Florida Senate - 2021                             CS for SB 1966
       
       
        
       By the Committee on Regulated Industries; and Senators Diaz and
       Garcia
       
       
       
       
       580-03583-21                                          20211966c1
    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         488.509, F.S.; deleting requirements relating to
   25         certain fees collected by the department for
   26         electrical and alarm system contracting; amending s.
   27         499.01, F.S.; exempting certain persons from specified
   28         permit requirements under certain circumstances;
   29         requiring an exempt cosmetics manufacturer to provide,
   30         upon request, to the department specified
   31         documentation verifying his or her annual gross sales;
   32         authorizing an exempt cosmetics manufacturer to only
   33         manufacture and sell specified products; requiring
   34         specified labeling for each unit of cosmetics
   35         manufactured by an exempt cosmetics manufacturer;
   36         authorizing the department to investigate complaints
   37         and to enter and inspect the premises of an exempt
   38         cosmetics manufacturer; providing disciplinary
   39         actions; providing construction; amending s. 499.012,
   40         F.S.; authorizing specified establishments to submit a
   41         request for a temporary permit; requiring such
   42         establishments to submit the request to the department
   43         on specified forms; providing that upon authorization
   44         by the department for a temporary permit for a certain
   45         location, the existing permit for such location is
   46         immediately null and void; prohibiting a temporary
   47         permit from being extended; providing for expiration
   48         of a temporary permit; prohibiting an establishment
   49         from operating under an expired temporary permit;
   50         amending s. 499.066, F.S.; requiring the department to
   51         adopt rules to permit the issuance of remedial,
   52         nondisciplinary citations; providing requirements for
   53         such citations; providing for contest of and the
   54         rescinding of a citation; authorizing the department
   55         to recover specified costs relating to a citation;
   56         providing a timeframe for when a citation may be
   57         issued; providing requirements for the service of a
   58         citation; authorizing the department to adopt and
   59         amend rules, designate violations and monetary
   60         assessments, and order remedial measures that must be
   61         taken for such violations; amending s. 509.241, F.S.;
   62         revising rulemaking requirements relating to public
   63         lodging and food service licenses; amending s.
   64         509.251, F.S.; deleting provisions relating to fee
   65         schedule requirements; specifying that all fees are
   66         payable in full upon submission of an application for
   67         a public lodging establishment license or a public
   68         food service license; amending s. 548.003, F.S.;
   69         renaming the Florida State Boxing Commission as the
   70         Florida Athletic Commission; amending s. 548.043,
   71         F.S.; revising rulemaking requirements for the
   72         commission relating to gloves; amending s. 553.841,
   73         F.S.; conforming a provision to changes made by the
   74         act; amending s. 561.01, F.S.; deleting the definition
   75         of the term “permit carrier”; amending s. 561.17,
   76         F.S.; revising a requirement related to the filing of
   77         fingerprints with the division; requiring that
   78         applications be accompanied by certain information
   79         relating to right of occupancy; providing requirements
   80         relating to contact information for licensees and
   81         permittees; amending s. 561.19, F.S.; revising
   82         provisions relating to the availability of beverage
   83         licenses to include by reason of the cancellation of a
   84         quota beverage license; amending s. 561.20, F.S.;
   85         conforming cross-references; revising requirements for
   86         issuing special licenses to certain food service
   87         establishments; amending s. 561.42, F.S.; requiring
   88         the division, and authorizing vendors, to use
   89         electronic mail to give certain notice; amending s.
   90         561.55, F.S.; revising requirements for reports
   91         relating to alcoholic beverages; amending s. 562.455,
   92         F.S.; removing grains of paradise as a form of
   93         adulteration of liquor used or intended for drink;
   94         amending s. 718.112, F.S.; providing the circumstances
   95         under which a person is delinquent in the payment of
   96         an assessment in the context of eligibility for
   97         membership on certain condominium boards; requiring
   98         that an annual budget be proposed to unit owners and
   99         adopted by the board before a specified time; amending
  100         s. 718.501, F.S.; authorizing the Division of Florida
  101         Condominiums, Timeshares, and Mobile Homes to adopt
  102         rules regarding the submission of complaints against a
  103         condominium association; amending s. 718.5014, F.S.;
  104         revising the location requirements for the principal
  105         office of the condominium ombudsman; amending ss.
  106         455.219, 548.002, 548.05, 548.071, and 548.077, F.S.;
  107         conforming provisions to changes made by the act;
  108         providing an effective date.
  109          
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Subsections (2) and (3) of section 210.09,
  113  Florida Statutes, are amended to read:
  114         210.09 Records to be kept; reports to be made;
  115  examination.—
  116         (2) The division is authorized to prescribe and promulgate
  117  by rules and regulations, which shall have the force and effect
  118  of the law, such records to be kept and reports to be made to
  119  the division by any manufacturer, importer, distributing agent,
  120  wholesale dealer, retail dealer, common carrier, or any other
  121  person handling, transporting or possessing cigarettes for sale
  122  or distribution within the state as may be necessary to collect
  123  and properly distribute the taxes imposed by s. 210.02. All
  124  reports shall be made on or before the 10th day of the month
  125  following the month for which the report is made, unless the
  126  division by rule or regulation shall prescribe that reports be
  127  made more often. All reports shall be filed with the division
  128  through the division’s electronic data submission system.
  129         (3) All manufacturers, importers, distributing agents,
  130  wholesale dealers, agents, or retail dealers shall maintain and
  131  keep for a period of 3 years at the place of business where any
  132  transaction takes place, such records of cigarettes received,
  133  sold, or delivered within the state as may be required by the
  134  division. Such records may be kept in an electronic or paper
  135  format. The division or its duly authorized representative is
  136  hereby authorized to examine the books, papers, invoices, and
  137  other records, the stock of cigarettes in and upon any premises
  138  where the same are placed, stored, and sold, and the equipment
  139  of any such manufacturers, importers, distributing agents,
  140  wholesale dealers, agents, or retail dealers, pertaining to the
  141  sale and delivery of cigarettes taxable under this part. To
  142  verify the accuracy of the tax imposed and assessed by this
  143  part, each person is hereby directed and required to give to the
  144  division or its duly authorized representatives the means,
  145  facilities, and opportunity for such examinations as are herein
  146  provided for and required.
  147         Section 2. Section 210.55, Florida Statutes, is amended to
  148  read:
  149         210.55 Distributors; monthly reports returns.—
  150         (1) On or before the 10th of each month, every taxpayer
  151  with a place of business in this state shall file a full and
  152  complete report return with the division showing the taxable
  153  price of each tobacco product brought or caused to be brought
  154  into this state for sale, or made, manufactured, or fabricated
  155  in this state for sale in this state, during the preceding
  156  month. Every taxpayer outside this state shall file a full and
  157  complete report with the division through the division’s
  158  electronic data submission system return showing the quantity
  159  and taxable price of each tobacco product shipped or transported
  160  to retailers in this state, to be sold by those retailers,
  161  during the preceding month. Reports must Returns shall be made
  162  upon forms furnished and prescribed by the division and must
  163  shall contain any other information that the division requires.
  164  Each report must return shall be accompanied by a remittance for
  165  the full tax liability shown and be filed with the division
  166  through the division’s electronic data submission system.
