Florida Senate - 2021 SB 1966
By Senator Diaz
36-01363B-21 20211966__
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.09, F.S.;
4 requiring that certain reports relating to the
5 transportation or possession of cigarettes be filed
6 with the Division of Alcoholic Beverages and Tobacco
7 through the division’s electronic data submission
8 system; providing that specified records relating to
9 cigarettes received, sold, or delivered within the
10 state may be kept in an electronic or paper format;
11 amending s. 210.55, F.S.; requiring that certain
12 entities file reports, rather than returns, relating
13 to tobacco products with the division; providing
14 requirements for such reports; amending s. 210.60,
15 F.S.; providing that specified records relating to
16 tobacco products may be kept in an electronic or paper
17 format; amending s. 489.109, F.S.; removing provisions
18 relating to an additional fee for application and
19 renewal, transfer of funds, recommendations by the
20 Construction Industry Licensing Board for use of such
21 funds, distribution of such funds by the department,
22 and required reports of the department; amending s.
23 489.118, F.S.; removing an obsolete date; amending s.
24 499.01, F.S.; exempting certain persons from specified
25 permit requirements under certain circumstances;
26 requiring an exempt cosmetics manufacturer to provide,
27 upon request, to the department specified
28 documentation verifying his or her annual gross sales;
29 authorizing an exempt cosmetics manufacturer to only
30 manufacture and sell specified products; requiring
31 specified labeling for each unit of cosmetics
32 manufactured by an exempt cosmetics manufacturer;
33 authorizing the department to investigate complaints
34 and to enter and inspect the premises of an exempt
35 cosmetics manufacturer; providing disciplinary
36 actions; providing construction; amending s. 499.012,
37 F.S.; authorizing specified establishments to submit a
38 request for a temporary permit; requiring such
39 establishments to submit the request to the department
40 on specified forms; providing that upon authorization
41 by the department for a temporary permit for a certain
42 location, the existing permit for such location is
43 immediately null and void; prohibiting a temporary
44 permit from being extended; providing for expiration
45 of a temporary permit; prohibiting an establishment
46 from operating under an expired temporary permit;
47 amending s. 499.066, F.S.; requiring the department to
48 adopt rules to permit the issuance of remedial,
49 nondisciplinary citations; providing requirements for
50 such citations; providing for contest of and the
51 rescinding of a citation; authorizing the department
52 to recover specified costs relating to a citation;
53 providing a timeframe for when a citation may be
54 issued; providing requirements for the service of a
55 citation; authorizing the department to adopt and
56 amend rules, designate violations and monetary
57 assessments, and order remedial measures that must be
58 taken for such violations; amending s. 509.241, F.S.;
59 revising rulemaking requirements relating to public
60 lodging and food service licenses; amending s.
61 509.251, F.S.; deleting provisions relating to fee
62 schedule requirements; specifying that all fees are
63 payable in full upon submission of an application for
64 a public lodging establishment license or a public
65 food service license; amending s. 548.003, F.S.;
66 renaming the Florida State Boxing Commission as the
67 Florida Athletic Commission; amending s. 548.043,
68 F.S.; revising rulemaking requirements for the
69 commission relating to gloves; amending s. 553.841,
70 F.S.; conforming a provision to changes made by the
71 act; amending s. 561.01, F.S.; deleting the definition
72 of the term “permit carrier”; amending s. 561.17,
73 F.S.; revising a requirement related to the filing of
74 fingerprints with the division; requiring that
75 applications be accompanied by certain information
76 relating to right of occupancy; providing requirements
77 relating to contact information for licensees and
78 permittees; amending s. 561.19, F.S.; revising
79 provisions relating to the availability of beverage
80 licenses to include by reason of the cancellation of a
81 quota beverage license; amending s. 561.20, F.S.;
82 conforming cross-references; revising requirements for
83 issuing special licenses to certain food service
84 establishments; amending s. 561.42, F.S.; requiring
85 the division, and authorizing vendors, to use
86 electronic mail to give certain notice; amending s.
87 561.55, F.S.; revising requirements for reports
88 relating to alcoholic beverages; amending s. 562.455,
89 F.S.; removing grains of paradise as a form of
90 adulteration of liquor used or intended for drink;
91 amending s. 718.112, F.S.; providing the circumstances
92 under which a person is delinquent in the payment of
93 an assessment in the context of eligibility for
94 membership on certain condominium boards; requiring
95 that an annual budget be proposed to unit owners and
96 adopted by the board before a specified time; amending
97 s. 718.501, F.S.; authorizing the Division of Florida
98 Condominiums, Timeshares, and Mobile Homes to adopt
99 rules regarding the submission of complaints against a
100 condominium association; amending s. 718.5014, F.S.;
101 revising the location requirements for the principal
102 office of the condominium ombudsman; amending ss.
103 455.219, 548.002, 548.05, 548.071, and 548.077, F.S.;
104 conforming provisions to changes made by the act;
105 providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Subsections (2) and (3) of section 210.09,
110 Florida Statutes, are amended to read:
111 210.09 Records to be kept; reports to be made;
112 examination.—
113 (2) The division is authorized to prescribe and promulgate
114 by rules and regulations, which shall have the force and effect
115 of the law, such records to be kept and reports to be made to
116 the division by any manufacturer, importer, distributing agent,
117 wholesale dealer, retail dealer, common carrier, or any other
118 person handling, transporting or possessing cigarettes for sale
119 or distribution within the state as may be necessary to collect
120 and properly distribute the taxes imposed by s. 210.02. All
121 reports shall be made on or before the 10th day of the month
122 following the month for which the report is made, unless the
123 division by rule or regulation shall prescribe that reports be
124 made more often. All reports shall be filed with the division
125 through the division’s electronic data submission system.
126 (3) All manufacturers, importers, distributing agents,
127 wholesale dealers, agents, or retail dealers shall maintain and
128 keep for a period of 3 years at the place of business where any
129 transaction takes place, such records of cigarettes received,
130 sold, or delivered within the state as may be required by the
131 division. Such records may be kept in an electronic or paper
132 format. The division or its duly authorized representative is
133 hereby authorized to examine the books, papers, invoices, and
134 other records, the stock of cigarettes in and upon any premises
135 where the same are placed, stored, and sold, and the equipment
136 of any such manufacturers, importers, distributing agents,
137 wholesale dealers, agents, or retail dealers, pertaining to the
138 sale and delivery of cigarettes taxable under this part. To
139 verify the accuracy of the tax imposed and assessed by this
140 part, each person is hereby directed and required to give to the
141 division or its duly authorized representatives the means,
142 facilities, and opportunity for such examinations as are herein
143 provided for and required.
144 Section 2. Section 210.55, Florida Statutes, is amended to
145 read:
146 210.55 Distributors; monthly reports returns.—
147 (1) On or before the 10th of each month, every taxpayer
148 with a place of business in this state shall file a full and
149 complete report return with the division showing the taxable
150 price of each tobacco product brought or caused to be brought
151 into this state for sale, or made, manufactured, or fabricated
152 in this state for sale in this state, during the preceding
153 month. Every taxpayer outside this state shall file a full and
154 complete report with the division through the division’s
155 electronic data submission system return showing the quantity
156 and taxable price of each tobacco product shipped or transported
157 to retailers in this state, to be sold by those retailers,
158 during the preceding month. Reports must Returns shall be made
159 upon forms furnished and prescribed by the division and must
160 shall contain any other information that the division requires.
161 Each report must return shall be accompanied by a remittance for
162 the full tax liability shown and be filed with the division
163 through the division’s electronic data submission system.
164 (2) As soon as practicable after any report return is
165 filed, the division shall examine each report return and correct
166 it, if necessary, according to its best judgment and
167 information. If the division finds that any amount of tax is due
168 from the taxpayer and unpaid, it shall notify the taxpayer of
169 the deficiency, stating that it proposes to assess the amount
170 due together with interest and penalties. If a deficiency
171 disclosed by the division’s examination cannot be allocated to
172 one or more particular months, the division shall notify the
173 taxpayer of the deficiency, stating its intention to assess the
174 amount due for a given period without allocating it to any
175 particular months.
176 (3) If, within 60 days after the mailing of notice of the
177 proposed assessment, the taxpayer files a protest to the
178 proposed assessment and requests a hearing on it, the division
179 shall give notice to the taxpayer of the time and place fixed
180 for the hearing, shall hold a hearing on the protest, and shall
181 issue a final assessment to the taxpayer for the amount found to
182 be due as a result of the hearing. If a protest is not filed
183 within 60 days, the division shall issue a final assessment to
184 the taxpayer. In any action or proceeding in respect to the
185 proposed assessment, the taxpayer shall have the burden of
186 establishing the incorrectness or invalidity of any final
187 assessment made by the division.
188 (4) If any taxpayer required to file any report return
189 fails to do so within the time prescribed, the taxpayer shall,
190 on the written demand of the division, file the report return
191 within 20 days after mailing of the demand and at the same time
192 pay the tax due on its basis. If the taxpayer fails within that
193 time to file the report return, the division shall prepare the
194 report return from its own knowledge and from the information
195 that it obtains and on that basis shall assess a tax, which
196 shall be paid within 10 days after the division has mailed to
197 the taxpayer a written notice of the amount and a demand for its
198 payment. In any action or proceeding in respect to the
199 assessment, the taxpayer shall have the burden of establishing
200 the incorrectness or invalidity of any report return or
201 assessment made by the division because of the failure of the
202 taxpayer to make a report return.
203 (5) All taxes are due not later than the 10th day of the
204 month following the calendar month in which they were incurred,
205 and thereafter shall bear interest at the annual rate of 12
206 percent. If the amount of tax due for a given period is assessed
207 without allocating it to any particular month, the interest
208 shall begin with the date of the assessment.
