of this part, a
 1664  return which is lacking such uniformity, completeness, and
 1665  arrangement that the physical handling, verification, or review
 1666  of the return may not be readily accomplished.
 1667         2. The program may division shall adopt rules requiring
 1668  such information as it may deem necessary to ensure that the tax
 1669  levied hereunder is properly collected, reviewed, compiled, and
 1670  enforced, including, but not limited to: the amount of taxable
 1671  sales; the amount of tax collected or due; the amount claimed as
 1672  the collection allowance; the amount of penalty and interest;
 1673  the amount due with the return; and such other information as
 1674  the program division may specify.
 1675         (8) In addition to the reporting requirements in this
 1676  chapter, wholesale dealers and distributing agents must also
 1677  provide the program with information regarding sales to the
 1678  retail dealers: the names, addresses, retail tobacco products
 1679  dealer permit numbers, and resale certificate numbers; invoice
 1680  numbers; the dates the products were sold; the quantity of each
 1681  type of product sold; and the sales price of each type of
 1682  product sold on its monthly returns.
 1683         Section 35. Section 210.60, Florida Statutes, is amended to
 1684  read:
 1685         210.60 Books, records, and invoices to be kept and
 1686  preserved; inspection by agents of division.—Every manufacturer,
 1687  importer, and distributor shall keep in each licensed place of
 1688  business complete and accurate records for that place of
 1689  business, including itemized invoices of tobacco products held,
 1690  purchased, manufactured, brought in or caused to be brought in
 1691  from without the state, or shipped or transported to retailers
 1692  in this state, and of all sales of tobacco products made, except
 1693  sales to an ultimate consumer. Such records shall show the names
 1694  and addresses of purchasers and other pertinent papers and
 1695  documents relating to the purchase, sale, or disposition of
 1696  tobacco products. When a licensed distributor sells tobacco
 1697  products exclusively to ultimate consumers at the addresses
 1698  given in the license, no invoice of those sales shall be
 1699  required, but itemized invoices shall be made of all tobacco
 1700  products transferred to other retail outlets owned or controlled
 1701  by that licensed distributor. All books, records and other
 1702  papers, and other documents required by this section to be kept
 1703  shall be preserved for a period of at least 3 years after the
 1704  date of the documents, as aforesaid, or the date of the entries
 1705  thereof appearing in the records, unless the program division,
 1706  in writing, authorizes their destruction or disposal at an
 1707  earlier date. At any time during usual business hours, duly
 1708  authorized agents or employees of the program division may enter
 1709  any place of business of a manufacturer, importer, or
 1710  distributor and inspect the premises, the records required to be
 1711  kept under this part, and the tobacco products contained therein
 1712  to determine whether all the provisions of this part are being
 1713  fully complied with. Refusal to permit such inspection by a duly
 1714  authorized agent or employee of the program division shall be
 1715  grounds for revocation of the license. Every person who sells
 1716  tobacco products to persons other than an ultimate consumer
 1717  shall render with each sale an itemized invoice showing the
 1718  seller’s name and address, the purchaser’s name and address, the
 1719  date of sale, and all prices and discounts. The seller shall
 1720  preserve legible copies of all such invoices for 3 years from
 1721  the date of sale. Every retailer shall produce itemized invoices
 1722  of all tobacco products purchased. The invoices shall show the
 1723  name and address of the seller and the date of purchase. The
 1724  retailer shall preserve a legible copy of each such invoice for
 1725  3 years from the date of purchase. Invoices shall be available
 1726  for inspection by authorized agents or employees of the division
 1727  at the retailer’s place of business.
 1728         Section 36. Section 210.65, Florida Statutes, is amended to
 1729  read:
 1730         210.65 Penalties for tax evasion.—
 1731         (1) Any distributor or any other person who fails,
 1732  neglects, or refuses to comply with, or violates the provisions
 1733  of, this part or the rules adopted promulgated by the program or
 1734  division under this part, commits is guilty of a misdemeanor of
 1735  the first degree, punishable as provided in s. 775.082 or s.
 1736  775.083.
 1737         (2) Any retailer who purchases tobacco products from a
 1738  distributor not licensed under the provisions of this part
 1739  commits is guilty of a misdemeanor of the first degree,
 1740  punishable as provided in s. 775.082 or s. 775.083.
 1741         (3) Any distributor or any other person who has been
 1742  convicted of a violation of this part and is thereafter
 1743  convicted of a further violation of this part shall, upon
 1744  conviction of the subsequent said further offense, be guilty of
 1745  a felony of the third degree, punishable as provided in s.
 1746  775.082, s. 775.083, or s. 775.084.
 1747         Section 37. Section 210.70, Florida Statutes, is amended to
 1748  read:
 1749         210.70 Disposition of funds.—As collections from the taxes
 1750  imposed under this part are received by the program division, it
 1751  shall pay the same into the General Revenue Fund.
 1752         Section 38. Subsection (4) is added to section 559.79,
 1753  Florida Statutes, to read:
 1754         559.79 Applications for license or renewal.—
 1755         (4) The Department of Business and Professional Regulation
 1756  and the Department of Revenue shall work cooperatively to
 1757  establish an automated method for periodically disclosing
 1758  information relating to licensees.
 1759         Section 39. Subsection (22) is added to section 561.01,
 1760  Florida Statutes, to read:
 1761         561.01 Definitions.—As used in the Beverage Law:
 1762         (22) “Program” means the General Tax Administration Program
 1763  Office within the Department of Revenue.
 1764         Section 40. Section 561.024, Florida Statutes, is created
 1765  to read:
 1766         561.024Tax collection responsibilities with the Department
 1767  of Revenue.In order to ensure the most effective and efficient
 1768  collection of taxes and notwithstanding other laws to the
 1769  contrary, the authority to collect taxes on alcoholic beverages
 1770  and to distribute the funds collected, as provided in chapters
 1771  561, 562, 563, 564, and 565, is the responsibility of the
 1772  General Tax Administration Program Office of the Department of
 1773  Revenue.
 1774         Section 41. (1) All of the statutory powers, duties, and
 1775  functions, and all of the records, personnel, property, and
 1776  unexpended balances of appropriations, allocations, or other
 1777  funds for the administration of collecting taxes on alcoholic
 1778  beverages shall be transferred by a type two transfer, as
 1779  defined in s. 20.06(2), Florida Statutes, from the Department of
 1780  Business and Professional Regulation to the Department of
 1781  Revenue effective July 1, 2011.
 1782         (2) Notwithstanding ss. 216.292 and 216.351, Florida
 1783  Statutes, upon approval by the Legislative Budget Committee, the
 1784  Executive Office of the Governor may transfer funds and
 1785  positions between agencies to implement this act.
 1786         (3) The executive director of the Department of Revenue may
 1787  establish, abolish, or consolidate bureaus, sections, or
 1788  subsections within the General Tax Administration Program
 1789  Office, and may reallocate duties and functions within the
 1790  program to promote effective and efficient operation of the
 1791  program. This subsection is subject to the requirements of s.
 1792  216.181, Florida Statutes. The executive director may not
 1793  establish, abolish, or consolidate bureaus, sections, or
 1794  subsections after July 1, 2012, unless such action is approved
 1795  by the Legislature or by law.