  167         (2) As soon as practicable after any report return is
  168  filed, the division shall examine each report return and correct
  169  it, if necessary, according to its best judgment and
  170  information. If the division finds that any amount of tax is due
  171  from the taxpayer and unpaid, it shall notify the taxpayer of
  172  the deficiency, stating that it proposes to assess the amount
  173  due together with interest and penalties. If a deficiency
  174  disclosed by the division’s examination cannot be allocated to
  175  one or more particular months, the division shall notify the
  176  taxpayer of the deficiency, stating its intention to assess the
  177  amount due for a given period without allocating it to any
  178  particular months.
  179         (3) If, within 60 days after the mailing of notice of the
  180  proposed assessment, the taxpayer files a protest to the
  181  proposed assessment and requests a hearing on it, the division
  182  shall give notice to the taxpayer of the time and place fixed
  183  for the hearing, shall hold a hearing on the protest, and shall
  184  issue a final assessment to the taxpayer for the amount found to
  185  be due as a result of the hearing. If a protest is not filed
  186  within 60 days, the division shall issue a final assessment to
  187  the taxpayer. In any action or proceeding in respect to the
  188  proposed assessment, the taxpayer shall have the burden of
  189  establishing the incorrectness or invalidity of any final
  190  assessment made by the division.
  191         (4) If any taxpayer required to file any report return
  192  fails to do so within the time prescribed, the taxpayer shall,
  193  on the written demand of the division, file the report return
  194  within 20 days after mailing of the demand and at the same time
  195  pay the tax due on its basis. If the taxpayer fails within that
  196  time to file the report return, the division shall prepare the
  197  report return from its own knowledge and from the information
  198  that it obtains and on that basis shall assess a tax, which
  199  shall be paid within 10 days after the division has mailed to
  200  the taxpayer a written notice of the amount and a demand for its
  201  payment. In any action or proceeding in respect to the
  202  assessment, the taxpayer shall have the burden of establishing
  203  the incorrectness or invalidity of any report return or
  204  assessment made by the division because of the failure of the
  205  taxpayer to make a report return.
  206         (5) All taxes are due not later than the 10th day of the
  207  month following the calendar month in which they were incurred,
  208  and thereafter shall bear interest at the annual rate of 12
  209  percent. If the amount of tax due for a given period is assessed
  210  without allocating it to any particular month, the interest
  211  shall begin with the date of the assessment.
  212         (6) In issuing its final assessment, the division shall add
  213  to the amount of tax found due and unpaid a penalty of 10
  214  percent, but if it finds that the taxpayer has made a false
  215  report return with intent to evade the tax, the penalty shall be
  216  50 percent of the entire tax as shown by the corrected report
  217  return. In assessing a tax on the basis of a report return made
  218  under subsection (4), the division shall add to the amount of
  219  tax found due and unpaid a penalty of 25 percent.
  220         (7) For the purpose of compensating the distributor for the
  221  keeping of prescribed records and the proper accounting and
  222  remitting of taxes imposed under this part, the distributor
  223  shall be allowed 1 percent of the amount of the tax due and
  224  accounted for and remitted to the division in the form of a
  225  deduction in submitting his or her report and paying the amount
  226  due; and the division shall allow such deduction of 1 percent of
  227  the amount of the tax to the person paying the same for
  228  remitting the tax in the manner herein provided, for paying the
  229  amount due to be paid by him or her, and as further compensation
  230  to the distributor for the keeping of prescribed records and for
  231  collection of taxes and remitting the same.
  232         (a) The collection allowance may not be granted, nor may
  233  any deduction be permitted, if the tax is delinquent at the time
  234  of payment.
  235         (b) The division may reduce the collection allowance by 10
  236  percent or $50, whichever is less, if a taxpayer files an
  237  incomplete report return.
  238         1. An “incomplete report returnmeans is, for purposes of
  239  this section part, a report return which is lacking such
  240  uniformity, completeness, and arrangement that the physical
  241  handling, verification, or review of the report return may not
  242  be readily accomplished.
  243         2. The division shall adopt rules requiring such
  244  information as it may deem necessary to ensure that the tax
  245  levied hereunder is properly collected, reviewed, compiled, and
  246  enforced, including, but not limited to: the amount of taxable
  247  sales; the amount of tax collected or due; the amount claimed as
  248  the collection allowance; the amount of penalty and interest;
  249  the amount due with the report return; and such other
  250  information as the division may specify.
  251         Section 3. Section 210.60, Florida Statutes, is amended to
  252  read:
  253         210.60 Books, records, and invoices to be kept and
  254  preserved; inspection by agents of division.—Every distributor
  255  shall keep in each licensed place of business complete and
  256  accurate records for that place of business, including itemized
  257  invoices of tobacco products held, purchased, manufactured,
  258  brought in or caused to be brought in from without the state, or
  259  shipped or transported to retailers in this state, and of all
  260  sales of tobacco products made, except sales to an ultimate
  261  consumer. Such records shall show the names and addresses of
  262  purchasers and other pertinent papers and documents relating to
  263  the purchase, sale, or disposition of tobacco products. When a
  264  licensed distributor sells tobacco products exclusively to
  265  ultimate consumers at the addresses given in the license, no
  266  invoice of those sales shall be required, but itemized invoices
  267  shall be made of all tobacco products transferred to other
  268  retail outlets owned or controlled by that licensed distributor.
  269  All books, records and other papers, and other documents
  270  required by this section to be kept shall be preserved for a
  271  period of at least 3 years after the date of the documents, as
  272  aforesaid, or the date of the entries thereof appearing in the
  273  records, unless the division, in writing, authorizes their
  274  destruction or disposal at an earlier date. At any time during
  275  usual business hours, duly authorized agents or employees of the
  276  division may enter any place of business of a distributor and
  277  inspect the premises, the records required to be kept under this
  278  part, and the tobacco products contained therein to determine
  279  whether all the provisions of this part are being fully complied
  280  with. Refusal to permit such inspection by a duly authorized
  281  agent or employee of the division shall be grounds for
  282  revocation of the license. Every person who sells tobacco
  283  products to persons other than an ultimate consumer shall render
  284  with each sale an itemized invoice showing the seller’s name and
  285  address, the purchaser’s name and address, the date of sale, and
  286  all prices and discounts. The seller shall preserve legible
  287  copies of all such invoices for 3 years from the date of sale.
  288  Every retailer shall produce itemized invoices of all tobacco
  289  products purchased. The invoices shall show the name and address
  290  of the seller and the date of purchase. The retailer shall
  291  preserve a legible copy of each such invoice for 3 years from
  292  the date of purchase. Invoices shall be available for inspection
  293  by authorized agents or employees of the division at the
  294  retailer’s place of business. Any records required by this
  295  section may be kept in an electronic or paper format.
  296         Section 4. Subsection (3) of section 489.109, Florida
  297  Statutes, is amended to read:
  298         489.109 Fees.—
  299         (3)In addition to the fees provided in subsection (1) for
  300  application and renewal for certification and registration, all
  301  certificateholders and registrants must pay a fee of $4 to the
  302  department at the time of application or renewal. The funds must
  303  be transferred at the end of each licensing period to the
  304  department to fund projects relating to the building
  305  construction industry or continuing education programs offered
  306  to persons engaged in the building construction industry in
  307  Florida, to be selected by the Florida Building Commission. The
  308  board shall, at the time the funds are transferred, advise the
  309  department on the most needed areas of research or continuing
  310  education based on significant changes in the industry’s
  311  practices or on changes in the state building code or on the
  312  most common types of consumer complaints or on problems costing
  313  the state or local governmental entities substantial waste. The
  314  board’s advice is not binding on the department. The department
  315  shall ensure the distribution of research reports and the
  316  availability of continuing education programs to all segments of
  317  the building construction industry to which they relate. The
  318  department shall report to the board in October of each year,
  319  summarizing the allocation of the funds by institution and
  320  summarizing the new projects funded and the status of previously
  321  funded projects.