209 (6) In issuing its final assessment, the division shall add
210 to the amount of tax found due and unpaid a penalty of 10
211 percent, but if it finds that the taxpayer has made a false
212 report return with intent to evade the tax, the penalty shall be
213 50 percent of the entire tax as shown by the corrected report
214 return. In assessing a tax on the basis of a report return made
215 under subsection (4), the division shall add to the amount of
216 tax found due and unpaid a penalty of 25 percent.
217 (7) For the purpose of compensating the distributor for the
218 keeping of prescribed records and the proper accounting and
219 remitting of taxes imposed under this part, the distributor
220 shall be allowed 1 percent of the amount of the tax due and
221 accounted for and remitted to the division in the form of a
222 deduction in submitting his or her report and paying the amount
223 due; and the division shall allow such deduction of 1 percent of
224 the amount of the tax to the person paying the same for
225 remitting the tax in the manner herein provided, for paying the
226 amount due to be paid by him or her, and as further compensation
227 to the distributor for the keeping of prescribed records and for
228 collection of taxes and remitting the same.
229 (a) The collection allowance may not be granted, nor may
230 any deduction be permitted, if the tax is delinquent at the time
231 of payment.
232 (b) The division may reduce the collection allowance by 10
233 percent or $50, whichever is less, if a taxpayer files an
234 incomplete report return.
235 1. An “incomplete report return” means is, for purposes of
236 this section part, a report return which is lacking such
237 uniformity, completeness, and arrangement that the physical
238 handling, verification, or review of the report return may not
239 be readily accomplished.
240 2. The division shall adopt rules requiring such
241 information as it may deem necessary to ensure that the tax
242 levied hereunder is properly collected, reviewed, compiled, and
243 enforced, including, but not limited to: the amount of taxable
244 sales; the amount of tax collected or due; the amount claimed as
245 the collection allowance; the amount of penalty and interest;
246 the amount due with the report return; and such other
247 information as the division may specify.
248 Section 3. Section 210.60, Florida Statutes, is amended to
249 read:
250 210.60 Books, records, and invoices to be kept and
251 preserved; inspection by agents of division.—Every distributor
252 shall keep in each licensed place of business complete and
253 accurate records for that place of business, including itemized
254 invoices of tobacco products held, purchased, manufactured,
255 brought in or caused to be brought in from without the state, or
256 shipped or transported to retailers in this state, and of all
257 sales of tobacco products made, except sales to an ultimate
258 consumer. Such records shall show the names and addresses of
259 purchasers and other pertinent papers and documents relating to
260 the purchase, sale, or disposition of tobacco products. When a
261 licensed distributor sells tobacco products exclusively to
262 ultimate consumers at the addresses given in the license, no
263 invoice of those sales shall be required, but itemized invoices
264 shall be made of all tobacco products transferred to other
265 retail outlets owned or controlled by that licensed distributor.
266 All books, records and other papers, and other documents
267 required by this section to be kept shall be preserved for a
268 period of at least 3 years after the date of the documents, as
269 aforesaid, or the date of the entries thereof appearing in the
270 records, unless the division, in writing, authorizes their
271 destruction or disposal at an earlier date. At any time during
272 usual business hours, duly authorized agents or employees of the
273 division may enter any place of business of a distributor and
274 inspect the premises, the records required to be kept under this
275 part, and the tobacco products contained therein to determine
276 whether all the provisions of this part are being fully complied
277 with. Refusal to permit such inspection by a duly authorized
278 agent or employee of the division shall be grounds for
279 revocation of the license. Every person who sells tobacco
280 products to persons other than an ultimate consumer shall render
281 with each sale an itemized invoice showing the seller’s name and
282 address, the purchaser’s name and address, the date of sale, and
283 all prices and discounts. The seller shall preserve legible
284 copies of all such invoices for 3 years from the date of sale.
285 Every retailer shall produce itemized invoices of all tobacco
286 products purchased. The invoices shall show the name and address
287 of the seller and the date of purchase. The retailer shall
288 preserve a legible copy of each such invoice for 3 years from
289 the date of purchase. Invoices shall be available for inspection
290 by authorized agents or employees of the division at the
291 retailer’s place of business. Any records required by this
292 section may be kept in an electronic or paper format.
293 Section 4. Subsection (3) of section 489.109, Florida
294 Statutes, is amended to read:
295 489.109 Fees.—
296 (3) In addition to the fees provided in subsection (1) for
297 application and renewal for certification and registration, all
298 certificateholders and registrants must pay a fee of $4 to the
299 department at the time of application or renewal. The funds must
300 be transferred at the end of each licensing period to the
301 department to fund projects relating to the building
302 construction industry or continuing education programs offered
303 to persons engaged in the building construction industry in
304 Florida, to be selected by the Florida Building Commission. The
305 board shall, at the time the funds are transferred, advise the
306 department on the most needed areas of research or continuing
307 education based on significant changes in the industry’s
308 practices or on changes in the state building code or on the
309 most common types of consumer complaints or on problems costing
310 the state or local governmental entities substantial waste. The
311 board’s advice is not binding on the department. The department
312 shall ensure the distribution of research reports and the
313 availability of continuing education programs to all segments of
314 the building construction industry to which they relate. The
315 department shall report to the board in October of each year,
316 summarizing the allocation of the funds by institution and
317 summarizing the new projects funded and the status of previously
318 funded projects.
319 Section 5. Section 489.118, Florida Statutes, is amended to
320 read:
321 489.118 Certification of registered contractors;
322 grandfathering provisions.—The board shall, upon receipt of a
323 completed application and appropriate fee, issue a certificate
324 in the appropriate category to any contractor registered under
325 this part who makes application to the board and can show that
326 he or she meets each of the following requirements:
327 (1) Currently holds a valid registered local license in one
328 of the contractor categories defined in s. 489.105(3)(a)-(p).
329 (2) Has, for that category, passed a written examination
330 that the board finds to be substantially similar to the
331 examination required to be licensed as a certified contractor
332 under this part. For purposes of this subsection, a written,
333 proctored examination such as that produced by the National
334 Assessment Institute, Block and Associates, NAI/Block, Experior
335 Assessments, Professional Testing, Inc., or Assessment Systems,
336 Inc., shall be considered to be substantially similar to the
337 examination required to be licensed as a certified contractor.
338 The board may not impose or make any requirements regarding the
339 nature or content of these cited examinations.
340 (3) Has at least 5 years of experience as a contractor in
341 that contracting category, or as an inspector or building
342 administrator with oversight over that category, at the time of
343 application. For contractors, only time periods in which the
344 contractor license is active and the contractor is not on
345 probation shall count toward the 5 years required by this
346 subsection.
347 (4) Has not had his or her contractor’s license revoked at
348 any time, had his or her contractor’s license suspended within
349 the last 5 years, or been assessed a fine in excess of $500
350 within the last 5 years.
351 (5) Is in compliance with the insurance and financial
352 responsibility requirements in s. 489.115(5).
353
354 Applicants wishing to obtain a certificate pursuant to this
355 section must make application by November 1, 2015.
356 Section 6. Paragraph (p) of subsection (2) of section
357 499.01, Florida Statutes, is amended to read:
358 499.01 Permits.—
359 (2) The following permits are established:
360 (p) Cosmetic manufacturer permit.—A cosmetic manufacturer
361 permit is required for any person that manufactures or
362 repackages cosmetics in this state. A person that only labels or
363 changes the labeling of a cosmetic but does not open the
364 container sealed by the manufacturer of the product is exempt
365 from obtaining a permit under this paragraph. A person who
366 manufactures cosmetics and has annual gross sales of $25,000 or
367 less is exempt from the permit requirements of this paragraph.
368 Upon request, an exempt cosmetics manufacturer must provide to
369 the department written documentation to verify his or her annual
370 gross sales, including all sales of cosmetic products at any
371 location, regardless of the types of products sold or the number
372 of persons involved in the operation.
373 1. An exempt cosmetics manufacturer may only:
374 a. Sell prepackaged cosmetics affixed with a label
375 containing information required by the United States Food and
376 Drug Administration.
377 b. Manufacture and sell cosmetics that are soaps, not
378 otherwise exempt from the definition of cosmetics, lotions,
379 moisturizers, and creams.
380 c. Sell cosmetics that are not adulterated or misbranded in
381 accordance with 21 U.S.C. ss. 361 and 362.
382 d. Sell cosmetic products that are stored on the premises
383 of the cosmetic manufacturing operation.
384 2. Each unit of cosmetics manufactured under this paragraph
385 must contain, in contrasting color and not less than 10-point
386 type, the following statement: “Made by a manufacturer exempt
387 from Florida’s cosmetic manufacturing permit requirements.”
388 3. The department may investigate any complaint which
389 alleges that an exempt cosmetics manufacturer has violated an
390 applicable provision of this chapter or a rule adopted under
391 this chapter. The department’s authorized officer or employee
392 may enter and inspect the premises of an exempt cosmetic
393 manufacturer to determine compliance with this chapter and
394 department rules, as applicable. A refusal to permit entry to
395 the premises or to conduct an inspection is grounds for
396 disciplinary action pursuant to s. 499.005.
397 4. This paragraph does not exempt any person from any state
398 or federal tax law, rule, regulation, or certificate or from any
399 county or municipal law or ordinance that applies to cosmetic
400 manufacturing.
401 Section 7. Paragraph (d) is added to subsection (6) of
402 section 499.012, Florida Statutes, to read:
403 499.012 Permit application requirements.—
404 (6)A permit issued by the department is nontransferable.