 1796         (4) The rules relating to the collection and audit of taxes
 1797  on alcoholic beverages are transferred from the Department of
 1798  Business and Professional Regulation to the Department of
 1799  Revenue, which rules in effect at 11:59 p.m. on June 30, 2011,
 1800  shall become the rules of the Department of Revenue and shall
 1801  remain in effect until amended or repealed in the manner
 1802  provided by law. The Department of Revenue may adopt rules and
 1803  forms pursuant to ss. 120.536(1) and 120.54, Florida Statutes,
 1804  to administer the collection and audit of taxes relating to
 1805  alcoholic beverages under chapters 561, 562, 563, 564, and 565,
 1806  Florida Statutes.
 1807         (5) The Department of Revenue may enforce any rule adopted
 1808  by the Division of Alcoholic Beverages and Tobacco of the
 1809  Department of Business and Professional Regulation for the
 1810  collection and auditing of taxes relating to alcoholic
 1811  beverages.
 1812         (6) The Department of Revenue is considered to be
 1813  administering a revenue law of this state when the department
 1814  implements this chapter. Sections 213.015(1)-(3), (5)-(7), (9)
 1815  (19), and (21); 213.018; 213.025; 213.051; 213.053; 213.0532;
 1816  213.0535; 213.055; 213.071; 213.10; 213.21(4); 213.2201; 213.23;
 1817  213.24; 213.25; 213.27; 213.28; 213.285; 213.34(1), (3), and
 1818  (4); 213.37; 213.50; 213.67; 213.69; 213.73; 213.733; 213.74;
 1819  213.75; 213.756; and 213.75, Florida Statutes, apply to the
 1820  collection of taxes on alcoholic beverages under chapters 561
 1821  565 by the Department of Revenue.
 1822         Section 42. Section 561.051, Florida Statutes, is amended
 1823  to read:
 1824         561.051 Reporting requirements of director.—The director of
 1825  the division shall promptly report and remit to the Chief
 1826  Financial Officer all taxes and fees collected by him or her
 1827  hereunder. The director of the program shall promptly report and
 1828  remit to the Chief Financial Officer all taxes collected by him
 1829  or her hereunder.
 1830         Section 43. Section 561.08, Florida Statutes, is amended to
 1831  read:
 1832         561.08 Enforcement of Beverage Law; division to prescribe
 1833  forms.—The program and division shall enforce the provisions of
 1834  the Beverage Law and cigarette tax law and perform such other
 1835  acts as may be necessary to carry out the provisions thereof.,
 1836  and The division may shall prescribe forms of bonds, reports,
 1837  and other papers, to be used under and in the execution and
 1838  enforcement of the provisions of the Beverage Law and the
 1839  cigarette tax law. The program may prescribe forms, reports, and
 1840  records to be kept for the collection and audit of the Beverage
 1841  Law and the cigarette tax law.
 1842         Section 44. Section 561.11, Florida Statutes, is amended to
 1843  read:
 1844         561.11 Power and authority of division.—
 1845         (1) The division may has authority to adopt rules pursuant
 1846  to ss. 120.536(1) and 120.54 to implement the provisions of the
 1847  Beverage Law.
 1848         (2) The division may shall have full power and authority to
 1849  provide for the continuous training and upgrading of all
 1850  division personnel in their respective positions with the
 1851  division. This training shall include the attendance of division
 1852  personnel at workshops, seminars, or special schools established
 1853  by the division or other organizations when attendance at such
 1854  educational programs shall in the opinion of the division be
 1855  deemed appropriate to the particular position which the employee
 1856  holds.
 1857         Section 45. Section 561.111, Florida Statutes, is amended
 1858  to read:
 1859         561.111 Payment of taxes by Electronic filing and payment
 1860  of taxes funds transfer.—A dealer who paid taxes imposed under
 1861  chapter 563, chapter 564, or chapter 565 in the previous state
 1862  fiscal year in an amount of $20,000 or more, must remit payments
 1863  by electronic funds transfer and make a return in a manner that
 1864  is initiated through an electronic data interchange. The
 1865  provisions of this section are in addition to the requirements
 1866  of s. 213.755 to electronically file returns and remit payments
 1867  required under this chapter. The Secretary of Business and
 1868  Professional Regulation may require a person who manufactures or
 1869  distributes alcoholic beverages within the state to remit by
 1870  electronic funds transfer any tax imposed under chapter 563,
 1871  chapter 564, or chapter 565 if the taxpayer is subject to tax
 1872  and if the total of such taxes he or she paid in the prior year
 1873  amounted to $50,000 or more.
 1874         Section 46. Subsection (5) is added to section 561.15,
 1875  Florida Statutes, to read:
 1876         561.15 Licenses; qualifications required.—
 1877         (5) A permit or license may not be issued by the division
 1878  to an applicant who is not a registered dealer with the program
 1879  or to an applicant who has an outstanding tax warrant for more
 1880  than 3 months from the program.
 1881         Section 47. Subsection (3) of section 561.221, Florida
 1882  Statutes, is amended to read:
 1883         561.221 Licensing of manufacturers and distributors as
 1884  vendors and of vendors as manufacturers; conditions and
 1885  limitations.—
 1886         (3)(a) Notwithstanding other provisions of the Beverage
 1887  Law, any vendor licensed in this state may be licensed as a
 1888  manufacturer of malt beverages upon a finding by the division
 1889  that:
 1890         1. The vendor will be engaged in brewing malt beverages at
 1891  a single location and in an amount which will not exceed 10,000
 1892  kegs per year. For purposes of this subsection, the term “keg”
 1893  means 15.5 gallons.
 1894         2. The malt beverages so brewed will be sold to consumers
 1895  for consumption on the vendor’s licensed premises or on
 1896  contiguous licensed premises owned by the vendor.
 1897         (b) Any vendor which is also licensed as a manufacturer of
 1898  malt beverages pursuant to this subsection is shall be
 1899  responsible for applicable reports pursuant to ss. 561.50 and
 1900  561.55 with respect to the amount of beverage manufactured each
 1901  month and shall pay applicable excise taxes thereon to the
 1902  program division by the 10th day of each month for the previous
 1903  month.
 1904         (c) It is shall be unlawful for any licensed distributor of
 1905  malt beverages or any officer, agent, or other representative
 1906  thereof to discourage or prohibit any vendor licensed as a
 1907  manufacturer under this subsection from offering malt beverages
 1908  brewed for consumption on the licensed premises of the vendor.
 1909         (d) It is shall be unlawful for any manufacturer of malt
 1910  beverages or any officer, agent, or other representative thereof
 1911  to take any action to discourage or prohibit any distributor of
 1912  the manufacturer’s product from distributing such product to a
 1913  licensed vendor which is also licensed as a manufacturer of malt
 1914  beverages pursuant to this subsection.
