Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 689, 2nd Eng.
       
       
       
       
       
       
                                Ì559554DÎ559554                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/11/2020 05:18 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 210.09, Florida
    6  Statutes, is amended to read:
    7         210.09 Records to be kept; reports to be made;
    8  examination.—
    9         (2) The division is authorized to prescribe and promulgate
   10  by rules and regulations, which shall have the force and effect
   11  of the law, such records to be kept and reports to be made to
   12  the division by any manufacturer, importer, distributing agent,
   13  wholesale dealer, retail dealer, common carrier, or any other
   14  person handling, transporting or possessing cigarettes for sale
   15  or distribution within the state as may be necessary to collect
   16  and properly distribute the taxes imposed by s. 210.02. All
   17  reports shall be made on or before the 10th day of the month
   18  following the month for which the report is made, unless the
   19  division by rule or regulation shall prescribe that reports be
   20  made more often. All reports shall be filed with the division
   21  through the division’s electronic data submission system.
   22         Section 2. Subsection (1) of section 210.55, Florida
   23  Statutes, is amended to read:
   24         210.55 Distributors; monthly returns.—
   25         (1) On or before the 10th of each month, every taxpayer
   26  with a place of business in this state shall file a full and
   27  complete report return with the division showing the tobacco
   28  products taxable price of each tobacco product brought or caused
   29  to be brought into this state for sale, or made, manufactured,
   30  or fabricated in this state for sale in this state, during the
   31  preceding month. Every taxpayer outside this state shall file a
   32  full and complete report with the division through the
   33  division’s electronic data submission system return showing the
   34  quantity and taxable price of each tobacco product shipped or
   35  transported to retailers in this state, to be sold by those
   36  retailers, during the preceding month. Reports must Returns
   37  shall be made upon forms furnished and prescribed by the
   38  division and must shall contain any other information that the
   39  division requires. Each report must return shall be accompanied
   40  by a remittance for the full tax liability shown and be filed
   41  with the division through the division’s electronic data
   42  submission system.
   43         Section 3. Subsection (1) of section 509.241, Florida
   44  Statutes, is amended to read:
   45         509.241 Licenses required; exceptions.—
   46         (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
   47  establishment and public food service establishment shall obtain
   48  a license from the division. Such license may not be transferred
   49  from one place or individual to another. It shall be a
   50  misdemeanor of the second degree, punishable as provided in s.
   51  775.082 or s. 775.083, for such an establishment to operate
   52  without a license. Local law enforcement shall provide immediate
   53  assistance in pursuing an illegally operating establishment. The
   54  division may refuse a license, or a renewal thereof, to any
   55  establishment that is not constructed and maintained in
   56  accordance with law and with the rules of the division. The
   57  division may refuse to issue a license, or a renewal thereof, to
   58  any establishment an operator of which, within the preceding 5
   59  years, has been adjudicated guilty of, or has forfeited a bond
   60  when charged with, any crime reflecting on professional
   61  character, including soliciting for prostitution, pandering,
   62  letting premises for prostitution, keeping a disorderly place,
   63  or illegally dealing in controlled substances as defined in
   64  chapter 893, whether in this state or in any other jurisdiction
   65  within the United States, or has had a license denied, revoked,
   66  or suspended pursuant to s. 429.14. Licenses shall be renewed
   67  annually, and the division shall adopt rules a rule establishing
   68  procedures a staggered schedule for license issuance and
   69  renewals. If any license expires while administrative charges
   70  are pending against the license, the proceedings against the
   71  license shall continue to conclusion as if the license were
   72  still in effect.
   73         Section 4. Subsections (1) and (2) of section 509.251,
   74  Florida Statutes, are amended to read:
   75         509.251 License fees.—
   76         (1) The division shall adopt, by rule, a schedule of fees
   77  to be paid by each public lodging establishment as a
   78  prerequisite to issuance or renewal of a license. Such fees
   79  shall be based on the number of rental units in the
   80  establishment. The aggregate fee per establishment charged any
   81  public lodging establishment may not exceed $1,000; however, the
   82  fees described in paragraphs (a) and (b) may not be included as
   83  part of the aggregate fee subject to this cap. Vacation rental
   84  units or timeshare projects within separate buildings or at
   85  separate locations but managed by one licensed agent may be
   86  combined in a single license application, and the division shall
   87  charge a license fee as if all units in the application are in a
   88  single licensed establishment. The fee schedule shall require an
   89  establishment which applies for an initial license to pay the
   90  full license fee if application is made during the annual
   91  renewal period or more than 6 months before the next such
   92  renewal period and one-half of the fee if application is made 6
   93  months or less before such period. The fee schedule shall
   94  include fees collected for the purpose of funding the
   95  Hospitality Education Program, pursuant to s. 509.302. All fees,
   96  which are payable in full for each application at the time
   97  regardless of when the application is submitted.
   98         (a) Upon making initial application or an application for
   99  change of ownership, the applicant shall pay to the division a
  100  fee as prescribed by rule, not to exceed $50, in addition to any
  101  other fees required by law, which shall cover all costs
  102  associated with initiating regulation of the establishment.
  103         (b) A license renewal filed with the division after the
  104  expiration date shall be accompanied by a delinquent fee as
  105  prescribed by rule, not to exceed $50, in addition to the
  106  renewal fee and any other fees required by law.
  107         (2) The division shall adopt, by rule, a schedule of fees
  108  to be paid by each public food service establishment as a
  109  prerequisite to issuance or renewal of a license. The fee
  110  schedule shall prescribe a basic fee and additional fees based
  111  on seating capacity and services offered. The aggregate fee per
  112  establishment charged any public food service establishment may
  113  not exceed $400; however, the fees described in paragraphs (a)
  114  and (b) may not be included as part of the aggregate fee subject
  115  to this cap. The fee schedule shall require an establishment
  116  which applies for an initial license to pay the full license fee
  117  if application is made during the annual renewal period or more
  118  than 6 months before the next such renewal period and one-half
  119  of the fee if application is made 6 months or less before such
  120  period. The fee schedule shall include fees collected for the
  121  purpose of funding the Hospitality Education Program, pursuant
  122  to s. 509.302. All fees, which are payable in full for each
  123  application at the time regardless of when the application is
  124  submitted.
  125         (a) Upon making initial application or an application for
  126  change of ownership, the applicant shall pay to the division a
  127  fee as prescribed by rule, not to exceed $50, in addition to any
  128  other fees required by law, which shall cover all costs
  129  associated with initiating regulation of the establishment.
  130         (b) A license renewal filed with the division after the
  131  expiration date shall be accompanied by a delinquent fee as
  132  prescribed by rule, not to exceed $50, in addition to the
  133  renewal fee and any other fees required by law.
  134         Section 5. Section 548.003, Florida Statutes, is amended to
  135  read:
  136         548.003 Florida Athletic State Boxing Commission.—
  137         (1) The Florida Athletic State Boxing Commission is created
  138  and is assigned to the Department of Business and Professional
  139  Regulation for administrative and fiscal accountability purposes
  140  only. The Florida State Boxing commission shall consist of five
  141  members appointed by the Governor, subject to confirmation by
  142  the Senate. One member must be a physician licensed pursuant to
  143  chapter 458 or chapter 459, who must maintain an unencumbered
  144  license in good standing, and who must, at the time of her or
  145  his appointment, have practiced medicine for at least 5 years.