405 Each permit is valid only for the person or governmental unit to
406 which it is issued and is not subject to sale, assignment, or
407 other transfer, voluntarily or involuntarily; nor is a permit
408 valid for any establishment other than the establishment for
409 which it was originally issued.
410 (d) When an establishment that requires a permit pursuant
411 to this part submits an application to the department for a
412 change of ownership or controlling interest or a change of
413 location with the required fees under this subsection, the
414 establishment may also submit a request for a temporary permit
415 granting the establishment authority to operate for no more than
416 90 calendar days. The establishment must submit the request for
417 a temporary permit to the department on a form provided by the
418 department and obtain authorization to operate with the
419 temporary permit before operating under the change of ownership
420 or operating at the new location. Upon authorization of a
421 temporary permit, the existing permit at the location for which
422 the temporary permit is submitted is immediately null and void.
423 A temporary permit may not be extended and shall expire and
424 become null and void by operation of law without further action
425 by the department at 12:01 a.m. on the 91st day after the
426 department authorizes such permit. Upon expiration of the
427 temporary permit, the establishment may not continue to operate
428 under such permit.
429
430 The department may revoke the permit of any person that fails to
431 comply with the requirements of this subsection.
432 Section 8. Subsection (8) is added to section 499.066,
433 Florida Statutes, to read:
434 499.066 Penalties; remedies.—In addition to other penalties
435 and other enforcement provisions:
436 (8)(a) The department shall adopt rules to authorize the
437 issuance of a remedial, nondisciplinary citation. A citation
438 shall be issued to the person alleged to have committed a
439 violation and contain the person’s name, address, and license
440 number, if applicable; a brief factual statement; the sections
441 of the law allegedly violated; and the monetary assessment and
442 or other remedial measures imposed. The person shall have 30
443 days after the citation is served to contest the citation by
444 providing supplemental and clarifying information to the
445 department. The citation must clearly state that the person may
446 choose, in lieu of accepting the citation, to have the
447 department rescind the citation and conduct an investigation
448 pursuant to s. 499.051 of only those alleged violations
449 contained in the citation. The citation shall be rescinded by
450 the department if the person remedies or corrects the violations
451 or deficiencies contained in the citation within 30 days after
452 the citation is served. If the person does not successfully
453 contest the citation to the satisfaction of the department, or
454 complete remedial action pursuant to this paragraph, the
455 citation becomes a final order and does not constitute
456 discipline.
457 (b) The department is entitled to recover the costs of
458 investigation, in addition to any penalty provided according to
459 department rule, as part of the penalty levied pursuant to a
460 citation.
461 (c) A citation must be issued within 6 months after the
462 filing of the complaint that is the basis for the citation.
463 (d) Service of a citation may be made by personal service
464 or certified mail, restricted delivery, to the person at the
465 person’s last known address of record with the department, or to
466 the person’s Florida registered agent.
467 (e) The department may adopt rules to designate those
468 violations for which a person is subject to the issuance of a
469 citation and the monetary assessments or other remedial measures
470 that must be taken for those violations. Violations designated
471 as subject to issuance of a citation shall include violations
472 for which there is no substantial threat to the public health,
473 safety, or welfare. The department has continuous authority to
474 amend its rules adopted pursuant to this section.
475 Section 9. Subsection (1) of section 509.241, Florida
476 Statutes, is amended to read:
477 509.241 Licenses required; exceptions.—
478 (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
479 establishment and public food service establishment shall obtain
480 a license from the division. Such license may not be transferred
481 from one place or individual to another. It shall be a
482 misdemeanor of the second degree, punishable as provided in s.
483 775.082 or s. 775.083, for such an establishment to operate
484 without a license. Local law enforcement shall provide immediate
485 assistance in pursuing an illegally operating establishment. The
486 division may refuse a license, or a renewal thereof, to any
487 establishment that is not constructed and maintained in
488 accordance with law and with the rules of the division. The
489 division may refuse to issue a license, or a renewal thereof, to
490 any establishment an operator of which, within the preceding 5
491 years, has been adjudicated guilty of, or has forfeited a bond
492 when charged with, any crime reflecting on professional
493 character, including soliciting for prostitution, pandering,
494 letting premises for prostitution, keeping a disorderly place,
495 or illegally dealing in controlled substances as defined in
496 chapter 893, whether in this state or in any other jurisdiction
497 within the United States, or has had a license denied, revoked,
498 or suspended pursuant to s. 429.14. Licenses shall be renewed
499 annually, and the division shall adopt rules a rule establishing
500 procedures a staggered schedule for license issuance and
501 renewals. If any license expires while administrative charges
502 are pending against the license, the proceedings against the
503 license shall continue to conclusion as if the license were
504 still in effect.
505 Section 10. Subsections (1) and (2) of section 509.251,
506 Florida Statutes, are amended to read:
507 509.251 License fees.—
508 (1) The division shall adopt, by rule, a schedule of fees
509 to be paid by each public lodging establishment as a
510 prerequisite to issuance or renewal of a license. Such fees
511 shall be based on the number of rental units in the
512 establishment. The aggregate fee per establishment charged any
513 public lodging establishment may not exceed $1,000; however, the
514 fees described in paragraphs (a) and (b) may not be included as
515 part of the aggregate fee subject to this cap. Vacation rental
516 units or timeshare projects within separate buildings or at
517 separate locations but managed by one licensed agent may be
518 combined in a single license application, and the division shall
519 charge a license fee as if all units in the application are in a
520 single licensed establishment. The fee schedule shall require an
521 establishment which applies for an initial license to pay the
522 full license fee if application is made during the annual
523 renewal period or more than 6 months before the next such
524 renewal period and one-half of the fee if application is made 6
525 months or less before such period. The fee schedule shall
526 include fees collected for the purpose of funding the
527 Hospitality Education Program, pursuant to s. 509.302. All fees,
528 which are payable in full for each application at the time
529 regardless of when the application is submitted.
530 (a) Upon making initial application or an application for
531 change of ownership, the applicant shall pay to the division a
532 fee as prescribed by rule, not to exceed $50, in addition to any
533 other fees required by law, which shall cover all costs
534 associated with initiating regulation of the establishment.
535 (b) A license renewal filed with the division after the
536 expiration date shall be accompanied by a delinquent fee as
537 prescribed by rule, not to exceed $50, in addition to the
538 renewal fee and any other fees required by law.
539 (2) The division shall adopt, by rule, a schedule of fees
540 to be paid by each public food service establishment as a
541 prerequisite to issuance or renewal of a license. The fee
542 schedule shall prescribe a basic fee and additional fees based
543 on seating capacity and services offered. The aggregate fee per
544 establishment charged any public food service establishment may
545 not exceed $400; however, the fees described in paragraphs (a)
546 and (b) may not be included as part of the aggregate fee subject
547 to this cap. The fee schedule shall require an establishment
548 which applies for an initial license to pay the full license fee
549 if application is made during the annual renewal period or more
550 than 6 months before the next such renewal period and one-half
551 of the fee if application is made 6 months or less before such
552 period. The fee schedule shall include fees collected for the
553 purpose of funding the Hospitality Education Program, pursuant
554 to s. 509.302. All fees, which are payable in full for each
555 application at the time regardless of when the application is
556 submitted.
557 (a) Upon making initial application or an application for
558 change of ownership, the applicant shall pay to the division a
559 fee as prescribed by rule, not to exceed $50, in addition to any
560 other fees required by law, which shall cover all costs
561 associated with initiating regulation of the establishment.
562 (b) A license renewal filed with the division after the
563 expiration date shall be accompanied by a delinquent fee as
564 prescribed by rule, not to exceed $50, in addition to the
565 renewal fee and any other fees required by law.
566 Section 11. Section 548.003, Florida Statutes, is amended
567 to read:
568 548.003 Florida Athletic State Boxing Commission.—
569 (1) The Florida Athletic State Boxing Commission is created
570 and is assigned to the Department of Business and Professional
571 Regulation for administrative and fiscal accountability purposes
572 only. The Florida State Boxing commission shall consist of five
573 members appointed by the Governor, subject to confirmation by
574 the Senate. One member must be a physician licensed under
575 pursuant to chapter 458 or chapter 459, who must maintain an
576 unencumbered license in good standing, and who must, at the time
577 of her or his appointment, have practiced medicine for at least
578 5 years. Upon the expiration of the term of a commissioner, the
579 Governor shall appoint a successor to serve for a 4-year term. A
580 commissioner whose term has expired shall continue to serve on
581 the commission until such time as a replacement is appointed. If
582 a vacancy on the commission occurs before prior to the
583 expiration of the term, it shall be filled for the unexpired
584 portion of the term in the same manner as the original
585 appointment.
586 (2) The Florida State Boxing commission, as created by
587 subsection (1), shall administer the provisions of this chapter.
588 The commission has authority to adopt rules pursuant to ss.
589 120.536(1) and 120.54 to implement the provisions of this
590 chapter and to implement each of the duties and responsibilities
591 conferred upon the commission, including, but not limited to:
592 (a) Development of an ethical code of conduct for
593 commissioners, commission staff, and commission officials.
594 (b) Facility and safety requirements relating to the ring,
595 floor plan and apron seating, emergency medical equipment and
596 services, and other equipment and services necessary for the
597 conduct of a program of matches.
598 (c) Requirements regarding a participant’s apparel,
599 bandages, handwraps, gloves, mouthpiece, and appearance during a
600 match.
601 (d) Requirements relating to a manager’s participation,
602 presence, and conduct during a match.
603 (e) Duties and responsibilities of all licensees under this
604 chapter.
605 (f) Procedures for hearings and resolution of disputes.