 1915         Section 48. Section 561.25, Florida Statutes, is amended to
 1916  read:
 1917         561.25 Officers and employees prohibited from being
 1918  employed by or engaging in beverage business; penalties;
 1919  exceptions.—
 1920         (1) No officer or employee of the division, no officer or
 1921  employee of the program, and no sheriff or other state, county,
 1922  or municipal officer with state police power granted by the
 1923  Legislature, is shall be permitted to engage in the sale of
 1924  alcoholic beverages under the Beverage Law; or shall be
 1925  employed, directly or indirectly, in connection with the
 1926  operation of any business licensed under the Beverage Law; or
 1927  shall be permitted to own any stock or interest in any firm,
 1928  partnership, or corporation dealing wholly or partly in the sale
 1929  or distribution of alcoholic beverages, except as provided in
 1930  this section. The provisions of This subsection does shall not
 1931  be construed to prevent any certified law enforcement officer,
 1932  except members of the Florida Highway Patrol or its auxiliary,
 1933  or employees of the division, from being employed in businesses
 1934  which have obtained licenses only to sell beer or beer and wine
 1935  for consumption off the premises. However, the written approval
 1936  of the chief of police, sheriff, or other appropriate department
 1937  head must be obtained for any such employment.
 1938         (2) Any person violating this section commits shall be
 1939  guilty of a misdemeanor of the second degree, punishable as
 1940  provided in s. 775.082 or s. 775.083, and shall be automatically
 1941  removed or suspended from office.
 1942         (3) This section does not Nothing herein may be construed
 1943  to prohibit any sheriff or other state, county, or municipal
 1944  officer with state police power granted by the Legislature from
 1945  owning, negotiating, or trading any shares of stock, bonds, or
 1946  other securities which are regulated by and registered with the
 1947  Securities and Exchange Commission, and which are customarily
 1948  traded on the major stock exchanges of the United States, or
 1949  from being employed as an entertainer or from rendering security
 1950  services when off duty in any business establishment licensed
 1951  under the beverage laws to sell beverages, provided the written
 1952  approval of the chief of police, sheriff, or other appropriate
 1953  department head is obtained for the place and hours of such
 1954  employment or service. Any officer employed for the purposes of
 1955  rendering private security services as permitted under this
 1956  section shall not be paid less than the established prevailing
 1957  wage.
 1958         Section 49. Subsection (3) is added to section 561.27,
 1959  Florida Statutes, to read:
 1960         561.27 Renewal of license.—
 1961         (3) The division may deny an application to renew a permit
 1962  or license if a tax warrant from the program has been
 1963  outstanding against the applicant for more than 3 months.
 1964         Section 50. Subsection (2) of section 561.29, Florida
 1965  Statutes, is amended to read:
 1966         561.29 Revocation and suspension of license; power to
 1967  subpoena.—
 1968         (2) The division and program, or any employee designated by
 1969  them it, shall have the power and authority to examine into the
 1970  business, books, records, and accounts of any licensee, to issue
 1971  subpoenas to said licensee or any other person from whom
 1972  information is desired, and to take depositions of witnesses
 1973  within or without of the state. The division and program, or any
 1974  employee designated by them it, may administer oaths and issue
 1975  subpoenas. The provisions of the civil law of the state in
 1976  relation to enforcing obedience to a subpoena lawfully issued by
 1977  a judge or other person duly authorized to issue subpoenas under
 1978  the laws of the state, to issue subpoenas in civil cases, shall
 1979  apply to a subpoena issued by the division or program, or any
 1980  employee designated by them it, as authorized in this section,
 1981  and may be enforced by writ of attachment to be issued by the
 1982  division or program, or any employee designated by them it, for
 1983  such witness to compel him or her to attend before the division,
 1984  or any employee designated by them it, and give his or her
 1985  testimony and to bring and produce such books, papers, and
 1986  documents as may be required for examination; and the division
 1987  or program, or any employee designated by them it, may punish
 1988  any willful refusal to so appear or give testimony by citation
 1989  of any witness before the circuit court who shall punish such
 1990  witness for contempt as in cases of refusal to obey the orders
 1991  and process of the circuit court. The division or program may in
 1992  such cases pay such attendance and mileage fees as are permitted
 1993  to be paid to witnesses in civil cases appearing before the
 1994  circuit court.
 1995         Section 51. Section 561.37, Florida Statutes, is amended to
 1996  read:
 1997         561.37 Bond for payment of taxes.—Each manufacturer and
 1998  each distributor shall file with the division a surety bond
 1999  acceptable to the division in the sum of $25,000 as surety for
 2000  the payment of all taxes, provided, however, that when in the
 2001  discretion of the division the amount of business done by the
 2002  manufacturer or distributor is of such volume that a bond of
 2003  less than $25,000 will be adequate to secure the payment of all
 2004  taxes assessed or authorized by the Beverage Law, the division
 2005  may accept a bond in a lesser sum than $25,000, but in no event
 2006  shall it accept a bond of less than $10,000, and it may at any
 2007  time in its discretion require any bond in an amount less than
 2008  $25,000 to be increased so as not to exceed $25,000; provided,
 2009  however, that the amount of bond required for a brewer shall be
 2010  $20,000, except that where, in the discretion of the division,
 2011  the amount of business done by the brewer is of such volume that
 2012  a bond of less than $20,000 will be adequate to secure the
 2013  payment of all taxes assessed or authorized by the Beverage Law,
 2014  the program division may accept a bond in a lesser sum than
 2015  $20,000, but in no event shall it accept a bond of less than
 2016  $10,000, and it may at any time in its discretion require any
 2017  bond in an amount less than $20,000 to be increased so as not to
 2018  exceed $20,000; provided further that the amount of the bond
 2019  required for a wine or wine and cordial manufacturer shall be
 2020  $5,000, except that, in the case of a manufacturer engaged
 2021  solely in the experimental manufacture of wines and cordials
 2022  from Florida products, where in the discretion of the division
 2023  the amount of business done by such manufacturer is of such
 2024  volume that a bond of less than $5,000 will be adequate to
 2025  secure the payment of all taxes assessed or authorized by the
 2026  Beverage Law, the division may accept a bond in a lesser sum
 2027  than $5,000, but in no event shall it accept a bond of less than
 2028  $1,000 and it may at any time in its discretion require a bond
 2029  in an amount less than $5,000 to be increased so as not to
 2030  exceed $5,000; provided, further, that the amount of bond
 2031  required for a distributor who sells only beverages containing
 2032  not more than 4.007 percent of alcohol by volume, in counties
 2033  where the sale of intoxicating liquors, wines, and beers is
 2034  prohibited, and to distributors who sell only beverages
 2035  containing not more than 17.259 percent of alcohol by volume and
 2036  wines regardless of alcoholic content, in counties where the
 2037  sale of intoxicating liquors, wines, and beers is permitted,
 2038  shall file with the division a surety bond acceptable to the
 2039  division in the sum of $25,000, as surety for the payment of all
 2040  taxes; provided, however, that where in the discretion of the
 2041  division the amount of business done by such distributor is of
 2042  such volume that a bond of less than $25,000 will be adequate to
 2043  secure the payment of all taxes assessed or authorized by the
 2044  Beverage Law the division may accept a bond in a less sum than
 2045  $25,000 but in no event shall it accept a bond less than $1,000
 2046  and it may at any time in its discretion require any bond in an
 2047  amount less than $25,000 to be increased so as not to exceed
 2048  $25,000; provided, further, that the amount of bond required for
 2049  a distributor in a county having a population of 15,000 or less
 2050  who procures a license by which his or her sales are restricted
 2051  to distributors and vendors who have obtained licenses in the
 2052  same county, shall be $5,000.
