CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator King moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 509.049, Florida Statutes, is

18  amended to read:

19         509.049  Food service employee training.--The division

20  shall adopt, by rule, minimum food safety protection standards

21  for the training of all food service employees who are

22  responsible for the storage, preparation, display, or serving

23  of foods to the public in establishments regulated under this

24  chapter.  These standards shall not include an examination,

25  but shall provide for a food safety training certificate

26  program for food service employees to be administered by a

27  private nonprofit provider chosen by the division.  The

28  division shall issue a request for competitive sealed

29  proposals which includes a statement of the contractual

30  services sought and all terms and conditions applicable to the

31  contract.  The division shall award the contract to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  provider whose proposal is determined in writing to be the

 2  most advantageous to the state, taking into consideration the

 3  price and the other criteria set forth in the request for

 4  proposals.  The division shall contract with a provider on a

 5  4-year basis and is authorized to promulgate by rule a per

 6  employee fee to cover the contracted price for the program

 7  administered by the provider.  In making its selection, the

 8  division shall consider factors including, but not limited to,

 9  the experience and history of the provider in representing the

10  food service industry, the provider's demonstrated commitment

11  to food safety, and its ability to provide a statewide program

12  with industry support and participation. Any food safety

13  training program established and administered to food handler

14  employees utilized at a public food service establishment

15  prior to the effective date of this act shall be submitted by

16  the operator to the division for its review and approval.  If

17  the food safety training program is approved by the division,

18  nothing in this section shall preclude any other operator of a

19  food service establishment from also utilizing the approved

20  program or require the employees of any operator to receive

21  training from or pay a fee to the division's contracted

22  provider.  Review and approval by the division of a program or

23  programs under this section shall include, but not be limited

24  to, the minimum food safety standards adopted by the division

25  in accordance with this section or certification.  It shall be

26  the duty of the licensee of the public food service

27  establishment to provide training in accordance with the

28  described rule to all employees under the licensee's

29  supervision or control.  The licensee may designate a

30  certified food service manager to perform this function as an

31  agent of the licensee. Food service employees must receive

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  certification pursuant to this section by January 1, 2001.

 2  Food service employees hired after November 1, 2000, must

 3  receive certification within 60 days after employment.

 4  Certification pursuant to this section shall remain valid for

 5  3 years.

 6         Section 2.  Subsection (1) of section 509.291, Florida

 7  Statutes, is amended to read:

 8         509.291  Advisory council.--

 9         (1)  There is created a 10-member an 18-member advisory

10  council.

11         (a)  The Secretary of Business and Professional

12  Regulation shall appoint five 11 voting members to the

13  advisory council. Each member appointed by the secretary must

14  be an operator of an establishment licensed under this chapter

15  and shall represent the industries regulated by the division,

16  except that one member appointed by the secretary must be a

17  layperson and shall represent the general public. Such members

18  of the council shall serve staggered terms of 4 years.

19         (b)  The division, the Department of Health, The

20  Florida Hotel and Motel Association, the Florida Restaurant

21  Association, the Florida Apartment Association, and the

22  Florida Association of Realtors shall each designate one

23  representative to serve as a voting member of the council, and

24  one member appointed by the secretary must be appointed to

25  represent nontransient public lodging establishments.  In

26  addition, one hospitality administration educator from an

27  institution of higher education affiliated with the

28  Hospitality Education Program pursuant to s. 509.302(2) shall

29  serve for a term of 2 years as a voting member of the council.

30  This single representative shall be designated on a rotating

31  basis by the institution or institutions of higher education

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  affiliated with this program pursuant to s. 509.302(2).

 2         (c)  Any member who fails to attend three consecutive

 3  council meetings without good cause may be removed from the

 4  council by the secretary.