  146  Upon the expiration of the term of a commissioner, the Governor
  147  shall appoint a successor to serve for a 4-year term. A
  148  commissioner whose term has expired shall continue to serve on
  149  the commission until such time as a replacement is appointed. If
  150  a vacancy on the commission occurs prior to the expiration of
  151  the term, it shall be filled for the unexpired portion of the
  152  term in the same manner as the original appointment.
  153         (2) The Florida State Boxing commission, as created by
  154  subsection (1), shall administer the provisions of this chapter.
  155  The commission has authority to adopt rules pursuant to ss.
  156  120.536(1) and 120.54 to implement the provisions of this
  157  chapter and to implement each of the duties and responsibilities
  158  conferred upon the commission, including, but not limited to:
  159         (a) Development of an ethical code of conduct for
  160  commissioners, commission staff, and commission officials.
  161         (b) Facility and safety requirements relating to the ring,
  162  floor plan and apron seating, emergency medical equipment and
  163  services, and other equipment and services necessary for the
  164  conduct of a program of matches.
  165         (c) Requirements regarding a participant’s apparel,
  166  bandages, handwraps, gloves, mouthpiece, and appearance during a
  167  match.
  168         (d) Requirements relating to a manager’s participation,
  169  presence, and conduct during a match.
  170         (e) Duties and responsibilities of all licensees under this
  171  chapter.
  172         (f) Procedures for hearings and resolution of disputes.
  173         (g) Qualifications for appointment of referees and judges.
  174         (h) Qualifications for and appointment of chief inspectors
  175  and inspectors and duties and responsibilities of chief
  176  inspectors and inspectors with respect to oversight and
  177  coordination of activities for each program of matches regulated
  178  under this chapter.
  179         (i) Designation and duties of a knockdown timekeeper.
  180         (j) Setting fee and reimbursement schedules for referees
  181  and other officials appointed by the commission or the
  182  representative of the commission.
  183         (k) Establishment of criteria for approval, disapproval,
  184  suspension of approval, and revocation of approval of amateur
  185  sanctioning organizations for amateur boxing, kickboxing, and
  186  mixed martial arts held in this state, including, but not
  187  limited to, the health and safety standards the organizations
  188  use before, during, and after the matches to ensure the health,
  189  safety, and well-being of the amateurs participating in the
  190  matches, including the qualifications and numbers of health care
  191  personnel required to be present, the qualifications required
  192  for referees, and other requirements relating to the health,
  193  safety, and well-being of the amateurs participating in the
  194  matches. The commission may adopt by rule, or incorporate by
  195  reference into rule, the health and safety standards of USA
  196  Boxing as the minimum health and safety standards for an amateur
  197  boxing sanctioning organization, the health and safety standards
  198  of the International Sport Kickboxing Association as the minimum
  199  health and safety standards for an amateur kickboxing
  200  sanctioning organization, and the minimum health and safety
  201  standards for an amateur mixed martial arts sanctioning
  202  organization. The commission shall review its rules for
  203  necessary revision at least every 2 years and may adopt by rule,
  204  or incorporate by reference into rule, the then-existing current
  205  health and safety standards of USA Boxing and the International
  206  Sport Kickboxing Association. The commission may adopt emergency
  207  rules to administer this paragraph.
  208         (3) The commission shall maintain an office in Tallahassee.
  209  At the first meeting of the commission after June 1 of each
  210  year, the commission shall select a chair and a vice chair from
  211  among its membership. Three members shall constitute a quorum
  212  and the concurrence of at least three members is necessary for
  213  official commission action.
  214         (4) Three consecutive unexcused absences or absences
  215  constituting 50 percent or more of the commission’s meetings
  216  within any 12-month period shall cause the commission membership
  217  of the member in question to become void, and the position shall
  218  be considered vacant. The commission shall, by rule, define
  219  unexcused absences.
  220         (5) Each commission member shall be accountable to the
  221  Governor for the proper performance of duties as a member of the
  222  commission. The Governor shall cause to be investigated any
  223  complaint or unfavorable report received by the Governor or the
  224  department concerning an action of the commission or any member
  225  and shall take appropriate action thereon. The Governor may
  226  remove from office any member for malfeasance, unethical
  227  conduct, misfeasance, neglect of duty, incompetence, permanent
  228  inability to perform official duties, or pleading guilty or nolo
  229  contendere to or being found guilty of a felony.
  230         (6) Each member of the commission shall be compensated at
  231  the rate of $50 for each day she or he attends a commission
  232  meeting and shall be reimbursed for other expenses as provided
  233  in s. 112.061.
  234         (7) The commission shall be authorized to join and
  235  participate in the activities of the Association of Boxing
  236  Commissions (ABC).
  237         (8) The department shall provide all legal and
  238  investigative services necessary to implement this chapter. The
  239  department may adopt rules as provided in ss. 120.536(1) and
  240  120.54 to carry out its duties under this chapter.
  241         Section 6. Subsection (3) of section 548.043, Florida
  242  Statutes, is amended to read:
  243         548.043 Weights and classes, limitations; gloves.—
  244         (3) The commission shall establish by rule the need for
  245  gloves, if any, and the weight of any such gloves to be used in
  246  each pugilistic match the appropriate weight of gloves to be
  247  used in each boxing match; however, all participants in boxing
  248  matches shall wear gloves weighing not less than 8 ounces each
  249  and participants in mixed martial arts matches shall wear gloves
  250  weighing 4 to 8 ounces each. Participants shall wear such
  251  protective devices as the commission deems necessary.
  252         Section 7. Subsection (20) of section 561.01, Florida
  253  Statutes, is amended to read:
  254         561.01 Definitions.—As used in the Beverage Law:
  255         (20) “Permit carrier” means a licensee authorized to make
  256  deliveries as provided in s. 561.57.
  257         Section 8. Subsections (1) and (2) of section 561.17,
  258  Florida Statutes, are amended, and subsection (5) is added to
  259  that section, to read:
  260         561.17 License and registration applications; approved
  261  person.—
  262         (1) Any person, before engaging in the business of
  263  manufacturing, bottling, distributing, selling, or in any way
  264  dealing in alcoholic beverages, shall file, with the district
  265  licensing personnel of the district of the division in which the
  266  place of business for which a license is sought is located, a
  267  sworn application in the format prescribed by the division. The
  268  applicant must be a legal or business entity, person, or persons
  269  and must include all persons, officers, shareholders, and
  270  directors of such legal or business entity that have a direct or
  271  indirect interest in the business seeking to be licensed under
  272  this part. However, the applicant does not include any person
  273  that derives revenue from the license solely through a
  274  contractual relationship with the licensee, the substance of
  275  which contractual relationship is not related to the control of
  276  the sale of alcoholic beverages. Before any application is
  277  approved, the division may require the applicant to file a set
  278  of fingerprints electronically through an approved electronic
  279  fingerprinting vendor or on regular United States Department of
  280  Justice forms prescribed by the Florida Department of Law
  281  Enforcement for herself or himself and for any person or persons
  282  interested directly or indirectly with the applicant in the
  283  business for which the license is being sought, when required by
  284  the division. If the applicant or any person who is interested
  285  with the applicant either directly or indirectly in the business
  286  or who has a security interest in the license being sought or
  287  has a right to a percentage payment from the proceeds of the
  288  business, either by lease or otherwise, is not qualified, the
  289  division shall deny the application. However, any company
  290  regularly traded on a national securities exchange and not over
  291  the counter; any insurer, as defined in the Florida Insurance
  292  Code; or any bank or savings and loan association chartered by
  293  this state, another state, or the United States which has an
  294  interest, directly or indirectly, in an alcoholic beverage
  295  license is not required to obtain the division’s approval of its
  296  officers, directors, or stockholders or any change of such
  297  positions or interests. A shopping center with five or more
  298  stores, one or more of which has an alcoholic beverage license
  299  and is required under a lease common to all shopping center
  300  tenants to pay no more than 10 percent of the gross proceeds of
  301  the business holding the license to the shopping center, is not
  302  considered as having an interest, directly or indirectly, in the
  303  license. A performing arts center, as defined in s. 561.01,
  304  which has an interest, directly or indirectly, in an alcoholic
  305  beverage license is not required to obtain division approval of
  306  its volunteer officers or directors or of any change in such
  307  positions or interests.