606 (g) Qualifications for appointment of referees and judges.
607 (h) Qualifications for and appointment of chief inspectors
608 and inspectors and duties and responsibilities of chief
609 inspectors and inspectors with respect to oversight and
610 coordination of activities for each program of matches regulated
611 under this chapter.
612 (i) Setting fee and reimbursement schedules for referees
613 and other officials appointed by the commission or the
614 representative of the commission.
615 (j) Establishment of criteria for approval, disapproval,
616 suspension of approval, and revocation of approval of amateur
617 sanctioning organizations for amateur boxing, kickboxing, and
618 mixed martial arts held in this state, including, but not
619 limited to, the health and safety standards the organizations
620 use before, during, and after the matches to ensure the health,
621 safety, and well-being of the amateurs participating in the
622 matches, including the qualifications and numbers of health care
623 personnel required to be present, the qualifications required
624 for referees, and other requirements relating to the health,
625 safety, and well-being of the amateurs participating in the
626 matches. The commission may adopt by rule, or incorporate by
627 reference into rule, the health and safety standards of USA
628 Boxing as the minimum health and safety standards for an amateur
629 boxing sanctioning organization, the health and safety standards
630 of the International Sport Kickboxing Association as the minimum
631 health and safety standards for an amateur kickboxing
632 sanctioning organization, and the minimum health and safety
633 standards for an amateur mixed martial arts sanctioning
634 organization. The commission shall review its rules for
635 necessary revision at least every 2 years and may adopt by rule,
636 or incorporate by reference into rule, the then-existing current
637 health and safety standards of USA Boxing and the International
638 Sport Kickboxing Association. The commission may adopt emergency
639 rules to administer this paragraph.
640 (3) The commission shall maintain an office in Tallahassee.
641 At the first meeting of the commission after June 1 of each
642 year, the commission shall select a chair and a vice chair from
643 among its membership. Three members shall constitute a quorum
644 and the concurrence of at least three members is necessary for
645 official commission action.
646 (4) Three consecutive unexcused absences or absences
647 constituting 50 percent or more of the commission’s meetings
648 within any 12-month period shall cause the commission membership
649 of the member in question to become void, and the position shall
650 be considered vacant. The commission shall, by rule, define
651 unexcused absences.
652 (5) Each commission member shall be accountable to the
653 Governor for the proper performance of duties as a member of the
654 commission. The Governor shall cause to be investigated any
655 complaint or unfavorable report received by the Governor or the
656 department concerning an action of the commission or any member
657 and shall take appropriate action thereon. The Governor may
658 remove from office any member for malfeasance, unethical
659 conduct, misfeasance, neglect of duty, incompetence, permanent
660 inability to perform official duties, or pleading guilty or nolo
661 contendere to or being found guilty of a felony.
662 (6) Each member of the commission shall be compensated at
663 the rate of $50 for each day she or he attends a commission
664 meeting and shall be reimbursed for other expenses as provided
665 in s. 112.061.
666 (7) The commission shall be authorized to join and
667 participate in the activities of the Association of Boxing
668 Commissions (ABC).
669 (8) The department shall provide all legal and
670 investigative services necessary to implement this chapter. The
671 department may adopt rules as provided in ss. 120.536(1) and
672 120.54 to carry out its duties under this chapter.
673 Section 12. Subsection (3) of section 548.043, Florida
674 Statutes, is amended to read:
675 548.043 Weights and classes, limitations; gloves.—
676 (3) The commission shall establish by rule the need for
677 gloves, if any, and the weight of any such gloves to be used in
678 each pugilistic match the appropriate weight of gloves to be
679 used in each boxing match; however, all participants in boxing
680 matches shall wear gloves weighing not less than 8 ounces each
681 and participants in mixed martial arts matches shall wear gloves
682 weighing 4 to 8 ounces each. Participants shall wear such
683 protective devices as the commission deems necessary.
684 Section 13. Subsection (5) of section 553.841, Florida
685 Statutes, is amended to read:
686 553.841 Building code compliance and mitigation program.—
687 (5) Each biennium, upon receipt of funds by the Department
688 of Business and Professional Regulation from the Construction
689 Industry Licensing Board and the Electrical Contractors’
690 Licensing Board provided under ss. 489.109(3) and 489.509(3),
691 the department shall determine the amount of funds available for
692 the Florida Building Code Compliance and Mitigation Program.
693 Section 14. Subsection (20) of section 561.01, Florida
694 Statutes, is amended to read:
695 561.01 Definitions.—As used in the Beverage Law:
696 (20) “Permit carrier” means a licensee authorized to make
697 deliveries as provided in s. 561.57.
698 Section 15. Subsections (1) and (2) of section 561.17,
699 Florida Statutes, are amended, and subsection (5) is added to
700 that section, to read:
701 561.17 License and registration applications; approved
702 person.—
703 (1) Any person, before engaging in the business of
704 manufacturing, bottling, distributing, selling, or in any way
705 dealing in alcoholic beverages, shall file, with the district
706 licensing personnel of the district of the division in which the
707 place of business for which a license is sought is located, a
708 sworn application in the format prescribed by the division. The
709 applicant must be a legal or business entity, person, or persons
710 and must include all persons, officers, shareholders, and
711 directors of such legal or business entity that have a direct or
712 indirect interest in the business seeking to be licensed under
713 this part. However, the applicant does not include any person
714 that derives revenue from the license solely through a
715 contractual relationship with the licensee, the substance of
716 which contractual relationship is not related to the control of
717 the sale of alcoholic beverages. Before any application is
718 approved, the division may require the applicant to file a set
719 of fingerprints electronically through an approved electronic
720 fingerprinting vendor or on regular United States Department of
721 Justice forms prescribed by the Florida Department of Law
722 Enforcement for herself or himself and for any person or persons
723 interested directly or indirectly with the applicant in the
724 business for which the license is being sought, when required by
725 the division. If the applicant or any person who is interested
726 with the applicant either directly or indirectly in the business
727 or who has a security interest in the license being sought or
728 has a right to a percentage payment from the proceeds of the
729 business, either by lease or otherwise, is not qualified, the
730 division shall deny the application. However, any company
731 regularly traded on a national securities exchange and not over
732 the counter; any insurer, as defined in the Florida Insurance
733 Code; or any bank or savings and loan association chartered by
734 this state, another state, or the United States which has an
735 interest, directly or indirectly, in an alcoholic beverage
736 license is not required to obtain the division’s approval of its
737 officers, directors, or stockholders or any change of such
738 positions or interests. A shopping center with five or more
739 stores, one or more of which has an alcoholic beverage license
740 and is required under a lease common to all shopping center
741 tenants to pay no more than 10 percent of the gross proceeds of
742 the business holding the license to the shopping center, is not
743 considered as having an interest, directly or indirectly, in the
744 license. A performing arts center, as defined in s. 561.01,
745 which has an interest, directly or indirectly, in an alcoholic
746 beverage license is not required to obtain division approval of
747 its volunteer officers or directors or of any change in such
748 positions or interests.
749 (2) All applications for any alcoholic beverage license
750 must be accompanied by proof of the applicant’s right of
751 occupancy for the entire premises sought to be licensed. All
752 applications for alcoholic beverage licenses for consumption on
753 the premises shall be accompanied by a certificate of the
754 Division of Hotels and Restaurants of the Department of Business
755 and Professional Regulation, the Department of Agriculture and
756 Consumer Services, the Department of Health, the Agency for
757 Health Care Administration, or the county health department that
758 the place of business wherein the business is to be conducted
759 meets all of the sanitary requirements of the state.
760 (5) Any person or entity licensed or permitted by the
761 division must provide an electronic mail address to the division
762 to function as the primary contact for all communication by the
763 division to the licensee or permittees. Licensees and permittees
764 are responsible for maintaining accurate contact information on
765 file with the division.
766 Section 16. Paragraph (a) of subsection (2) of section
767 561.19, Florida Statutes, is amended to read:
768 561.19 License issuance upon approval of division.—
769 (2)(a) When beverage licenses become available by reason of
770 an increase in the population of a county, by reason of a county
771 permitting the sale of intoxicating beverages when such sale had
772 been prohibited, or by reason of the cancellation or revocation
773 of a quota beverage license, the division, if there are more
774 applicants than the number of available licenses, shall provide
775 a method of double random selection by public drawing to
776 determine which applicants shall be considered for issuance of
777 licenses. The double random selection drawing method shall allow
778 each applicant whose application is complete and does not
779 disclose on its face any matter rendering the applicant
780 ineligible an equal opportunity of obtaining an available
781 license. After all applications are filed with the director, the
782 director shall then determine by random selection drawing the
783 order in which each applicant’s name shall be matched with a
784 number selected by random drawing, and that number shall
785 determine the order in which the applicant will be considered
786 for a license. This paragraph does not prohibit a person holding
787 a perfected lien or security interest in a quota alcoholic
788 beverage license, in accordance with s. 561.65, from enforcing
789 the lien or security interest against the license within 180
790 days after a final order of revocation or suspension. A revoked
791 quota alcoholic beverage license encumbered by a lien or
792 security interest, perfected pursuant to s. 561.65, may not be
793 issued under this subsection until the 180-day period has
794 elapsed or until such enforcement proceeding is final.