  322         Section 5. Section 489.118, Florida Statutes, is amended to
  323  read:
  324         489.118 Certification of registered contractors;
  325  grandfathering provisions.—The board shall, upon receipt of a
  326  completed application and appropriate fee, issue a certificate
  327  in the appropriate category to any contractor registered under
  328  this part who makes application to the board and can show that
  329  he or she meets each of the following requirements:
  330         (1) Currently holds a valid registered local license in one
  331  of the contractor categories defined in s. 489.105(3)(a)-(p).
  332         (2) Has, for that category, passed a written examination
  333  that the board finds to be substantially similar to the
  334  examination required to be licensed as a certified contractor
  335  under this part. For purposes of this subsection, a written,
  336  proctored examination such as that produced by the National
  337  Assessment Institute, Block and Associates, NAI/Block, Experior
  338  Assessments, Professional Testing, Inc., or Assessment Systems,
  339  Inc., shall be considered to be substantially similar to the
  340  examination required to be licensed as a certified contractor.
  341  The board may not impose or make any requirements regarding the
  342  nature or content of these cited examinations.
  343         (3) Has at least 5 years of experience as a contractor in
  344  that contracting category, or as an inspector or building
  345  administrator with oversight over that category, at the time of
  346  application. For contractors, only time periods in which the
  347  contractor license is active and the contractor is not on
  348  probation shall count toward the 5 years required by this
  349  subsection.
  350         (4) Has not had his or her contractor’s license revoked at
  351  any time, had his or her contractor’s license suspended within
  352  the last 5 years, or been assessed a fine in excess of $500
  353  within the last 5 years.
  354         (5) Is in compliance with the insurance and financial
  355  responsibility requirements in s. 489.115(5).
  356  
  357  Applicants wishing to obtain a certificate pursuant to this
  358  section must make application by November 1, 2015.
  359         Section 6. Subsection (3) of section 489.509, Florida
  360  Statutes, is amended, and subsection (1) of that section is
  361  republished, to read:
  362         489.509 Fees.—
  363         (1) The board, by rule, shall establish fees to be paid for
  364  applications, examination, reexamination, transfers, licensing
  365  and renewal, reinstatement, and recordmaking and recordkeeping.
  366  The examination fee shall be in an amount that covers the cost
  367  of obtaining and administering the examination and shall be
  368  refunded if the applicant is found ineligible to sit for the
  369  examination. The application fee is nonrefundable. The fee for
  370  initial application and examination for certification of
  371  electrical contractors may not exceed $400. The initial
  372  application fee for registration may not exceed $150. The
  373  biennial renewal fee may not exceed $400 for certificateholders
  374  and $200 for registrants. The fee for initial application and
  375  examination for certification of alarm system contractors may
  376  not exceed $400. The biennial renewal fee for certified alarm
  377  system contractors may not exceed $450. The board may establish
  378  a fee for a temporary certificate as an alarm system contractor
  379  not to exceed $75. The board may also establish by rule a
  380  delinquency fee not to exceed $50. The fee to transfer a
  381  certificate or registration from one business organization to
  382  another may not exceed $200. The fee for reactivation of an
  383  inactive license may not exceed $50. The board shall establish
  384  fees that are adequate to ensure the continued operation of the
  385  board. Fees shall be based on department estimates of the
  386  revenue required to implement this part and the provisions of
  387  law with respect to the regulation of electrical contractors and
  388  alarm system contractors.
  389         (3) Four dollars of each fee under subsection (1) paid to
  390  the department at the time of application or renewal shall be
  391  transferred at the end of each licensing period to the
  392  department to fund projects relating to the building
  393  construction industry or continuing education programs offered
  394  to persons engaged in the building construction industry in
  395  Florida. The board shall, at the time the funds are transferred,
  396  advise the department on the most needed areas of research or
  397  continuing education based on significant changes in the
  398  industry’s practices or on the most common types of consumer
  399  complaints or on problems costing the state or local
  400  governmental entities substantial waste. The board’s advice is
  401  not binding on the department. The department shall ensure the
  402  distribution of research reports and the availability of
  403  continuing education programs to all segments of the building
  404  construction industry to which they relate. The department shall
  405  report to the board in October of each year, summarizing the
  406  allocation of the funds by institution and summarizing the new
  407  projects funded and the status of previously funded projects.
  408         Section 7. Paragraph (p) of subsection (2) of section
  409  499.01, Florida Statutes, is amended to read:
  410         499.01 Permits.—
  411         (2) The following permits are established:
  412         (p) Cosmetic manufacturer permit.—A cosmetic manufacturer
  413  permit is required for any person that manufactures or
  414  repackages cosmetics in this state. A person that only labels or
  415  changes the labeling of a cosmetic but does not open the
  416  container sealed by the manufacturer of the product is exempt
  417  from obtaining a permit under this paragraph. A person who
  418  manufactures cosmetics and has annual gross sales of $25,000 or
  419  less is exempt from the permit requirements of this paragraph.
  420  Upon request, an exempt cosmetics manufacturer must provide to
  421  the department written documentation to verify his or her annual
  422  gross sales, including all sales of cosmetic products at any
  423  location, regardless of the types of products sold or the number
  424  of persons involved in the operation.
  425         1.An exempt cosmetics manufacturer may only:
  426         a.Sell prepackaged cosmetics affixed with a label
  427  containing information required by the United States Food and
  428  Drug Administration.
  429         b.Manufacture and sell cosmetics that are soaps, not
  430  otherwise exempt from the definition of cosmetics, lotions,
  431  moisturizers, and creams.
  432         c.Sell cosmetics that are not adulterated or misbranded in
  433  accordance with 21 U.S.C. ss. 361 and 362.
  434         d.Sell cosmetic products that are stored on the premises
  435  of the cosmetic manufacturing operation.
  436         2.Each unit of cosmetics manufactured under this paragraph
  437  must contain, in contrasting color and not less than 10-point
  438  type, the following statement: “Made by a manufacturer exempt
  439  from Florida’s cosmetic manufacturing permit requirements.”
  440         3.The department may investigate any complaint which
  441  alleges that an exempt cosmetics manufacturer has violated an
  442  applicable provision of this chapter or a rule adopted under
  443  this chapter. The department’s authorized officer or employee
  444  may enter and inspect the premises of an exempt cosmetic
  445  manufacturer to determine compliance with this chapter and
  446  department rules, as applicable. A refusal to permit an
  447  authorized officer or employee of the department to enter the
  448  premises or to conduct an inspection is a violation of s.
  449  499.005(6) and is grounds for disciplinary action pursuant to s.
  450  499.066.
  451         4.This paragraph does not exempt any person from any state
  452  or federal tax law, rule, regulation, or certificate or from any
  453  county or municipal law or ordinance that applies to cosmetic
  454  manufacturing.
  455         Section 8. Paragraph (d) is added to subsection (6) of
  456  section 499.012, Florida Statutes, to read:
  457         499.012 Permit application requirements.—
  458         (6)A permit issued by the department is nontransferable.
  459  Each permit is valid only for the person or governmental unit to
  460  which it is issued and is not subject to sale, assignment, or
  461  other transfer, voluntarily or involuntarily; nor is a permit
  462  valid for any establishment other than the establishment for
  463  which it was originally issued.
