Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 642
       
       
       
       
       
       
                                Barcode 485366                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 126 - 136
    4  and insert:
    5  
    6         Section 3. Section 567.01, Florida Statutes, is amended to
    7  read:
    8         567.01 Petition, order, notice of election.—
    9         (1) The board of county commissioners of each county shall
   10  order an election to decide whether the sale of intoxicating
   11  liquors, wines, or beer shall be prohibited or permitted in that
   12  said county and if not prohibited, to decide the method of sale,
   13  upon the presentation to said board at a regular or special
   14  meeting, of a written application asking for such a
   15  determination in the county in which said application is made
   16  signed by one-fourth of the registered voters of the county. The
   17  signature of each registered voter shall be personally signed to
   18  such application; provided, however, a copy of said petition
   19  shall be dated and filed with the clerk of the circuit court of
   20  the county in which such election is to be held prior to
   21  procuring the signature of any registered voter thereon; and
   22  such petition must be completed and presented to the board of
   23  county commissioners within 120 days from the date said copy of
   24  said petition is originally filed with the clerk of the circuit
   25  court; and if not so done, said petition shall be held to be
   26  invalid.
   27         (2) The election so ordered shall be to decide either:
   28         (a) whether the sale of intoxicating liquors, wines, or
   29  beer shall be prohibited or permitted in said county, and to
   30  decide also whether such sale, if permitted by said election,
   31  shall be restricted to sales by the package. as hereinafter
   32  defined; or
   33         (b) 
   34         (3) After an a prior election has authorized the such sale
   35  of intoxicating liquors, wines, or beer and has restricted the
   36  sales to by the package only, the board of county commissioners
   37  shall order an election to decide whether intoxicating liquors,
   38  wines, or beer shall be sold by the drink for consumption on
   39  premises as provided in s. 567.07(2)(c) by a majority vote of
   40  the board of county commissioners or when application is made
   41  signed by one-tenth of the registered voters of the county.
   42         (4)(3) The term “Sales by the package” is defined to mean
   43  sales made in sealed containers, for consumption off the
   44  premises where sold.
   45         (5)(4) Such an election shall not be ordered oftener than
   46  once every 2 years. All orders for such election shall be in
   47  writing and shall be entered upon the minutes of the board but
   48  this requirement shall be directory only.
   49         (6)(5) Upon the making of the order for an election as
   50  aforesaid, the board shall cause its clerk to give at least 30
   51  days’ notice of said election by publishing a copy of the order
   52  for election in one newspaper in each and every town in said
   53  county in which a newspaper or newspapers be published, and if
   54  no newspaper be published within the county, then by posting at
   55  least 10 copies of said order in 10 of the most public places in
   56  said county, one of which shall be the courthouse door. Proof of
   57  publication or proof of posting shall be filed with the board
   58  and shall be made as provided by ss. 49.10 and 49.11, for making
   59  proof of publication and proof of posting incident to
   60  constructive service of process, except that the provisions of
   61  said sections for recording shall not apply. All proofs of
   62  publication and of posting shall be entered upon the minutes of
   63  the board, but this requirement shall be directory only.
   64         (7)(6) It is the purpose and intent of the Legislature that
   65  the such election shall obviate the necessity for holding two
   66  separate elections, except as provided in s. 567.07(2)(c), by
   67  determining in one election:
   68         (a) Whether the sale of intoxicating liquors, wines, or
   69  beer shall be prohibited or permitted, and
   70         (b) If such sales are determined to be permitted, to
   71  further determine whether the sales so made shall be limited to
   72  sales by the package as herein before defined, or whether sales
   73  by the drink on the premises, as well as sales by the package,
   74  may be permitted.
   75  
   76  A majority of those legally voting at such election must cast
   77  their votes for selling intoxicating liquors, wines, or beer in
   78  order that the results of the election on the second question
   79  shall be effective and binding.
   80         Section 4. Subsection (3) of section 567.06, Florida
   81  Statutes, is amended to read:
   82         567.06 Form of ballot; canvassing votes.—
   83         (3) However, for a local option election authorized by s.