 5         Section 3.  Subsection (14) of section 561.01, Florida

 6  Statutes, is amended to read:

 7         561.01  Definitions.--As used in the Beverage Law:

 8         (14)  "Licensee," "applicant," or "person" means a

 9  legal or business entity, person, or persons that hold a

10  license issued by the division and meet the qualifications set

11  forth in s. 561.15 an individual, corporation, firm,

12  partnership, limited partnership, incorporated association,

13  unincorporated association, professional association, or other

14  legal or commercial entity; a combination of such entities; or

15  any such entity having a financial interest, directly or

16  indirectly, in another such entity.

17         Section 4.  Subsection (1) of section 561.17, Florida

18  Statutes, is amended to read:

19         561.17  License and registration applications; approved

20  person.--

21         (1)  Any person, before engaging in the business of

22  manufacturing, bottling, distributing, selling, or in any way

23  dealing in alcoholic beverages, shall file, with the district

24  licensing personnel supervisor of the district of the division

25  in which the place of business for which a license is sought

26  is located, a sworn application in duplicate on forms provided

27  to the district licensing personnel supervisor by the

28  division. The applicant must be a legal or business entity,

29  person, or persons and must include all persons, officers,

30  shareholders, and directors of such legal or business entity

31  that have a direct or indirect interest in the business

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  seeking to be licensed under this part. However, the applicant

 2  does not include any person that derives revenue from the

 3  license solely through a contractual relationship with the

 4  licensee, the substance of which contractual relationship is

 5  not related to the control of the sale of alcoholic beverages.

 6  Prior to any application being approved, the division may

 7  require the applicant to file a set of fingerprints on regular

 8  United States Department of Justice forms for herself or

 9  himself and for any person or persons interested directly or

10  indirectly with the applicant in the business for which the

11  license is being sought, when so required by the division.  If

12  the applicant or any person who is interested with the

13  applicant either directly or indirectly in the business or who

14  has a security interest in the license being sought or has a

15  right to a percentage payment from the proceeds of the

16  business, either by lease or otherwise, is not qualified, the

17  application shall be denied by the division.  However, any

18  company regularly traded on a national securities exchange and

19  not over the counter; any insurer, as defined in the Florida

20  Insurance Code; or any bank or savings and loan association

21  chartered by this state, another state, or the United States

22  which has an interest, directly or indirectly, in an alcoholic

23  beverage license shall not be required to obtain division

24  approval of its officers, directors, or stockholders or any

25  change of such positions or interests.  A shopping center with

26  five or more stores, one or more of which has an alcoholic

27  beverage license and is required under a lease common to all

28  shopping center tenants to pay no more than 10 percent of the

29  gross proceeds of the business holding the license to the

30  shopping center, shall not be considered as having an

31  interest, directly or indirectly, in the license.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1         Section 5.  Section 561.181, Florida Statutes, is

 2  amended to read:

 3         561.181  Temporary initial licenses.--

 4         (1)(a)  When any person has filed a properly completed

 5  application which does not on its face disclose any reason for

 6  denying an alcoholic beverage license, the division shall

 7  issue to such person a temporary initial license of the same

 8  type and series for which the application has been submitted,

 9  to be valid for all purposes under the Beverage Law, except as

10  provided in paragraph (b).

11         (b)  A license issued under this section entitles a

12  vendor to purchase alcoholic beverages for cash only.  This

13  paragraph does not apply:

14         1.  If the entity holding the temporary initial license

15  is also the holder of a beverage license authorizing the

16  purchase of the same type of alcoholic beverages as is

17  authorized under the temporary license.

18         2.  To purchases made as part of a single-transaction

19  cooperative purchase placed by a pool buying agent.

20         (2)  The temporary initial license shall be valid until

21  the application is denied or until 14 days after the

22  application is approved.