  464         (d) When an establishment that requires a permit pursuant
  465  to this part submits an application to the department for a
  466  change of ownership or controlling interest or a change of
  467  location with the required fees under this subsection, the
  468  establishment may also submit a request for a temporary permit
  469  granting the establishment authority to operate for no more than
  470  90 calendar days. The establishment must submit the request for
  471  a temporary permit to the department on a form provided by the
  472  department and obtain authorization to operate with the
  473  temporary permit before operating under the change of ownership
  474  or operating at the new location. Upon authorization of a
  475  temporary permit, the existing permit at the location for which
  476  the temporary permit is submitted is immediately null and void.
  477  A temporary permit may not be extended and shall expire and
  478  become null and void by operation of law without further action
  479  by the department at 12:01 a.m. on the 91st day after the
  480  department authorizes such permit. Upon expiration of the
  481  temporary permit, the establishment may not continue to operate
  482  under such permit.
  483  
  484  The department may revoke the permit of any person that fails to
  485  comply with the requirements of this subsection.
  486         Section 9. Subsection (8) is added to section 499.066,
  487  Florida Statutes, to read:
  488         499.066 Penalties; remedies.—In addition to other penalties
  489  and other enforcement provisions:
  490         (8)(a) The department shall adopt rules to authorize the
  491  issuance of a remedial, nondisciplinary citation. A citation
  492  shall be issued to the person alleged to have committed a
  493  violation and contain the person’s name, address, and license
  494  number, if applicable; a brief factual statement; the sections
  495  of the law allegedly violated; and the monetary assessment and
  496  or other remedial measures imposed. The person shall have 30
  497  days after the citation is served to contest the citation by
  498  providing supplemental and clarifying information to the
  499  department. The citation must clearly state that the person may
  500  choose, in lieu of accepting the citation, to have the
  501  department rescind the citation and conduct an investigation
  502  pursuant to s. 499.051 of only those alleged violations
  503  contained in the citation. The citation shall be rescinded by
  504  the department if the person remedies or corrects the violations
  505  or deficiencies contained in the citation within 30 days after
  506  the citation is served. If the person does not successfully
  507  contest the citation to the satisfaction of the department, or
  508  complete remedial action pursuant to this paragraph, the
  509  citation becomes a final order and does not constitute
  510  discipline.
  511         (b) The department is entitled to recover the costs of
  512  investigation, in addition to any penalty provided according to
  513  department rule, as part of the penalty levied pursuant to a
  514  citation.
  515         (c) A citation must be issued within 6 months after the
  516  filing of the complaint that is the basis for the citation.
  517         (d) Service of a citation may be made by personal service
  518  or certified mail, restricted delivery, to the person at the
  519  person’s last known address of record with the department, or to
  520  the person’s Florida registered agent.
  521         (e) The department may adopt rules to designate those
  522  violations for which a person is subject to the issuance of a
  523  citation and the monetary assessments or other remedial measures
  524  that must be taken for those violations. Violations designated
  525  as subject to issuance of a citation shall include violations
  526  for which there is no substantial threat to the public health,
  527  safety, or welfare. The department has continuous authority to
  528  amend its rules adopted pursuant to this section.
  529         Section 10. Subsection (1) of section 509.241, Florida
  530  Statutes, is amended to read:
  531         509.241 Licenses required; exceptions.—
  532         (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
  533  establishment and public food service establishment shall obtain
  534  a license from the division. Such license may not be transferred
  535  from one place or individual to another. It shall be a
  536  misdemeanor of the second degree, punishable as provided in s.
  537  775.082 or s. 775.083, for such an establishment to operate
  538  without a license. Local law enforcement shall provide immediate
  539  assistance in pursuing an illegally operating establishment. The
  540  division may refuse a license, or a renewal thereof, to any
  541  establishment that is not constructed and maintained in
  542  accordance with law and with the rules of the division. The
  543  division may refuse to issue a license, or a renewal thereof, to
  544  any establishment an operator of which, within the preceding 5
  545  years, has been adjudicated guilty of, or has forfeited a bond
  546  when charged with, any crime reflecting on professional
  547  character, including soliciting for prostitution, pandering,
  548  letting premises for prostitution, keeping a disorderly place,
  549  or illegally dealing in controlled substances as defined in
  550  chapter 893, whether in this state or in any other jurisdiction
  551  within the United States, or has had a license denied, revoked,
  552  or suspended pursuant to s. 429.14. Licenses shall be renewed
  553  annually, and the division shall adopt rules a rule establishing
  554  procedures a staggered schedule for license issuance and
  555  renewals. If any license expires while administrative charges
  556  are pending against the license, the proceedings against the
  557  license shall continue to conclusion as if the license were
  558  still in effect.
  559         Section 11. Subsections (1) and (2) of section 509.251,
  560  Florida Statutes, are amended to read:
  561         509.251 License fees.—
  562         (1) The division shall adopt, by rule, a schedule of fees
  563  to be paid by each public lodging establishment as a
  564  prerequisite to issuance or renewal of a license. Such fees
  565  shall be based on the number of rental units in the
  566  establishment. The aggregate fee per establishment charged any
  567  public lodging establishment may not exceed $1,000; however, the
  568  fees described in paragraphs (a) and (b) may not be included as
  569  part of the aggregate fee subject to this cap. Vacation rental
  570  units or timeshare projects within separate buildings or at
  571  separate locations but managed by one licensed agent may be
  572  combined in a single license application, and the division shall
  573  charge a license fee as if all units in the application are in a
  574  single licensed establishment. The fee schedule shall require an
  575  establishment which applies for an initial license to pay the
  576  full license fee if application is made during the annual
  577  renewal period or more than 6 months before the next such
  578  renewal period and one-half of the fee if application is made 6
  579  months or less before such period. The fee schedule shall
  580  include fees collected for the purpose of funding the
  581  Hospitality Education Program, pursuant to s. 509.302. All fees,
  582  which are payable in full for each application at the time
  583  regardless of when the application is submitted.
  584         (a) Upon making initial application or an application for
  585  change of ownership, the applicant shall pay to the division a
  586  fee as prescribed by rule, not to exceed $50, in addition to any
  587  other fees required by law, which shall cover all costs
  588  associated with initiating regulation of the establishment.
  589         (b) A license renewal filed with the division after the
  590  expiration date shall be accompanied by a delinquent fee as
  591  prescribed by rule, not to exceed $50, in addition to the
  592  renewal fee and any other fees required by law.
  593         (2) The division shall adopt, by rule, a schedule of fees
  594  to be paid by each public food service establishment as a
  595  prerequisite to issuance or renewal of a license. The fee
  596  schedule shall prescribe a basic fee and additional fees based
  597  on seating capacity and services offered. The aggregate fee per
  598  establishment charged any public food service establishment may
  599  not exceed $400; however, the fees described in paragraphs (a)
  600  and (b) may not be included as part of the aggregate fee subject
  601  to this cap. The fee schedule shall require an establishment
  602  which applies for an initial license to pay the full license fee
  603  if application is made during the annual renewal period or more
  604  than 6 months before the next such renewal period and one-half
  605  of the fee if application is made 6 months or less before such
  606  period. The fee schedule shall include fees collected for the
  607  purpose of funding the Hospitality Education Program, pursuant
  608  to s. 509.302. All fees, which are payable in full for each
  609  application at the time regardless of when the application is
  610  submitted.