  308         (2) All applications for any alcoholic beverage license
  309  must be accompanied by proof of the applicant’s right of
  310  occupancy for the entire premises sought to be licensed. All
  311  applications for alcoholic beverage licenses for consumption on
  312  the premises shall be accompanied by a certificate of the
  313  Division of Hotels and Restaurants of the Department of Business
  314  and Professional Regulation, the Department of Agriculture and
  315  Consumer Services, the Department of Health, the Agency for
  316  Health Care Administration, or the county health department that
  317  the place of business wherein the business is to be conducted
  318  meets all of the sanitary requirements of the state.
  319         (5)Any person or entity licensed or permitted by the
  320  division must provide an electronic mail address to the division
  321  to function as the primary contact for all communication by the
  322  division to the licensee or permittees. Licensees and permittees
  323  are responsible for maintaining accurate contact information on
  324  file with the division.
  325         Section 9. Paragraph (a) of subsection (2) of section
  326  561.20, Florida Statutes, is amended to read:
  327         561.20 Limitation upon number of licenses issued.—
  328         (2)(a) The limitation of the number of licenses as provided
  329  in this section does not prohibit the issuance of a special
  330  license to:
  331         1. Any bona fide hotel, motel, or motor court of not fewer
  332  than 80 guest rooms in any county having a population of less
  333  than 50,000 residents, and of not fewer than 100 guest rooms in
  334  any county having a population of 50,000 residents or greater;
  335  or any bona fide hotel or motel located in a historic structure,
  336  as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
  337  guest rooms which derives at least 51 percent of its gross
  338  revenue from the rental of hotel or motel rooms, which is
  339  licensed as a public lodging establishment by the Division of
  340  Hotels and Restaurants; provided, however, that a bona fide
  341  hotel or motel with no fewer than 10 and no more than 25 guest
  342  rooms which is a historic structure, as defined in s. 561.01(20)
  343  s. 561.01(21), in a municipality that on the effective date of
  344  this act has a population, according to the University of
  345  Florida’s Bureau of Economic and Business Research Estimates of
  346  Population for 1998, of no fewer than 25,000 and no more than
  347  35,000 residents and that is within a constitutionally chartered
  348  county may be issued a special license. This special license
  349  shall allow the sale and consumption of alcoholic beverages only
  350  on the licensed premises of the hotel or motel. In addition, the
  351  hotel or motel must derive at least 60 percent of its gross
  352  revenue from the rental of hotel or motel rooms and the sale of
  353  food and nonalcoholic beverages; provided that this subparagraph
  354  shall supersede local laws requiring a greater number of hotel
  355  rooms;
  356         2. Any condominium accommodation of which no fewer than 100
  357  condominium units are wholly rentable to transients and which is
  358  licensed under chapter 509, except that the license shall be
  359  issued only to the person or corporation that operates the hotel
  360  or motel operation and not to the association of condominium
  361  owners;
  362         3. Any condominium accommodation of which no fewer than 50
  363  condominium units are wholly rentable to transients, which is
  364  licensed under chapter 509, and which is located in any county
  365  having home rule under s. 10 or s. 11, Art. VIII of the State
  366  Constitution of 1885, as amended, and incorporated by reference
  367  in s. 6(e), Art. VIII of the State Constitution, except that the
  368  license shall be issued only to the person or corporation that
  369  operates the hotel or motel operation and not to the association
  370  of condominium owners;
  371         4. A food service establishment that has 2,500 square feet
  372  of service area, is equipped to serve meals to 150 persons at
  373  one time, and derives at least 51 percent of its gross food and
  374  beverage revenue from the sale of food and nonalcoholic
  375  beverages during the first 120-day 60-day operating period and
  376  the first each 12-month operating period thereafter. Subsequent
  377  audit timeframes must be based upon the audit percentage
  378  established by the most recent audit and conducted on a
  379  staggered scale as follows: level 1, 51 percent to 60 percent,
  380  every year; level 2, 61 percent to 75 percent, every 2 years;
  381  level 3, 76 percent to 90 percent, every 3 years; and level 4,
  382  91 percent to 100 percent, every 4 years. A food service
  383  establishment granted a special license on or after January 1,
  384  1958, pursuant to general or special law may not operate as a
  385  package store and may not sell intoxicating beverages under such
  386  license after the hours of serving or consumption of food have
  387  elapsed. Failure by a licensee to meet the required percentage
  388  of food and nonalcoholic beverage gross revenues during the
  389  covered operating period shall result in revocation of the
  390  license or denial of the pending license application. A licensee
  391  whose license is revoked or an applicant whose pending
  392  application is denied, or any person required to qualify on the
  393  special license application, is ineligible to have any interest
  394  in a subsequent application for such a license for a period of
  395  120 days after the date of the final denial or revocation;
  396         5. Any caterer, deriving at least 51 percent of its gross
  397  food and beverage revenue from the sale of food and nonalcoholic
  398  beverages at each catered event, licensed by the Division of
  399  Hotels and Restaurants under chapter 509. This subparagraph does
  400  not apply to a culinary education program, as defined in s.
  401  381.0072(2), which is licensed as a public food service
  402  establishment by the Division of Hotels and Restaurants and
  403  provides catering services. Notwithstanding any law to the
  404  contrary, a licensee under this subparagraph shall sell or serve
  405  alcoholic beverages only for consumption on the premises of a
  406  catered event at which the licensee is also providing prepared
  407  food, and shall prominently display its license at any catered
  408  event at which the caterer is selling or serving alcoholic
  409  beverages. A licensee under this subparagraph shall purchase all
  410  alcoholic beverages it sells or serves at a catered event from a
  411  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  412  under s. 565.02(1) subject to the limitation imposed in
  413  subsection (1), as appropriate. A licensee under this
  414  subparagraph may not store any alcoholic beverages to be sold or
  415  served at a catered event. Any alcoholic beverages purchased by
  416  a licensee under this subparagraph for a catered event that are
  417  not used at that event must remain with the customer; provided
  418  that if the vendor accepts unopened alcoholic beverages, the
  419  licensee may return such alcoholic beverages to the vendor for a
  420  credit or reimbursement. Regardless of the county or counties in
  421  which the licensee operates, a licensee under this subparagraph
  422  shall pay the annual state license tax set forth in s.