23         (2)(3)  A temporary initial license shall expire and

24  shall not be continued or extended beyond the date the

25  division denies the application for license, beyond 14 days

26  after the date the division approves the application for

27  license, or beyond the date the applicant pays the license fee

28  for and the division issues the license applied for, or beyond

29  the date the temporary initial license otherwise expires by

30  law, whichever date occurs first. If the department issues a

31  notice of intent to deny the license application for failure

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  of the applicant to disclose the information required by s.

 2  561.15(2) or (4), the initial temporary license expires and

 3  shall not be extended during any proceeding for administrative

 4  or judicial review pursuant to chapter 120.

 5         (3)(4)  Each applicant seeking a temporary initial

 6  license shall pay to the division for such license a fee equal

 7  to one-fourth of the annual license fee for the type and

 8  series of license being applied for or $100, whichever is

 9  greater, which fee shall be deposited into the General Revenue

10  Fund.

11         Section 6.  Subsection (1) and paragraph (a) of

12  subsection (2) of section 561.20, Florida Statutes, are

13  amended to read:

14         561.20  Limitation upon number of licenses issued.--

15         (1)  No license under s. 565.02(1)(a)-(f), inclusive,

16  shall be issued so that the number of such licenses within the

17  limits of the territory of any county exceeds one such license

18  to each 7,500 5,000 residents within such county.  Regardless

19  of the number of quota licenses issued prior to October 1,

20  2000 1992, on and after that date, a new license under s.

21  565.02(1)(a)-(f), inclusive, shall be issued for each

22  population increase of 7,500 5,000 residents above the number

23  of residents who resided in the county according to the April

24  1, 1999 1991, Florida Estimate of Population as published by

25  the Bureau of Economic and Business Research at the University

26  of Florida, and thereafter, based on the last regular

27  population estimate prepared pursuant to s. 186.901, for such

28  county.  Such population estimates shall be the basis for

29  annual license issuance regardless of any local acts to the

30  contrary. However, such limitation shall not prohibit the

31  issuance of at least three licenses in any county that may

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  approve the sale of intoxicating liquors in such county.

 2         (2)(a)  No such limitation of the number of licenses as

 3  herein provided shall henceforth prohibit the issuance of a

 4  special license to:

 5         1.  Any bona fide hotel, motel, or motor court of not

 6  fewer than 80 guest rooms in any county having a population of

 7  less than 50,000 residents, and of not fewer than 100 guest

 8  rooms in any county having a population of 50,000 residents or

 9  greater; or any bona fide hotel or motel located in a historic

10  structure, as defined in s. 561.01(21), with fewer than 100

11  guest rooms which derives at least 51 percent of its gross

12  revenue from the rental of hotel or motel rooms, which is

13  licensed as a public lodging establishment by the Division of

14  Hotels and Restaurants; provided, however, that a bona fide

15  hotel or motel with no fewer than 10 and no more than 25 guest

16  rooms which is a historic structure, as defined in s.

17  561.01(21), in a municipality that on the effective date of

18  this act has a population, according to the University of

19  Florida's Bureau of Economic and Business Research Estimates

20  of Population for 1998, of no fewer than 25,000 and no more

21  than 35,000 residents and that is within a constitutionally

22  chartered county may be issued a special license. This special

23  license shall allow the sale and consumption of alcoholic

24  beverages only on the licensed premises of the hotel or motel.

25  In addition, the hotel or motel must derive at least 60

26  percent of its gross revenue from the rental of hotel or motel

27  rooms and the sale of food and nonalcoholic beverages;

28  provided that the provisions of this subparagraph shall

29  supersede local laws requiring a greater number of hotel

30  rooms;

31         2.  Any condominium accommodation of which no fewer

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  than 100 condominium units are wholly rentable to transients

 2  and which is licensed under the provisions of chapter 509,

 3  except that the license shall be issued only to the person or

 4  corporation which operates the hotel or motel operation and

 5  not to the association of condominium owners;