795 Section 17. Paragraph (a) of subsection (2) of section
796 561.20, Florida Statutes, is amended to read:
797 561.20 Limitation upon number of licenses issued.—
798 (2)(a) The limitation of the number of licenses as provided
799 in this section does not prohibit the issuance of a special
800 license to:
801 1. Any bona fide hotel, motel, or motor court of not fewer
802 than 80 guest rooms in any county having a population of less
803 than 50,000 residents, and of not fewer than 100 guest rooms in
804 any county having a population of 50,000 residents or greater;
805 or any bona fide hotel or motel located in a historic structure,
806 as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
807 guest rooms which derives at least 51 percent of its gross
808 revenue from the rental of hotel or motel rooms, which is
809 licensed as a public lodging establishment by the Division of
810 Hotels and Restaurants; provided, however, that a bona fide
811 hotel or motel with no fewer than 10 and no more than 25 guest
812 rooms which is a historic structure, as defined in s. 561.01(20)
813 s. 561.01(21), in a municipality that on the effective date of
814 this act has a population, according to the University of
815 Florida’s Bureau of Economic and Business Research Estimates of
816 Population for 1998, of no fewer than 25,000 and no more than
817 35,000 residents and that is within a constitutionally chartered
818 county may be issued a special license. This special license
819 shall allow the sale and consumption of alcoholic beverages only
820 on the licensed premises of the hotel or motel. In addition, the
821 hotel or motel must derive at least 60 percent of its gross
822 revenue from the rental of hotel or motel rooms and the sale of
823 food and nonalcoholic beverages; provided that this subparagraph
824 shall supersede local laws requiring a greater number of hotel
825 rooms;
826 2. Any condominium accommodation of which no fewer than 100
827 condominium units are wholly rentable to transients and which is
828 licensed under chapter 509, except that the license shall be
829 issued only to the person or corporation that operates the hotel
830 or motel operation and not to the association of condominium
831 owners;
832 3. Any condominium accommodation of which no fewer than 50
833 condominium units are wholly rentable to transients, which is
834 licensed under chapter 509, and which is located in any county
835 having home rule under s. 10 or s. 11, Art. VIII of the State
836 Constitution of 1885, as amended, and incorporated by reference
837 in s. 6(e), Art. VIII of the State Constitution, except that the
838 license shall be issued only to the person or corporation that
839 operates the hotel or motel operation and not to the association
840 of condominium owners;
841 4. A food service establishment that has 2,500 square feet
842 of service area, is equipped to serve meals to 150 persons at
843 one time, and derives at least 51 percent of its gross food and
844 beverage revenue from the sale of food and nonalcoholic
845 beverages during the first 120-day 60-day operating period and
846 the first each 12-month operating period thereafter. Subsequent
847 audit timeframes must be based upon the audit percentage
848 established by the most recent audit and conducted on a
849 staggered scale as follows: level 1, 51 percent to 60 percent,
850 every year; level 2, 61 percent to 75 percent, every 2 years;
851 level 3, 76 percent to 90 percent, every 3 years; and level 4,
852 91 percent to 100 percent, every 4 years. A food service
853 establishment granted a special license on or after January 1,
854 1958, pursuant to general or special law may not operate as a
855 package store and may not sell intoxicating beverages under such
856 license after the hours of serving or consumption of food have
857 elapsed. Failure by a licensee to meet the required percentage
858 of food and nonalcoholic beverage gross revenues during the
859 covered operating period shall result in revocation of the
860 license or denial of the pending license application. A licensee
861 whose license is revoked or an applicant whose pending
862 application is denied, or any person required to qualify on the
863 special license application, is ineligible to have any interest
864 in a subsequent application for such a license for a period of
865 120 days after the date of the final denial or revocation;
866 5. Any caterer, deriving at least 51 percent of its gross
867 food and beverage revenue from the sale of food and nonalcoholic
868 beverages at each catered event, licensed by the Division of
869 Hotels and Restaurants under chapter 509. This subparagraph does
870 not apply to a culinary education program, as defined in s.
871 381.0072(2), which is licensed as a public food service
872 establishment by the Division of Hotels and Restaurants and
873 provides catering services. Notwithstanding any law to the
874 contrary, a licensee under this subparagraph shall sell or serve
875 alcoholic beverages only for consumption on the premises of a
876 catered event at which the licensee is also providing prepared
877 food, and shall prominently display its license at any catered
878 event at which the caterer is selling or serving alcoholic
879 beverages. A licensee under this subparagraph shall purchase all
880 alcoholic beverages it sells or serves at a catered event from a
881 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
882 under s. 565.02(1) subject to the limitation imposed in
883 subsection (1), as appropriate. A licensee under this
884 subparagraph may not store any alcoholic beverages to be sold or
885 served at a catered event. Any alcoholic beverages purchased by
886 a licensee under this subparagraph for a catered event that are
887 not used at that event must remain with the customer; provided
888 that if the vendor accepts unopened alcoholic beverages, the
889 licensee may return such alcoholic beverages to the vendor for a
890 credit or reimbursement. Regardless of the county or counties in
891 which the licensee operates, a licensee under this subparagraph
892 shall pay the annual state license tax set forth in s.
893 565.02(1)(b). A licensee under this subparagraph must maintain
894 for a period of 3 years all records and receipts for each
895 catered event, including all contracts, customers’ names, event
896 locations, event dates, food purchases and sales, alcoholic
897 beverage purchases and sales, nonalcoholic beverage purchases
898 and sales, and any other records required by the department by
899 rule to demonstrate compliance with the requirements of this
900 subparagraph. Notwithstanding any law to the contrary, any
901 vendor licensed under s. 565.02(1) subject to the limitation
902 imposed in subsection (1), may, without any additional licensure
903 under this subparagraph, serve or sell alcoholic beverages for
904 consumption on the premises of a catered event at which prepared
905 food is provided by a caterer licensed under chapter 509. If a
906 licensee under this subparagraph also possesses any other
907 license under the Beverage Law, the license issued under this
908 subparagraph may shall not authorize the holder to conduct
909 activities on the premises to which the other license or
910 licenses apply that would otherwise be prohibited by the terms
911 of that license or the Beverage Law. Nothing in this section
912 shall permit the licensee to conduct activities that are
913 otherwise prohibited by the Beverage Law or local law. The
914 Division of Alcoholic Beverages and Tobacco is hereby authorized
915 to adopt rules to administer the license created in this
916 subparagraph, to include rules governing licensure,
917 recordkeeping, and enforcement. The first $300,000 in fees
918 collected by the division each fiscal year pursuant to this
919 subparagraph shall be deposited in the Department of Children
920 and Families’ Operations and Maintenance Trust Fund to be used
921 only for alcohol and drug abuse education, treatment, and
922 prevention programs. The remainder of the fees collected shall
923 be deposited into the Hotel and Restaurant Trust Fund created
924 pursuant to s. 509.072; or
925 6. A culinary education program as defined in s.
926 381.0072(2) which is licensed as a public food service
927 establishment by the Division of Hotels and Restaurants.
928 a. This special license shall allow the sale and
929 consumption of alcoholic beverages on the licensed premises of
930 the culinary education program. The culinary education program
931 shall specify designated areas in the facility where the
932 alcoholic beverages may be consumed at the time of application.
933 Alcoholic beverages sold for consumption on the premises may be
934 consumed only in areas designated pursuant to s. 561.01(11) and
935 may not be removed from the designated area. Such license shall
936 be applicable only in and for designated areas used by the
937 culinary education program.
938 b. If the culinary education program provides catering
939 services, this special license shall also allow the sale and
940 consumption of alcoholic beverages on the premises of a catered
941 event at which the licensee is also providing prepared food. A
942 culinary education program that provides catering services is
943 not required to derive at least 51 percent of its gross revenue
944 from the sale of food and nonalcoholic beverages.
945 Notwithstanding any law to the contrary, a licensee that
946 provides catering services under this sub-subparagraph shall
947 prominently display its beverage license at any catered event at
948 which the caterer is selling or serving alcoholic beverages.
949 Regardless of the county or counties in which the licensee
950 operates, a licensee under this sub-subparagraph shall pay the
951 annual state license tax set forth in s. 565.02(1)(b). A
952 licensee under this sub-subparagraph must maintain for a period
953 of 3 years all records required by the department by rule to
954 demonstrate compliance with the requirements of this sub
955 subparagraph.
956 c. If a licensee under this subparagraph also possesses any
957 other license under the Beverage Law, the license issued under
958 this subparagraph does not authorize the holder to conduct
959 activities on the premises to which the other license or
960 licenses apply that would otherwise be prohibited by the terms
961 of that license or the Beverage Law. Nothing in this
962 subparagraph shall permit the licensee to conduct activities
963 that are otherwise prohibited by the Beverage Law or local law.
964 Any culinary education program that holds a license to sell
965 alcoholic beverages shall comply with the age requirements set
966 forth in ss. 562.11(4), 562.111(2), and 562.13.
967 d. The Division of Alcoholic Beverages and Tobacco may
968 adopt rules to administer the license created in this
969 subparagraph, to include rules governing licensure,
970 recordkeeping, and enforcement.
971 e. A license issued pursuant to this subparagraph does not
972 permit the licensee to sell alcoholic beverages by the package
973 for off-premises consumption.