  611         (a) Upon making initial application or an application for
  612  change of ownership, the applicant shall pay to the division a
  613  fee as prescribed by rule, not to exceed $50, in addition to any
  614  other fees required by law, which shall cover all costs
  615  associated with initiating regulation of the establishment.
  616         (b) A license renewal filed with the division after the
  617  expiration date shall be accompanied by a delinquent fee as
  618  prescribed by rule, not to exceed $50, in addition to the
  619  renewal fee and any other fees required by law.
  620         Section 12. Section 548.003, Florida Statutes, is amended
  621  to read:
  622         548.003 Florida Athletic State Boxing Commission.—
  623         (1) The Florida Athletic State Boxing Commission is created
  624  and is assigned to the Department of Business and Professional
  625  Regulation for administrative and fiscal accountability purposes
  626  only. The Florida State Boxing commission shall consist of five
  627  members appointed by the Governor, subject to confirmation by
  628  the Senate. One member must be a physician licensed under
  629  pursuant to chapter 458 or chapter 459, who must maintain an
  630  unencumbered license in good standing, and who must, at the time
  631  of her or his appointment, have practiced medicine for at least
  632  5 years. Upon the expiration of the term of a commissioner, the
  633  Governor shall appoint a successor to serve for a 4-year term. A
  634  commissioner whose term has expired shall continue to serve on
  635  the commission until such time as a replacement is appointed. If
  636  a vacancy on the commission occurs before prior to the
  637  expiration of the term, it shall be filled for the unexpired
  638  portion of the term in the same manner as the original
  639  appointment.
  640         (2) The Florida State Boxing commission, as created by
  641  subsection (1), shall administer the provisions of this chapter.
  642  The commission has authority to adopt rules pursuant to ss.
  643  120.536(1) and 120.54 to implement the provisions of this
  644  chapter and to implement each of the duties and responsibilities
  645  conferred upon the commission, including, but not limited to:
  646         (a) Development of an ethical code of conduct for
  647  commissioners, commission staff, and commission officials.
  648         (b) Facility and safety requirements relating to the ring,
  649  floor plan and apron seating, emergency medical equipment and
  650  services, and other equipment and services necessary for the
  651  conduct of a program of matches.
  652         (c) Requirements regarding a participant’s apparel,
  653  bandages, handwraps, gloves, mouthpiece, and appearance during a
  654  match.
  655         (d) Requirements relating to a manager’s participation,
  656  presence, and conduct during a match.
  657         (e) Duties and responsibilities of all licensees under this
  658  chapter.
  659         (f) Procedures for hearings and resolution of disputes.
  660         (g) Qualifications for appointment of referees and judges.
  661         (h) Qualifications for and appointment of chief inspectors
  662  and inspectors and duties and responsibilities of chief
  663  inspectors and inspectors with respect to oversight and
  664  coordination of activities for each program of matches regulated
  665  under this chapter.
  666         (i) Setting fee and reimbursement schedules for referees
  667  and other officials appointed by the commission or the
  668  representative of the commission.
  669         (j) Establishment of criteria for approval, disapproval,
  670  suspension of approval, and revocation of approval of amateur
  671  sanctioning organizations for amateur boxing, kickboxing, and
  672  mixed martial arts held in this state, including, but not
  673  limited to, the health and safety standards the organizations
  674  use before, during, and after the matches to ensure the health,
  675  safety, and well-being of the amateurs participating in the
  676  matches, including the qualifications and numbers of health care
  677  personnel required to be present, the qualifications required
  678  for referees, and other requirements relating to the health,
  679  safety, and well-being of the amateurs participating in the
  680  matches. The commission may adopt by rule, or incorporate by
  681  reference into rule, the health and safety standards of USA
  682  Boxing as the minimum health and safety standards for an amateur
  683  boxing sanctioning organization, the health and safety standards
  684  of the International Sport Kickboxing Association as the minimum
  685  health and safety standards for an amateur kickboxing
  686  sanctioning organization, and the minimum health and safety
  687  standards for an amateur mixed martial arts sanctioning
  688  organization. The commission shall review its rules for
  689  necessary revision at least every 2 years and may adopt by rule,
  690  or incorporate by reference into rule, the then-existing current
  691  health and safety standards of USA Boxing and the International
  692  Sport Kickboxing Association. The commission may adopt emergency
  693  rules to administer this paragraph.
  694         (3) The commission shall maintain an office in Tallahassee.
  695  At the first meeting of the commission after June 1 of each
  696  year, the commission shall select a chair and a vice chair from
  697  among its membership. Three members shall constitute a quorum
  698  and the concurrence of at least three members is necessary for
  699  official commission action.
  700         (4) Three consecutive unexcused absences or absences
  701  constituting 50 percent or more of the commission’s meetings
  702  within any 12-month period shall cause the commission membership
  703  of the member in question to become void, and the position shall
  704  be considered vacant. The commission shall, by rule, define
  705  unexcused absences.
  706         (5) Each commission member shall be accountable to the
  707  Governor for the proper performance of duties as a member of the
  708  commission. The Governor shall cause to be investigated any
  709  complaint or unfavorable report received by the Governor or the
  710  department concerning an action of the commission or any member
  711  and shall take appropriate action thereon. The Governor may
  712  remove from office any member for malfeasance, unethical
  713  conduct, misfeasance, neglect of duty, incompetence, permanent
  714  inability to perform official duties, or pleading guilty or nolo
  715  contendere to or being found guilty of a felony.
  716         (6) Each member of the commission shall be compensated at
  717  the rate of $50 for each day she or he attends a commission
  718  meeting and shall be reimbursed for other expenses as provided
  719  in s. 112.061.
  720         (7) The commission shall be authorized to join and
  721  participate in the activities of the Association of Boxing
  722  Commissions (ABC).
  723         (8) The department shall provide all legal and
  724  investigative services necessary to implement this chapter. The
  725  department may adopt rules as provided in ss. 120.536(1) and
  726  120.54 to carry out its duties under this chapter.
  727         Section 13. Subsection (3) of section 548.043, Florida
  728  Statutes, is amended to read:
  729         548.043 Weights and classes, limitations; gloves.—
  730         (3) The commission shall establish by rule the need for
  731  gloves, if any, and the weight of any such gloves to be used in
  732  each pugilistic match the appropriate weight of gloves to be
  733  used in each boxing match; however, all participants in boxing
  734  matches shall wear gloves weighing not less than 8 ounces each
  735  and participants in mixed martial arts matches shall wear gloves
  736  weighing 4 to 8 ounces each. Participants shall wear such
  737  protective devices as the commission deems necessary.
  738         Section 14. Subsection (5) of section 553.841, Florida
  739  Statutes, is amended to read:
  740         553.841 Building code compliance and mitigation program.—
  741         (5) Each biennium, upon receipt of funds by the Department
  742  of Business and Professional Regulation from the Construction
  743  Industry Licensing Board and the Electrical Contractors’
  744  Licensing Board provided under ss. 489.109(3) and 489.509(3),
  745  the department shall determine the amount of funds available for
  746  the Florida Building Code Compliance and Mitigation Program.
  747         Section 15. Subsection (20) of section 561.01, Florida
  748  Statutes, is amended to read:
  749         561.01 Definitions.—As used in the Beverage Law:
  750         (20) “Permit carrier” means a licensee authorized to make
  751  deliveries as provided in s. 561.57.