 6         3.  Any condominium accommodation of which no fewer

 7  than 50 condominium units are wholly rentable to transients,

 8  which is licensed under the provisions of chapter 509, and

 9  which is located in any county having home rule under s. 10 or

10  s. 11, Art. VIII of the State Constitution of 1885, as

11  amended, and incorporated by reference in s. 6(e), Art. VIII

12  of the State Constitution, except that the license shall be

13  issued only to the person or corporation which operates the

14  hotel or motel operation and not to the association of

15  condominium owners; or

16         4.  Any restaurant having 2,500 square feet of service

17  area and equipped to serve 150 persons full course meals at

18  tables at one time, and deriving at least 51 percent of its

19  gross revenue from the sale of food and nonalcoholic

20  beverages; however, no restaurant granted a special license on

21  or after January 1, 1958, pursuant to general or special law

22  shall operate as a package store, nor shall intoxicating

23  beverages be sold under such license after the hours of

24  serving food have elapsed; or.

25         5.  Any caterer, deriving at least 51 percent of its

26  gross revenue from the sale of food and nonalcoholic

27  beverages, licensed by the Division of Hotels and Restaurants

28  under chapter 509. Notwithstanding any other provision of law

29  to the contrary, a licensee under this subparagraph shall sell

30  or serve alcoholic beverages only for consumption on the

31  premises of a catered event at which the licensee is also

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  providing prepared food, and shall prominently display its

 2  license at any catered event at which the caterer is selling

 3  or serving alcoholic beverages. A licensee under this

 4  subparagraph shall purchase all alcoholic beverages it sells

 5  or serves at a catered event from a vendor licensed under s.

 6  563.02(1), s. 564.02(1), or licensed under s. 565.02(1)

 7  subject to the limitation imposed in s. 561.20(1), as

 8  appropriate. A licensee under this subparagraph may not store

 9  any alcoholic beverages to be sold or served at a catered

10  event. Any alcoholic beverages purchased by a licensee under

11  this subparagraph for a catered event that are not used at

12  that event must remain with the customer; provided that if the

13  vendor accepts unopened alcoholic beverages, the licensee may

14  return such alcoholic beverages, to the vendor for a credit or

15  reimbursement. Regardless of the county or counties in which

16  the licensee operates, a licensee under this subparagraph

17  shall pay the annual state license tax set forth in s.

18  565.02(1)(b). A licensee under this subparagraph must maintain

19  for a period of 3 years all records required by the department

20  by rule to demonstrate compliance with the requirements of

21  this subparagraph, including licensed vendor receipts for the

22  purchase of alcoholic beverages and records identifying each

23  customer and the location and date of each catered event.

24  Notwithstanding any provision of law to the contrary, any

25  vendor licensed under s. 565.02(1) subject to the limitation

26  imposed in s. 561.20(1), may, without any additional licensure

27  under this subparagraph, serve or sell alcoholic beverages for

28  consumption on the premises of a catered event at which

29  prepared food is provided by a caterer licensed under chapter

30  509. If a licensee under this subparagraph also possesses any

31  other license under the Beverage Law, the license issued under

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  this subparagraph shall not authorize the holder to conduct

 2  activities on the premises to which the other license or

 3  licenses apply that would otherwise be prohibited by the terms

 4  of that license or the Beverage Law.  Nothing in this section

 5  shall permit the licensee to conduct activities that are

 6  otherwise prohibited by the Beverage Law or local law.  The

 7  Division of Alcoholic Beverages and Tobacco is hereby

 8  authorized to adopt rules to administer the license created in

 9  this subparagraph, to include rules governing licensure,

10  recordkeeping, and enforcement.  The first $300,000 in fees

11  collected by the division each fiscal year pursuant to this

12  subparagraph shall be deposited in the Department of Children

13  and Family Services' Operations and Maintenance Trust Fund to

14  be used only for alcohol and drug abuse education, treatment,

15  and prevention programs.  The remainder of the fees collected

16  shall be deposited into the Hotel and Restaurant Trust Fund

17  created pursuant to s. 509.072.

