ENROLLED
       2021 Legislature            CS for CS for SB 1966, 1st Engrossed
       
       
       
       
       
       
                                                             20211966er
    1  
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 210.09, F.S.;
    4         requiring that certain reports relating to the
    5         transportation or possession of cigarettes be filed
    6         with the Division of Alcoholic Beverages and Tobacco
    7         through the division’s electronic data submission
    8         system; providing that specified records relating to
    9         cigarettes received, sold, or delivered within the
   10         state may be kept in an electronic or paper format;
   11         amending s. 210.55, F.S.; requiring that certain
   12         entities file reports, rather than returns, relating
   13         to tobacco products with the division; providing
   14         requirements for such reports; amending s. 210.60,
   15         F.S.; providing that specified records relating to
   16         tobacco products may be kept in an electronic or paper
   17         format; amending s. 489.109, F.S.; removing provisions
   18         relating to an additional fee for application and
   19         renewal, transfer of funds, recommendations by the
   20         Construction Industry Licensing Board for use of such
   21         funds, distribution of such funds by the department,
   22         and required reports of the department; amending s.
   23         489.118, F.S.; removing an obsolete date; amending s.
   24         489.509, F.S.; deleting requirements relating to
   25         certain fees collected by the department for
   26         electrical and alarm system contracting; amending s.
   27         499.01, F.S.; exempting certain persons from specified
   28         permit requirements under certain circumstances;
   29         requiring an exempt cosmetics manufacturer to provide,
   30         upon request, to the department specified
   31         documentation verifying his or her annual gross sales;
   32         authorizing an exempt cosmetics manufacturer to only
   33         manufacture and sell specified products; requiring
   34         specified labeling for each unit of cosmetics
   35         manufactured by an exempt cosmetics manufacturer;
   36         authorizing the department to investigate complaints
   37         and to enter and inspect the premises of an exempt
   38         cosmetics manufacturer; providing disciplinary
   39         actions; providing construction; amending s. 499.012,
   40         F.S.; authorizing specified establishments to submit a
   41         request for a temporary permit; requiring such
   42         establishments to submit the request to the department
   43         on specified forms; providing that upon authorization
   44         by the department for a temporary permit for a certain
   45         location, the existing permit for such location is
   46         immediately null and void; prohibiting a temporary
   47         permit from being extended; providing for expiration
   48         of a temporary permit; prohibiting an establishment
   49         from operating under an expired temporary permit;
   50         amending s. 499.066, F.S.; requiring the department to
   51         adopt rules to permit the issuance of remedial,
   52         nondisciplinary citations; providing requirements for
   53         such citations; providing for contest of and the
   54         rescinding of a citation; authorizing the department
   55         to recover specified costs relating to a citation;
   56         providing a timeframe for when a citation may be
   57         issued; providing requirements for the service of a
   58         citation; authorizing the department to adopt and
   59         amend rules, designate violations and monetary
   60         assessments, and order remedial measures that must be
   61         taken for such violations; amending s. 548.003, F.S.;
   62         renaming the Florida State Boxing Commission as the
   63         Florida Athletic Commission; amending s. 548.043,
   64         F.S.; revising rulemaking requirements for the
   65         commission relating to gloves; amending s. 553.841,
   66         F.S.; conforming a provision to changes made by the
   67         act; amending s. 561.01, F.S.; deleting the definition
   68         of the term “permit carrier”; amending s. 561.17,
   69         F.S.; revising a requirement related to the filing of
   70         fingerprints with the division; requiring that
   71         applications be accompanied by certain information
   72         relating to right of occupancy; providing requirements
   73         relating to contact information for licensees and
   74         permittees; amending s. 561.19, F.S.; revising
   75         provisions relating to the availability of beverage
   76         licenses to include by reason of the cancellation of a
   77         quota beverage license; amending s. 561.20, F.S.;
   78         conforming cross-references; revising requirements for
   79         issuing special licenses to certain food service
   80         establishments; amending s. 561.42, F.S.; requiring
   81         the division, and authorizing vendors, to use
   82         electronic mail to give certain notice; amending s.
   83         561.55, F.S.; revising requirements for reports
   84         relating to alcoholic beverages; amending s. 562.03,
   85         F.S.; revising requirements for the storage of
   86         alcoholic beverages on a vendor’s licensed premises;
   87         providing applicability; amending s. 562.455, F.S.;
   88         removing grains of paradise as a form of adulteration
   89         of liquor used or intended for drink; amending s.
   90         718.112, F.S.; providing the circumstances under which
   91         a person is delinquent in the payment of an assessment
   92         in the context of eligibility for membership on
   93         certain condominium boards; requiring boards to adopt
   94         annual budgets within a specified timeframe;
   95         specifying that the failure to adopt a timely budget a
   96         second time is a minor violation and that the previous
   97         year’s budget continues in effect until a new budget
   98         is adopted; amending s. 718.501, F.S.; authorizing the
   99         Division of Florida Condominiums, Timeshares, and
  100         Mobile Homes to adopt rules regarding the submission
  101         of complaints against a condominium association;
  102         amending s. 718.5014, F.S.; revising the location
  103         requirements for the principal office of the
  104         condominium ombudsman; amending s. 719.106, F.S.;
  105         requiring boards of administration to adopt annual
  106         budgets within a specified timeframe; specifying that
  107         the failure to adopt a timely budget a second time is
  108         a minor violation and that the previous year’s budget
  109         continues in effect until a new budget is adopted;
  110         amending ss. 455.219, 548.002, 548.05, 548.071, and
  111         548.077, F.S.; conforming provisions to changes made
  112         by the act; providing an effective date.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Subsections (2) and (3) of section 210.09,
  117  Florida Statutes, are amended to read:
  118         210.09 Records to be kept; reports to be made;
  119  examination.—
  120         (2) The division is authorized to prescribe and promulgate
  121  by rules and regulations, which shall have the force and effect
  122  of the law, such records to be kept and reports to be made to
  123  the division by any manufacturer, importer, distributing agent,
  124  wholesale dealer, retail dealer, common carrier, or any other
  125  person handling, transporting or possessing cigarettes for sale
  126  or distribution within the state as may be necessary to collect
  127  and properly distribute the taxes imposed by s. 210.02. All
  128  reports shall be made on or before the 10th day of the month
  129  following the month for which the report is made, unless the
  130  division by rule or regulation shall prescribe that reports be
  131  made more often. All reports shall be filed with the division
  132  through the division’s electronic data submission system.
  133         (3) All manufacturers, importers, distributing agents,
  134  wholesale dealers, agents, or retail dealers shall maintain and
  135  keep for a period of 3 years at the place of business where any
  136  transaction takes place, such records of cigarettes received,
  137  sold, or delivered within the state as may be required by the
  138  division. Such records may be kept in an electronic or paper
  139  format. The division or its duly authorized representative is
  140  hereby authorized to examine the books, papers, invoices, and
  141  other records, the stock of cigarettes in and upon any premises
  142  where the same are placed, stored, and sold, and the equipment
  143  of any such manufacturers, importers, distributing agents,
  144  wholesale dealers, agents, or retail dealers, pertaining to the
  145  sale and delivery of cigarettes taxable under this part. To
  146  verify the accuracy of the tax imposed and assessed by this
  147  part, each person is hereby directed and required to give to the
  148  division or its duly authorized representatives the means,
  149  facilities, and opportunity for such examinations as are herein
  150  provided for and required.
  151         Section 2. Section 210.55, Florida Statutes, is amended to
  152  read:
  153         210.55 Distributors; monthly reports returns.—
  154         (1) On or before the 10th of each month, every taxpayer
  155  with a place of business in this state shall file a full and
  156  complete report return with the division showing the taxable
  157  price of each tobacco product brought or caused to be brought
  158  into this state for sale, or made, manufactured, or fabricated
  159  in this state for sale in this state, during the preceding
  160  month. Every taxpayer outside this state shall file a full and
  161  complete report with the division through the division’s
  162  electronic data submission system return showing the quantity
  163  and taxable price of each tobacco product shipped or transported
  164  to retailers in this state, to be sold by those retailers,
  165  during the preceding month. Reports must Returns shall be made
  166  upon forms furnished and prescribed by the division and must
  167  shall contain any other information that the division requires.
  168  Each report must return shall be accompanied by a remittance for
  169  the full tax liability shown and be filed with the division
  170  through the division’s electronic data submission system.
  171         (2) As soon as practicable after any report return is
  172  filed, the division shall examine each report return and correct
  173  it, if necessary, according to its best judgment and
  174  information. If the division finds that any amount of tax is due
  175  from the taxpayer and unpaid, it shall notify the taxpayer of
  176  the deficiency, stating that it proposes to assess the amount
  177  due together with interest and penalties. If a deficiency
  178  disclosed by the division’s examination cannot be allocated to
  179  one or more particular months, the division shall notify the
  180  taxpayer of the deficiency, stating its intention to assess the
  181  amount due for a given period without allocating it to any
  182  particular months.
  183         (3) If, within 60 days after the mailing of notice of the
  184  proposed assessment, the taxpayer files a protest to the
  185  proposed assessment and requests a hearing on it, the division
  186  shall give notice to the taxpayer of the time and place fixed
  187  for the hearing, shall hold a hearing on the protest, and shall
  188  issue a final assessment to the taxpayer for the amount found to
  189  be due as a result of the hearing. If a protest is not filed
  190  within 60 days, the division shall issue a final assessment to
  191  the taxpayer. In any action or proceeding in respect to the
  192  proposed assessment, the taxpayer shall have the burden of
  193  establishing the incorrectness or invalidity of any final
  194  assessment made by the division.
  195         (4) If any taxpayer required to file any report return
  196  fails to do so within the time prescribed, the taxpayer shall,
  197  on the written demand of the division, file the report return
  198  within 20 days after mailing of the demand and at the same time
  199  pay the tax due on its basis. If the taxpayer fails within that
  200  time to file the report return, the division shall prepare the
  201  report return from its own knowledge and from the information
  202  that it obtains and on that basis shall assess a tax, which
  203  shall be paid within 10 days after the division has mailed to
  204  the taxpayer a written notice of the amount and a demand for its
  205  payment. In any action or proceeding in respect to the
  206  assessment, the taxpayer shall have the burden of establishing
  207  the incorrectness or invalidity of any report return or
  208  assessment made by the division because of the failure of the
  209  taxpayer to make a report return.