 2053         Section 52. Section 561.41, Florida Statutes, is amended to
 2054  read:
 2055         561.41 Maintenance and designation of principal office by
 2056  manufacturers, distributors, importers, and exporters.—Each
 2057  licensed manufacturer, distributor, and importer and each
 2058  registered exporter must have within this state an office
 2059  designated as its principal office within this state and may
 2060  maintain branch offices within or without this state. The
 2061  principal and branch offices of each manufacturer, distributor,
 2062  and importer within this state must, during regular defined
 2063  business hours, be kept open for the inspection of authorized
 2064  employees of the division. Each registered exporter must provide
 2065  access to authorized employees of the division and the program
 2066  to all business premises, inventories, and records, including
 2067  all records of transporters, warehouses, and exporters required
 2068  by the Federal Government, for the purpose of conducting
 2069  semiannual audits and inventories. The division may adopt rules
 2070  to carry out the purposes of this section.
 2071         Section 53. Section 561.49, Florida Statutes, is amended to
 2072  read:
 2073         561.49 No tax on out-of-state sales.—The excise taxes
 2074  provided for in this chapter shall be paid as to all such
 2075  beverages sold within this state. No excise tax shall be
 2076  required to be paid by manufacturers, distributors, or exporters
 2077  as to the sale of beverages which are actually delivered by such
 2078  manufacturer, distributor, or exporter to persons outside the
 2079  state when such deliveries are actually made outside the state
 2080  in places where the sale of such beverages is authorized by law
 2081  to persons authorized by the laws of the places where such
 2082  delivery is made to purchase and receive such beverages in such
 2083  places. The burden shall always be on the manufacturer,
 2084  distributor, or exporter to show to the satisfaction of the
 2085  program division by bill of lading of a common carrier or other
 2086  satisfactory evidence that delivery was made outside the state
 2087  in accordance with the laws of the place of delivery.
 2088         Section 54. Subsection (1) of section 561.50, Florida
 2089  Statutes, is amended to read:
 2090         561.50 One state tax payment; reports.—
 2091         (1) There shall be only one state tax paid as to each
 2092  gallon or fraction thereof of beverage sold under the Beverage
 2093  Law, and no other excise tax shall be levied directly or
 2094  indirectly. Such tax shall be computed from the reports, books,
 2095  and records of manufacturers and distributors; and the amount so
 2096  computed shall be remitted with the report required by s. 561.55
 2097  to the program division at intervals of 1 month, on or before
 2098  the 10th of each month, for all beverages sold during the
 2099  previous calendar month, and such payment of tax shall accompany
 2100  the report required by s. 561.55. If the monthly tax liability
 2101  of a manufacturer or distributor exceeds the amount of the bond
 2102  furnished for payment of taxes, the program division, upon a
 2103  finding based upon substantial and competent evidence that the
 2104  security of the tax revenue involved is in jeopardy, may require
 2105  a bond equal to the anticipated tax liability of the
 2106  manufacturer or distributor. Additionally, the program division
 2107  may increase the frequency of the remittance of the tax when the
 2108  security of the tax involved is in immediate jeopardy or the
 2109  financial condition of the manufacturer or distributor is
 2110  unstable and the potential tax liability exceeds the bond
 2111  furnished under the Beverage Law. In arriving at a conclusion
 2112  that the security of the tax revenue involved is in jeopardy,
 2113  the program division shall consider and be guided by the prior
 2114  history, if any, of the compliance or noncompliance by the
 2115  manufacturer or distributor with beverage tax obligations; the
 2116  transient or nontransient nature of the manufacturer or
 2117  distributorship; the type of inventory, the equity of the
 2118  manufacturer or distributor therein, and the mobility of such
 2119  inventory; the financial status of the manufacturer or
 2120  distributor; and the anticipated tax obligation of the
 2121  manufacturer or distributor.
 2122         Section 55. Section 561.55, Florida Statutes, is amended to
 2123  read:
 2124         561.55 Manufacturers’, distributors’, brokers’, sales
 2125  agents’, importers’, vendors’, and exporters’ records and
 2126  reports.—
 2127         (1) Each manufacturer, distributor, broker, sales agent,
 2128  importer, and exporter shall keep a complete and accurate record
 2129  and make reports showing the amount of:
 2130         (a) Beverages manufactured or sold within the state and to
 2131  whom sold;
 2132         (b) Beverages imported from beyond the limits of the state
 2133  and to whom sold;
 2134         (c) Beverages exported beyond the limits of the state, to
 2135  whom sold, the place where sold, and the address of the person
 2136  to whom sold.
 2137         (2) Each manufacturer, distributor, broker, sales agent,
 2138  and importer shall make a full and complete report by the 10th
 2139  day of each month for the previous calendar month. The report
 2140  shall be made out in triplicate; two copies shall be sent to the
 2141  program division, and a the third copy shall be retained for the
 2142  manufacturer’s, distributor’s, broker’s, sales agent’s, or
 2143  importer’s record. Reports shall be made on forms prepared and
 2144  furnished by the program division.
 2145         (3)(a) Each manufacturer, distributor, broker, agent, and
 2146  importer licensed under the Beverage Law shall maintain and keep
 2147  for a period of 3 years at the licensed place of business such
 2148  records of alcoholic beverages received, sold, or delivered
 2149  within or without this state as may be required by the program
 2150  division.
 2151         (b) Each vendor shall keep records of all purchases and
 2152  other acquisitions of alcoholic beverages for a period of 3
 2153  years.
 2154         (4) Each registered exporter shall supply to the program
 2155  division copies of all certified reports pertaining to
 2156  transporting, warehousing, and exporting alcoholic beverages
 2157  prepared for the Federal Government with all supporting
 2158  documents.
 2159         (5) In addition to the reporting requirements in this
 2160  chapter, manufacturers, distributors, brokers, sales agents,
 2161  importers, and exporters must also provide the program with
 2162  information regarding sales to the retail dealers: the names,
 2163  addresses, retail beverage license numbers, and business partner
 2164  numbers; the invoice numbers; the dates the products were sold;
 2165  the quantity of each type of product sold; and the sales price
 2166  of each type of product sold on its monthly returns.
 2167         Section 56. Section 561.57, Florida Statutes, is amended to
 2168  read:
 2169         561.57 Deliveries by licensees.—
 2170         (1) Vendors are shall be permitted to make deliveries away
 2171  from their places of business of sales actually made at the
 2172  licensed place of business; however provided, telephone,
 2173  electronic mail (e-mail), or mail orders received at vendor’s
 2174  licensed place of business are shall be construed as a sale
 2175  actually made at the vendor’s licensed place of business.
 2176         (2) Deliveries made by a manufacturer, distributor, or
 2177  vendor away from his or her place of business may be made only
 2178  in vehicles which are owned or leased by the licensee. By
 2179  acceptance of an alcoholic beverage license and the use of such
 2180  vehicles, the licensee agrees that such vehicle shall always be
 2181  subject to be inspected and searched without a search warrant,
 2182  for the purpose of ascertaining that all provisions of the
 2183  alcoholic beverage laws are complied with, by authorized
 2184  employees of the division and also by sheriffs, deputy sheriffs,
 2185  and police officers during business hours or other times the
 2186  vehicle is being used to transport or deliver alcoholic
 2187  beverages.