18

19  However, any license heretofore issued to any such hotel,

20  motel, motor court, or restaurant or hereafter issued to any

21  such hotel, motel, or motor court, including a condominium

22  accommodation, under the general law shall not be moved to a

23  new location, such license being valid only on the premises of

24  such hotel, motel, motor court, or restaurant. Licenses issued

25  to hotels, motels, motor courts, or restaurants under the

26  general law and held by such hotels, motels, motor courts, or

27  restaurants on May 24, 1947, shall be counted in the quota

28  limitation contained in subsection (1).  Any license issued

29  for any hotel, motel, or motor court under the provisions of

30  this law shall be issued only to the owner of the hotel,

31  motel, or motor court or, in the event the hotel, motel, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  motor court is leased, to the lessee of the hotel, motel, or

 2  motor court; and the license shall remain in the name of the

 3  owner or lessee so long as the license is in existence. Any

 4  special license now in existence heretofore issued under the

 5  provisions of this law cannot be renewed except in the name of

 6  the owner of the hotel, motel, motor court, or restaurant or,

 7  in the event the hotel, motel, motor court, or restaurant is

 8  leased, in the name of the lessee of the hotel, motel, motor

 9  court, or restaurant in which the license is located and must

10  remain in the name of the owner or lessee so long as the

11  license is in existence.  Any license issued under this

12  section shall be marked "Special," and nothing herein provided

13  shall limit, restrict, or prevent the issuance of a special

14  license for any restaurant or motel which shall hereafter meet

15  the requirements of the law existing immediately prior to the

16  effective date of this act, if construction of such restaurant

17  has commenced prior to the effective date of this act and is

18  completed within 30 days thereafter, or if an application is

19  on file for such special license at the time this act takes

20  effect; and any such licenses issued under this proviso may be

21  annually renewed as now provided by law.  Nothing herein

22  prevents an application for transfer of a license to a bona

23  fide purchaser of any hotel, motel, motor court, or restaurant

24  by the purchaser of such facility or the transfer of such

25  license pursuant to law.

26         Section 7.  Paragraph (k) is added to subsection (1) of

27  section 561.29, Florida Statutes, to read:

28         561.29  Revocation and suspension of license; power to

29  subpoena.--

30         (1)  The division is given full power and authority to

31  revoke or suspend the license of any person holding a license

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  under the Beverage Law, when it is determined or found by the

 2  division upon sufficient cause appearing of:

 3         (k)  Failure by the holder of any license issued under

 4  the Beverage Law to comply with a stipulation, consent order,

 5  or final order.

 6         Section 8.  Subsection (5) of section 561.32, Florida

 7  Statutes, is amended, and subsection (6) is added to said

 8  section, to read:

 9         561.32  Transfer of licenses; change of officers or

10  directors; transfer of interest.--

11         (5)  The division shall waive the transfer fee and the

12  delinquent penalties, but not the license renewal fee, when

13  the transfer of an interest in an alcoholic beverage license

14  occurs by operation of law because of a death, judicial

15  proceedings, court appointment of a fiduciary, foreclosure or

16  forced judicial sale, bankruptcy proceedings, or seizure of a

17  license by a government agency.

18         (6)(a)  Notwithstanding any other provision of law,

19  except as provided in paragraph (b), any license issued after

20  October 1, 2000, under s. 561.20(1) shall not be transferable

21  in any manner, directly or indirectly, including by any change

22  in stock, partnership shares, or other form of ownership of

23  any entity holding the license, except by probate or

24  guardianship proceedings. Any attempted assignment, sale, or

25  transfer of interest in such license, directly or indirectly,

26  in violation of this provision is hereby declared void and the

27  license shall be deemed abandoned and shall revert to the

28  state to be issued in the manner provided by law for issuance

29  of new licenses.

30         (b)  A license issued after October 1, 2000, under s.