  210         (5) All taxes are due not later than the 10th day of the
  211  month following the calendar month in which they were incurred,
  212  and thereafter shall bear interest at the annual rate of 12
  213  percent. If the amount of tax due for a given period is assessed
  214  without allocating it to any particular month, the interest
  215  shall begin with the date of the assessment.
  216         (6) In issuing its final assessment, the division shall add
  217  to the amount of tax found due and unpaid a penalty of 10
  218  percent, but if it finds that the taxpayer has made a false
  219  report return with intent to evade the tax, the penalty shall be
  220  50 percent of the entire tax as shown by the corrected report
  221  return. In assessing a tax on the basis of a report return made
  222  under subsection (4), the division shall add to the amount of
  223  tax found due and unpaid a penalty of 25 percent.
  224         (7) For the purpose of compensating the distributor for the
  225  keeping of prescribed records and the proper accounting and
  226  remitting of taxes imposed under this part, the distributor
  227  shall be allowed 1 percent of the amount of the tax due and
  228  accounted for and remitted to the division in the form of a
  229  deduction in submitting his or her report and paying the amount
  230  due; and the division shall allow such deduction of 1 percent of
  231  the amount of the tax to the person paying the same for
  232  remitting the tax in the manner herein provided, for paying the
  233  amount due to be paid by him or her, and as further compensation
  234  to the distributor for the keeping of prescribed records and for
  235  collection of taxes and remitting the same.
  236         (a) The collection allowance may not be granted, nor may
  237  any deduction be permitted, if the tax is delinquent at the time
  238  of payment.
  239         (b) The division may reduce the collection allowance by 10
  240  percent or $50, whichever is less, if a taxpayer files an
  241  incomplete report return.
  242         1. An “incomplete report returnmeans is, for purposes of
  243  this section part, a report return which is lacking such
  244  uniformity, completeness, and arrangement that the physical
  245  handling, verification, or review of the report return may not
  246  be readily accomplished.
  247         2. The division shall adopt rules requiring such
  248  information as it may deem necessary to ensure that the tax
  249  levied hereunder is properly collected, reviewed, compiled, and
  250  enforced, including, but not limited to: the amount of taxable
  251  sales; the amount of tax collected or due; the amount claimed as
  252  the collection allowance; the amount of penalty and interest;
  253  the amount due with the report return; and such other
  254  information as the division may specify.
  255         Section 3. Section 210.60, Florida Statutes, is amended to
  256  read:
  257         210.60 Books, records, and invoices to be kept and
  258  preserved; inspection by agents of division.—Every distributor
  259  shall keep in each licensed place of business complete and
  260  accurate records for that place of business, including itemized
  261  invoices of tobacco products held, purchased, manufactured,
  262  brought in or caused to be brought in from without the state, or
  263  shipped or transported to retailers in this state, and of all
  264  sales of tobacco products made, except sales to an ultimate
  265  consumer. Such records shall show the names and addresses of
  266  purchasers and other pertinent papers and documents relating to
  267  the purchase, sale, or disposition of tobacco products. When a
  268  licensed distributor sells tobacco products exclusively to
  269  ultimate consumers at the addresses given in the license, no
  270  invoice of those sales shall be required, but itemized invoices
  271  shall be made of all tobacco products transferred to other
  272  retail outlets owned or controlled by that licensed distributor.
  273  All books, records and other papers, and other documents
  274  required by this section to be kept shall be preserved for a
  275  period of at least 3 years after the date of the documents, as
  276  aforesaid, or the date of the entries thereof appearing in the
  277  records, unless the division, in writing, authorizes their
  278  destruction or disposal at an earlier date. At any time during
  279  usual business hours, duly authorized agents or employees of the
  280  division may enter any place of business of a distributor and
  281  inspect the premises, the records required to be kept under this
  282  part, and the tobacco products contained therein to determine
  283  whether all the provisions of this part are being fully complied
  284  with. Refusal to permit such inspection by a duly authorized
  285  agent or employee of the division shall be grounds for
  286  revocation of the license. Every person who sells tobacco
  287  products to persons other than an ultimate consumer shall render
  288  with each sale an itemized invoice showing the seller’s name and
  289  address, the purchaser’s name and address, the date of sale, and
  290  all prices and discounts. The seller shall preserve legible
  291  copies of all such invoices for 3 years from the date of sale.
  292  Every retailer shall produce itemized invoices of all tobacco
  293  products purchased. The invoices shall show the name and address
  294  of the seller and the date of purchase. The retailer shall
  295  preserve a legible copy of each such invoice for 3 years from
  296  the date of purchase. Invoices shall be available for inspection
  297  by authorized agents or employees of the division at the
  298  retailer’s place of business. Any records required by this
  299  section may be kept in an electronic or paper format.
  300         Section 4. Subsection (3) of section 489.109, Florida
  301  Statutes, is amended to read:
  302         489.109 Fees.—
  303         (3)In addition to the fees provided in subsection (1) for
  304  application and renewal for certification and registration, all
  305  certificateholders and registrants must pay a fee of $4 to the
  306  department at the time of application or renewal. The funds must
  307  be transferred at the end of each licensing period to the
  308  department to fund projects relating to the building
  309  construction industry or continuing education programs offered
  310  to persons engaged in the building construction industry in
  311  Florida, to be selected by the Florida Building Commission. The
  312  board shall, at the time the funds are transferred, advise the
  313  department on the most needed areas of research or continuing
  314  education based on significant changes in the industry’s
  315  practices or on changes in the state building code or on the
  316  most common types of consumer complaints or on problems costing
  317  the state or local governmental entities substantial waste. The
  318  board’s advice is not binding on the department. The department
  319  shall ensure the distribution of research reports and the
  320  availability of continuing education programs to all segments of
  321  the building construction industry to which they relate. The
  322  department shall report to the board in October of each year,
  323  summarizing the allocation of the funds by institution and
  324  summarizing the new projects funded and the status of previously
  325  funded projects.
  326         Section 5. Section 489.118, Florida Statutes, is amended to
  327  read:
  328         489.118 Certification of registered contractors;
  329  grandfathering provisions.—The board shall, upon receipt of a
  330  completed application and appropriate fee, issue a certificate
  331  in the appropriate category to any contractor registered under
  332  this part who makes application to the board and can show that
  333  he or she meets each of the following requirements:
  334         (1) Currently holds a valid registered local license in one
  335  of the contractor categories defined in s. 489.105(3)(a)-(p).
  336         (2) Has, for that category, passed a written examination
  337  that the board finds to be substantially similar to the
  338  examination required to be licensed as a certified contractor
  339  under this part. For purposes of this subsection, a written,
  340  proctored examination such as that produced by the National
  341  Assessment Institute, Block and Associates, NAI/Block, Experior
  342  Assessments, Professional Testing, Inc., or Assessment Systems,
  343  Inc., shall be considered to be substantially similar to the
  344  examination required to be licensed as a certified contractor.
  345  The board may not impose or make any requirements regarding the
  346  nature or content of these cited examinations.
  347         (3) Has at least 5 years of experience as a contractor in
  348  that contracting category, or as an inspector or building
  349  administrator with oversight over that category, at the time of
  350  application. For contractors, only time periods in which the
  351  contractor license is active and the contractor is not on
  352  probation shall count toward the 5 years required by this
  353  subsection.
  354         (4) Has not had his or her contractor’s license revoked at
  355  any time, had his or her contractor’s license suspended within
  356  the last 5 years, or been assessed a fine in excess of $500
  357  within the last 5 years.
  358         (5) Is in compliance with the insurance and financial
  359  responsibility requirements in s. 489.115(5).
  360  
  361  Applicants wishing to obtain a certificate pursuant to this
  362  section must make application by November 1, 2015.
  363         Section 6. Subsection (3) of section 489.509, Florida
  364  Statutes, is amended, and subsection (1) of that section is
  365  republished, to read:
  366         489.509 Fees.—
  367         (1) The board, by rule, shall establish fees to be paid for
  368  applications, examination, reexamination, transfers, licensing
  369  and renewal, reinstatement, and recordmaking and recordkeeping.
  370  The examination fee shall be in an amount that covers the cost
  371  of obtaining and administering the examination and shall be
  372  refunded if the applicant is found ineligible to sit for the
  373  examination. The application fee is nonrefundable. The fee for
  374  initial application and examination for certification of
  375  electrical contractors may not exceed $400. The initial
  376  application fee for registration may not exceed $150. The
  377  biennial renewal fee may not exceed $400 for certificateholders
  378  and $200 for registrants. The fee for initial application and
  379  examination for certification of alarm system contractors may
  380  not exceed $400. The biennial renewal fee for certified alarm
  381  system contractors may not exceed $450. The board may establish
  382  a fee for a temporary certificate as an alarm system contractor
  383  not to exceed $75. The board may also establish by rule a
  384  delinquency fee not to exceed $50. The fee to transfer a
  385  certificate or registration from one business organization to
  386  another may not exceed $200. The fee for reactivation of an
  387  inactive license may not exceed $50. The board shall establish
  388  fees that are adequate to ensure the continued operation of the
  389  board. Fees shall be based on department estimates of the
  390  revenue required to implement this part and the provisions of
  391  law with respect to the regulation of electrical contractors and
  392  alarm system contractors.
  393         (3) Four dollars of each fee under subsection (1) paid to
  394  the department at the time of application or renewal shall be
  395  transferred at the end of each licensing period to the
  396  department to fund projects relating to the building
  397  construction industry or continuing education programs offered
  398  to persons engaged in the building construction industry in
  399  Florida. The board shall, at the time the funds are transferred,
  400  advise the department on the most needed areas of research or
  401  continuing education based on significant changes in the
  402  industry’s practices or on the most common types of consumer
  403  complaints or on problems costing the state or local
  404  governmental entities substantial waste. The board’s advice is
  405  not binding on the department. The department shall ensure the
  406  distribution of research reports and the availability of
  407  continuing education programs to all segments of the building
  408  construction industry to which they relate. The department shall
  409  report to the board in October of each year, summarizing the
  410  allocation of the funds by institution and summarizing the new
  411  projects funded and the status of previously funded projects.