  752         Section 16. Subsections (1) and (2) of section 561.17,
  753  Florida Statutes, are amended, and subsection (5) is added to
  754  that section, to read:
  755         561.17 License and registration applications; approved
  756  person.—
  757         (1) Any person, before engaging in the business of
  758  manufacturing, bottling, distributing, selling, or in any way
  759  dealing in alcoholic beverages, shall file, with the district
  760  licensing personnel of the district of the division in which the
  761  place of business for which a license is sought is located, a
  762  sworn application in the format prescribed by the division. The
  763  applicant must be a legal or business entity, person, or persons
  764  and must include all persons, officers, shareholders, and
  765  directors of such legal or business entity that have a direct or
  766  indirect interest in the business seeking to be licensed under
  767  this part. However, the applicant does not include any person
  768  that derives revenue from the license solely through a
  769  contractual relationship with the licensee, the substance of
  770  which contractual relationship is not related to the control of
  771  the sale of alcoholic beverages. Before any application is
  772  approved, the division may require the applicant to file a set
  773  of fingerprints electronically through an approved electronic
  774  fingerprinting vendor or on regular United States Department of
  775  Justice forms prescribed by the Florida Department of Law
  776  Enforcement for herself or himself and for any person or persons
  777  interested directly or indirectly with the applicant in the
  778  business for which the license is being sought, when required by
  779  the division. If the applicant or any person who is interested
  780  with the applicant either directly or indirectly in the business
  781  or who has a security interest in the license being sought or
  782  has a right to a percentage payment from the proceeds of the
  783  business, either by lease or otherwise, is not qualified, the
  784  division shall deny the application. However, any company
  785  regularly traded on a national securities exchange and not over
  786  the counter; any insurer, as defined in the Florida Insurance
  787  Code; or any bank or savings and loan association chartered by
  788  this state, another state, or the United States which has an
  789  interest, directly or indirectly, in an alcoholic beverage
  790  license is not required to obtain the division’s approval of its
  791  officers, directors, or stockholders or any change of such
  792  positions or interests. A shopping center with five or more
  793  stores, one or more of which has an alcoholic beverage license
  794  and is required under a lease common to all shopping center
  795  tenants to pay no more than 10 percent of the gross proceeds of
  796  the business holding the license to the shopping center, is not
  797  considered as having an interest, directly or indirectly, in the
  798  license. A performing arts center, as defined in s. 561.01,
  799  which has an interest, directly or indirectly, in an alcoholic
  800  beverage license is not required to obtain division approval of
  801  its volunteer officers or directors or of any change in such
  802  positions or interests.
  803         (2) All applications for any alcoholic beverage license
  804  must be accompanied by proof of the applicant’s right of
  805  occupancy for the entire premises sought to be licensed. All
  806  applications for alcoholic beverage licenses for consumption on
  807  the premises shall be accompanied by a certificate of the
  808  Division of Hotels and Restaurants of the Department of Business
  809  and Professional Regulation, the Department of Agriculture and
  810  Consumer Services, the Department of Health, the Agency for
  811  Health Care Administration, or the county health department that
  812  the place of business wherein the business is to be conducted
  813  meets all of the sanitary requirements of the state.
  814         (5) Any person or entity licensed or permitted by the
  815  division must provide an electronic mail address to the division
  816  to function as the primary contact for all communication by the
  817  division to the licensee or permittees. Licensees and permittees
  818  are responsible for maintaining accurate contact information on
  819  file with the division.
  820         Section 17. Paragraph (a) of subsection (2) of section
  821  561.19, Florida Statutes, is amended to read:
  822         561.19 License issuance upon approval of division.—
  823         (2)(a) When beverage licenses become available by reason of
  824  an increase in the population of a county, by reason of a county
  825  permitting the sale of intoxicating beverages when such sale had
  826  been prohibited, or by reason of the cancellation or revocation
  827  of a quota beverage license, the division, if there are more
  828  applicants than the number of available licenses, shall provide
  829  a method of double random selection by public drawing to
  830  determine which applicants shall be considered for issuance of
  831  licenses. The double random selection drawing method shall allow
  832  each applicant whose application is complete and does not
  833  disclose on its face any matter rendering the applicant
  834  ineligible an equal opportunity of obtaining an available
  835  license. After all applications are filed with the director, the
  836  director shall then determine by random selection drawing the
  837  order in which each applicant’s name shall be matched with a
  838  number selected by random drawing, and that number shall
  839  determine the order in which the applicant will be considered
  840  for a license. This paragraph does not prohibit a person holding
  841  a perfected lien or security interest in a quota alcoholic
  842  beverage license, in accordance with s. 561.65, from enforcing
  843  the lien or security interest against the license within 180
  844  days after a final order of revocation or suspension. A revoked
  845  quota alcoholic beverage license encumbered by a lien or
  846  security interest, perfected pursuant to s. 561.65, may not be
  847  issued under this subsection until the 180-day period has
  848  elapsed or until such enforcement proceeding is final.
  849         Section 18. Paragraph (a) of subsection (2) of section
  850  561.20, Florida Statutes, is amended to read:
  851         561.20 Limitation upon number of licenses issued.—
  852         (2)(a) The limitation of the number of licenses as provided
  853  in this section does not prohibit the issuance of a special
  854  license to:
  855         1. Any bona fide hotel, motel, or motor court of not fewer
  856  than 80 guest rooms in any county having a population of less
  857  than 50,000 residents, and of not fewer than 100 guest rooms in
  858  any county having a population of 50,000 residents or greater;
  859  or any bona fide hotel or motel located in a historic structure,
  860  as defined in s. 561.01(20) s. 561.01(21), with fewer than 100
  861  guest rooms which derives at least 51 percent of its gross
  862  revenue from the rental of hotel or motel rooms, which is
  863  licensed as a public lodging establishment by the Division of
  864  Hotels and Restaurants; provided, however, that a bona fide
  865  hotel or motel with no fewer than 10 and no more than 25 guest
  866  rooms which is a historic structure, as defined in s. 561.01(20)
  867  s. 561.01(21), in a municipality that on the effective date of
  868  this act has a population, according to the University of
  869  Florida’s Bureau of Economic and Business Research Estimates of
  870  Population for 1998, of no fewer than 25,000 and no more than
  871  35,000 residents and that is within a constitutionally chartered
  872  county may be issued a special license. This special license
  873  shall allow the sale and consumption of alcoholic beverages only
  874  on the licensed premises of the hotel or motel. In addition, the
  875  hotel or motel must derive at least 60 percent of its gross
  876  revenue from the rental of hotel or motel rooms and the sale of
  877  food and nonalcoholic beverages; provided that this subparagraph
  878  shall supersede local laws requiring a greater number of hotel
  879  rooms;
  880         2. Any condominium accommodation of which no fewer than 100
  881  condominium units are wholly rentable to transients and which is
  882  licensed under chapter 509, except that the license shall be
  883  issued only to the person or corporation that operates the hotel
  884  or motel operation and not to the association of condominium
  885  owners;
  886         3. Any condominium accommodation of which no fewer than 50
  887  condominium units are wholly rentable to transients, which is
  888  licensed under chapter 509, and which is located in any county
  889  having home rule under s. 10 or s. 11, Art. VIII of the State
  890  Constitution of 1885, as amended, and incorporated by reference
  891  in s. 6(e), Art. VIII of the State Constitution, except that the
  892  license shall be issued only to the person or corporation that
  893  operates the hotel or motel operation and not to the association
  894  of condominium owners;
  895         4. A food service establishment that has 2,500 square feet
  896  of service area, is equipped to serve meals to 150 persons at
  897  one time, and derives at least 51 percent of its gross food and
  898  beverage revenue from the sale of food and nonalcoholic
  899  beverages during the first 120-day 60-day operating period and
  900  the first each 12-month operating period thereafter. Subsequent
  901  audit timeframes must be based upon the audit percentage
  902  established by the most recent audit and conducted on a
  903  staggered scale as follows: level 1, 51 percent to 60 percent,
  904  every year; level 2, 61 percent to 75 percent, every 2 years;
  905  level 3, 76 percent to 90 percent, every 3 years; and level 4,
  906  91 percent to 100 percent, every 4 years. A food service
  907  establishment granted a special license on or after January 1,
  908  1958, pursuant to general or special law may not operate as a
  909  package store and may not sell intoxicating beverages under such
  910  license after the hours of serving or consumption of food have
  911  elapsed. Failure by a licensee to meet the required percentage
  912  of food and nonalcoholic beverage gross revenues during the
  913  covered operating period shall result in revocation of the
  914  license or denial of the pending license application. A licensee
  915  whose license is revoked or an applicant whose pending
  916  application is denied, or any person required to qualify on the
  917  special license application, is ineligible to have any interest
  918  in a subsequent application for such a license for a period of
  919  120 days after the date of the final denial or revocation;
  920         5. Any caterer, deriving at least 51 percent of its gross
  921  food and beverage revenue from the sale of food and nonalcoholic
  922  beverages at each catered event, licensed by the Division of
  923  Hotels and Restaurants under chapter 509. This subparagraph does
  924  not apply to a culinary education program, as defined in s.