31  561.20(1) may be transferred as provided by law only upon

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  payment to the division of a transfer fee in an amount equal

 2  to fifty times the annual license fee specified in s.

 3  565.02(1)(b)-(f) in the county in which the license is valid.

 4  However, if the county is only authorized for the issuance of

 5  a liquor license for package sales only, the transfer fee

 6  shall be an amount equal to fifty times the annual license fee

 7  specified in s. 565.02(1)(a). The transfer fee provided for in

 8  this paragraph shall be in addition to any other transfer fee

 9  provided by paragraph (3)(a).

10         Section 9.  Section 561.331, Florida Statutes, is

11  amended to read:

12         561.331  Temporary license upon application for

13  transfer, change of location, or change of type or series.--

14         (1)  Upon the filing of a properly completed

15  application for transfer pursuant to s. 561.32, which

16  application does not on its face disclose any reason for

17  denying an alcoholic beverage license, by any purchaser of a

18  business which possesses a beverage license of any type or

19  series, the purchaser of such business and the applicant for

20  transfer are entitled as a matter of right to receive a

21  temporary beverage license of the same type and series as that

22  held by the seller of such business.  The temporary license

23  will be valid for all purposes under the Beverage Law until

24  the application is denied or until 14 days after the

25  application is approved. Such temporary beverage license shall

26  be issued by the district supervisor of the district in which

27  the application for transfer is made upon the payment of a fee

28  of $100. A purchaser operating under the provisions of this

29  subsection is subject to the same rights, privileges, duties,

30  and limitations of a beverage licensee as are provided by law,

31  except that purchases of alcoholic beverages during the term

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  of such temporary license shall be for cash only. However,

 2  such cash-only restriction does not apply if the entity

 3  holding a temporary license pursuant to this section purchases

 4  alcoholic beverages as part of a single-transaction

 5  cooperative purchase placed by a pool buying agent or if such

 6  entity is also the holder of a state beverage license

 7  authorizing the purchase of the same type of alcoholic

 8  beverages as authorized under the temporary license.

 9         (2)  Upon the filing of an application for change of

10  location pursuant to s. 561.33 by any qualified licensee who

11  possesses a beverage license of any type or series, which

12  application does not on its face disclose any reason for

13  denying an alcoholic beverage license, the licensee is

14  entitled as a matter of right to receive a temporary beverage

15  license of the same series as that license held by the

16  licensee to be valid for all purposes under the Beverage Law

17  until the application is denied or until 14 days after the

18  application is approved.  Such temporary license shall be

19  issued by the district supervisor of the district in which the

20  application for change of location is made without the payment

21  of any further fee or tax.  A licensee operating under the

22  provisions of this subsection is subject to the same rights,

23  privileges, duties, and limitations of a beverage licensee as

24  are provided by law.

25         (3)  Upon the filing of a properly completed

26  application to change the type or series of a beverage license

27  by any qualified licensee having a beverage license of any

28  type or series, which application does not on its face

29  disclose any reason for denying an alcoholic beverage license,

30  the licensee is entitled as a matter of right to receive a

31  temporary beverage license of the type or series applied for,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  which temporary license is valid for all purposes under the

 2  Beverage Law until the application is denied or until 14 days

 3  after the application is approved.  Such temporary license

 4  shall be issued by the district supervisor of the district in

 5  which the application for change of type or series is made. If

 6  the department issues a notice of intent to deny the license

 7  application for failure of the applicant to disclose the

 8  information required by s. 561.15(2) or (4), the temporary

 9  license for transfer, change of location, or change of type of

10  series expires and shall not be extended during any proceeding

11  for administrative or judicial review pursuant to chapter 120.