  412         Section 7. Paragraph (p) of subsection (2) of section
  413  499.01, Florida Statutes, is amended to read:
  414         499.01 Permits.—
  415         (2) The following permits are established:
  416         (p) Cosmetic manufacturer permit.—A cosmetic manufacturer
  417  permit is required for any person that manufactures or
  418  repackages cosmetics in this state. A person that only labels or
  419  changes the labeling of a cosmetic but does not open the
  420  container sealed by the manufacturer of the product is exempt
  421  from obtaining a permit under this paragraph. A person who
  422  manufactures cosmetics and has annual gross sales of $25,000 or
  423  less is exempt from the permit requirements of this paragraph.
  424  Upon request, an exempt cosmetics manufacturer must provide to
  425  the department written documentation to verify his or her annual
  426  gross sales, including all sales of cosmetic products at any
  427  location, regardless of the types of products sold or the number
  428  of persons involved in the operation.
  429         1.An exempt cosmetics manufacturer may only:
  430         a.Sell prepackaged cosmetics affixed with a label
  431  containing information required by the United States Food and
  432  Drug Administration.
  433         b.Manufacture and sell cosmetics that are soaps, not
  434  otherwise exempt from the definition of cosmetics, lotions,
  435  moisturizers, and creams.
  436         c.Sell cosmetics that are not adulterated or misbranded in
  437  accordance with 21 U.S.C. ss. 361 and 362.
  438         d.Sell cosmetic products that are stored on the premises
  439  of the cosmetic manufacturing operation.
  440         2.Each unit of cosmetics manufactured under this paragraph
  441  must contain, in contrasting color and not less than 10-point
  442  type, the following statement: “Made by a manufacturer exempt
  443  from Florida’s cosmetic manufacturing permit requirements.”
  444         3.The department may investigate any complaint which
  445  alleges that an exempt cosmetics manufacturer has violated an
  446  applicable provision of this chapter or a rule adopted under
  447  this chapter. The department’s authorized officer or employee
  448  may enter and inspect the premises of an exempt cosmetic
  449  manufacturer to determine compliance with this chapter and
  450  department rules, as applicable. A refusal to permit an
  451  authorized officer or employee of the department to enter the
  452  premises or to conduct an inspection is a violation of s.
  453  499.005(6) and is grounds for disciplinary action pursuant to s.
  454  499.066.
  455         4.This paragraph does not exempt any person from any state
  456  or federal tax law, rule, regulation, or certificate or from any
  457  county or municipal law or ordinance that applies to cosmetic
  458  manufacturing.
  459         Section 8. Paragraph (d) is added to subsection (6) of
  460  section 499.012, Florida Statutes, to read:
  461         499.012 Permit application requirements.—
  462         (6) A permit issued by the department is nontransferable.
  463  Each permit is valid only for the person or governmental unit to
  464  which it is issued and is not subject to sale, assignment, or
  465  other transfer, voluntarily or involuntarily; nor is a permit
  466  valid for any establishment other than the establishment for
  467  which it was originally issued.
  468         (d) When an establishment that requires a permit pursuant
  469  to this part submits an application to the department for a
  470  change of ownership or controlling interest or a change of
  471  location with the required fees under this subsection, the
  472  establishment may also submit a request for a temporary permit
  473  granting the establishment authority to operate for no more than
  474  90 calendar days. The establishment must submit the request for
  475  a temporary permit to the department on a form provided by the
  476  department and obtain authorization to operate with the
  477  temporary permit before operating under the change of ownership
  478  or operating at the new location. Upon authorization of a
  479  temporary permit, the existing permit at the location for which
  480  the temporary permit is submitted is immediately null and void.
  481  A temporary permit may not be extended and shall expire and
  482  become null and void by operation of law without further action
  483  by the department at 12:01 a.m. on the 91st day after the
  484  department authorizes such permit. Upon expiration of the
  485  temporary permit, the establishment may not continue to operate
  486  under such permit.
  487  
  488  The department may revoke the permit of any person that fails to
  489  comply with the requirements of this subsection.
  490         Section 9. Subsection (8) is added to section 499.066,
  491  Florida Statutes, to read:
  492         499.066 Penalties; remedies.—In addition to other penalties
  493  and other enforcement provisions:
  494         (8)(a) The department shall adopt rules to authorize the
  495  issuance of a remedial, nondisciplinary citation. A citation
  496  shall be issued to the person alleged to have committed a
  497  violation and contain the person’s name, address, and license
  498  number, if applicable; a brief factual statement; the sections
  499  of the law allegedly violated; and the monetary assessment and
  500  or other remedial measures imposed. The person shall have 30
  501  days after the citation is served to contest the citation by
  502  providing supplemental and clarifying information to the
  503  department. The citation must clearly state that the person may
  504  choose, in lieu of accepting the citation, to have the
  505  department rescind the citation and conduct an investigation
  506  pursuant to s. 499.051 of only those alleged violations
  507  contained in the citation. The citation shall be rescinded by
  508  the department if the person remedies or corrects the violations
  509  or deficiencies contained in the citation within 30 days after
  510  the citation is served. If the person does not successfully
  511  contest the citation to the satisfaction of the department, or
  512  complete remedial action pursuant to this paragraph, the
  513  citation becomes a final order and does not constitute
  514  discipline.
  515         (b) The department is entitled to recover the costs of
  516  investigation, in addition to any penalty provided according to
  517  department rule, as part of the penalty levied pursuant to a
  518  citation.
  519         (c) A citation must be issued within 6 months after the
  520  filing of the complaint that is the basis for the citation.
  521         (d) Service of a citation may be made by personal service
  522  or certified mail, restricted delivery, to the person at the
  523  person’s last known address of record with the department, or to
  524  the person’s Florida registered agent.
  525         (e) The department may adopt rules to designate those
  526  violations for which a person is subject to the issuance of a
  527  citation and the monetary assessments or other remedial measures
  528  that must be taken for those violations. Violations designated
  529  as subject to issuance of a citation shall include violations
  530  for which there is no substantial threat to the public health,
  531  safety, or welfare. The department has continuous authority to
  532  amend its rules adopted pursuant to this section.
  533         Section 10. Section 548.003, Florida Statutes, is amended
  534  to read:
  535         548.003 Florida Athletic State Boxing Commission.—
  536         (1) The Florida Athletic State Boxing Commission is created
  537  and is assigned to the Department of Business and Professional
  538  Regulation for administrative and fiscal accountability purposes
  539  only. The Florida State Boxing commission shall consist of five
  540  members appointed by the Governor, subject to confirmation by
  541  the Senate. One member must be a physician licensed under
  542  pursuant to chapter 458 or chapter 459, who must maintain an
  543  unencumbered license in good standing, and who must, at the time
  544  of her or his appointment, have practiced medicine for at least
  545  5 years. Upon the expiration of the term of a commissioner, the
  546  Governor shall appoint a successor to serve for a 4-year term. A
  547  commissioner whose term has expired shall continue to serve on
  548  the commission until such time as a replacement is appointed. If
  549  a vacancy on the commission occurs before prior to the
  550  expiration of the term, it shall be filled for the unexpired
  551  portion of the term in the same manner as the original
  552  appointment.
  553         (2) The Florida State Boxing commission, as created by
  554  subsection (1), shall administer the provisions of this chapter.
  555  The commission has authority to adopt rules pursuant to ss.
  556  120.536(1) and 120.54 to implement the provisions of this
  557  chapter and to implement each of the duties and responsibilities
  558  conferred upon the commission, including, but not limited to:
  559         (a) Development of an ethical code of conduct for
  560  commissioners, commission staff, and commission officials.
  561         (b) Facility and safety requirements relating to the ring,
  562  floor plan and apron seating, emergency medical equipment and
  563  services, and other equipment and services necessary for the
  564  conduct of a program of matches.
  565         (c) Requirements regarding a participant’s apparel,
  566  bandages, handwraps, gloves, mouthpiece, and appearance during a
  567  match.
  568         (d) Requirements relating to a manager’s participation,
  569  presence, and conduct during a match.
  570         (e) Duties and responsibilities of all licensees under this
  571  chapter.
  572         (f) Procedures for hearings and resolution of disputes.
  573         (g) Qualifications for appointment of referees and judges.
  574         (h) Qualifications for and appointment of chief inspectors
  575  and inspectors and duties and responsibilities of chief
  576  inspectors and inspectors with respect to oversight and
  577  coordination of activities for each program of matches regulated
  578  under this chapter.
  579         (i) Setting fee and reimbursement schedules for referees
  580  and other officials appointed by the commission or the
  581  representative of the commission.
  582         (j) Establishment of criteria for approval, disapproval,
  583  suspension of approval, and revocation of approval of amateur
  584  sanctioning organizations for amateur boxing, kickboxing, and
  585  mixed martial arts held in this state, including, but not
  586  limited to, the health and safety standards the organizations
  587  use before, during, and after the matches to ensure the health,
  588  safety, and well-being of the amateurs participating in the
  589  matches, including the qualifications and numbers of health care
  590  personnel required to be present, the qualifications required
  591  for referees, and other requirements relating to the health,
  592  safety, and well-being of the amateurs participating in the
  593  matches. The commission may adopt by rule, or incorporate by
  594  reference into rule, the health and safety standards of USA
  595  Boxing as the minimum health and safety standards for an amateur
  596  boxing sanctioning organization, the health and safety standards
  597  of the International Sport Kickboxing Association as the minimum
  598  health and safety standards for an amateur kickboxing
  599  sanctioning organization, and the minimum health and safety
  600  standards for an amateur mixed martial arts sanctioning
  601  organization. The commission shall review its rules for
  602  necessary revision at least every 2 years and may adopt by rule,
  603  or incorporate by reference into rule, the then-existing current
  604  health and safety standards of USA Boxing and the International
  605  Sport Kickboxing Association. The commission may adopt emergency
  606  rules to administer this paragraph.
  607         (3) The commission shall maintain an office in Tallahassee.
  608  At the first meeting of the commission after June 1 of each
  609  year, the commission shall select a chair and a vice chair from
  610  among its membership. Three members shall constitute a quorum
  611  and the concurrence of at least three members is necessary for
  612  official commission action.
  613         (4) Three consecutive unexcused absences or absences
  614  constituting 50 percent or more of the commission’s meetings
  615  within any 12-month period shall cause the commission membership
  616  of the member in question to become void, and the position shall
  617  be considered vacant. The commission shall, by rule, define
  618  unexcused absences.