  423  565.02(1)(b). A licensee under this subparagraph must maintain
  424  for a period of 3 years all records and receipts for each
  425  catered event, including all contracts, customers’ names, event
  426  locations, event dates, food purchases and sales, alcoholic
  427  beverage purchases and sales, nonalcoholic beverage purchases
  428  and sales, and any other records required by the department by
  429  rule to demonstrate compliance with the requirements of this
  430  subparagraph. Notwithstanding any law to the contrary, any
  431  vendor licensed under s. 565.02(1) subject to the limitation
  432  imposed in subsection (1), may, without any additional licensure
  433  under this subparagraph, serve or sell alcoholic beverages for
  434  consumption on the premises of a catered event at which prepared
  435  food is provided by a caterer licensed under chapter 509. If a
  436  licensee under this subparagraph also possesses any other
  437  license under the Beverage Law, the license issued under this
  438  subparagraph shall not authorize the holder to conduct
  439  activities on the premises to which the other license or
  440  licenses apply that would otherwise be prohibited by the terms
  441  of that license or the Beverage Law. Nothing in this section
  442  shall permit the licensee to conduct activities that are
  443  otherwise prohibited by the Beverage Law or local law. The
  444  Division of Alcoholic Beverages and Tobacco is hereby authorized
  445  to adopt rules to administer the license created in this
  446  subparagraph, to include rules governing licensure,
  447  recordkeeping, and enforcement. The first $300,000 in fees
  448  collected by the division each fiscal year pursuant to this
  449  subparagraph shall be deposited in the Department of Children
  450  and Families’ Operations and Maintenance Trust Fund to be used
  451  only for alcohol and drug abuse education, treatment, and
  452  prevention programs. The remainder of the fees collected shall
  453  be deposited into the Hotel and Restaurant Trust Fund created
  454  pursuant to s. 509.072; or
  455         6. A culinary education program as defined in s.
  456  381.0072(2) which is licensed as a public food service
  457  establishment by the Division of Hotels and Restaurants.
  458         a. This special license shall allow the sale and
  459  consumption of alcoholic beverages on the licensed premises of
  460  the culinary education program. The culinary education program
  461  shall specify designated areas in the facility where the
  462  alcoholic beverages may be consumed at the time of application.
  463  Alcoholic beverages sold for consumption on the premises may be
  464  consumed only in areas designated pursuant to s. 561.01(11) and
  465  may not be removed from the designated area. Such license shall
  466  be applicable only in and for designated areas used by the
  467  culinary education program.
  468         b. If the culinary education program provides catering
  469  services, this special license shall also allow the sale and
  470  consumption of alcoholic beverages on the premises of a catered
  471  event at which the licensee is also providing prepared food. A
  472  culinary education program that provides catering services is
  473  not required to derive at least 51 percent of its gross revenue
  474  from the sale of food and nonalcoholic beverages.
  475  Notwithstanding any law to the contrary, a licensee that
  476  provides catering services under this sub-subparagraph shall
  477  prominently display its beverage license at any catered event at
  478  which the caterer is selling or serving alcoholic beverages.
  479  Regardless of the county or counties in which the licensee
  480  operates, a licensee under this sub-subparagraph shall pay the
  481  annual state license tax set forth in s. 565.02(1)(b). A
  482  licensee under this sub-subparagraph must maintain for a period
  483  of 3 years all records required by the department by rule to
  484  demonstrate compliance with the requirements of this sub
  485  subparagraph.
  486         c. If a licensee under this subparagraph also possesses any
  487  other license under the Beverage Law, the license issued under
  488  this subparagraph does not authorize the holder to conduct
  489  activities on the premises to which the other license or
  490  licenses apply that would otherwise be prohibited by the terms
  491  of that license or the Beverage Law. Nothing in this
  492  subparagraph shall permit the licensee to conduct activities
  493  that are otherwise prohibited by the Beverage Law or local law.
  494  Any culinary education program that holds a license to sell
  495  alcoholic beverages shall comply with the age requirements set
  496  forth in ss. 562.11(4), 562.111(2), and 562.13.
  497         d. The Division of Alcoholic Beverages and Tobacco may
  498  adopt rules to administer the license created in this
  499  subparagraph, to include rules governing licensure,
  500  recordkeeping, and enforcement.
  501         e. A license issued pursuant to this subparagraph does not
  502  permit the licensee to sell alcoholic beverages by the package
  503  for off-premises consumption.
  504  
  505  However, any license heretofore issued to any such hotel, motel,
  506  motor court, or restaurant or hereafter issued to any such
  507  hotel, motel, or motor court, including a condominium
  508  accommodation, under the general law shall not be moved to a new
  509  location, such license being valid only on the premises of such
  510  hotel, motel, motor court, or restaurant. Licenses issued to
  511  hotels, motels, motor courts, or restaurants under the general
  512  law and held by such hotels, motels, motor courts, or
  513  restaurants on May 24, 1947, shall be counted in the quota
  514  limitation contained in subsection (1). Any license issued for
  515  any hotel, motel, or motor court under this law shall be issued
  516  only to the owner of the hotel, motel, or motor court or, in the
  517  event the hotel, motel, or motor court is leased, to the lessee
  518  of the hotel, motel, or motor court; and the license shall
  519  remain in the name of the owner or lessee so long as the license
  520  is in existence. Any special license now in existence heretofore
  521  issued under this law cannot be renewed except in the name of
  522  the owner of the hotel, motel, motor court, or restaurant or, in
  523  the event the hotel, motel, motor court, or restaurant is
  524  leased, in the name of the lessee of the hotel, motel, motor
  525  court, or restaurant in which the license is located and must
  526  remain in the name of the owner or lessee so long as the license
  527  is in existence. Any license issued under this section shall be
  528  marked “Special,” and nothing herein provided shall limit,
  529  restrict, or prevent the issuance of a special license for any
  530  restaurant or motel which shall hereafter meet the requirements
  531  of the law existing immediately prior to the effective date of
  532  this act, if construction of such restaurant has commenced prior
  533  to the effective date of this act and is completed within 30
  534  days thereafter, or if an application is on file for such
  535  special license at the time this act takes effect; and any such
  536  licenses issued under this proviso may be annually renewed as
  537  now provided by law. Nothing herein prevents an application for
  538  transfer of a license to a bona fide purchaser of any hotel,
  539  motel, motor court, or restaurant by the purchaser of such
  540  facility or the transfer of such license pursuant to law.