 2188         (3) Any vendor may transport alcoholic beverage purchases
 2189  from a distributor’s place of business to the vendor’s licensed
 2190  premises or off-premises storage, provided that a vehicle permit
 2191  or decal is attached to the vendor’s owned or leased vehicle.
 2192         (4) The division shall have prepared for issuance vehicle
 2193  permits or decals suitable to be attached to such vehicles, with
 2194  the words, “Beverage Vehicle No. ....,” which may be obtained by
 2195  any vendor upon payment of a fee of $5 to the division. Such
 2196  permits are shall be valid and will not expire unless the vendor
 2197  disposes of his or her vehicle, or the vendor’s alcoholic
 2198  beverage license is transferred, canceled, not renewed, or is
 2199  revoked by the division, whichever occurs first. By acceptance
 2200  of a vehicle permit, the licensee agrees that such vehicle is
 2201  shall always be subject to be inspected and searched without a
 2202  search warrant, for the purpose of ascertaining that all
 2203  provisions of the alcoholic beverage laws are complied with, by
 2204  authorized employees of the division and also by sheriffs,
 2205  deputy sheriffs, and police officers during business hours or
 2206  other times the vehicle is being used to transport or deliver
 2207  alcoholic beverages.
 2208         (5) Nothing contained in This section does not shall
 2209  prohibit deliveries by the licensee from his or her permitted
 2210  storage area or deliveries by a distributor from the
 2211  manufacturer to his or her licensed premises; nor shall a pool
 2212  buying agent be prohibited from transporting pool purchases to
 2213  the licensed premises of his or her members with the licensee’s
 2214  owned or leased vehicles, and in such cases, no vehicle permit
 2215  is shall be required in the transporting of such alcoholic
 2216  beverages. In addition, a licensed salesperson of wine and
 2217  spirits is authorized to deliver alcoholic beverages in his or
 2218  her vehicle on behalf of the distributor without having to
 2219  obtain a vehicle permit.
 2220         (6) Common carriers are not required to have vehicle
 2221  permits to transport alcoholic beverages.
 2222         Section 57. Section 562.16, Florida Statutes, is amended to
 2223  read:
 2224         562.16 Possession of beverages upon which tax is unpaid.
 2225  Any person or corporation who shall own or have in her or his or
 2226  its possession any beverage upon which a tax is imposed by the
 2227  Beverage Law, or which would be imposed if such beverage were
 2228  manufactured in or brought into this state in accordance with
 2229  the regulatory provisions of the Beverage Law, and upon which
 2230  such tax has not been paid shall, in addition to the fines and
 2231  penalties otherwise provided in the Beverage Law, be personally
 2232  liable for the amount of the tax imposed on such beverage, and
 2233  the General Tax Administration Program Office within the
 2234  Department of Revenue division may collect such tax from such
 2235  person by suit or otherwise; provided, that this section shall
 2236  not apply to manufacturers or distributors licensed under the
 2237  Beverage Law, to state bonded warehouses or to common carriers;
 2238  provided, further, this section shall not apply to persons
 2239  possessing not in excess of 1 gallon of such beverages;
 2240  provided, the beverage shall have been purchased by said
 2241  possessor outside of the state in accordance with the laws of
 2242  the place where purchased and shall have been brought into this
 2243  state by said possessor. The burden of proof that such beverages
 2244  were purchased outside the state and in accordance with the laws
 2245  of the place where purchased in all cases shall be upon the
 2246  possessor of such beverages.
 2247         Section 58. Section 562.20, Florida Statutes, is amended to
 2248  read:
 2249         562.20 Monthly reports by common and other carriers of
 2250  beverages required.—
 2251         (1) All common carriers of freight operating in the state
 2252  shall file monthly reports with the program division on forms to
 2253  be prepared by the program division which shall show in detail
 2254  all shipments of alcoholic beverages transported by them to or
 2255  from any point within the state.
 2256         (2) Every other person, except manufacturers and
 2257  distributors licensed in this state who are required to make
 2258  reports under s. 561.55, who brings into the state from any
 2259  point without the state any alcoholic beverages, in amounts
 2260  exceeding 1 gallon in the aggregate, shall likewise file monthly
 2261  reports with the program division on the forms to be prepared by
 2262  the program division, which shall show in detail all such
 2263  amounts of alcoholic beverages transported by them to any point
 2264  within the state from any point without the state. Every
 2265  licensee under this law who ships any alcoholic beverage to
 2266  points beyond the state shall file monthly reports with the
 2267  program division on forms to be prepared by the program
 2268  division, which shall show in detail all shipments of alcoholic
 2269  beverages transported by them from any point within the state to
 2270  any point without the state.
 2271         (3) Such reports shall show in detail the name of the
 2272  shipper and the consignee of each shipment and a description of
 2273  the kind and amount of each such shipment and shall be filed
 2274  monthly on or before the 15th of each month for the calendar
 2275  month previous.
 2276         Section 59. Section 562.25, Florida Statutes, is amended to
 2277  read:
 2278         562.25 State bonded warehouses.—
 2279         (1) An No operator of a any storage warehouse may not shall
 2280  accept for storage in such warehouse any alcoholic beverage
 2281  subject to tax under the Beverage Law until such operator shall
 2282  have obtained from the division a permit to store such beverage
 2283  and shall have filed a bond payable to the division, conditioned
 2284  upon the full compliance by such operator with the provisions of
 2285  this section. This section does shall not apply to a federal
 2286  bonded warehouse owned wholly by, and operated solely for, a
 2287  manufacturer or distributor licensed under the Beverage Law.
 2288  Such permit shall issue upon the payment of $1 to the division,
 2289  and may be refused, suspended, or revoked in the same manner and
 2290  upon the same grounds that the license of a distributor may be
 2291  refused, suspended, or revoked. Such bond shall be in an amount
 2292  of not more than $5,000 nor less than $1,000, in the discretion
 2293  of the division, with a surety company licensed to do business
 2294  in the state as surety.
 2295         (2) On or before the 10th day of each month the operator of
 2296  any state bonded warehouse shall report, on forms furnished by
 2297  the program division, the amount of such beverages on deposit in
 2298  such warehouse on the last day of the previous calendar month
 2299  and the amount of such beverages deposited in and withdrawn from
 2300  such warehouse during the previous calendar month, except that
 2301  no report is shall be required as to such beverages on which all
 2302  taxes have been paid which have been deposited in storage by a
 2303  vendor licensed under the Beverage Law.
 2304         Section 60. Section 562.41, Florida Statutes, is amended to
 2305  read:
 2306         562.41 Searches; penalty.—
 2307         (1) Any authorized employee of the division, program, any
 2308  sheriff, any deputy sheriff, or any police officer may make
 2309  searches of persons, places, and conveyances of any kind
 2310  whatsoever in accordance with the laws of this state for the
 2311  purpose of determining whether or not the provisions of the
 2312  Beverage Law are being violated.
 2313         (2) Any authorized employee of the division or, program,
 2314  any sheriff, any deputy sheriff, or any police officer may enter
 2315  in the daytime any building or place where any beverages subject
 2316  to tax under the Beverage Law or which would be subject to tax
 2317  thereunder if such beverages were manufactured in or brought
 2318  into this state in accordance with the regulatory provisions
 2319  thereof, or any alcoholic beverages, are manufactured, produced,
 2320  or kept, so far as may be necessary, for the purpose of
 2321  examining the said beverages. When such premises are open at
 2322  night, such officers may enter them while so open, in the
 2323  performance of their official duties.