  619         (5) Each commission member shall be accountable to the
  620  Governor for the proper performance of duties as a member of the
  621  commission. The Governor shall cause to be investigated any
  622  complaint or unfavorable report received by the Governor or the
  623  department concerning an action of the commission or any member
  624  and shall take appropriate action thereon. The Governor may
  625  remove from office any member for malfeasance, unethical
  626  conduct, misfeasance, neglect of duty, incompetence, permanent
  627  inability to perform official duties, or pleading guilty or nolo
  628  contendere to or being found guilty of a felony.
  629         (6) Each member of the commission shall be compensated at
  630  the rate of $50 for each day she or he attends a commission
  631  meeting and shall be reimbursed for other expenses as provided
  632  in s. 112.061.
  633         (7) The commission shall be authorized to join and
  634  participate in the activities of the Association of Boxing
  635  Commissions (ABC).
  636         (8) The department shall provide all legal and
  637  investigative services necessary to implement this chapter. The
  638  department may adopt rules as provided in ss. 120.536(1) and
  639  120.54 to carry out its duties under this chapter.
  640         Section 11. Subsection (3) of section 548.043, Florida
  641  Statutes, is amended to read:
  642         548.043 Weights and classes, limitations; gloves.—
  643         (3) The commission shall establish by rule the need for
  644  gloves, if any, and the weight of any such gloves to be used in
  645  each pugilistic match the appropriate weight of gloves to be
  646  used in each boxing match; however, all participants in boxing
  647  matches shall wear gloves weighing not less than 8 ounces each
  648  and participants in mixed martial arts matches shall wear gloves
  649  weighing 4 to 8 ounces each. Participants shall wear such
  650  protective devices as the commission deems necessary.
  651         Section 12. Subsection (5) of section 553.841, Florida
  652  Statutes, is amended to read:
  653         553.841 Building code compliance and mitigation program.—
  654         (5) Each biennium, upon receipt of funds by the Department
  655  of Business and Professional Regulation from the Construction
  656  Industry Licensing Board and the Electrical Contractors’
  657  Licensing Board provided under ss. 489.109(3) and 489.509(3),
  658  the department shall determine the amount of funds available for
  659  the Florida Building Code Compliance and Mitigation Program.
  660         Section 13. Subsection (20) of section 561.01, Florida
  661  Statutes, is amended to read:
  662         561.01 Definitions.—As used in the Beverage Law:
  663         (20) “Permit carrier” means a licensee authorized to make
  664  deliveries as provided in s. 561.57.
  665         Section 14. Subsections (1) and (2) of section 561.17,
  666  Florida Statutes, are amended, and subsection (5) is added to
  667  that section, to read:
  668         561.17 License and registration applications; approved
  669  person.—
  670         (1) Any person, before engaging in the business of
  671  manufacturing, bottling, distributing, selling, or in any way
  672  dealing in alcoholic beverages, shall file, with the district
  673  licensing personnel of the district of the division in which the
  674  place of business for which a license is sought is located, a
  675  sworn application in the format prescribed by the division. The
  676  applicant must be a legal or business entity, person, or persons
  677  and must include all persons, officers, shareholders, and
  678  directors of such legal or business entity that have a direct or
  679  indirect interest in the business seeking to be licensed under
  680  this part. However, the applicant does not include any person
  681  that derives revenue from the license solely through a
  682  contractual relationship with the licensee, the substance of
  683  which contractual relationship is not related to the control of
  684  the sale of alcoholic beverages. Before any application is
  685  approved, the division may require the applicant to file a set
  686  of fingerprints electronically through an approved electronic
  687  fingerprinting vendor or on regular United States Department of
  688  Justice forms prescribed by the Florida Department of Law
  689  Enforcement for herself or himself and for any person or persons
  690  interested directly or indirectly with the applicant in the
  691  business for which the license is being sought, when required by
  692  the division. If the applicant or any person who is interested
  693  with the applicant either directly or indirectly in the business
  694  or who has a security interest in the license being sought or
  695  has a right to a percentage payment from the proceeds of the
  696  business, either by lease or otherwise, is not qualified, the
  697  division shall deny the application. However, any company
  698  regularly traded on a national securities exchange and not over
  699  the counter; any insurer, as defined in the Florida Insurance
  700  Code; or any bank or savings and loan association chartered by
  701  this state, another state, or the United States which has an
  702  interest, directly or indirectly, in an alcoholic beverage
  703  license is not required to obtain the division’s approval of its
  704  officers, directors, or stockholders or any change of such
  705  positions or interests. A shopping center with five or more
  706  stores, one or more of which has an alcoholic beverage license
  707  and is required under a lease common to all shopping center
  708  tenants to pay no more than 10 percent of the gross proceeds of
  709  the business holding the license to the shopping center, is not
  710  considered as having an interest, directly or indirectly, in the
  711  license. A performing arts center, as defined in s. 561.01,
  712  which has an interest, directly or indirectly, in an alcoholic
  713  beverage license is not required to obtain division approval of
  714  its volunteer officers or directors or of any change in such
  715  positions or interests.
  716         (2) All applications for any alcoholic beverage license
  717  must be accompanied by proof of the applicant’s right of
  718  occupancy for the entire premises sought to be licensed. All
  719  applications for alcoholic beverage licenses for consumption on
  720  the premises shall be accompanied by a certificate of the
  721  Division of Hotels and Restaurants of the Department of Business
  722  and Professional Regulation, the Department of Agriculture and
  723  Consumer Services, the Department of Health, the Agency for
  724  Health Care Administration, or the county health department that
  725  the place of business wherein the business is to be conducted
  726  meets all of the sanitary requirements of the state.
  727         (5) Any person or entity licensed or permitted by the
  728  division must provide an electronic mail address to the division
  729  to function as the primary contact for all communication by the
  730  division to the licensee or permittees. Licensees and permittees
  731  are responsible for maintaining accurate contact information on
  732  file with the division.
  733         Section 15. Paragraph (a) of subsection (2) of section
  734  561.19, Florida Statutes, is amended to read:
  735         561.19 License issuance upon approval of division.—
  736         (2)(a) When beverage licenses become available by reason of
  737  an increase in the population of a county, by reason of a county
  738  permitting the sale of intoxicating beverages when such sale had
  739  been prohibited, or by reason of the cancellation or revocation
  740  of a quota beverage license, the division, if there are more
  741  applicants than the number of available licenses, shall provide
  742  a method of double random selection by public drawing to
  743  determine which applicants shall be considered for issuance of
  744  licenses. The double random selection drawing method shall allow
  745  each applicant whose application is complete and does not
  746  disclose on its face any matter rendering the applicant
  747  ineligible an equal opportunity of obtaining an available
  748  license. After all applications are filed with the director, the
  749  director shall then determine by random selection drawing the
  750  order in which each applicant’s name shall be matched with a
  751  number selected by random drawing, and that number shall
  752  determine the order in which the applicant will be considered
  753  for a license. This paragraph does not prohibit a person holding
  754  a perfected lien or security interest in a quota alcoholic
  755  beverage license, in accordance with s. 561.65, from enforcing
  756  the lien or security interest against the license within 180
  757  days after a final order of revocation or suspension. A revoked
  758  quota alcoholic beverage license encumbered by a lien or
  759  security interest, perfected pursuant to s. 561.65, may not be
  760  issued under this subsection until the 180-day period has
  761  elapsed or until such enforcement proceeding is final.
  762         Section 16. Paragraph (a) of subsection (2) of section
  763  561.20, Florida Statutes, is amended to read:
  764         561.20 Limitation upon number of licenses issued.—
  765         (2)(a) The limitation of the number of licenses as provided
  766  in this section does not prohibit the issuance of a special
  767  license to:
  768         1. Any bona fide hotel, motel, or motor court of not fewer
  769  than 80 guest rooms in any county having a population of less
  770  than 50,000 residents, and of not fewer than 100 guest rooms in
  771  any county having a population of 50,000 residents or greater;
  772  or any bona fide hotel or motel located in a historic structure,
  773  as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
  774  guest rooms which derives at least 51 percent of its gross
  775  revenue from the rental of hotel or motel rooms, which is
  776  licensed as a public lodging establishment by the Division of
  777  Hotels and Restaurants; provided, however, that a bona fide
  778  hotel or motel with no fewer than 10 and no more than 25 guest
  779  rooms which is a historic structure, as defined in s. 561.01(20)
  780  s. 561.01(21), in a municipality that on the effective date of
  781  this act has a population, according to the University of
  782  Florida’s Bureau of Economic and Business Research Estimates of
  783  Population for 1998, of no fewer than 25,000 and no more than
  784  35,000 residents and that is within a constitutionally chartered
  785  county may be issued a special license. This special license
  786  shall allow the sale and consumption of alcoholic beverages only
  787  on the licensed premises of the hotel or motel. In addition, the
  788  hotel or motel must derive at least 60 percent of its gross
  789  revenue from the rental of hotel or motel rooms and the sale of
  790  food and nonalcoholic beverages; provided that this subparagraph
  791  shall supersede local laws requiring a greater number of hotel
  792  rooms;
  793         2. Any condominium accommodation of which no fewer than 100
  794  condominium units are wholly rentable to transients and which is
  795  licensed under chapter 509, except that the license shall be
  796  issued only to the person or corporation that operates the hotel
  797  or motel operation and not to the association of condominium
  798  owners;
  799         3. Any condominium accommodation of which no fewer than 50
  800  condominium units are wholly rentable to transients, which is
  801  licensed under chapter 509, and which is located in any county
  802  having home rule under s. 10 or s. 11, Art. VIII of the State
  803  Constitution of 1885, as amended, and incorporated by reference
  804  in s. 6(e), Art. VIII of the State Constitution, except that the
  805  license shall be issued only to the person or corporation that
  806  operates the hotel or motel operation and not to the association
  807  of condominium owners;
  808         4. A food service establishment that has 2,500 square feet
  809  of service area, is equipped to serve meals to 150 persons at
  810  one time, and derives at least 51 percent of its gross food and
  811  beverage revenue from the sale of food and nonalcoholic
  812  beverages during the first 120-day 60-day operating period and
  813  the first each 12-month operating period thereafter. Subsequent
  814  audit timeframes must be based upon the audit percentage
  815  established by the most recent audit and conducted on a
  816  staggered scale as follows: level 1, 51 percent to 60 percent,
  817  every year; level 2, 61 percent to 75 percent, every 2 years;
  818  level 3, 76 percent to 90 percent, every 3 years; and level 4,
  819  91 percent to 100 percent, every 4 years. A food service
  820  establishment granted a special license on or after January 1,
  821  1958, pursuant to general or special law may not operate as a
  822  package store and may not sell intoxicating beverages under such
  823  license after the hours of serving or consumption of food have
  824  elapsed. Failure by a licensee to meet the required percentage
  825  of food and nonalcoholic beverage gross revenues during the
  826  covered operating period shall result in revocation of the
  827  license or denial of the pending license application. A licensee
  828  whose license is revoked or an applicant whose pending
  829  application is denied, or any person required to qualify on the
  830  special license application, is ineligible to have any interest
  831  in a subsequent application for such a license for a period of
  832  120 days after the date of the final denial or revocation;
  833         5. Any caterer, deriving at least 51 percent of its gross
  834  food and beverage revenue from the sale of food and nonalcoholic
  835  beverages at each catered event, licensed by the Division of
  836  Hotels and Restaurants under chapter 509. This subparagraph does
  837  not apply to a culinary education program, as defined in s.