974
975 However, any license heretofore issued to any such hotel, motel,
976 motor court, or restaurant or hereafter issued to any such
977 hotel, motel, or motor court, including a condominium
978 accommodation, under the general law shall not be moved to a new
979 location, such license being valid only on the premises of such
980 hotel, motel, motor court, or restaurant. Licenses issued to
981 hotels, motels, motor courts, or restaurants under the general
982 law and held by such hotels, motels, motor courts, or
983 restaurants on May 24, 1947, shall be counted in the quota
984 limitation contained in subsection (1). Any license issued for
985 any hotel, motel, or motor court under this law shall be issued
986 only to the owner of the hotel, motel, or motor court or, in the
987 event the hotel, motel, or motor court is leased, to the lessee
988 of the hotel, motel, or motor court; and the license shall
989 remain in the name of the owner or lessee so long as the license
990 is in existence. Any special license now in existence heretofore
991 issued under this law cannot be renewed except in the name of
992 the owner of the hotel, motel, motor court, or restaurant or, in
993 the event the hotel, motel, motor court, or restaurant is
994 leased, in the name of the lessee of the hotel, motel, motor
995 court, or restaurant in which the license is located and must
996 remain in the name of the owner or lessee so long as the license
997 is in existence. Any license issued under this section shall be
998 marked “Special,” and nothing herein provided shall limit,
999 restrict, or prevent the issuance of a special license for any
1000 restaurant or motel which shall hereafter meet the requirements
1001 of the law existing immediately prior to the effective date of
1002 this act, if construction of such restaurant has commenced prior
1003 to the effective date of this act and is completed within 30
1004 days thereafter, or if an application is on file for such
1005 special license at the time this act takes effect; and any such
1006 licenses issued under this proviso may be annually renewed as
1007 now provided by law. Nothing herein prevents an application for
1008 transfer of a license to a bona fide purchaser of any hotel,
1009 motel, motor court, or restaurant by the purchaser of such
1010 facility or the transfer of such license pursuant to law.
1011 Section 18. Subsection (4) of section 561.42, Florida
1012 Statutes, is amended to read:
1013 561.42 Tied house evil; financial aid and assistance to
1014 vendor by manufacturer, distributor, importer, primary American
1015 source of supply, brand owner or registrant, or any broker,
1016 sales agent, or sales person thereof, prohibited; procedure for
1017 enforcement; exception.—
1018 (4) Before the division shall so declare and prohibit such
1019 sales to such vendor, it shall, within 2 days after receipt of
1020 such notice, the division shall give written notice to such
1021 vendor by electronic mail of the receipt by the division of such
1022 notification of delinquency and such vendor shall be directed to
1023 forthwith make payment thereof or, upon failure to do so, to
1024 show cause before the division why further sales to such vendor
1025 may shall not be prohibited. Good and sufficient cause to
1026 prevent such action by the division may be made by showing
1027 payment, failure of consideration, or any other defense which
1028 would be considered sufficient in a common-law action. The
1029 vendor shall have 5 days after service receipt of such notice
1030 via electronic mail within which to show such cause, and he or
1031 she may demand a hearing thereon, provided he or she does so in
1032 writing within said 5 days, such written demand to be delivered
1033 to the division either in person, by electronic mail, or by due
1034 course of mail within such 5 days. If no such demand for hearing
1035 is made, the division shall thereupon declare in writing to such
1036 vendor and to all manufacturers and distributors within the
1037 state that all further sales to such vendor are prohibited until
1038 such time as the division certifies in writing that such vendor
1039 has fully paid for all liquors previously purchased. In the
1040 event such prohibition of sales and declaration thereof to the
1041 vendor, manufacturers, and distributors is ordered by the
1042 division, the vendor may seek review of such decision by the
1043 Department of Business and Professional Regulation within 5
1044 days. In the event application for such review is filed within
1045 such time, such prohibition of sales may shall not be made,
1046 published, or declared until final disposition of such review by
1047 the department.
1048 Section 19. Subsection (2) of section 561.55, Florida
1049 Statutes, is amended to read:
1050 561.55 Manufacturers’, distributors’, brokers’, sales
1051 agents’, importers’, vendors’, and exporters’ records and
1052 reports.—
1053 (2) Each manufacturer, distributor, broker, sales agent,
1054 and importer shall make a full and complete report by the 10th
1055 day of each month for the previous calendar month. The report
1056 must be shall be made out in triplicate; two copies shall be
1057 sent to the division, and the third copy shall be retained for
1058 the manufacturer’s, distributor’s, broker’s, sales agent’s, or
1059 importer’s record. Reports shall be made on forms prepared and
1060 furnished by the division and filed with the division through
1061 the division’s electronic data submission system.
1062 Section 20. Section 562.455, Florida Statutes, is amended
1063 to read:
1064 562.455 Adulterating liquor; penalty.—Whoever adulterates,
1065 for the purpose of sale, any liquor, used or intended for drink,
1066 with cocculus indicus, vitriol, grains of paradise, opium, alum,
1067 capsicum, copperas, laurel water, logwood, brazil wood,
1068 cochineal, sugar of lead, or any other substance which is
1069 poisonous or injurious to health, and whoever knowingly sells
1070 any liquor so adulterated, commits shall be guilty of a felony
1071 of the third degree, punishable as provided in s. 775.082, s.
1072 775.083, or s. 775.084.
1073 Section 21. Paragraphs (d) and (f) of subsection (2) of
1074 section 718.112, Florida Statutes, are amended to read:
1075 718.112 Bylaws.—
1076 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1077 following and, if they do not do so, shall be deemed to include
1078 the following:
1079 (d) Unit owner meetings.—
1080 1. An annual meeting of the unit owners must be held at the
1081 location provided in the association bylaws and, if the bylaws
1082 are silent as to the location, the meeting must be held within
1083 45 miles of the condominium property. However, such distance
1084 requirement does not apply to an association governing a
1085 timeshare condominium.
1086 2. Unless the bylaws provide otherwise, a vacancy on the
1087 board caused by the expiration of a director’s term must be
1088 filled by electing a new board member, and the election must be
1089 by secret ballot. An election is not required if the number of
1090 vacancies equals or exceeds the number of candidates. For
1091 purposes of this paragraph, the term “candidate” means an
1092 eligible person who has timely submitted the written notice, as
1093 described in sub-subparagraph 4.a., of his or her intention to
1094 become a candidate. Except in a timeshare or nonresidential
1095 condominium, or if the staggered term of a board member does not
1096 expire until a later annual meeting, or if all members’ terms
1097 would otherwise expire but there are no candidates, the terms of
1098 all board members expire at the annual meeting, and such members
1099 may stand for reelection unless prohibited by the bylaws. Board
1100 members may serve terms longer than 1 year if permitted by the
1101 bylaws or articles of incorporation. A board member may not
1102 serve more than 8 consecutive years unless approved by an
1103 affirmative vote of unit owners representing two-thirds of all
1104 votes cast in the election or unless there are not enough
1105 eligible candidates to fill the vacancies on the board at the
1106 time of the vacancy. If the number of board members whose terms
1107 expire at the annual meeting equals or exceeds the number of
1108 candidates, the candidates become members of the board effective
1109 upon the adjournment of the annual meeting. Unless the bylaws
1110 provide otherwise, any remaining vacancies shall be filled by
1111 the affirmative vote of the majority of the directors making up
1112 the newly constituted board even if the directors constitute
1113 less than a quorum or there is only one director. In a
1114 residential condominium association of more than 10 units or in
1115 a residential condominium association that does not include
1116 timeshare units or timeshare interests, co-owners of a unit may
1117 not serve as members of the board of directors at the same time
1118 unless they own more than one unit or unless there are not
1119 enough eligible candidates to fill the vacancies on the board at
1120 the time of the vacancy. A unit owner in a residential
1121 condominium desiring to be a candidate for board membership must
1122 comply with sub-subparagraph 4.a. and must be eligible to be a
1123 candidate to serve on the board of directors at the time of the
1124 deadline for submitting a notice of intent to run in order to
1125 have his or her name listed as a proper candidate on the ballot
1126 or to serve on the board. A person who has been suspended or
1127 removed by the division under this chapter, or who is delinquent
1128 in the payment of any assessment monetary obligation due to the
1129 association, is not eligible to be a candidate for board
1130 membership and may not be listed on the ballot. For purposes of
1131 this paragraph, a person is delinquent if a payment is not made
1132 by the due date as specifically identified in the declaration of
1133 condominium, bylaws, or articles of incorporation. If a due date
1134 is not specifically identified in the declaration of
1135 condominium, bylaws, or articles of incorporation, the due date
1136 is the first day of the assessment period. A person who has been
1137 convicted of any felony in this state or in a United States
1138 District or Territorial Court, or who has been convicted of any
1139 offense in another jurisdiction which would be considered a
1140 felony if committed in this state, is not eligible for board
1141 membership unless such felon’s civil rights have been restored
1142 for at least 5 years as of the date such person seeks election
1143 to the board. The validity of an action by the board is not
1144 affected if it is later determined that a board member is
1145 ineligible for board membership due to having been convicted of
1146 a felony. This subparagraph does not limit the term of a member
1147 of the board of a nonresidential or timeshare condominium.
1148 3. The bylaws must provide the method of calling meetings
1149 of unit owners, including annual meetings. Written notice must
1150 include an agenda, must be mailed, hand delivered, or
1151 electronically transmitted to each unit owner at least 14 days
1152 before the annual meeting, and must be posted in a conspicuous
1153 place on the condominium property at least 14 continuous days
1154 before the annual meeting. Upon notice to the unit owners, the
1155 board shall, by duly adopted rule, designate a specific location
1156 on the condominium property where all notices of unit owner
1157 meetings must be posted. This requirement does not apply if
1158 there is no condominium property for posting notices. In lieu
1159 of, or in addition to, the physical posting of meeting notices,
1160 the association may, by reasonable rule, adopt a procedure for
1161 conspicuously posting and repeatedly broadcasting the notice and
1162 the agenda on a closed-circuit cable television system serving
1163 the condominium association. However, if broadcast notice is
1164 used in lieu of a notice posted physically on the condominium
1165 property, the notice and agenda must be broadcast at least four
1166 times every broadcast hour of each day that a posted notice is
1167 otherwise required under this section. If broadcast notice is
1168 provided, the notice and agenda must be broadcast in a manner
1169 and for a sufficient continuous length of time so as to allow an
1170 average reader to observe the notice and read and comprehend the
1171 entire content of the notice and the agenda. In addition to any
1172 of the authorized means of providing notice of a meeting of the
1173 board, the association may, by rule, adopt a procedure for
1174 conspicuously posting the meeting notice and the agenda on a
1175 website serving the condominium association for at least the
1176 minimum period of time for which a notice of a meeting is also
1177 required to be physically posted on the condominium property.