  541         Section 10. Subsection (4) of section 561.42, Florida
  542  Statutes, is amended to read:
  543         561.42 Tied house evil; financial aid and assistance to
  544  vendor by manufacturer, distributor, importer, primary American
  545  source of supply, brand owner or registrant, or any broker,
  546  sales agent, or sales person thereof, prohibited; procedure for
  547  enforcement; exception.—
  548         (4) Before the division shall so declare and prohibit such
  549  sales to such vendor, it shall, within 2 days after receipt of
  550  such notice, the division shall give written notice to such
  551  vendor by electronic mail of the receipt by the division of such
  552  notification of delinquency and such vendor shall be directed to
  553  forthwith make payment thereof or, upon failure to do so, to
  554  show cause before the division why further sales to such vendor
  555  shall not be prohibited. Good and sufficient cause to prevent
  556  such action by the division may be made by showing payment,
  557  failure of consideration, or any other defense which would be
  558  considered sufficient in a common-law action. The vendor shall
  559  have 5 days after service receipt of such notice via electronic
  560  mail within which to show such cause, and he or she may demand a
  561  hearing thereon, provided he or she does so in writing within
  562  said 5 days, such written demand to be delivered to the division
  563  either in person, by electronic mail, or by due course of mail
  564  within such 5 days. If no such demand for hearing is made, the
  565  division shall thereupon declare in writing to such vendor and
  566  to all manufacturers and distributors within the state that all
  567  further sales to such vendor are prohibited until such time as
  568  the division certifies in writing that such vendor has fully
  569  paid for all liquors previously purchased. In the event such
  570  prohibition of sales and declaration thereof to the vendor,
  571  manufacturers, and distributors is ordered by the division, the
  572  vendor may seek review of such decision by the Department of
  573  Business and Professional Regulation within 5 days. In the event
  574  application for such review is filed within such time, such
  575  prohibition of sales shall not be made, published, or declared
  576  until final disposition of such review by the department.
  577         Section 11. Subsection (2) of section 561.55, Florida
  578  Statutes, is amended to read:
  579         561.55 Manufacturers’, distributors’, brokers’, sales
  580  agents’, importers’, vendors’, and exporters’ records and
  581  reports.—
  582         (2) Each manufacturer, distributor, broker, sales agent,
  583  and importer shall make a full and complete report by the 10th
  584  day of each month for the previous calendar month. The report
  585  must be shall be made out in triplicate; two copies shall be
  586  sent to the division, and the third copy shall be retained for
  587  the manufacturer’s, distributor’s, broker’s, sales agent’s, or
  588  importer’s record. Reports shall be made on forms prepared and
  589  furnished by the division and filed with the division through
  590  the division’s electronic data submission system.
  591         Section 12. Paragraphs (d) and (f) of subsection (2) of
  592  section 718.112, Florida Statutes, are amended to read:
  593         718.112 Bylaws.—
  594         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  595  following and, if they do not do so, shall be deemed to include
  596  the following:
  597         (d) Unit owner meetings.—
  598         1. An annual meeting of the unit owners must be held at the
  599  location provided in the association bylaws and, if the bylaws
  600  are silent as to the location, the meeting must be held within
  601  45 miles of the condominium property. However, such distance
  602  requirement does not apply to an association governing a
  603  timeshare condominium.
  604         2. Unless the bylaws provide otherwise, a vacancy on the
  605  board caused by the expiration of a director’s term must be
  606  filled by electing a new board member, and the election must be
  607  by secret ballot. An election is not required if the number of
  608  vacancies equals or exceeds the number of candidates. For
  609  purposes of this paragraph, the term “candidate” means an
  610  eligible person who has timely submitted the written notice, as
  611  described in sub-subparagraph 4.a., of his or her intention to
  612  become a candidate. Except in a timeshare or nonresidential
  613  condominium, or if the staggered term of a board member does not
  614  expire until a later annual meeting, or if all members’ terms
  615  would otherwise expire but there are no candidates, the terms of
  616  all board members expire at the annual meeting, and such members
  617  may stand for reelection unless prohibited by the bylaws. Board
  618  members may serve terms longer than 1 year if permitted by the
  619  bylaws or articles of incorporation. A board member may not
  620  serve more than 8 consecutive years unless approved by an
  621  affirmative vote of unit owners representing two-thirds of all
  622  votes cast in the election or unless there are not enough
  623  eligible candidates to fill the vacancies on the board at the
  624  time of the vacancy. If the number of board members whose terms
  625  expire at the annual meeting equals or exceeds the number of
  626  candidates, the candidates become members of the board effective
  627  upon the adjournment of the annual meeting. Unless the bylaws
  628  provide otherwise, any remaining vacancies shall be filled by
  629  the affirmative vote of the majority of the directors making up
  630  the newly constituted board even if the directors constitute
  631  less than a quorum or there is only one director. In a
  632  residential condominium association of more than 10 units or in
  633  a residential condominium association that does not include
  634  timeshare units or timeshare interests, co-owners of a unit may
  635  not serve as members of the board of directors at the same time
  636  unless they own more than one unit or unless there are not
  637  enough eligible candidates to fill the vacancies on the board at
  638  the time of the vacancy. A unit owner in a residential
  639  condominium desiring to be a candidate for board membership must
  640  comply with sub-subparagraph 4.a. and must be eligible to be a
  641  candidate to serve on the board of directors at the time of the
  642  deadline for submitting a notice of intent to run in order to
  643  have his or her name listed as a proper candidate on the ballot
  644  or to serve on the board. A person who has been suspended or
  645  removed by the division under this chapter, or who is delinquent
  646  in the payment of any assessment monetary obligation due to the
  647  association, is not eligible to be a candidate for board
  648  membership and may not be listed on the ballot. A person is
  649  delinquent if a payment is not made by the due date as
  650  specifically identified in the declaration of condominium,
  651  bylaws, or articles of incorporation. If a due date is not
  652  specifically identified in the declaration of condominium,
  653  bylaws, or articles of incorporation, the due date is the first
  654  day of the monthly or quarterly assessment period. A person who
  655  has been convicted of any felony in this state or in a United
  656  States District or Territorial Court, or who has been convicted
  657  of any offense in another jurisdiction which would be considered
  658  a felony if committed in this state, is not eligible for board
  659  membership unless such felon’s civil rights have been restored
  660  for at least 5 years as of the date such person seeks election
  661  to the board. The validity of an action by the board is not
  662  affected if it is later determined that a board member is
  663  ineligible for board membership due to having been convicted of
  664  a felony. This subparagraph does not limit the term of a member
  665  of the board of a nonresidential or timeshare condominium.
  666         3. The bylaws must provide the method of calling meetings
  667  of unit owners, including annual meetings. Written notice must
  668  include an agenda, must be mailed, hand delivered, or
  669  electronically transmitted to each unit owner at least 14 days
  670  before the annual meeting, and must be posted in a conspicuous
  671  place on the condominium property at least 14 continuous days
  672  before the annual meeting. Upon notice to the unit owners, the
  673  board shall, by duly adopted rule, designate a specific location
  674  on the condominium property where all notices of unit owner
  675  meetings must be posted. This requirement does not apply if
  676  there is no condominium property for posting notices. In lieu
  677  of, or in addition to, the physical posting of meeting notices,
  678  the association may, by reasonable rule, adopt a procedure for
  679  conspicuously posting and repeatedly broadcasting the notice and
  680  the agenda on a closed-circuit cable television system serving
  681  the condominium association. However, if broadcast notice is
  682  used in lieu of a notice posted physically on the condominium
  683  property, the notice and agenda must be broadcast at least four
  684  times every broadcast hour of each day that a posted notice is
  685  otherwise required under this section. If broadcast notice is
  686  provided, the notice and agenda must be broadcast in a manner
  687  and for a sufficient continuous length of time so as to allow an
  688  average reader to observe the notice and read and comprehend the
  689  entire content of the notice and the agenda. In addition to any
  690  of the authorized means of providing notice of a meeting of the
  691  board, the association may, by rule, adopt a procedure for
  692  conspicuously posting the meeting notice and the agenda on a
  693  website serving the condominium association for at least the
  694  minimum period of time for which a notice of a meeting is also
  695  required to be physically posted on the condominium property.