  838  381.0072(2), which is licensed as a public food service
  839  establishment by the Division of Hotels and Restaurants and
  840  provides catering services. Notwithstanding any law to the
  841  contrary, a licensee under this subparagraph shall sell or serve
  842  alcoholic beverages only for consumption on the premises of a
  843  catered event at which the licensee is also providing prepared
  844  food, and shall prominently display its license at any catered
  845  event at which the caterer is selling or serving alcoholic
  846  beverages. A licensee under this subparagraph shall purchase all
  847  alcoholic beverages it sells or serves at a catered event from a
  848  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  849  under s. 565.02(1) subject to the limitation imposed in
  850  subsection (1), as appropriate. A licensee under this
  851  subparagraph may not store any alcoholic beverages to be sold or
  852  served at a catered event. Any alcoholic beverages purchased by
  853  a licensee under this subparagraph for a catered event that are
  854  not used at that event must remain with the customer; provided
  855  that if the vendor accepts unopened alcoholic beverages, the
  856  licensee may return such alcoholic beverages to the vendor for a
  857  credit or reimbursement. Regardless of the county or counties in
  858  which the licensee operates, a licensee under this subparagraph
  859  shall pay the annual state license tax set forth in s.
  860  565.02(1)(b). A licensee under this subparagraph must maintain
  861  for a period of 3 years all records and receipts for each
  862  catered event, including all contracts, customers’ names, event
  863  locations, event dates, food purchases and sales, alcoholic
  864  beverage purchases and sales, nonalcoholic beverage purchases
  865  and sales, and any other records required by the department by
  866  rule to demonstrate compliance with the requirements of this
  867  subparagraph. Notwithstanding any law to the contrary, any
  868  vendor licensed under s. 565.02(1) subject to the limitation
  869  imposed in subsection (1), may, without any additional licensure
  870  under this subparagraph, serve or sell alcoholic beverages for
  871  consumption on the premises of a catered event at which prepared
  872  food is provided by a caterer licensed under chapter 509. If a
  873  licensee under this subparagraph also possesses any other
  874  license under the Beverage Law, the license issued under this
  875  subparagraph may shall not authorize the holder to conduct
  876  activities on the premises to which the other license or
  877  licenses apply that would otherwise be prohibited by the terms
  878  of that license or the Beverage Law. Nothing in this section
  879  shall permit the licensee to conduct activities that are
  880  otherwise prohibited by the Beverage Law or local law. The
  881  Division of Alcoholic Beverages and Tobacco is hereby authorized
  882  to adopt rules to administer the license created in this
  883  subparagraph, to include rules governing licensure,
  884  recordkeeping, and enforcement. The first $300,000 in fees
  885  collected by the division each fiscal year pursuant to this
  886  subparagraph shall be deposited in the Department of Children
  887  and Families’ Operations and Maintenance Trust Fund to be used
  888  only for alcohol and drug abuse education, treatment, and
  889  prevention programs. The remainder of the fees collected shall
  890  be deposited into the Hotel and Restaurant Trust Fund created
  891  pursuant to s. 509.072; or
  892         6. A culinary education program as defined in s.
  893  381.0072(2) which is licensed as a public food service
  894  establishment by the Division of Hotels and Restaurants.
  895         a. This special license shall allow the sale and
  896  consumption of alcoholic beverages on the licensed premises of
  897  the culinary education program. The culinary education program
  898  shall specify designated areas in the facility where the
  899  alcoholic beverages may be consumed at the time of application.
  900  Alcoholic beverages sold for consumption on the premises may be
  901  consumed only in areas designated pursuant to s. 561.01(11) and
  902  may not be removed from the designated area. Such license shall
  903  be applicable only in and for designated areas used by the
  904  culinary education program.
  905         b. If the culinary education program provides catering
  906  services, this special license shall also allow the sale and
  907  consumption of alcoholic beverages on the premises of a catered
  908  event at which the licensee is also providing prepared food. A
  909  culinary education program that provides catering services is
  910  not required to derive at least 51 percent of its gross revenue
  911  from the sale of food and nonalcoholic beverages.
  912  Notwithstanding any law to the contrary, a licensee that
  913  provides catering services under this sub-subparagraph shall
  914  prominently display its beverage license at any catered event at
  915  which the caterer is selling or serving alcoholic beverages.
  916  Regardless of the county or counties in which the licensee
  917  operates, a licensee under this sub-subparagraph shall pay the
  918  annual state license tax set forth in s. 565.02(1)(b). A
  919  licensee under this sub-subparagraph must maintain for a period
  920  of 3 years all records required by the department by rule to
  921  demonstrate compliance with the requirements of this sub
  922  subparagraph.
  923         c. If a licensee under this subparagraph also possesses any
  924  other license under the Beverage Law, the license issued under
  925  this subparagraph does not authorize the holder to conduct
  926  activities on the premises to which the other license or
  927  licenses apply that would otherwise be prohibited by the terms
  928  of that license or the Beverage Law. Nothing in this
  929  subparagraph shall permit the licensee to conduct activities
  930  that are otherwise prohibited by the Beverage Law or local law.
  931  Any culinary education program that holds a license to sell
  932  alcoholic beverages shall comply with the age requirements set
  933  forth in ss. 562.11(4), 562.111(2), and 562.13.
  934         d. The Division of Alcoholic Beverages and Tobacco may
  935  adopt rules to administer the license created in this
  936  subparagraph, to include rules governing licensure,
  937  recordkeeping, and enforcement.
  938         e. A license issued pursuant to this subparagraph does not
  939  permit the licensee to sell alcoholic beverages by the package
  940  for off-premises consumption.
  941  
  942  However, any license heretofore issued to any such hotel, motel,
  943  motor court, or restaurant or hereafter issued to any such
  944  hotel, motel, or motor court, including a condominium
  945  accommodation, under the general law shall not be moved to a new
  946  location, such license being valid only on the premises of such
  947  hotel, motel, motor court, or restaurant. Licenses issued to
  948  hotels, motels, motor courts, or restaurants under the general
  949  law and held by such hotels, motels, motor courts, or
  950  restaurants on May 24, 1947, shall be counted in the quota
  951  limitation contained in subsection (1). Any license issued for
  952  any hotel, motel, or motor court under this law shall be issued
  953  only to the owner of the hotel, motel, or motor court or, in the
  954  event the hotel, motel, or motor court is leased, to the lessee
  955  of the hotel, motel, or motor court; and the license shall
  956  remain in the name of the owner or lessee so long as the license
  957  is in existence. Any special license now in existence heretofore
  958  issued under this law cannot be renewed except in the name of
  959  the owner of the hotel, motel, motor court, or restaurant or, in
  960  the event the hotel, motel, motor court, or restaurant is
  961  leased, in the name of the lessee of the hotel, motel, motor
  962  court, or restaurant in which the license is located and must
  963  remain in the name of the owner or lessee so long as the license
  964  is in existence. Any license issued under this section shall be
  965  marked “Special,” and nothing herein provided shall limit,
  966  restrict, or prevent the issuance of a special license for any
  967  restaurant or motel which shall hereafter meet the requirements
  968  of the law existing immediately prior to the effective date of
  969  this act, if construction of such restaurant has commenced prior
  970  to the effective date of this act and is completed within 30
  971  days thereafter, or if an application is on file for such
  972  special license at the time this act takes effect; and any such
  973  licenses issued under this proviso may be annually renewed as
  974  now provided by law. Nothing herein prevents an application for
  975  transfer of a license to a bona fide purchaser of any hotel,
  976  motel, motor court, or restaurant by the purchaser of such
  977  facility or the transfer of such license pursuant to law.
  978         Section 17. Subsection (4) of section 561.42, Florida
  979  Statutes, is amended to read:
  980         561.42 Tied house evil; financial aid and assistance to
  981  vendor by manufacturer, distributor, importer, primary American
  982  source of supply, brand owner or registrant, or any broker,
  983  sales agent, or sales person thereof, prohibited; procedure for
  984  enforcement; exception.—
  985         (4) Before the division shall so declare and prohibit such
  986  sales to such vendor, it shall, within 2 days after receipt of
  987  such notice, the division shall give written notice to such
  988  vendor by electronic mail of the receipt by the division of such
  989  notification of delinquency and such vendor shall be directed to
  990  forthwith make payment thereof or, upon failure to do so, to
  991  show cause before the division why further sales to such vendor
  992  may shall not be prohibited. Good and sufficient cause to
  993  prevent such action by the division may be made by showing
  994  payment, failure of consideration, or any other defense which
  995  would be considered sufficient in a common-law action. The
  996  vendor shall have 5 days after service receipt of such notice
  997  via electronic mail within which to show such cause, and he or
  998  she may demand a hearing thereon, provided he or she does so in
  999  writing within said 5 days, such written demand to be delivered
 1000  to the division either in person, by electronic mail, or by due
 1001  course of mail within such 5 days. If no such demand for hearing
 1002  is made, the division shall thereupon declare in writing to such
 1003  vendor and to all manufacturers and distributors within the
 1004  state that all further sales to such vendor are prohibited until
 1005  such time as the division certifies in writing that such vendor
 1006  has fully paid for all liquors previously purchased. In the
 1007  event such prohibition of sales and declaration thereof to the
 1008  vendor, manufacturers, and distributors is ordered by the
 1009  division, the vendor may seek review of such decision by the
 1010  Department of Business and Professional Regulation within 5
 1011  days. In the event application for such review is filed within
 1012  such time, such prohibition of sales may shall not be made,
 1013  published, or declared until final disposition of such review by
 1014  the department.