1178 Any rule adopted shall, in addition to other matters, include a
1179 requirement that the association send an electronic notice in
1180 the same manner as a notice for a meeting of the members, which
1181 must include a hyperlink to the website where the notice is
1182 posted, to unit owners whose e-mail addresses are included in
1183 the association’s official records. Unless a unit owner waives
1184 in writing the right to receive notice of the annual meeting,
1185 such notice must be hand delivered, mailed, or electronically
1186 transmitted to each unit owner. Notice for meetings and notice
1187 for all other purposes must be mailed to each unit owner at the
1188 address last furnished to the association by the unit owner, or
1189 hand delivered to each unit owner. However, if a unit is owned
1190 by more than one person, the association must provide notice to
1191 the address that the developer identifies for that purpose and
1192 thereafter as one or more of the owners of the unit advise the
1193 association in writing, or if no address is given or the owners
1194 of the unit do not agree, to the address provided on the deed of
1195 record. An officer of the association, or the manager or other
1196 person providing notice of the association meeting, must provide
1197 an affidavit or United States Postal Service certificate of
1198 mailing, to be included in the official records of the
1199 association affirming that the notice was mailed or hand
1200 delivered in accordance with this provision.
1201 4. The members of the board of a residential condominium
1202 shall be elected by written ballot or voting machine. Proxies
1203 may not be used in electing the board in general elections or
1204 elections to fill vacancies caused by recall, resignation, or
1205 otherwise, unless otherwise provided in this chapter. This
1206 subparagraph does not apply to an association governing a
1207 timeshare condominium.
1208 a. At least 60 days before a scheduled election, the
1209 association shall mail, deliver, or electronically transmit, by
1210 separate association mailing or included in another association
1211 mailing, delivery, or transmission, including regularly
1212 published newsletters, to each unit owner entitled to a vote, a
1213 first notice of the date of the election. A unit owner or other
1214 eligible person desiring to be a candidate for the board must
1215 give written notice of his or her intent to be a candidate to
1216 the association at least 40 days before a scheduled election.
1217 Together with the written notice and agenda as set forth in
1218 subparagraph 3., the association shall mail, deliver, or
1219 electronically transmit a second notice of the election to all
1220 unit owners entitled to vote, together with a ballot that lists
1221 all candidates. Upon request of a candidate, an information
1222 sheet, no larger than 8 1/2 inches by 11 inches, which must be
1223 furnished by the candidate at least 35 days before the election,
1224 must be included with the mailing, delivery, or transmission of
1225 the ballot, with the costs of mailing, delivery, or electronic
1226 transmission and copying to be borne by the association. The
1227 association is not liable for the contents of the information
1228 sheets prepared by the candidates. In order to reduce costs, the
1229 association may print or duplicate the information sheets on
1230 both sides of the paper. The division shall by rule establish
1231 voting procedures consistent with this sub-subparagraph,
1232 including rules establishing procedures for giving notice by
1233 electronic transmission and rules providing for the secrecy of
1234 ballots. Elections shall be decided by a plurality of ballots
1235 cast. There is no quorum requirement; however, at least 20
1236 percent of the eligible voters must cast a ballot in order to
1237 have a valid election. A unit owner may not authorize any other
1238 person to vote his or her ballot, and any ballots improperly
1239 cast are invalid. A unit owner who violates this provision may
1240 be fined by the association in accordance with s. 718.303. A
1241 unit owner who needs assistance in casting the ballot for the
1242 reasons stated in s. 101.051 may obtain such assistance. The
1243 regular election must occur on the date of the annual meeting.
1244 Notwithstanding this sub-subparagraph, an election is not
1245 required unless more candidates file notices of intent to run or
1246 are nominated than board vacancies exist.
1247 b. Within 90 days after being elected or appointed to the
1248 board of an association of a residential condominium, each newly
1249 elected or appointed director shall certify in writing to the
1250 secretary of the association that he or she has read the
1251 association’s declaration of condominium, articles of
1252 incorporation, bylaws, and current written policies; that he or
1253 she will work to uphold such documents and policies to the best
1254 of his or her ability; and that he or she will faithfully
1255 discharge his or her fiduciary responsibility to the
1256 association’s members. In lieu of this written certification,
1257 within 90 days after being elected or appointed to the board,
1258 the newly elected or appointed director may submit a certificate
1259 of having satisfactorily completed the educational curriculum
1260 administered by a division-approved condominium education
1261 provider within 1 year before or 90 days after the date of
1262 election or appointment. The written certification or
1263 educational certificate is valid and does not have to be
1264 resubmitted as long as the director serves on the board without
1265 interruption. A director of an association of a residential
1266 condominium who fails to timely file the written certification
1267 or educational certificate is suspended from service on the
1268 board until he or she complies with this sub-subparagraph. The
1269 board may temporarily fill the vacancy during the period of
1270 suspension. The secretary shall cause the association to retain
1271 a director’s written certification or educational certificate
1272 for inspection by the members for 5 years after a director’s
1273 election or the duration of the director’s uninterrupted tenure,
1274 whichever is longer. Failure to have such written certification
1275 or educational certificate on file does not affect the validity
1276 of any board action.
1277 c. Any challenge to the election process must be commenced
1278 within 60 days after the election results are announced.
1279 5. Any approval by unit owners called for by this chapter
1280 or the applicable declaration or bylaws, including, but not
1281 limited to, the approval requirement in s. 718.111(8), must be
1282 made at a duly noticed meeting of unit owners and is subject to
1283 all requirements of this chapter or the applicable condominium
1284 documents relating to unit owner decisionmaking, except that
1285 unit owners may take action by written agreement, without
1286 meetings, on matters for which action by written agreement
1287 without meetings is expressly allowed by the applicable bylaws
1288 or declaration or any law that provides for such action.
1289 6. Unit owners may waive notice of specific meetings if
1290 allowed by the applicable bylaws or declaration or any law.
1291 Notice of meetings of the board of administration, unit owner
1292 meetings, except unit owner meetings called to recall board
1293 members under paragraph (j), and committee meetings may be given
1294 by electronic transmission to unit owners who consent to receive
1295 notice by electronic transmission. A unit owner who consents to
1296 receiving notices by electronic transmission is solely
1297 responsible for removing or bypassing filters that block receipt
1298 of mass emails sent to members on behalf of the association in
1299 the course of giving electronic notices.
1300 7. Unit owners have the right to participate in meetings of
1301 unit owners with reference to all designated agenda items.
1302 However, the association may adopt reasonable rules governing
1303 the frequency, duration, and manner of unit owner participation.
1304 8. A unit owner may tape record or videotape a meeting of
1305 the unit owners subject to reasonable rules adopted by the
1306 division.
1307 9. Unless otherwise provided in the bylaws, any vacancy
1308 occurring on the board before the expiration of a term may be
1309 filled by the affirmative vote of the majority of the remaining
1310 directors, even if the remaining directors constitute less than
1311 a quorum, or by the sole remaining director. In the alternative,
1312 a board may hold an election to fill the vacancy, in which case
1313 the election procedures must conform to sub-subparagraph 4.a.
1314 unless the association governs 10 units or fewer and has opted
1315 out of the statutory election process, in which case the bylaws
1316 of the association control. Unless otherwise provided in the
1317 bylaws, a board member appointed or elected under this section
1318 shall fill the vacancy for the unexpired term of the seat being
1319 filled. Filling vacancies created by recall is governed by
1320 paragraph (j) and rules adopted by the division.
1321 10. This chapter does not limit the use of general or
1322 limited proxies, require the use of general or limited proxies,
1323 or require the use of a written ballot or voting machine for any
1324 agenda item or election at any meeting of a timeshare
1325 condominium association or nonresidential condominium
1326 association.
1327
1328 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1329 association of 10 or fewer units may, by affirmative vote of a
1330 majority of the total voting interests, provide for different
1331 voting and election procedures in its bylaws, which may be by a
1332 proxy specifically delineating the different voting and election
1333 procedures. The different voting and election procedures may
1334 provide for elections to be conducted by limited or general
1335 proxy.
1336 (f) Annual budget.—
1337 1. The proposed annual budget of estimated revenues and
1338 expenses must be detailed and must show the amounts budgeted by
1339 accounts and expense classifications, including, at a minimum,
1340 any applicable expenses listed in s. 718.504(21). The annual
1341 budget must be proposed to unit owners and adopted by the board
1342 of directors no later than 30 days before the beginning of the
1343 fiscal year. A multicondominium association shall adopt a
1344 separate budget of common expenses for each condominium the
1345 association operates and shall adopt a separate budget of common
1346 expenses for the association. In addition, if the association
1347 maintains limited common elements with the cost to be shared
1348 only by those entitled to use the limited common elements as
1349 provided for in s. 718.113(1), the budget or a schedule attached
1350 to it must show the amount budgeted for this maintenance. If,
1351 after turnover of control of the association to the unit owners,
1352 any of the expenses listed in s. 718.504(21) are not applicable,
1353 they need not be listed.