  925  381.0072(2), which is licensed as a public food service
  926  establishment by the Division of Hotels and Restaurants and
  927  provides catering services. Notwithstanding any law to the
  928  contrary, a licensee under this subparagraph shall sell or serve
  929  alcoholic beverages only for consumption on the premises of a
  930  catered event at which the licensee is also providing prepared
  931  food, and shall prominently display its license at any catered
  932  event at which the caterer is selling or serving alcoholic
  933  beverages. A licensee under this subparagraph shall purchase all
  934  alcoholic beverages it sells or serves at a catered event from a
  935  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
  936  under s. 565.02(1) subject to the limitation imposed in
  937  subsection (1), as appropriate. A licensee under this
  938  subparagraph may not store any alcoholic beverages to be sold or
  939  served at a catered event. Any alcoholic beverages purchased by
  940  a licensee under this subparagraph for a catered event that are
  941  not used at that event must remain with the customer; provided
  942  that if the vendor accepts unopened alcoholic beverages, the
  943  licensee may return such alcoholic beverages to the vendor for a
  944  credit or reimbursement. Regardless of the county or counties in
  945  which the licensee operates, a licensee under this subparagraph
  946  shall pay the annual state license tax set forth in s.
  947  565.02(1)(b). A licensee under this subparagraph must maintain
  948  for a period of 3 years all records and receipts for each
  949  catered event, including all contracts, customers’ names, event
  950  locations, event dates, food purchases and sales, alcoholic
  951  beverage purchases and sales, nonalcoholic beverage purchases
  952  and sales, and any other records required by the department by
  953  rule to demonstrate compliance with the requirements of this
  954  subparagraph. Notwithstanding any law to the contrary, any
  955  vendor licensed under s. 565.02(1) subject to the limitation
  956  imposed in subsection (1), may, without any additional licensure
  957  under this subparagraph, serve or sell alcoholic beverages for
  958  consumption on the premises of a catered event at which prepared
  959  food is provided by a caterer licensed under chapter 509. If a
  960  licensee under this subparagraph also possesses any other
  961  license under the Beverage Law, the license issued under this
  962  subparagraph may shall not authorize the holder to conduct
  963  activities on the premises to which the other license or
  964  licenses apply that would otherwise be prohibited by the terms
  965  of that license or the Beverage Law. Nothing in this section
  966  shall permit the licensee to conduct activities that are
  967  otherwise prohibited by the Beverage Law or local law. The
  968  Division of Alcoholic Beverages and Tobacco is hereby authorized
  969  to adopt rules to administer the license created in this
  970  subparagraph, to include rules governing licensure,
  971  recordkeeping, and enforcement. The first $300,000 in fees
  972  collected by the division each fiscal year pursuant to this
  973  subparagraph shall be deposited in the Department of Children
  974  and Families’ Operations and Maintenance Trust Fund to be used
  975  only for alcohol and drug abuse education, treatment, and
  976  prevention programs. The remainder of the fees collected shall
  977  be deposited into the Hotel and Restaurant Trust Fund created
  978  pursuant to s. 509.072; or
  979         6. A culinary education program as defined in s.
  980  381.0072(2) which is licensed as a public food service
  981  establishment by the Division of Hotels and Restaurants.
  982         a. This special license shall allow the sale and
  983  consumption of alcoholic beverages on the licensed premises of
  984  the culinary education program. The culinary education program
  985  shall specify designated areas in the facility where the
  986  alcoholic beverages may be consumed at the time of application.
  987  Alcoholic beverages sold for consumption on the premises may be
  988  consumed only in areas designated pursuant to s. 561.01(11) and
  989  may not be removed from the designated area. Such license shall
  990  be applicable only in and for designated areas used by the
  991  culinary education program.
  992         b. If the culinary education program provides catering
  993  services, this special license shall also allow the sale and
  994  consumption of alcoholic beverages on the premises of a catered
  995  event at which the licensee is also providing prepared food. A
  996  culinary education program that provides catering services is
  997  not required to derive at least 51 percent of its gross revenue
  998  from the sale of food and nonalcoholic beverages.
  999  Notwithstanding any law to the contrary, a licensee that
 1000  provides catering services under this sub-subparagraph shall
 1001  prominently display its beverage license at any catered event at
 1002  which the caterer is selling or serving alcoholic beverages.
 1003  Regardless of the county or counties in which the licensee
 1004  operates, a licensee under this sub-subparagraph shall pay the
 1005  annual state license tax set forth in s. 565.02(1)(b). A
 1006  licensee under this sub-subparagraph must maintain for a period
 1007  of 3 years all records required by the department by rule to
 1008  demonstrate compliance with the requirements of this sub
 1009  subparagraph.
 1010         c. If a licensee under this subparagraph also possesses any
 1011  other license under the Beverage Law, the license issued under
 1012  this subparagraph does not authorize the holder to conduct
 1013  activities on the premises to which the other license or
 1014  licenses apply that would otherwise be prohibited by the terms
 1015  of that license or the Beverage Law. Nothing in this
 1016  subparagraph shall permit the licensee to conduct activities
 1017  that are otherwise prohibited by the Beverage Law or local law.
 1018  Any culinary education program that holds a license to sell
 1019  alcoholic beverages shall comply with the age requirements set
 1020  forth in ss. 562.11(4), 562.111(2), and 562.13.
 1021         d. The Division of Alcoholic Beverages and Tobacco may
 1022  adopt rules to administer the license created in this
 1023  subparagraph, to include rules governing licensure,
 1024  recordkeeping, and enforcement.
 1025         e. A license issued pursuant to this subparagraph does not
 1026  permit the licensee to sell alcoholic beverages by the package
 1027  for off-premises consumption.