   84  567.01(3)(2)(b) on the sole question of whether intoxicating
   85  liquors, wines, or beer may be sold by the drink for consumption
   86  on premises, ballot instructions shall be presented in the
   87  following form:
   88  
   89  INSTRUCTIONS: Local Option Election on the Following Question:
   90  
   91         THE QUESTION BEFORE THE ELECTORATE is to decide
   92         whether intoxicating liquors, wines, or beer,
   93         containing more than 6.243 percent of alcohol by
   94         volume, may be sold by the drink for consumption on
   95         premises in (   ) County, Florida.
   96  
   97          For Sales by the Drink:
   98  
   99  followed by the word “yes” and also by the word “no,” and shall
  100  be styled in such a manner that a “yes” vote will indicate
  101  approval of the question and a “no” vote will indicate
  102  rejection.
  103         Section 5. Paragraph (c) of subsection (2) of section
  104  567.07, Florida Statutes, is amended to read:
  105         567.07 Results of election.—
  106         (2) If a majority of those legally voting at any such
  107  election cast their votes “For Selling Intoxicating Liquors,
  108  Wines, or Beer” on question number 1 and a majority of votes
  109  legally cast on question number 2 be cast “For Sales by the
  110  Package Only,” then:
  111         (c) After the expiration of 2 years, an election pursuant
  112  to s. 567.01(3)(2)(b) may be held to determine the sole question
  113  of whether intoxicating liquors, wines, or beer may be sold by
  114  the drink for consumption on premises. If a majority of those
  115  legally voting cast their votes for selling intoxicating
  116  liquors, wines, or beer by the drink for consumption on
  117  premises, such alcoholic beverages may be sold as otherwise
  118  provided by law in that county until otherwise determined in an
  119  election, which shall not be held oftener than once every 2
  120  years. If a majority of those legally voting cast their vote
  121  against the sale of intoxicating liquors, wines, or beer by the
  122  drink for consumption on premises, sales by the package only
  123  shall continue.
  124         Section 6. (1) The Legislature declares that it would not
  125  have enacted individually the amendments to sections 565.03 and
  126  561.14, Florida Statutes, and expressly finds the amendments to
  127  those provisions not to be severable. If a court of competent
  128  jurisdiction determines any provision of those sections as
  129  amended by this act to be in conflict with any law of this
  130  state, a federal law or regulation, the State Constitution, or
  131  the United States Constitution, or to be otherwise invalid for
  132  any reason, it is the intent of the Legislature that the
  133  amendments to sections 565.03 and 561.14, Florida Statutes,
  134  shall be void, that such invalidity shall void only those
  135  changes made by this act to sections 565.03 and 561.14, Florida
  136  Statutes, and that no other law be affected.
  137         (2) If any provisions of sections 567.01, 567.06, or
  138  567.07, Florida Statutes, as amended by this act, or if the
  139  application of those sections as amended by this act to any
  140  person or circumstance is held invalid, the invalidity does not
  141  affect other provisions or applications of the act which can be
  142  given effect without the invalid provision or application, and
  143  to this end sections 567.01, 567.06, or 567.07, Florida
  144  Statutes, as amended by this act are severable.
  145         Section 7. This act shall take effect July 1, 2013.
  146  
  147  ================= T I T L E  A M E N D M E N T ================
  148         And the title is amended as follows:
  149         Delete lines 2 - 14
  150  and insert:
  151         An act relating to alcoholic beverages; amending s.
  152         565.03, F.S.; providing definitions; revising
  153         provisions regarding a state license tax involved with
  154         the operation of distilleries; providing requirements
  155         for craft distilleries under certain conditions;
  156         prohibiting the shipment of certain distilled spirits;
  157         restricting license transferability and ownership
  158         affiliation; providing reporting requirements;
  159         providing requirements relating to the payment of
  160         taxes; providing for the adoption of rules; amending
  161         s. 561.14, F.S.; conforming a cross-reference;
  162         amending s. 567.01, F.S.; providing that a county
  163         commission may order an election on the sale of
  164         alcoholic beverages for consumption on premise;
  165         amending s. 567.06; conforming a cross reference;
  166         amending s. 567.07, F.S.; conforming a cross
  167         reference; declaring that the provisions of ss. 565.03
  168         and 561.14, F.S., as amended by this act are not
  169         severable; providing a severability clause; providing
  170         an effective date.