 2324         (3) Any owner of such premises or person having the agency,
 2325  superintendency, or possession of same, who refuses to admit
 2326  such officer or to suffer her or him to examine such beverages,
 2327  commits shall be guilty of a misdemeanor of the second degree,
 2328  punishable as provided in s. 775.082 or s. 775.083.
 2329         (4) Any person who shall forcibly obstruct or hinder the
 2330  director of the division or the director of the program, any
 2331  division or program employee, any sheriff, any deputy sheriff,
 2332  or any police officer in the execution of any power or authority
 2333  vested in her or him by law, or who shall forcibly rescue or
 2334  cause to be rescued any property if the same shall have been
 2335  seized by such officer, or shall attempt or endeavor to do so,
 2336  commits shall be guilty of a misdemeanor of the second degree,
 2337  punishable as provided in s. 775.082 or s. 775.083.
 2338         (5) Licensees, by the acceptance of their license, agree
 2339  that their places of business shall always be subject to be
 2340  inspected and searched without search warrants by the authorized
 2341  employees of the division or program, and also by sheriffs,
 2342  deputy sheriffs, and police officers during business hours or at
 2343  any other time such premises are occupied by the licensee or
 2344  other persons.
 2345         Section 61. Section 563.01, Florida Statutes, is amended to
 2346  read:
 2347         563.01 Definition.—As used in this chapter, the terms:
 2348         (1)The terms “Beer” and “malt beverage” mean all brewed
 2349  beverages containing malt.
 2350         (2) “Program” means the General Tax Administration Program
 2351  Office within the Department of Revenue.
 2352         Section 62. Paragraph (b) of subsection (5) of section
 2353  563.06, Florida Statutes, is amended to read:
 2354         563.06 Malt beverages; imprint on individual container;
 2355  size of containers; exemptions.—
 2356         (5)
 2357         (b) Before Prior to shipping individual containers of malt
 2358  beverages into the state which do not have the word “Florida” or
 2359  “FL” imprinted thereon, the manufacturer must file an
 2360  application with the division to claim the exemption contained
 2361  herein and must obtain approval from the division to ship
 2362  individual containers of malt beverages into the state which do
 2363  not have the word “Florida” or “FL” imprinted thereon.
 2364  Information furnished by the manufacturer to establish the
 2365  criteria contained within paragraph (a) may be subject to an
 2366  annual audit and verification by the program or the division.
 2367  The division may revoke an approved exemption if the
 2368  manufacturer refuses to furnish the information required in
 2369  paragraph (a) upon request of the division, or if the
 2370  manufacturer fails to permit a subsequent verification audit, or
 2371  if the manufacturer fails to fully cooperate with the division
 2372  or the program during the conducting of an audit.
 2373         Section 63. Section 563.07, Florida Statutes, is amended to
 2374  read:
 2375         563.07 Beer distributors’ collection credit.—For the
 2376  purpose of allowing credit to licensed distributors of malt
 2377  beverages or beer for keeping prescribed records, furnishing
 2378  bond, and properly accounting for and remitting taxes due to the
 2379  state, such licensed distributors shall be allowed 2.5 percent
 2380  of the amount of the tax due, accounted for, and remitted to the
 2381  program division, in the form of a deduction from such
 2382  remittance. However, no allowance may be granted or permitted
 2383  when the tax is delinquent at the time of payment.
 2384         Section 64. Subsection (3) is added to section 564.01,
 2385  Florida Statutes, to read:
 2386         564.01 Definitions.—
 2387         (3) “Program” means the General Tax Administration Program
 2388  Office within the Department of Revenue.
 2389         Section 65. Subsections (7) and (9) of section 564.06,
 2390  Florida Statutes, are amended to read:
 2391         564.06 Excise taxes on wines and beverages.—
 2392         (7) Every distributor selling wine within the state shall
 2393  pay the tax to the program division monthly on or before the
 2394  10th day of the following month, less 1.9 percent of the tax
 2395  due, which shall be withheld by the distributor for keeping
 2396  prescribed records, furnishing bond, and properly accounting for
 2397  and remitting taxes due to the state. However, no allowance
 2398  shall be granted or permitted when the tax is delinquent at the
 2399  time of payment.
 2400         (9) The program may department is authorized to adopt rules
 2401  to administer effectuate the provisions of this section.
 2402         Section 66. Section 565.01, Florida Statutes, is amended to
 2403  read:
 2404         565.01 Definition; liquor.—As used in this chapter, the
 2405  term:
 2406         (1)The words “Liquor,” “distilled spirits,” “spirituous
 2407  liquors,” “spirituous beverages,” or “distilled spirituous
 2408  liquors” mean that substance known as ethyl alcohol, ethanol, or
 2409  spirits of wine in any form, including all dilutions and
 2410  mixtures thereof from whatever source or by whatever process
 2411  produced.
 2412         (2) “Program” means the General Tax Administration Program
 2413  Office within the Department of Revenue.
 2414         Section 67. Subsections (2), (3), and (9) of section
 2415  565.02, Florida Statutes, are amended to read:
 2416         565.02 License fees; vendors; clubs; caterers; and others.—
 2417         (2) Any operator of railroads or sleeping cars in this
 2418  state may obtain a license to sell the beverages mentioned in
 2419  the Beverage Law on passenger trains upon the payment of an
 2420  annual license tax of $2,500, the tax to be paid to the
 2421  division. Such license shall authorize the holder thereof to
 2422  keep for sale and sell all beverages mentioned in the Beverage
 2423  Law upon any dining, club, parlor, buffet, or observation car
 2424  operated by it in this state, but such beverages may be sold
 2425  only to passengers upon the cars and must be served for
 2426  consumption thereon. It is unlawful for such licensees to
 2427  purchase or sell any liquor except in miniature bottles of not
 2428  more than 2 ounces. Every such license shall be good throughout
 2429  the state. No license shall be required, or tax levied by any
 2430  municipality or county, for the privilege of selling such
 2431  beverages for consumption in such cars. Such beverages shall be
 2432  sold only on cars in which are posted certified copies of the
 2433  licenses issued to such operator. Such certified copies of such
 2434  licenses shall be issued by the division upon the payment of a
 2435  tax of $10.
 2436         (3)(a) Operators of steamships and steamship lines, buses
 2437  and bus lines, or airplanes and airlines engaged in interstate
 2438  or foreign commerce or plying between fixed terminals and upon
 2439  fixed schedules in this state may obtain licenses to sell the
 2440  beverages mentioned in the Beverage Law:
 2441         1. On steamships, buses, and airplanes operated by such
 2442  operators, upon the payment of an annual license tax of $1,100;
 2443  and
 2444         2. In no more than one passenger waiting lounge licensed by
 2445  the division and operated by an airline licensed herein at each
 2446  of its terminals in the state for ticketed passengers whose
 2447  flights are scheduled to depart within 24 hours of service and
 2448  guests in the company of such ticketholders, provided such
 2449  licensed airline has first obtained an appropriate space lease
 2450  or permit providing for payment of nondiscriminatory rental and
 2451  concession fees and upon the payment of an additional license
 2452  tax of $1,100 per lounge.