 1015         Section 18. Subsection (2) of section 561.55, Florida
 1016  Statutes, is amended to read:
 1017         561.55 Manufacturers’, distributors’, brokers’, sales
 1018  agents’, importers’, vendors’, and exporters’ records and
 1019  reports.—
 1020         (2) Each manufacturer, distributor, broker, sales agent,
 1021  and importer shall make a full and complete report by the 10th
 1022  day of each month for the previous calendar month. The report
 1023  must be shall be made out in triplicate; two copies shall be
 1024  sent to the division, and the third copy shall be retained for
 1025  the manufacturer’s, distributor’s, broker’s, sales agent’s, or
 1026  importer’s record. Reports shall be made on forms prepared and
 1027  furnished by the division and filed with the division through
 1028  the division’s electronic data submission system.
 1029         Section 19. Section 562.03, Florida Statutes, is amended to
 1030  read:
 1031         562.03 Storage on licensed premises.—
 1032         (1) It is unlawful for any vendor to store or keep any
 1033  alcoholic beverages in any building or room other than:
 1034         (a) The building or room shown in the diagram accompanying
 1035  the vendor’s license application;
 1036         (b) A building or room approved by the division and located
 1037  in a county where the vendor has a license; or
 1038         (c) A building or room approved by the division and used
 1039  only in conjunction with a catered event operated by an entity
 1040  with a license issued pursuant to s. 565.02(1)(a)-(f).
 1041         (2) This section does not apply to any alcoholic beverages
 1042  that are intended only except for the personal consumption of
 1043  the vendor, the vendor’s family, or the vendor’s personal guests
 1044  and guest in any building or room other than the building or
 1045  room shown in the diagram accompanying his or her license
 1046  application or in another building or room approved by the
 1047  division.
 1048         Section 20. Section 562.455, Florida Statutes, is amended
 1049  to read:
 1050         562.455 Adulterating liquor; penalty.—Whoever adulterates,
 1051  for the purpose of sale, any liquor, used or intended for drink,
 1052  with cocculus indicus, vitriol, grains of paradise, opium, alum,
 1053  capsicum, copperas, laurel water, logwood, brazil wood,
 1054  cochineal, sugar of lead, or any other substance which is
 1055  poisonous or injurious to health, and whoever knowingly sells
 1056  any liquor so adulterated, commits shall be guilty of a felony
 1057  of the third degree, punishable as provided in s. 775.082, s.
 1058  775.083, or s. 775.084.
 1059         Section 21. Paragraphs (d) and (f) of subsection (2) of
 1060  section 718.112, Florida Statutes, are amended to read:
 1061         718.112 Bylaws.—
 1062         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 1063  following and, if they do not do so, shall be deemed to include
 1064  the following:
 1065         (d) Unit owner meetings.—
 1066         1. An annual meeting of the unit owners must be held at the
 1067  location provided in the association bylaws and, if the bylaws
 1068  are silent as to the location, the meeting must be held within
 1069  45 miles of the condominium property. However, such distance
 1070  requirement does not apply to an association governing a
 1071  timeshare condominium.
 1072         2. Unless the bylaws provide otherwise, a vacancy on the
 1073  board caused by the expiration of a director’s term must be
 1074  filled by electing a new board member, and the election must be
 1075  by secret ballot. An election is not required if the number of
 1076  vacancies equals or exceeds the number of candidates. For
 1077  purposes of this paragraph, the term “candidate” means an
 1078  eligible person who has timely submitted the written notice, as
 1079  described in sub-subparagraph 4.a., of his or her intention to
 1080  become a candidate. Except in a timeshare or nonresidential
 1081  condominium, or if the staggered term of a board member does not
 1082  expire until a later annual meeting, or if all members’ terms
 1083  would otherwise expire but there are no candidates, the terms of
 1084  all board members expire at the annual meeting, and such members
 1085  may stand for reelection unless prohibited by the bylaws. Board
 1086  members may serve terms longer than 1 year if permitted by the
 1087  bylaws or articles of incorporation. A board member may not
 1088  serve more than 8 consecutive years unless approved by an
 1089  affirmative vote of unit owners representing two-thirds of all
 1090  votes cast in the election or unless there are not enough
 1091  eligible candidates to fill the vacancies on the board at the
 1092  time of the vacancy. If the number of board members whose terms
 1093  expire at the annual meeting equals or exceeds the number of
 1094  candidates, the candidates become members of the board effective
 1095  upon the adjournment of the annual meeting. Unless the bylaws
 1096  provide otherwise, any remaining vacancies shall be filled by
 1097  the affirmative vote of the majority of the directors making up
 1098  the newly constituted board even if the directors constitute
 1099  less than a quorum or there is only one director. In a
 1100  residential condominium association of more than 10 units or in
 1101  a residential condominium association that does not include
 1102  timeshare units or timeshare interests, co-owners of a unit may
 1103  not serve as members of the board of directors at the same time
 1104  unless they own more than one unit or unless there are not
 1105  enough eligible candidates to fill the vacancies on the board at
 1106  the time of the vacancy. A unit owner in a residential
 1107  condominium desiring to be a candidate for board membership must
 1108  comply with sub-subparagraph 4.a. and must be eligible to be a
 1109  candidate to serve on the board of directors at the time of the
 1110  deadline for submitting a notice of intent to run in order to
 1111  have his or her name listed as a proper candidate on the ballot
 1112  or to serve on the board. A person who has been suspended or
 1113  removed by the division under this chapter, or who is delinquent
 1114  in the payment of any assessment monetary obligation due to the
 1115  association, is not eligible to be a candidate for board
 1116  membership and may not be listed on the ballot. For purposes of
 1117  this paragraph, a person is delinquent if a payment is not made
 1118  by the due date as specifically identified in the declaration of
 1119  condominium, bylaws, or articles of incorporation. If a due date
 1120  is not specifically identified in the declaration of
 1121  condominium, bylaws, or articles of incorporation, the due date
 1122  is the first day of the assessment period. A person who has been
 1123  convicted of any felony in this state or in a United States
 1124  District or Territorial Court, or who has been convicted of any
 1125  offense in another jurisdiction which would be considered a
 1126  felony if committed in this state, is not eligible for board
 1127  membership unless such felon’s civil rights have been restored
 1128  for at least 5 years as of the date such person seeks election
 1129  to the board. The validity of an action by the board is not
 1130  affected if it is later determined that a board member is
 1131  ineligible for board membership due to having been convicted of
 1132  a felony. This subparagraph does not limit the term of a member
 1133  of the board of a nonresidential or timeshare condominium.
 1134         3. The bylaws must provide the method of calling meetings
 1135  of unit owners, including annual meetings. Written notice must
 1136  include an agenda, must be mailed, hand delivered, or
 1137  electronically transmitted to each unit owner at least 14 days
 1138  before the annual meeting, and must be posted in a conspicuous
 1139  place on the condominium property at least 14 continuous days
 1140  before the annual meeting. Upon notice to the unit owners, the
 1141  board shall, by duly adopted rule, designate a specific location
 1142  on the condominium property where all notices of unit owner
 1143  meetings must be posted. This requirement does not apply if
 1144  there is no condominium property for posting notices. In lieu
 1145  of, or in addition to, the physical posting of meeting notices,
 1146  the association may, by reasonable rule, adopt a procedure for
 1147  conspicuously posting and repeatedly broadcasting the notice and
 1148  the agenda on a closed-circuit cable television system serving
 1149  the condominium association. However, if broadcast notice is
 1150  used in lieu of a notice posted physically on the condominium
 1151  property, the notice and agenda must be broadcast at least four
 1152  times every broadcast hour of each day that a posted notice is
 1153  otherwise required under this section. If broadcast notice is
 1154  provided, the notice and agenda must be broadcast in a manner
 1155  and for a sufficient continuous length of time so as to allow an
 1156  average reader to observe the notice and read and comprehend the
 1157  entire content of the notice and the agenda. In addition to any
 1158  of the authorized means of providing notice of a meeting of the
 1159  board, the association may, by rule, adopt a procedure for
 1160  conspicuously posting the meeting notice and the agenda on a
 1161  website serving the condominium association for at least the
 1162  minimum period of time for which a notice of a meeting is also
 1163  required to be physically posted on the condominium property.
 1164  Any rule adopted shall, in addition to other matters, include a
 1165  requirement that the association send an electronic notice in
 1166  the same manner as a notice for a meeting of the members, which
 1167  must include a hyperlink to the website where the notice is
 1168  posted, to unit owners whose e-mail addresses are included in
 1169  the association’s official records. Unless a unit owner waives
 1170  in writing the right to receive notice of the annual meeting,
 1171  such notice must be hand delivered, mailed, or electronically
 1172  transmitted to each unit owner. Notice for meetings and notice
 1173  for all other purposes must be mailed to each unit owner at the
 1174  address last furnished to the association by the unit owner, or
 1175  hand delivered to each unit owner. However, if a unit is owned
 1176  by more than one person, the association must provide notice to
 1177  the address that the developer identifies for that purpose and
 1178  thereafter as one or more of the owners of the unit advise the
 1179  association in writing, or if no address is given or the owners
 1180  of the unit do not agree, to the address provided on the deed of
 1181  record. An officer of the association, or the manager or other
 1182  person providing notice of the association meeting, must provide
 1183  an affidavit or United States Postal Service certificate of
 1184  mailing, to be included in the official records of the
 1185  association affirming that the notice was mailed or hand
 1186  delivered in accordance with this provision.
 1187         4. The members of the board of a residential condominium
 1188  shall be elected by written ballot or voting machine. Proxies
 1189  may not be used in electing the board in general elections or
 1190  elections to fill vacancies caused by recall, resignation, or
 1191  otherwise, unless otherwise provided in this chapter. This
 1192  subparagraph does not apply to an association governing a
 1193  timeshare condominium.
 1194         a. At least 60 days before a scheduled election, the
 1195  association shall mail, deliver, or electronically transmit, by
 1196  separate association mailing or included in another association
 1197  mailing, delivery, or transmission, including regularly
 1198  published newsletters, to each unit owner entitled to a vote, a
 1199  first notice of the date of the election. A unit owner or other
 1200  eligible person desiring to be a candidate for the board must
 1201  give written notice of his or her intent to be a candidate to
 1202  the association at least 40 days before a scheduled election.