12  If the fee for the type or series or license applied for is

13  greater than the fee for the license then held by the

14  applicant, the applicant for such temporary license must pay a

15  fee in the amount of $100 or one-fourth of the difference

16  between the fees, whichever amount is greater.  A fee is not

17  required for an application for a temporary license of a type

18  or series for which the fee is the same as or less than the

19  fee for the license then held by the applicant. The holder of

20  a temporary license under this subsection is subject to the

21  same rights, privileges, duties, and limitations of a beverage

22  licensee as are provided by law.

23         (4)  Nothing in this section shall be construed to

24  permit the transfer or issuance of temporary licenses contrary

25  to the county-by-county limitation on the number of such

26  licenses based on population as provided in s. 561.20(1).

27         Section 10.  Section 565.05, Florida Statutes, is

28  amended to read:

29         565.05  Purchase of distilled spirits by licensed

30  clubs; size of individual containers.--It is unlawful for any

31  person holding a license as a club for the sale of distilled

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1  spirits to purchase any of said distilled spirits in

 2  individual containers larger than 1.75 liters or 59.18 ounces,

 3  or smaller than 0.50 liter or 16.9 ounces, except for golf

 4  clubs licensed pursuant to s. 561.20(7)(b), which may purchase

 5  50 milliliter or 1.7 ounce containers.

 6         Section 11.  Section 565.06, Florida Statutes, is

 7  amended to read:

 8         565.06  Clubs to sell only individual drinks.--It is

 9  unlawful for any person holding a license as a club for the

10  sale of intoxicating liquors and beverages to sell the same

11  except by the individual drink. However, golf clubs licensed

12  pursuant to s. 561.20(7)(b) may sell individual containers of

13  50 milliliters or 1.7 ounces for consumption on the premises

14  only.

15         Section 12.  This act shall take effect July 1, 2000.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

21

22  and insert:

23                  A bill to be entitled

24         An act relating to the Department of Business

25         and Professional Regulation; amending s.

26         509.049, F.S.; revising language with respect

27         to food service employee training; providing

28         for a food service training certificate

29         program; providing for approval of existing

30         programs; providing for requests for

31         competitive sealed proposals; requiring certain

                                  17
    11:43 AM   05/03/00                             s2542c1c-0810f




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1         food service employees to receive certification

 2         by certain times certain; providing for time of

 3         validity of certification; amending s. 509.291,

 4         F.S.; revising the membership of the Hotel and

 5         Restaurant Advisory Council; amending s.

 6         561.01, F.S.; revising the definition of the

 7         term "licensee" under the Beverage Law;

 8         amending s. 561.17, F.S.; revising a provision

 9         relating to license and registration

10         applications under the Beverage Law; amending

11         s. 561.181, F.S.; revising language with

12         respect to temporary initial licenses; amending

13         s. 561.20, F.S.; revising language with respect

14         to the limitation on the number of alcoholic

15         beverage licenses issued; creating a special

16         license category for caterers; providing

17         conditions for operation; providing for

18         adoption of rules; providing for deposit of

19         fees; amending s. 561.29, F.S.; revising

20         language with respect to the revocation and

21         suspension of licenses under the Beverage Law

22         to include another prohibition; amending s.

23         561.32, F.S.; revising a provision relating to

24         the transfer of a license; prohibiting

25         transfers of certain licenses under the

26         Beverage Law; providing exceptions; providing

27         for reversion to the state of certain licenses

28         deemed abandoned; providing for transfer of

29         certain licenses under certain circumstances;

30         specifying fees for such transfers; amending s.

31         561.331, F.S.; revising language with respect

                                  18
    11:43 AM   05/03/00                             s2542c1c-0810f




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2542, 1st Eng.

    Amendment No.    





 1         to a temporary license issued upon application

 2         for transfer, change of location, or change of

 3         type or series; amending s. 565.05, F.S.;

 4         providing an exception regarding the purchase

 5         of alcoholic beverages by golf clubs; amending

 6         s. 565.06, F.S.; authorizing the sale of

 7         alcoholic beverages in certain individual

 8         containers at golf clubs; providing an

 9         effective date.

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