 2453  
 2454  All such license taxes shall be paid to the division. Such
 2455  licenses shall authorize the holders thereof to keep for sale
 2456  and sell all beverages mentioned in the Beverage Law upon any
 2457  steamship, bus, or airplane or in any such airline passenger
 2458  waiting lounge operated by such operators in this state, but
 2459  such beverages may be sold only to passengers upon such
 2460  steamships, buses, and airplanes and to ticketed passengers and
 2461  their guests in such airline passenger waiting lounges and may
 2462  be served only for consumption on such steamships, buses, and
 2463  airplanes or in such airline passenger waiting lounges. It is
 2464  unlawful for such licensees to purchase for resale any liquor
 2465  except in miniature bottles of not more than 2 ounces or liquor
 2466  in individual containers of not less than one-fifth of 1 gallon.
 2467  Such sales are permitted while such steamships, buses, and
 2468  airplanes are in transit; but such sales are not permitted on
 2469  airplanes while such airplanes are in airports. Every such
 2470  license shall be good throughout the state. No license may be
 2471  required or tax levied by any municipality or county for the
 2472  privilege of selling such beverages for consumption on such
 2473  steamships, buses, or airplanes or in such airline passenger
 2474  waiting lounges. The division shall issue a license to sell
 2475  alcoholic beverages on steamships, buses, and airplanes to an
 2476  operator of a steamship line, bus line, or airline, at a central
 2477  location designated on the sworn application for license. The
 2478  application for initial issuance of such a license must specify
 2479  the number of steamships, buses, or airplanes in the fleet
 2480  scheduled by the operator of the line for operation in this
 2481  state. An application for renewal of such a license must specify
 2482  the total number of steamships, buses, or airplanes in the fleet
 2483  that operated in this state during the preceding license year.
 2484  In addition to the annual license tax imposed under this
 2485  subsection, a tax of $25 is imposed for each steamship, bus, or
 2486  airplane which is disclosed on the application for license or
 2487  renewal of license. Upon the payment of all applicable license
 2488  taxes, each such steamship, bus, or airplane is considered a
 2489  licensed premises under the Beverage Law. However, this
 2490  paragraph does not apply to operators of pleasure, excursion,
 2491  sightseeing, or charter boats not having regular round-trip runs
 2492  of more than 100 miles in each direction; but operators of such
 2493  boats may obtain licenses, with such boats being designated as
 2494  their places of business, upon compliance with all the laws
 2495  relating to vendors operating places of business where
 2496  consumption on the premises is permitted. However, the operator
 2497  of any pleasure, excursion, sightseeing, or charter boat which
 2498  has a Coast Guard-approved capacity of at least 125 passengers
 2499  may be granted a special liquor license to sell and serve
 2500  alcoholic beverages to passengers during a period of no longer
 2501  than 1 hour prior to departure on a scheduled or chartered
 2502  cruise while the boat is docked at a docking facility or marina
 2503  and the period during which the boat is in operation on the
 2504  scheduled or chartered cruise for consumption on the premises
 2505  only. The fee for such special license shall be the same as that
 2506  charged pursuant to paragraphs (1)(b)-(f) based on the location
 2507  of the home port of the boat. Also, no license to sell the
 2508  beverages herein defined shall be issued to the operator of any
 2509  boat which plies upon or is anchored upon the waters of any lake
 2510  within this state.
 2511         (b) Operators of railroads, sleeping cars, steamships,
 2512  buses, and airplanes licensed under this section shall not be
 2513  required to obtain their beverages from licensees under the
 2514  Beverage Law, but such operators shall keep strict accounts of
 2515  all such beverages sold within this state and shall make monthly
 2516  reports to the program division on the forms prepared and
 2517  furnished by the program division. Such operators are required
 2518  to pay an excise tax for such beverages sold within this state
 2519  as to which such excise tax has not theretofore been paid, equal
 2520  to the tax assessed against manufacturers and distributors. Such
 2521  operators shall pay such tax monthly to the program division at
 2522  the same time they furnish the reports hereinabove provided for.
 2523  Such reports shall be filed on or before the 15th day of each
 2524  month for sales for the previous calendar month.
 2525         (9) It is the finding of the Legislature that passenger
 2526  vessels engaged exclusively in foreign commerce are susceptible
 2527  to a distinct and separate classification for purposes of the
 2528  sale of alcoholic beverages under the Beverage Law. Upon the
 2529  filing of an application and payment of an annual fee of $1,100,
 2530  the director is authorized to issue a permit authorizing the
 2531  operator, or, if applicable, his or her concessionaire, of a
 2532  passenger vessel which has cabin-berth capacity for at least 75
 2533  passengers, and which is engaged exclusively in foreign
 2534  commerce, to sell alcoholic beverages on the vessel for
 2535  consumption on board only:
 2536         (a) During a period not in excess of 24 hours prior to
 2537  departure while the vessel is moored at a dock or wharf in a
 2538  port of this state; or
 2539         (b) At any time while the vessel is located in Florida
 2540  territorial waters and is in transit to or from international
 2541  waters.
 2542  
 2543  One such permit shall be required for each such vessel and shall
 2544  name the vessel for which it is issued. No license shall be
 2545  required or tax levied by any municipality or county for the
 2546  privilege of selling beverages for consumption on board such
 2547  vessels. The beverages so sold may be purchased outside the
 2548  state by the permittee, and the same shall not be considered as
 2549  imported for the purposes of s. 561.14(3) solely because of such
 2550  sale. The permittee is not required to obtain its beverages from
 2551  licensees under the Beverage Law, but it shall keep a strict
 2552  account of all such beverages sold within this state and shall
 2553  make monthly reports to the program division on forms prepared
 2554  and furnished by the program division. A permittee who sells on
 2555  board the vessel beverages withdrawn from United States Bureau
 2556  of Customs and Border Protection bonded storage on board the
 2557  vessel may satisfy such accounting requirement by supplying the
 2558  program division with copies of the appropriate United States
 2559  Bureau of Customs and Border Protection forms evidencing such
 2560  withdrawals as importations under United States customs laws.
 2561  Such permittee shall pay to the state an excise tax for
 2562  beverages sold pursuant to this section, if such excise tax has
 2563  not previously been paid, in an amount equal to the tax which
 2564  would be required to be paid on such sales by a licensed
 2565  manufacturer or distributor. A vendor holding such permit shall
 2566  pay the tax monthly to the program division at the same time he
 2567  or she furnishes the required report. Such report shall be filed
 2568  on or before the 15th day of each month for the sales occurring
 2569  during the previous calendar month.
 2570         Section 68. Subsection (4) of section 565.12, Florida
 2571  Statutes, is amended to read:
 2572         565.12 Excise tax on liquors and beverages.—
 2573         (4) The Department of Revenue may department is authorized
 2574  to adopt rules to administer effectuate the provisions of this
 2575  section.
 2576         Section 69. Section 565.13, Florida Statutes, is amended to
 2577  read:
 2578         565.13 Monthly payment of tax by distributor.—Every
 2579  distributor selling spirituous beverages within the state shall
 2580  pay the tax to the program division monthly on or before the
 2581  10th day of the following month, less 1.0 percent of the tax
 2582  due, which shall be withheld by the distributor for keeping
 2583  prescribed records, furnishing bond, and properly accounting for
 2584  and remitting taxes due to the state. However, no allowance may
 2585  be granted or permitted when the tax is delinquent at the time
 2586  of payment.