  696  Any rule adopted shall, in addition to other matters, include a
  697  requirement that the association send an electronic notice in
  698  the same manner as a notice for a meeting of the members, which
  699  must include a hyperlink to the website where the notice is
  700  posted, to unit owners whose e-mail addresses are included in
  701  the association’s official records. Unless a unit owner waives
  702  in writing the right to receive notice of the annual meeting,
  703  such notice must be hand delivered, mailed, or electronically
  704  transmitted to each unit owner. Notice for meetings and notice
  705  for all other purposes must be mailed to each unit owner at the
  706  address last furnished to the association by the unit owner, or
  707  hand delivered to each unit owner. However, if a unit is owned
  708  by more than one person, the association must provide notice to
  709  the address that the developer identifies for that purpose and
  710  thereafter as one or more of the owners of the unit advise the
  711  association in writing, or if no address is given or the owners
  712  of the unit do not agree, to the address provided on the deed of
  713  record. An officer of the association, or the manager or other
  714  person providing notice of the association meeting, must provide
  715  an affidavit or United States Postal Service certificate of
  716  mailing, to be included in the official records of the
  717  association affirming that the notice was mailed or hand
  718  delivered in accordance with this provision.
  719         4. The members of the board of a residential condominium
  720  shall be elected by written ballot or voting machine. Proxies
  721  may not be used in electing the board in general elections or
  722  elections to fill vacancies caused by recall, resignation, or
  723  otherwise, unless otherwise provided in this chapter. This
  724  subparagraph does not apply to an association governing a
  725  timeshare condominium.
  726         a. At least 60 days before a scheduled election, the
  727  association shall mail, deliver, or electronically transmit, by
  728  separate association mailing or included in another association
  729  mailing, delivery, or transmission, including regularly
  730  published newsletters, to each unit owner entitled to a vote, a
  731  first notice of the date of the election. A unit owner or other
  732  eligible person desiring to be a candidate for the board must
  733  give written notice of his or her intent to be a candidate to
  734  the association at least 40 days before a scheduled election.
  735  Together with the written notice and agenda as set forth in
  736  subparagraph 3., the association shall mail, deliver, or
  737  electronically transmit a second notice of the election to all
  738  unit owners entitled to vote, together with a ballot that lists
  739  all candidates. Upon request of a candidate, an information
  740  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  741  furnished by the candidate at least 35 days before the election,
  742  must be included with the mailing, delivery, or transmission of
  743  the ballot, with the costs of mailing, delivery, or electronic
  744  transmission and copying to be borne by the association. The
  745  association is not liable for the contents of the information
  746  sheets prepared by the candidates. In order to reduce costs, the
  747  association may print or duplicate the information sheets on
  748  both sides of the paper. The division shall by rule establish
  749  voting procedures consistent with this sub-subparagraph,
  750  including rules establishing procedures for giving notice by
  751  electronic transmission and rules providing for the secrecy of
  752  ballots. Elections shall be decided by a plurality of ballots
  753  cast. There is no quorum requirement; however, at least 20
  754  percent of the eligible voters must cast a ballot in order to
  755  have a valid election. A unit owner may not authorize any other
  756  person to vote his or her ballot, and any ballots improperly
  757  cast are invalid. A unit owner who violates this provision may
  758  be fined by the association in accordance with s. 718.303. A
  759  unit owner who needs assistance in casting the ballot for the
  760  reasons stated in s. 101.051 may obtain such assistance. The
  761  regular election must occur on the date of the annual meeting.
  762  Notwithstanding this sub-subparagraph, an election is not
  763  required unless more candidates file notices of intent to run or
  764  are nominated than board vacancies exist.
  765         b. Within 90 days after being elected or appointed to the
  766  board of an association of a residential condominium, each newly
  767  elected or appointed director shall certify in writing to the
  768  secretary of the association that he or she has read the
  769  association’s declaration of condominium, articles of
  770  incorporation, bylaws, and current written policies; that he or
  771  she will work to uphold such documents and policies to the best
  772  of his or her ability; and that he or she will faithfully
  773  discharge his or her fiduciary responsibility to the
  774  association’s members. In lieu of this written certification,
  775  within 90 days after being elected or appointed to the board,
  776  the newly elected or appointed director may submit a certificate
  777  of having satisfactorily completed the educational curriculum
  778  administered by a division-approved condominium education
  779  provider within 1 year before or 90 days after the date of
  780  election or appointment. The written certification or
  781  educational certificate is valid and does not have to be
  782  resubmitted as long as the director serves on the board without
  783  interruption. A director of an association of a residential
  784  condominium who fails to timely file the written certification
  785  or educational certificate is suspended from service on the
  786  board until he or she complies with this sub-subparagraph. The
  787  board may temporarily fill the vacancy during the period of
  788  suspension. The secretary shall cause the association to retain
  789  a director’s written certification or educational certificate
  790  for inspection by the members for 5 years after a director’s
  791  election or the duration of the director’s uninterrupted tenure,
  792  whichever is longer. Failure to have such written certification
  793  or educational certificate on file does not affect the validity
  794  of any board action.
  795         c. Any challenge to the election process must be commenced
  796  within 60 days after the election results are announced.
  797         5. Any approval by unit owners called for by this chapter
  798  or the applicable declaration or bylaws, including, but not
  799  limited to, the approval requirement in s. 718.111(8), must be
  800  made at a duly noticed meeting of unit owners and is subject to
  801  all requirements of this chapter or the applicable condominium
  802  documents relating to unit owner decisionmaking, except that
  803  unit owners may take action by written agreement, without
  804  meetings, on matters for which action by written agreement
  805  without meetings is expressly allowed by the applicable bylaws
  806  or declaration or any law that provides for such action.
  807         6. Unit owners may waive notice of specific meetings if
  808  allowed by the applicable bylaws or declaration or any law.
  809  Notice of meetings of the board of administration, unit owner
  810  meetings, except unit owner meetings called to recall board
  811  members under paragraph (j), and committee meetings may be given
  812  by electronic transmission to unit owners who consent to receive
  813  notice by electronic transmission. A unit owner who consents to
  814  receiving notices by electronic transmission is solely
  815  responsible for removing or bypassing filters that block receipt
  816  of mass emails sent to members on behalf of the association in
  817  the course of giving electronic notices.
  818         7. Unit owners have the right to participate in meetings of
  819  unit owners with reference to all designated agenda items.
  820  However, the association may adopt reasonable rules governing
  821  the frequency, duration, and manner of unit owner participation.
  822         8. A unit owner may tape record or videotape a meeting of
  823  the unit owners subject to reasonable rules adopted by the
  824  division.
  825         9. Unless otherwise provided in the bylaws, any vacancy
  826  occurring on the board before the expiration of a term may be
  827  filled by the affirmative vote of the majority of the remaining
  828  directors, even if the remaining directors constitute less than
  829  a quorum, or by the sole remaining director. In the alternative,
  830  a board may hold an election to fill the vacancy, in which case
  831  the election procedures must conform to sub-subparagraph 4.a.
  832  unless the association governs 10 units or fewer and has opted
  833  out of the statutory election process, in which case the bylaws
  834  of the association control. Unless otherwise provided in the
  835  bylaws, a board member appointed or elected under this section
  836  shall fill the vacancy for the unexpired term of the seat being
  837  filled. Filling vacancies created by recall is governed by
  838  paragraph (j) and rules adopted by the division.