 1203  Together with the written notice and agenda as set forth in
 1204  subparagraph 3., the association shall mail, deliver, or
 1205  electronically transmit a second notice of the election to all
 1206  unit owners entitled to vote, together with a ballot that lists
 1207  all candidates. Upon request of a candidate, an information
 1208  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 1209  furnished by the candidate at least 35 days before the election,
 1210  must be included with the mailing, delivery, or transmission of
 1211  the ballot, with the costs of mailing, delivery, or electronic
 1212  transmission and copying to be borne by the association. The
 1213  association is not liable for the contents of the information
 1214  sheets prepared by the candidates. In order to reduce costs, the
 1215  association may print or duplicate the information sheets on
 1216  both sides of the paper. The division shall by rule establish
 1217  voting procedures consistent with this sub-subparagraph,
 1218  including rules establishing procedures for giving notice by
 1219  electronic transmission and rules providing for the secrecy of
 1220  ballots. Elections shall be decided by a plurality of ballots
 1221  cast. There is no quorum requirement; however, at least 20
 1222  percent of the eligible voters must cast a ballot in order to
 1223  have a valid election. A unit owner may not authorize any other
 1224  person to vote his or her ballot, and any ballots improperly
 1225  cast are invalid. A unit owner who violates this provision may
 1226  be fined by the association in accordance with s. 718.303. A
 1227  unit owner who needs assistance in casting the ballot for the
 1228  reasons stated in s. 101.051 may obtain such assistance. The
 1229  regular election must occur on the date of the annual meeting.
 1230  Notwithstanding this sub-subparagraph, an election is not
 1231  required unless more candidates file notices of intent to run or
 1232  are nominated than board vacancies exist.
 1233         b. Within 90 days after being elected or appointed to the
 1234  board of an association of a residential condominium, each newly
 1235  elected or appointed director shall certify in writing to the
 1236  secretary of the association that he or she has read the
 1237  association’s declaration of condominium, articles of
 1238  incorporation, bylaws, and current written policies; that he or
 1239  she will work to uphold such documents and policies to the best
 1240  of his or her ability; and that he or she will faithfully
 1241  discharge his or her fiduciary responsibility to the
 1242  association’s members. In lieu of this written certification,
 1243  within 90 days after being elected or appointed to the board,
 1244  the newly elected or appointed director may submit a certificate
 1245  of having satisfactorily completed the educational curriculum
 1246  administered by a division-approved condominium education
 1247  provider within 1 year before or 90 days after the date of
 1248  election or appointment. The written certification or
 1249  educational certificate is valid and does not have to be
 1250  resubmitted as long as the director serves on the board without
 1251  interruption. A director of an association of a residential
 1252  condominium who fails to timely file the written certification
 1253  or educational certificate is suspended from service on the
 1254  board until he or she complies with this sub-subparagraph. The
 1255  board may temporarily fill the vacancy during the period of
 1256  suspension. The secretary shall cause the association to retain
 1257  a director’s written certification or educational certificate
 1258  for inspection by the members for 5 years after a director’s
 1259  election or the duration of the director’s uninterrupted tenure,
 1260  whichever is longer. Failure to have such written certification
 1261  or educational certificate on file does not affect the validity
 1262  of any board action.
 1263         c. Any challenge to the election process must be commenced
 1264  within 60 days after the election results are announced.
 1265         5. Any approval by unit owners called for by this chapter
 1266  or the applicable declaration or bylaws, including, but not
 1267  limited to, the approval requirement in s. 718.111(8), must be
 1268  made at a duly noticed meeting of unit owners and is subject to
 1269  all requirements of this chapter or the applicable condominium
 1270  documents relating to unit owner decisionmaking, except that
 1271  unit owners may take action by written agreement, without
 1272  meetings, on matters for which action by written agreement
 1273  without meetings is expressly allowed by the applicable bylaws
 1274  or declaration or any law that provides for such action.
 1275         6. Unit owners may waive notice of specific meetings if
 1276  allowed by the applicable bylaws or declaration or any law.
 1277  Notice of meetings of the board of administration, unit owner
 1278  meetings, except unit owner meetings called to recall board
 1279  members under paragraph (j), and committee meetings may be given
 1280  by electronic transmission to unit owners who consent to receive
 1281  notice by electronic transmission. A unit owner who consents to
 1282  receiving notices by electronic transmission is solely
 1283  responsible for removing or bypassing filters that block receipt
 1284  of mass emails sent to members on behalf of the association in
 1285  the course of giving electronic notices.
 1286         7. Unit owners have the right to participate in meetings of
 1287  unit owners with reference to all designated agenda items.
 1288  However, the association may adopt reasonable rules governing
 1289  the frequency, duration, and manner of unit owner participation.
 1290         8. A unit owner may tape record or videotape a meeting of
 1291  the unit owners subject to reasonable rules adopted by the
 1292  division.
 1293         9. Unless otherwise provided in the bylaws, any vacancy
 1294  occurring on the board before the expiration of a term may be
 1295  filled by the affirmative vote of the majority of the remaining
 1296  directors, even if the remaining directors constitute less than
 1297  a quorum, or by the sole remaining director. In the alternative,
 1298  a board may hold an election to fill the vacancy, in which case
 1299  the election procedures must conform to sub-subparagraph 4.a.
 1300  unless the association governs 10 units or fewer and has opted
 1301  out of the statutory election process, in which case the bylaws
 1302  of the association control. Unless otherwise provided in the
 1303  bylaws, a board member appointed or elected under this section
 1304  shall fill the vacancy for the unexpired term of the seat being
 1305  filled. Filling vacancies created by recall is governed by
 1306  paragraph (j) and rules adopted by the division.
 1307         10. This chapter does not limit the use of general or
 1308  limited proxies, require the use of general or limited proxies,
 1309  or require the use of a written ballot or voting machine for any
 1310  agenda item or election at any meeting of a timeshare
 1311  condominium association or nonresidential condominium
 1312  association.
 1313  
 1314  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1315  association of 10 or fewer units may, by affirmative vote of a
 1316  majority of the total voting interests, provide for different
 1317  voting and election procedures in its bylaws, which may be by a
 1318  proxy specifically delineating the different voting and election
 1319  procedures. The different voting and election procedures may
 1320  provide for elections to be conducted by limited or general
 1321  proxy.
 1322         (f) Annual budget.—
 1323         1. The proposed annual budget of estimated revenues and
 1324  expenses must be detailed and must show the amounts budgeted by
 1325  accounts and expense classifications, including, at a minimum,
 1326  any applicable expenses listed in s. 718.504(21). The board
 1327  shall adopt the annual budget at least 14 days prior to the
 1328  start of the association’s fiscal year. In the event that the
 1329  board fails to timely adopt the annual budget a second time, it
 1330  shall be deemed a minor violation and the prior year’s budget
 1331  shall continue in effect until a new budget is adopted. A
 1332  multicondominium association shall adopt a separate budget of
 1333  common expenses for each condominium the association operates
 1334  and shall adopt a separate budget of common expenses for the
 1335  association. In addition, if the association maintains limited
 1336  common elements with the cost to be shared only by those
 1337  entitled to use the limited common elements as provided for in
 1338  s. 718.113(1), the budget or a schedule attached to it must show
 1339  the amount budgeted for this maintenance. If, after turnover of
 1340  control of the association to the unit owners, any of the
 1341  expenses listed in s. 718.504(21) are not applicable, they need
 1342  not be listed.
 1343         2.a. In addition to annual operating expenses, the budget
 1344  must include reserve accounts for capital expenditures and
 1345  deferred maintenance. These accounts must include, but are not
 1346  limited to, roof replacement, building painting, and pavement
 1347  resurfacing, regardless of the amount of deferred maintenance
 1348  expense or replacement cost, and any other item that has a
 1349  deferred maintenance expense or replacement cost that exceeds
 1350  $10,000. The amount to be reserved must be computed using a
 1351  formula based upon estimated remaining useful life and estimated
 1352  replacement cost or deferred maintenance expense of each reserve
 1353  item. The association may adjust replacement reserve assessments
 1354  annually to take into account any changes in estimates or
 1355  extension of the useful life of a reserve item caused by
 1356  deferred maintenance. This subsection does not apply to an
 1357  adopted budget in which the members of an association have
 1358  determined, by a majority vote at a duly called meeting of the
 1359  association, to provide no reserves or less reserves than
 1360  required by this subsection.
 1361         b. Before turnover of control of an association by a
 1362  developer to unit owners other than a developer pursuant to s.
 1363  718.301, the developer may vote the voting interests allocated
 1364  to its units to waive the reserves or reduce the funding of
 1365  reserves through the period expiring at the end of the second
 1366  fiscal year after the fiscal year in which the certificate of a
 1367  surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
 1368  an instrument that transfers title to a unit in the condominium
 1369  which is not accompanied by a recorded assignment of developer
 1370  rights in favor of the grantee of such unit is recorded,
 1371  whichever occurs first, after which time reserves may be waived
 1372  or reduced only upon the vote of a majority of all nondeveloper
 1373  voting interests voting in person or by limited proxy at a duly
 1374  called meeting of the association. If a meeting of the unit
 1375  owners has been called to determine whether to waive or reduce
 1376  the funding of reserves and no such result is achieved or a
 1377  quorum is not attained, the reserves included in the budget
 1378  shall go into effect. After the turnover, the developer may vote
 1379  its voting interest to waive or reduce the funding of reserves.
 1380         3. Reserve funds and any interest accruing thereon shall
 1381  remain in the reserve account or accounts, and may be used only
 1382  for authorized reserve expenditures unless their use for other
 1383  purposes is approved in advance by a majority vote at a duly
 1384  called meeting of the association. Before turnover of control of
 1385  an association by a developer to unit owners other than the
 1386  developer pursuant to s. 718.301, the developer-controlled
 1387  association may not vote to use reserves for purposes other than
 1388  those for which they were intended without the approval of a
 1389  majority of all nondeveloper voting interests, voting in person
 1390  or by limited proxy at a duly called meeting of the association.