 2587         Section 70. Section 568.10, Florida Statutes, is amended to
 2588  read:
 2589         568.10 Confiscation of liquors.—Upon the arrest of any
 2590  person charged with a violation of any of the provisions of this
 2591  chapter, the arresting officer shall take into his or her
 2592  custody all of the intoxicating liquors, wines, or beer found in
 2593  the possession, custody or control of the person arrested, and
 2594  safely keep and preserve the same and have it forthcoming at any
 2595  investigation, prosecution or other proceeding for the violation
 2596  of any of the provisions of this chapter, and for the
 2597  destruction of same as is in this section provided. Upon the
 2598  conviction of the person arrested for the violation of any
 2599  provision of this chapter, the judge of the court trying the
 2600  case, after notice to the person convicted and any other person
 2601  who the judge may be of the opinion is entitled to notice, as
 2602  the judge may deem reasonable, shall issue to the sheriff of the
 2603  county, division, or authorized municipality a written order
 2604  adjudging and declaring such intoxicating liquors, wines, or
 2605  beer forfeited and directing the sheriff, division, or
 2606  authorized municipality to sell the liquors, wines, or beer to
 2607  any licensed wholesaler in the state upon the condition that the
 2608  intoxicating liquors, wines, and beer must be first inspected by
 2609  an employee of the program or division to ascertain that all
 2610  state taxes applicable have been paid. Sale shall be made,
 2611  however, only upon submission by the sheriff, division, or
 2612  authorized municipality of a request for bids to at least five
 2613  wholesalers in the state, and the sale shall be made to the
 2614  highest and best bidder; provided, however, if in the opinion of
 2615  the sheriff, division, or authorized municipality no
 2616  satisfactory bid from a wholesaler is received, bids may then be
 2617  rejected and the intoxicating liquors, wines, or beer so seized
 2618  and forfeited may be sold to any retailer licensed in this state
 2619  to sell such beverages provided that the sale shall be made only
 2620  upon submission by the sheriff, division, or authorized
 2621  municipality of a request for bids to at least five retail
 2622  dealers in the state and that the sale shall be made to the
 2623  highest and best bidder therefor; the order shall further
 2624  provide, in the event any forfeited liquors, wines, or beer
 2625  cannot be sold, that the sheriff, division, or authorized
 2626  municipality shall immediately destroy same or that the sheriff
 2627  or authorized municipality shall deliver same to the division
 2628  for the disposition as provided in s. 562.44. In the event that
 2629  the liquors, wines, or beer are to be destroyed under the order,
 2630  the destruction by the sheriff or authorized municipality shall
 2631  be in the presence of the clerk of the circuit court of the
 2632  county and at times, places and in the manner as the judge, in
 2633  his or her order, directs.
 2634         Section 71. Present subsections (4) through (7) of section
 2635  569.002, Florida Statutes, are renumbered as subsections (5)
 2636  through (8), respectively, and new subsection (4) is added to
 2637  that section, to read:
 2638         569.002 Definitions.—As used in this chapter, the term:
 2639         (4) “Program” means the General Tax Administration Program
 2640  Office of the Department of Revenue.
 2641         Section 72. Section 569.004, Florida Statutes, is amended
 2642  to read:
 2643         569.004 Consent to inspection and search without warrant.
 2644  An applicant for a permit, by accepting the permit when issued,
 2645  agrees that the place or premises covered by the permit is
 2646  subject to inspection and search without a search warrant by the
 2647  division or the program or their its authorized assistants, and
 2648  by sheriffs, deputy sheriffs, or police officers, to determine
 2649  compliance with this chapter.
 2650         Section 73. Section 569.009, Florida Statutes, is amended
 2651  to read:
 2652         569.009 Rulemaking authority.—The division shall adopt any
 2653  rules necessary to administer and enforce the provisions of this
 2654  chapter. The program may adopt any rules necessary for the
 2655  collection or audit of taxes and surcharges on tobacco products.
 2656         Section 74. Section 213.05, Florida Statutes, is amended to
 2657  read:
 2658         213.05 Department of Revenue; control and administration of
 2659  revenue laws.—The Department of Revenue shall have only those
 2660  responsibilities for ad valorem taxation specified to the
 2661  department in chapter 192, taxation, general provisions; chapter
 2662  193, assessments; chapter 194, administrative and judicial
 2663  review of property taxes; chapter 195, property assessment
 2664  administration and finance; chapter 196, exemption; chapter 197,
 2665  tax collections, sales, and liens; chapter 199, intangible
 2666  personal property taxes; and chapter 200, determination of
 2667  millage. The Department of Revenue shall have the responsibility
 2668  of regulating, controlling, and administering all revenue laws
 2669  and performing all duties as provided in s. 125.0104, the Local
 2670  Option Tourist Development Act; s. 125.0108, tourist impact tax;
 2671  chapter 198, estate taxes; chapter 201, excise tax on documents;
 2672  chapter 202, communications services tax; chapter 203, gross
 2673  receipts taxes; chapter 206, motor and other fuel taxes; chapter
 2674  210, for the function of collecting and auditing taxes and
 2675  surcharges on cigarette and tobacco products; chapter 211, tax
 2676  on production of oil and gas and severance of solid minerals;
 2677  chapter 212, tax on sales, use, and other transactions; chapter
 2678  220, income tax code; chapter 221, emergency excise tax; ss.
 2679  336.021 and 336.025, taxes on motor fuel and special fuel; s.
 2680  376.11, pollutant spill prevention and control; s. 403.718,
 2681  waste tire fees; s. 403.7185, lead-acid battery fees; s. 538.09,
 2682  registration of secondhand dealers; s. 538.25, registration of
 2683  secondary metals recyclers; chapters 561, 562, 563, 564, and
 2684  565, for the functions of collecting and auditing taxes on
 2685  alcoholic beverages; s. 624.4621, group self-insurer’s fund
 2686  premium tax; s. 624.5091, retaliatory tax; s. 624.475,
 2687  commercial self-insurance fund premium tax; ss. 624.509-624.511,
 2688  insurance code: administration and general provisions; s.
 2689  624.515, State Fire Marshal regulatory assessment; s. 627.357,
 2690  medical malpractice self-insurance premium tax; s. 629.5011,
 2691  reciprocal insurers premium tax; and s. 681.117, motor vehicle
 2692  warranty enforcement.
 2693         Section 75. The Legislature hereby finds that the failure
 2694  to promptly implement this act would present an immediate threat
 2695  to the welfare of the state because the revenues needed for
 2696  operation of the state would not be collected. Therefore, the
 2697  Department of Revenue and the Department of Business and
 2698  Professional Regulation are authorized and all conditions are
 2699  deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
 2700  and 120.54, Florida Statutes, to administer this act. The
 2701  emergency rules shall remain in effect for 6 months after the
 2702  rules are adopted and the emergency rules may be renewed during
 2703  the pendency of procedures to adopt permanent rules addressing
 2704  the subject of the emergency rules.
 2705         Section 76. This act shall take effect July 1, 2011.