  839         10. This chapter does not limit the use of general or
  840  limited proxies, require the use of general or limited proxies,
  841  or require the use of a written ballot or voting machine for any
  842  agenda item or election at any meeting of a timeshare
  843  condominium association or nonresidential condominium
  844  association.
  845  
  846  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  847  association of 10 or fewer units may, by affirmative vote of a
  848  majority of the total voting interests, provide for different
  849  voting and election procedures in its bylaws, which may be by a
  850  proxy specifically delineating the different voting and election
  851  procedures. The different voting and election procedures may
  852  provide for elections to be conducted by limited or general
  853  proxy.
  854         (f) Annual budget.—
  855         1. The proposed annual budget of estimated revenues and
  856  expenses must be detailed and must show the amounts budgeted by
  857  accounts and expense classifications, including, at a minimum,
  858  any applicable expenses listed in s. 718.504(21). The annual
  859  budget must be proposed to unit owners and adopted by the board
  860  of directors no later than 30 days before the beginning of the
  861  fiscal year. A multicondominium association shall adopt a
  862  separate budget of common expenses for each condominium the
  863  association operates and shall adopt a separate budget of common
  864  expenses for the association. In addition, if the association
  865  maintains limited common elements with the cost to be shared
  866  only by those entitled to use the limited common elements as
  867  provided for in s. 718.113(1), the budget or a schedule attached
  868  to it must show the amount budgeted for this maintenance. If,
  869  after turnover of control of the association to the unit owners,
  870  any of the expenses listed in s. 718.504(21) are not applicable,
  871  they need not be listed.
  872         2.a. In addition to annual operating expenses, the budget
  873  must include reserve accounts for capital expenditures and
  874  deferred maintenance. These accounts must include, but are not
  875  limited to, roof replacement, building painting, and pavement
  876  resurfacing, regardless of the amount of deferred maintenance
  877  expense or replacement cost, and any other item that has a
  878  deferred maintenance expense or replacement cost that exceeds
  879  $10,000. The amount to be reserved must be computed using a
  880  formula based upon estimated remaining useful life and estimated
  881  replacement cost or deferred maintenance expense of each reserve
  882  item. The association may adjust replacement reserve assessments
  883  annually to take into account any changes in estimates or
  884  extension of the useful life of a reserve item caused by
  885  deferred maintenance. This subsection does not apply to an
  886  adopted budget in which the members of an association have
  887  determined, by a majority vote at a duly called meeting of the
  888  association, to provide no reserves or less reserves than
  889  required by this subsection.
  890         b. Before turnover of control of an association by a
  891  developer to unit owners other than a developer pursuant to s.
  892  718.301, the developer may vote the voting interests allocated
  893  to its units to waive the reserves or reduce the funding of
  894  reserves through the period expiring at the end of the second
  895  fiscal year after the fiscal year in which the certificate of a
  896  surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
  897  an instrument that transfers title to a unit in the condominium
  898  which is not accompanied by a recorded assignment of developer
  899  rights in favor of the grantee of such unit is recorded,
  900  whichever occurs first, after which time reserves may be waived
  901  or reduced only upon the vote of a majority of all nondeveloper
  902  voting interests voting in person or by limited proxy at a duly
  903  called meeting of the association. If a meeting of the unit
  904  owners has been called to determine whether to waive or reduce
  905  the funding of reserves and no such result is achieved or a
  906  quorum is not attained, the reserves included in the budget
  907  shall go into effect. After the turnover, the developer may vote
  908  its voting interest to waive or reduce the funding of reserves.
  909         3. Reserve funds and any interest accruing thereon shall
  910  remain in the reserve account or accounts, and may be used only
  911  for authorized reserve expenditures unless their use for other
  912  purposes is approved in advance by a majority vote at a duly
  913  called meeting of the association. Before turnover of control of
  914  an association by a developer to unit owners other than the
  915  developer pursuant to s. 718.301, the developer-controlled
  916  association may not vote to use reserves for purposes other than
  917  those for which they were intended without the approval of a
  918  majority of all nondeveloper voting interests, voting in person
  919  or by limited proxy at a duly called meeting of the association.
  920         4. The only voting interests that are eligible to vote on
  921  questions that involve waiving or reducing the funding of
  922  reserves, or using existing reserve funds for purposes other
  923  than purposes for which the reserves were intended, are the
  924  voting interests of the units subject to assessment to fund the
  925  reserves in question. Proxy questions relating to waiving or
  926  reducing the funding of reserves or using existing reserve funds
  927  for purposes other than purposes for which the reserves were
  928  intended must contain the following statement in capitalized,
  929  bold letters in a font size larger than any other used on the
  930  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  931  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  932  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  933  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  934         Section 13. Paragraph (m) of subsection (1) of section
  935  718.501, Florida Statutes, is amended to read:
  936         718.501 Authority, responsibility, and duties of Division
  937  of Florida Condominiums, Timeshares, and Mobile Homes.—
  938         (1) The division may enforce and ensure compliance with the
  939  provisions of this chapter and rules relating to the
  940  development, construction, sale, lease, ownership, operation,
  941  and management of residential condominium units. In performing
  942  its duties, the division has complete jurisdiction to
  943  investigate complaints and enforce compliance with respect to
  944  associations that are still under developer control or the
  945  control of a bulk assignee or bulk buyer pursuant to part VII of
  946  this chapter and complaints against developers, bulk assignees,
  947  or bulk buyers involving improper turnover or failure to
  948  turnover, pursuant to s. 718.301. However, after turnover has
  949  occurred, the division has jurisdiction to investigate
  950  complaints related only to financial issues, elections, and unit
  951  owner access to association records pursuant to s. 718.111(12).
  952         (m) If a complaint is made, the division must conduct its
  953  inquiry with due regard for the interests of the affected
  954  parties. Within 30 days after receipt of a complaint, the
  955  division shall acknowledge the complaint in writing and notify
  956  the complainant whether the complaint is within the jurisdiction
  957  of the division and whether additional information is needed by
  958  the division from the complainant. The division shall conduct
  959  its investigation and, within 90 days after receipt of the
  960  original complaint or of timely requested additional
  961  information, take action upon the complaint. However, the
  962  failure to complete the investigation within 90 days does not
  963  prevent the division from continuing the investigation,
  964  accepting or considering evidence obtained or received after 90
  965  days, or taking administrative action if reasonable cause exists
  966  to believe that a violation of this chapter or a rule has
  967  occurred. If an investigation is not completed within the time
  968  limits established in this paragraph, the division shall, on a
  969  monthly basis, notify the complainant in writing of the status
  970  of the investigation. When reporting its action to the
  971  complainant, the division shall inform the complainant of any
  972  right to a hearing pursuant to ss. 120.569 and 120.57. The
  973  division may adopt rules regarding the submission of a complaint
  974  against an association.
  975         Section 14. Section 718.5014, Florida Statutes, is amended
  976  to read:
  977         718.5014 Ombudsman location.—The ombudsman shall maintain
  978  his or her principal office at a in Leon County on the premises
  979  of the division or, if suitable space cannot be provided there,
  980  at another place convenient to the offices of the division which
  981  will enable the ombudsman to expeditiously carry out the duties
  982  and functions of his or her office. The ombudsman may establish
  983  branch offices elsewhere in the state upon the concurrence of
  984  the Governor.