1354 2.a. In addition to annual operating expenses, the budget
1355 must include reserve accounts for capital expenditures and
1356 deferred maintenance. These accounts must include, but are not
1357 limited to, roof replacement, building painting, and pavement
1358 resurfacing, regardless of the amount of deferred maintenance
1359 expense or replacement cost, and any other item that has a
1360 deferred maintenance expense or replacement cost that exceeds
1361 $10,000. The amount to be reserved must be computed using a
1362 formula based upon estimated remaining useful life and estimated
1363 replacement cost or deferred maintenance expense of each reserve
1364 item. The association may adjust replacement reserve assessments
1365 annually to take into account any changes in estimates or
1366 extension of the useful life of a reserve item caused by
1367 deferred maintenance. This subsection does not apply to an
1368 adopted budget in which the members of an association have
1369 determined, by a majority vote at a duly called meeting of the
1370 association, to provide no reserves or less reserves than
1371 required by this subsection.
1372 b. Before turnover of control of an association by a
1373 developer to unit owners other than a developer pursuant to s.
1374 718.301, the developer may vote the voting interests allocated
1375 to its units to waive the reserves or reduce the funding of
1376 reserves through the period expiring at the end of the second
1377 fiscal year after the fiscal year in which the certificate of a
1378 surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
1379 an instrument that transfers title to a unit in the condominium
1380 which is not accompanied by a recorded assignment of developer
1381 rights in favor of the grantee of such unit is recorded,
1382 whichever occurs first, after which time reserves may be waived
1383 or reduced only upon the vote of a majority of all nondeveloper
1384 voting interests voting in person or by limited proxy at a duly
1385 called meeting of the association. If a meeting of the unit
1386 owners has been called to determine whether to waive or reduce
1387 the funding of reserves and no such result is achieved or a
1388 quorum is not attained, the reserves included in the budget
1389 shall go into effect. After the turnover, the developer may vote
1390 its voting interest to waive or reduce the funding of reserves.
1391 3. Reserve funds and any interest accruing thereon shall
1392 remain in the reserve account or accounts, and may be used only
1393 for authorized reserve expenditures unless their use for other
1394 purposes is approved in advance by a majority vote at a duly
1395 called meeting of the association. Before turnover of control of
1396 an association by a developer to unit owners other than the
1397 developer pursuant to s. 718.301, the developer-controlled
1398 association may not vote to use reserves for purposes other than
1399 those for which they were intended without the approval of a
1400 majority of all nondeveloper voting interests, voting in person
1401 or by limited proxy at a duly called meeting of the association.
1402 4. The only voting interests that are eligible to vote on
1403 questions that involve waiving or reducing the funding of
1404 reserves, or using existing reserve funds for purposes other
1405 than purposes for which the reserves were intended, are the
1406 voting interests of the units subject to assessment to fund the
1407 reserves in question. Proxy questions relating to waiving or
1408 reducing the funding of reserves or using existing reserve funds
1409 for purposes other than purposes for which the reserves were
1410 intended must contain the following statement in capitalized,
1411 bold letters in a font size larger than any other used on the
1412 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1413 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1414 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1415 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1416 Section 22. Paragraph (m) of subsection (1) of section
1417 718.501, Florida Statutes, is amended to read:
1418 718.501 Authority, responsibility, and duties of Division
1419 of Florida Condominiums, Timeshares, and Mobile Homes.—
1420 (1) The division may enforce and ensure compliance with the
1421 provisions of this chapter and rules relating to the
1422 development, construction, sale, lease, ownership, operation,
1423 and management of residential condominium units. In performing
1424 its duties, the division has complete jurisdiction to
1425 investigate complaints and enforce compliance with respect to
1426 associations that are still under developer control or the
1427 control of a bulk assignee or bulk buyer pursuant to part VII of
1428 this chapter and complaints against developers, bulk assignees,
1429 or bulk buyers involving improper turnover or failure to
1430 turnover, pursuant to s. 718.301. However, after turnover has
1431 occurred, the division has jurisdiction to investigate
1432 complaints related only to financial issues, elections, and unit
1433 owner access to association records pursuant to s. 718.111(12).
1434 (m) If a complaint is made, the division must conduct its
1435 inquiry with due regard for the interests of the affected
1436 parties. Within 30 days after receipt of a complaint, the
1437 division shall acknowledge the complaint in writing and notify
1438 the complainant whether the complaint is within the jurisdiction
1439 of the division and whether additional information is needed by
1440 the division from the complainant. The division shall conduct
1441 its investigation and, within 90 days after receipt of the
1442 original complaint or of timely requested additional
1443 information, take action upon the complaint. However, the
1444 failure to complete the investigation within 90 days does not
1445 prevent the division from continuing the investigation,
1446 accepting or considering evidence obtained or received after 90
1447 days, or taking administrative action if reasonable cause exists
1448 to believe that a violation of this chapter or a rule has
1449 occurred. If an investigation is not completed within the time
1450 limits established in this paragraph, the division shall, on a
1451 monthly basis, notify the complainant in writing of the status
1452 of the investigation. When reporting its action to the
1453 complainant, the division shall inform the complainant of any
1454 right to a hearing pursuant to ss. 120.569 and 120.57. The
1455 division may adopt rules regarding the submission of a complaint
1456 against an association.
1457 Section 23. Section 718.5014, Florida Statutes, is amended
1458 to read:
1459 718.5014 Ombudsman location.—The ombudsman shall maintain
1460 his or her principal office at a in Leon County on the premises
1461 of the division or, if suitable space cannot be provided there,
1462 at another place convenient to the offices of the division which
1463 will enable the ombudsman to expeditiously carry out the duties
1464 and functions of his or her office. The ombudsman may establish
1465 branch offices elsewhere in the state upon the concurrence of
1466 the Governor.
1467 Section 24. Subsection (1) of section 455.219, Florida
1468 Statutes, is amended to read:
1469 455.219 Fees; receipts; disposition; periodic management
1470 reports.—
1471 (1) Each board within the department shall determine by
1472 rule the amount of license fees for its profession, based upon
1473 department-prepared long-range estimates of the revenue required
1474 to implement all provisions of law relating to the regulation of
1475 professions by the department and any board; however, when the
1476 department has determined, based on the long-range estimates of
1477 such revenue, that a profession’s trust fund moneys are in
1478 excess of the amount required to cover the necessary functions
1479 of the board, or the department when there is no board, the
1480 department may adopt rules to implement a waiver of license
1481 renewal fees for that profession for a period not to exceed 2
1482 years, as determined by the department. Each board, or the
1483 department when there is no board, shall ensure license fees are
1484 adequate to cover all anticipated costs and to maintain a
1485 reasonable cash balance, as determined by rule of the
1486 department, with advice of the applicable board. If sufficient
1487 action is not taken by a board within 1 year of notification by
1488 the department that license fees are projected to be inadequate,
1489 the department shall set license fees on behalf of the
1490 applicable board to cover anticipated costs and to maintain the
1491 required cash balance. The department shall include recommended
1492 fee cap increases in its annual report to the Legislature.
1493 Further, it is legislative intent that no regulated profession
1494 operate with a negative cash balance. The department may provide
1495 by rule for the advancement of sufficient funds to any
1496 profession or the Florida Athletic State Boxing Commission
1497 operating with a negative cash balance. Such advancement may be
1498 for a period not to exceed 2 consecutive years and shall require
1499 interest to be paid by the regulated profession. Interest shall
1500 be calculated at the current rate earned on Professional
1501 Regulation Trust Fund investments. Interest earned shall be
1502 allocated to the various funds in accordance with the allocation
1503 of investment earnings during the period of the advance.
1504 Section 25. Subsection (4) of section 548.002, Florida
1505 Statutes, is amended to read:
1506 548.002 Definitions.—As used in this chapter, the term:
1507 (4) “Commission” means the Florida Athletic State Boxing
1508 Commission.
1509 Section 26. Subsections (3) and (4) of section 548.05,
1510 Florida Statutes, are amended to read:
1511 548.05 Control of contracts.—
1512 (3) The commission may require that each contract contain
1513 language authorizing the Florida State Boxing commission to
1514 withhold any or all of any manager’s share of a purse in the
1515 event of a contractual dispute as to entitlement to any portion
1516 of a purse. The commission may establish rules governing the
1517 manner of resolution of such dispute. In addition, if the
1518 commission deems it appropriate, the commission is hereby
1519 authorized to implead interested parties over any disputed funds
1520 into the appropriate circuit court for resolution of the dispute
1521 before prior to release of all or any part of the funds.
1522 (4) Each contract subject to this section shall contain the
1523 following clause: “This agreement is subject to the provisions
1524 of chapter 548, Florida Statutes, and to the rules of the
1525 Florida Athletic State Boxing Commission and to any future
1526 amendments of either.”
1527 Section 27. Subsection (12) of section 548.071, Florida
1528 Statutes, is amended to read:
1529 548.071 Suspension or revocation of license or permit by
1530 commission.—The commission may suspend or revoke a license or
1531 permit if the commission finds that the licensee or permittee:
1532 (12) Has been disciplined by the Florida State Boxing
1533 commission or similar agency or body of any jurisdiction.
1534 Section 28. Section 548.077, Florida Statutes, is amended
1535 to read:
1536 548.077 Florida Athletic State Boxing Commission;
1537 collection and disposition of moneys.—All fees, fines,
1538 forfeitures, and other moneys collected under the provisions of
1539 this chapter shall be paid by the commission to the Chief
1540 Financial Officer who, after the expenses of the commission are
1541 paid, shall deposit them in the Professional Regulation Trust
1542 Fund to be used for the administration and operation of the
1543 commission and to enforce the laws and rules under its
1544 jurisdiction. In the event the unexpended balance of such moneys
1545 collected under the provisions of this chapter exceeds $250,000,
1546 any excess of that amount shall be deposited in the General
1547 Revenue Fund.
1548 Section 29. This act shall take effect July 1, 2021.