 1391         4. The only voting interests that are eligible to vote on
 1392  questions that involve waiving or reducing the funding of
 1393  reserves, or using existing reserve funds for purposes other
 1394  than purposes for which the reserves were intended, are the
 1395  voting interests of the units subject to assessment to fund the
 1396  reserves in question. Proxy questions relating to waiving or
 1397  reducing the funding of reserves or using existing reserve funds
 1398  for purposes other than purposes for which the reserves were
 1399  intended must contain the following statement in capitalized,
 1400  bold letters in a font size larger than any other used on the
 1401  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1402  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1403  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1404  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1405         Section 22. Paragraph (m) of subsection (1) of section
 1406  718.501, Florida Statutes, is amended to read:
 1407         718.501 Authority, responsibility, and duties of Division
 1408  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1409         (1) The division may enforce and ensure compliance with the
 1410  provisions of this chapter and rules relating to the
 1411  development, construction, sale, lease, ownership, operation,
 1412  and management of residential condominium units. In performing
 1413  its duties, the division has complete jurisdiction to
 1414  investigate complaints and enforce compliance with respect to
 1415  associations that are still under developer control or the
 1416  control of a bulk assignee or bulk buyer pursuant to part VII of
 1417  this chapter and complaints against developers, bulk assignees,
 1418  or bulk buyers involving improper turnover or failure to
 1419  turnover, pursuant to s. 718.301. However, after turnover has
 1420  occurred, the division has jurisdiction to investigate
 1421  complaints related only to financial issues, elections, and unit
 1422  owner access to association records pursuant to s. 718.111(12).
 1423         (m) If a complaint is made, the division must conduct its
 1424  inquiry with due regard for the interests of the affected
 1425  parties. Within 30 days after receipt of a complaint, the
 1426  division shall acknowledge the complaint in writing and notify
 1427  the complainant whether the complaint is within the jurisdiction
 1428  of the division and whether additional information is needed by
 1429  the division from the complainant. The division shall conduct
 1430  its investigation and, within 90 days after receipt of the
 1431  original complaint or of timely requested additional
 1432  information, take action upon the complaint. However, the
 1433  failure to complete the investigation within 90 days does not
 1434  prevent the division from continuing the investigation,
 1435  accepting or considering evidence obtained or received after 90
 1436  days, or taking administrative action if reasonable cause exists
 1437  to believe that a violation of this chapter or a rule has
 1438  occurred. If an investigation is not completed within the time
 1439  limits established in this paragraph, the division shall, on a
 1440  monthly basis, notify the complainant in writing of the status
 1441  of the investigation. When reporting its action to the
 1442  complainant, the division shall inform the complainant of any
 1443  right to a hearing pursuant to ss. 120.569 and 120.57. The
 1444  division may adopt rules regarding the submission of a complaint
 1445  against an association.
 1446         Section 23. Section 718.5014, Florida Statutes, is amended
 1447  to read:
 1448         718.5014 Ombudsman location.—The ombudsman shall maintain
 1449  his or her principal office at a in Leon County on the premises
 1450  of the division or, if suitable space cannot be provided there,
 1451  at another place convenient to the offices of the division which
 1452  will enable the ombudsman to expeditiously carry out the duties
 1453  and functions of his or her office. The ombudsman may establish
 1454  branch offices elsewhere in the state upon the concurrence of
 1455  the Governor.
 1456         Section 24. Paragraph (j) of subsection (1) of section
 1457  719.106, Florida Statutes, is amended to read:
 1458         719.106 Bylaws; cooperative ownership.—
 1459         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1460  documents shall provide for the following, and if they do not,
 1461  they shall be deemed to include the following:
 1462         (j) Annual budget.—
 1463         1. The proposed annual budget of common expenses shall be
 1464  detailed and shall show the amounts budgeted by accounts and
 1465  expense classifications, including, if applicable, but not
 1466  limited to, those expenses listed in s. 719.504(20). The board
 1467  of administration shall adopt the annual budget at least 14 days
 1468  prior to the start of the association’s fiscal year. In the
 1469  event that the board fails to timely adopt the annual budget a
 1470  second time, it shall be deemed a minor violation and the prior
 1471  year’s budget shall continue in effect until a new budget is
 1472  adopted.
 1473         2. In addition to annual operating expenses, the budget
 1474  shall include reserve accounts for capital expenditures and
 1475  deferred maintenance. These accounts shall include, but not be
 1476  limited to, roof replacement, building painting, and pavement
 1477  resurfacing, regardless of the amount of deferred maintenance
 1478  expense or replacement cost, and for any other items for which
 1479  the deferred maintenance expense or replacement cost exceeds
 1480  $10,000. The amount to be reserved shall be computed by means of
 1481  a formula which is based upon estimated remaining useful life
 1482  and estimated replacement cost or deferred maintenance expense
 1483  of each reserve item. The association may adjust replacement
 1484  reserve assessments annually to take into account any changes in
 1485  estimates or extension of the useful life of a reserve item
 1486  caused by deferred maintenance. This paragraph shall not apply
 1487  to any budget in which the members of an association have, at a
 1488  duly called meeting of the association, determined for a fiscal
 1489  year to provide no reserves or reserves less adequate than
 1490  required by this subsection. However, prior to turnover of
 1491  control of an association by a developer to unit owners other
 1492  than a developer pursuant to s. 719.301, the developer may vote
 1493  to waive the reserves or reduce the funding of reserves for the
 1494  first 2 years of the operation of the association after which
 1495  time reserves may only be waived or reduced upon the vote of a
 1496  majority of all nondeveloper voting interests voting in person
 1497  or by limited proxy at a duly called meeting of the association.
 1498  If a meeting of the unit owners has been called to determine to
 1499  provide no reserves, or reserves less adequate than required,
 1500  and such result is not attained or a quorum is not attained, the
 1501  reserves as included in the budget shall go into effect.
 1502         3. Reserve funds and any interest accruing thereon shall
 1503  remain in the reserve account or accounts, and shall be used
 1504  only for authorized reserve expenditures unless their use for
 1505  other purposes is approved in advance by a vote of the majority
 1506  of the voting interests, voting in person or by limited proxy at
 1507  a duly called meeting of the association. Prior to turnover of
 1508  control of an association by a developer to unit owners other
 1509  than the developer under s. 719.301, the developer may not vote
 1510  to use reserves for purposes other than that for which they were
 1511  intended without the approval of a majority of all nondeveloper
 1512  voting interests, voting in person or by limited proxy at a duly
 1513  called meeting of the association.
 1514         Section 25. Subsection (1) of section 455.219, Florida
 1515  Statutes, is amended to read:
 1516         455.219 Fees; receipts; disposition; periodic management
 1517  reports.—
 1518         (1) Each board within the department shall determine by
 1519  rule the amount of license fees for its profession, based upon
 1520  department-prepared long-range estimates of the revenue required
 1521  to implement all provisions of law relating to the regulation of
 1522  professions by the department and any board; however, when the
 1523  department has determined, based on the long-range estimates of
 1524  such revenue, that a profession’s trust fund moneys are in
 1525  excess of the amount required to cover the necessary functions
 1526  of the board, or the department when there is no board, the
 1527  department may adopt rules to implement a waiver of license
 1528  renewal fees for that profession for a period not to exceed 2
 1529  years, as determined by the department. Each board, or the
 1530  department when there is no board, shall ensure license fees are
 1531  adequate to cover all anticipated costs and to maintain a
 1532  reasonable cash balance, as determined by rule of the
 1533  department, with advice of the applicable board. If sufficient
 1534  action is not taken by a board within 1 year of notification by
 1535  the department that license fees are projected to be inadequate,
 1536  the department shall set license fees on behalf of the
 1537  applicable board to cover anticipated costs and to maintain the
 1538  required cash balance. The department shall include recommended
 1539  fee cap increases in its annual report to the Legislature.
 1540  Further, it is legislative intent that no regulated profession
 1541  operate with a negative cash balance. The department may provide
 1542  by rule for the advancement of sufficient funds to any
 1543  profession or the Florida Athletic State Boxing Commission
 1544  operating with a negative cash balance. Such advancement may be
 1545  for a period not to exceed 2 consecutive years and shall require
 1546  interest to be paid by the regulated profession. Interest shall
 1547  be calculated at the current rate earned on Professional
 1548  Regulation Trust Fund investments. Interest earned shall be
 1549  allocated to the various funds in accordance with the allocation
 1550  of investment earnings during the period of the advance.
 1551         Section 26. Subsection (4) of section 548.002, Florida
 1552  Statutes, is amended to read:
 1553         548.002 Definitions.—As used in this chapter, the term:
 1554         (4) “Commission” means the Florida Athletic State Boxing
 1555  Commission.
 1556         Section 27. Subsections (3) and (4) of section 548.05,
 1557  Florida Statutes, are amended to read:
 1558         548.05 Control of contracts.—
 1559         (3) The commission may require that each contract contain
 1560  language authorizing the Florida State Boxing commission to
 1561  withhold any or all of any manager’s share of a purse in the
 1562  event of a contractual dispute as to entitlement to any portion
 1563  of a purse. The commission may establish rules governing the
 1564  manner of resolution of such dispute. In addition, if the
 1565  commission deems it appropriate, the commission is hereby
 1566  authorized to implead interested parties over any disputed funds
 1567  into the appropriate circuit court for resolution of the dispute
 1568  before prior to release of all or any part of the funds.
 1569         (4) Each contract subject to this section shall contain the
 1570  following clause: “This agreement is subject to the provisions
 1571  of chapter 548, Florida Statutes, and to the rules of the
 1572  Florida Athletic State Boxing Commission and to any future
 1573  amendments of either.”
 1574         Section 28. Subsection (12) of section 548.071, Florida
 1575  Statutes, is amended to read:
 1576         548.071 Suspension or revocation of license or permit by
 1577  commission.—The commission may suspend or revoke a license or
 1578  permit if the commission finds that the licensee or permittee:
 1579         (12) Has been disciplined by the Florida State Boxing
 1580  commission or similar agency or body of any jurisdiction.
 1581         Section 29. Section 548.077, Florida Statutes, is amended
 1582  to read:
 1583         548.077 Florida Athletic State Boxing Commission;
 1584  collection and disposition of moneys.—All fees, fines,
 1585  forfeitures, and other moneys collected under the provisions of
 1586  this chapter shall be paid by the commission to the Chief
 1587  Financial Officer who, after the expenses of the commission are
 1588  paid, shall deposit them in the Professional Regulation Trust
 1589  Fund to be used for the administration and operation of the
 1590  commission and to enforce the laws and rules under its
 1591  jurisdiction. In the event the unexpended balance of such moneys
 1592  collected under the provisions of this chapter exceeds $250,000,
 1593  any excess of that amount shall be deposited in the General
 1594  Revenue Fund.
 1595         Section 30. This act shall take effect July 1, 2021.