  985         Section 15. Subsection (1) of section 455.219, Florida
  986  Statutes, is amended to read:
  987         455.219 Fees; receipts; disposition; periodic management
  988  reports.—
  989         (1) Each board within the department shall determine by
  990  rule the amount of license fees for its profession, based upon
  991  department-prepared long-range estimates of the revenue required
  992  to implement all provisions of law relating to the regulation of
  993  professions by the department and any board; however, when the
  994  department has determined, based on the long-range estimates of
  995  such revenue, that a profession’s trust fund moneys are in
  996  excess of the amount required to cover the necessary functions
  997  of the board, or the department when there is no board, the
  998  department may adopt rules to implement a waiver of license
  999  renewal fees for that profession for a period not to exceed 2
 1000  years, as determined by the department. Each board, or the
 1001  department when there is no board, shall ensure license fees are
 1002  adequate to cover all anticipated costs and to maintain a
 1003  reasonable cash balance, as determined by rule of the
 1004  department, with advice of the applicable board. If sufficient
 1005  action is not taken by a board within 1 year of notification by
 1006  the department that license fees are projected to be inadequate,
 1007  the department shall set license fees on behalf of the
 1008  applicable board to cover anticipated costs and to maintain the
 1009  required cash balance. The department shall include recommended
 1010  fee cap increases in its annual report to the Legislature.
 1011  Further, it is legislative intent that no regulated profession
 1012  operate with a negative cash balance. The department may provide
 1013  by rule for the advancement of sufficient funds to any
 1014  profession or the Florida Athletic State Boxing Commission
 1015  operating with a negative cash balance. Such advancement may be
 1016  for a period not to exceed 2 consecutive years and shall require
 1017  interest to be paid by the regulated profession. Interest shall
 1018  be calculated at the current rate earned on Professional
 1019  Regulation Trust Fund investments. Interest earned shall be
 1020  allocated to the various funds in accordance with the allocation
 1021  of investment earnings during the period of the advance.
 1022         Section 16. Subsection (4) of section 548.002, Florida
 1023  Statutes, is amended to read:
 1024         548.002 Definitions.—As used in this chapter, the term:
 1025         (4) “Commission” means the Florida Athletic State Boxing
 1026  Commission.
 1027         Section 17. Subsections (3) and (4) of section 548.05,
 1028  Florida Statutes, are amended to read:
 1029         548.05 Control of contracts.—
 1030         (3) The commission may require that each contract contain
 1031  language authorizing the Florida State Boxing commission to
 1032  withhold any or all of any manager’s share of a purse in the
 1033  event of a contractual dispute as to entitlement to any portion
 1034  of a purse. The commission may establish rules governing the
 1035  manner of resolution of such dispute. In addition, if the
 1036  commission deems it appropriate, the commission is hereby
 1037  authorized to implead interested parties over any disputed funds
 1038  into the appropriate circuit court for resolution of the dispute
 1039  prior to release of all or any part of the funds.
 1040         (4) Each contract subject to this section shall contain the
 1041  following clause: “This agreement is subject to the provisions
 1042  of chapter 548, Florida Statutes, and to the rules of the
 1043  Florida Athletic State Boxing Commission and to any future
 1044  amendments of either.”
 1045         Section 18. Subsection (12) of section 548.071, Florida
 1046  Statutes, is amended to read:
 1047         548.071 Suspension or revocation of license or permit by
 1048  commission.—The commission may suspend or revoke a license or
 1049  permit if the commission finds that the licensee or permittee:
 1050         (12) Has been disciplined by the Florida State Boxing
 1051  commission or similar agency or body of any jurisdiction.
 1052         Section 19. Section 548.077, Florida Statutes, is amended
 1053  to read:
 1054         548.077 Florida Athletic State Boxing Commission;
 1055  collection and disposition of moneys.—All fees, fines,
 1056  forfeitures, and other moneys collected under the provisions of
 1057  this chapter shall be paid by the commission to the Chief
 1058  Financial Officer who, after the expenses of the commission are
 1059  paid, shall deposit them in the Professional Regulation Trust
 1060  Fund to be used for the administration and operation of the
 1061  commission and to enforce the laws and rules under its
 1062  jurisdiction. In the event the unexpended balance of such moneys
 1063  collected under the provisions of this chapter exceeds $250,000,
 1064  any excess of that amount shall be deposited in the General
 1065  Revenue Fund.
 1066         Section 20. This act shall take effect July 1, 2020.
 1067  
 1068  ================= T I T L E  A M E N D M E N T ================
 1069  And the title is amended as follows:
 1070         Delete everything before the enacting clause
 1071  and insert:
 1072                        A bill to be entitled                      
 1073         An act relating to the Department of Business and
 1074         Professional Regulation; amending s. 210.09, F.S.;
 1075         requiring that certain reports relating to the
 1076         transportation or possession of cigarettes be filed
 1077         with the Division of Alcoholic Beverages and Tobacco
 1078         through the division’s electronic data submission
 1079         system; amending s. 210.55, F.S.; requiring that
 1080         certain entities file reports, rather than returns,
 1081         relating to tobacco products with the division;
 1082         providing requirements for such reports; amending s.
 1083         509.241, F.S.; revising rulemaking requirements
 1084         relating to public lodging and food service licenses;
 1085         amending s. 509.251, F.S.; deleting provisions
 1086         relating to fee schedule requirements; specifying that
 1087         all fees are payable in full upon submission of an
 1088         application for a public lodging establishment license
 1089         or a public food service license; amending s. 548.003,
 1090         F.S.; renaming the Florida State Boxing Commission as
 1091         the Florida Athletic Commission; amending s. 548.043,
 1092         F.S.; revising rulemaking requirements for the
 1093         commission relating to gloves; amending s. 561.01,
 1094         F.S.; deleting the definition of the term “permit
 1095         carrier”; amending s. 561.17, F.S.; revising a
 1096         requirement related to the filing of fingerprints with
 1097         the division; requiring that applications be
 1098         accompanied by certain information relating to right
 1099         of occupancy; providing requirements relating to
 1100         contact information for licensees and permittees;
 1101         amending s. 561.20, F.S.; conforming cross-references;
 1102         revising requirements for issuing special licenses to
 1103         certain food service establishments; amending s.
 1104         561.42, F.S.; requiring the division, and authorizing
 1105         vendors, to use electronic mail to give certain
 1106         notice; amending s. 561.55, F.S.; revising
 1107         requirements for reports relating to alcoholic
 1108         beverages; amending s. 718.112, F.S.; providing the
 1109         circumstances under which a person is delinquent in
 1110         the payment of an assessment in the context of
 1111         eligibility for membership on certain condominium
 1112         boards; requiring that an annual budget be proposed to
 1113         unit owners and adopted by the board before a
 1114         specified time; amending s. 718.501, F.S.; authorizing
 1115         the Division of Florida Condominiums, Timeshares, and
 1116         Mobile Homes to adopt rules regarding the submission
 1117         of complaints against a condominium association;
 1118         amending s. 718.5014, F.S.; revising the location
 1119         requirements for the principal office of the
 1120         condominium ombudsman; amending ss. 455.219, 548.002,
 1121         548.05, 548.071, and 548.077, F.S.; conforming
 1122         provisions to changes made by the act; providing an
 1123         effective date.