 1028  
 1029  However, any license heretofore issued to any such hotel, motel,
 1030  motor court, or restaurant or hereafter issued to any such
 1031  hotel, motel, or motor court, including a condominium
 1032  accommodation, under the general law shall not be moved to a new
 1033  location, such license being valid only on the premises of such
 1034  hotel, motel, motor court, or restaurant. Licenses issued to
 1035  hotels, motels, motor courts, or restaurants under the general
 1036  law and held by such hotels, motels, motor courts, or
 1037  restaurants on May 24, 1947, shall be counted in the quota
 1038  limitation contained in subsection (1). Any license issued for
 1039  any hotel, motel, or motor court under this law shall be issued
 1040  only to the owner of the hotel, motel, or motor court or, in the
 1041  event the hotel, motel, or motor court is leased, to the lessee
 1042  of the hotel, motel, or motor court; and the license shall
 1043  remain in the name of the owner or lessee so long as the license
 1044  is in existence. Any special license now in existence heretofore
 1045  issued under this law cannot be renewed except in the name of
 1046  the owner of the hotel, motel, motor court, or restaurant or, in
 1047  the event the hotel, motel, motor court, or restaurant is
 1048  leased, in the name of the lessee of the hotel, motel, motor
 1049  court, or restaurant in which the license is located and must
 1050  remain in the name of the owner or lessee so long as the license
 1051  is in existence. Any license issued under this section shall be
 1052  marked “Special,” and nothing herein provided shall limit,
 1053  restrict, or prevent the issuance of a special license for any
 1054  restaurant or motel which shall hereafter meet the requirements
 1055  of the law existing immediately prior to the effective date of
 1056  this act, if construction of such restaurant has commenced prior
 1057  to the effective date of this act and is completed within 30
 1058  days thereafter, or if an application is on file for such
 1059  special license at the time this act takes effect; and any such
 1060  licenses issued under this proviso may be annually renewed as
 1061  now provided by law. Nothing herein prevents an application for
 1062  transfer of a license to a bona fide purchaser of any hotel,
 1063  motel, motor court, or restaurant by the purchaser of such
 1064  facility or the transfer of such license pursuant to law.
 1065         Section 19. Subsection (4) of section 561.42, Florida
 1066  Statutes, is amended to read:
 1067         561.42 Tied house evil; financial aid and assistance to
 1068  vendor by manufacturer, distributor, importer, primary American
 1069  source of supply, brand owner or registrant, or any broker,
 1070  sales agent, or sales person thereof, prohibited; procedure for
 1071  enforcement; exception.—
 1072         (4) Before the division shall so declare and prohibit such
 1073  sales to such vendor, it shall, within 2 days after receipt of
 1074  such notice, the division shall give written notice to such
 1075  vendor by electronic mail of the receipt by the division of such
 1076  notification of delinquency and such vendor shall be directed to
 1077  forthwith make payment thereof or, upon failure to do so, to
 1078  show cause before the division why further sales to such vendor
 1079  may shall not be prohibited. Good and sufficient cause to
 1080  prevent such action by the division may be made by showing
 1081  payment, failure of consideration, or any other defense which
 1082  would be considered sufficient in a common-law action. The
 1083  vendor shall have 5 days after service receipt of such notice
 1084  via electronic mail within which to show such cause, and he or
 1085  she may demand a hearing thereon, provided he or she does so in
 1086  writing within said 5 days, such written demand to be delivered
 1087  to the division either in person, by electronic mail, or by due
 1088  course of mail within such 5 days. If no such demand for hearing
 1089  is made, the division shall thereupon declare in writing to such
 1090  vendor and to all manufacturers and distributors within the
 1091  state that all further sales to such vendor are prohibited until
 1092  such time as the division certifies in writing that such vendor
 1093  has fully paid for all liquors previously purchased. In the
 1094  event such prohibition of sales and declaration thereof to the
 1095  vendor, manufacturers, and distributors is ordered by the
 1096  division, the vendor may seek review of such decision by the
 1097  Department of Business and Professional Regulation within 5
 1098  days. In the event application for such review is filed within
 1099  such time, such prohibition of sales may shall not be made,
 1100  published, or declared until final disposition of such review by
 1101  the department.
 1102         Section 20. Subsection (2) of section 561.55, Florida
 1103  Statutes, is amended to read:
 1104         561.55 Manufacturers’, distributors’, brokers’, sales
 1105  agents’, importers’, vendors’, and exporters’ records and
 1106  reports.—
 1107         (2) Each manufacturer, distributor, broker, sales agent,
 1108  and importer shall make a full and complete report by the 10th
 1109  day of each month for the previous calendar month. The report
 1110  must be shall be made out in triplicate; two copies shall be
 1111  sent to the division, and the third copy shall be retained for
 1112  the manufacturer’s, distributor’s, broker’s, sales agent’s, or
 1113  importer’s record. Reports shall be made on forms prepared and
 1114  furnished by the division and filed with the division through
 1115  the division’s electronic data submission system.
 1116         Section 21. Section 562.455, Florida Statutes, is amended
 1117  to read:
 1118         562.455 Adulterating liquor; penalty.—Whoever adulterates,
 1119  for the purpose of sale, any liquor, used or intended for drink,
 1120  with cocculus indicus, vitriol, grains of paradise, opium, alum,
 1121  capsicum, copperas, laurel water, logwood, brazil wood,
 1122  cochineal, sugar of lead, or any other substance which is
 1123  poisonous or injurious to health, and whoever knowingly sells
 1124  any liquor so adulterated, commits shall be guilty of a felony
 1125  of the third degree, punishable as provided in s. 775.082, s.
 1126  775.083, or s. 775.084.
 1127         Section 22. Paragraphs (d) and (f) of subsection (2) of
 1128  section 718.112, Florida Statutes, are amended to read:
 1129         718.112 Bylaws.—
 1130         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 1131  following and, if they do not do so, shall be deemed to include
 1132  the following:
 1133         (d) Unit owner meetings.—
 1134         1. An annual meeting of the unit owners must be held at the
 1135  location provided in the association bylaws and, if the bylaws
 1136  are silent as to the location, the meeting must be held within
 1137  45 miles of the condominium property. However, such distance
 1138  requirement does not apply to an association governing a
 1139  timeshare condominium.
 1140         2. Unless the bylaws provide otherwise, a vacancy on the
 1141  board caused by the expiration of a director’s term must be
 1142  filled by electing a new board member, and the election must be
 1143  by secret ballot. An election is not required if the number of
 1144  vacancies equals or exceeds the number of candidates. For
 1145  purposes of this paragraph, the term “candidate” means an
 1146  eligible person who has timely submitted the written notice, as
 1147  described in sub-subparagraph 4.a., of his or her intention to
 1148  become a candidate. Except in a timeshare or nonresidential
 1149  condominium, or if the staggered term of a board member does not
 1150  expire until a later annual meeting, or if all members’ terms
 1151  would otherwise expire but there are no candidates, the terms of
 1152  all board members expire at the annual meeting, and such members
 1153  may stand for reelection unless prohibited by the bylaws. Board
 1154  members may serve terms longer than 1 year if permitted by the
 1155  bylaws or articles of incorporation. A board member may not
 1156  serve more than 8 consecutive years unless approved by an
 1157  affirmative vote of unit owners representing two-thirds of all
 1158  votes cast in the election or unless there are not enough
 1159  eligible candidates to fill the vacancies on the board at the
 1160  time of the vacancy. If the number of board members whose terms
 1161  expire at the annual meeting equals or exceeds the number of
 1162  candidates, the candidates become members of the board effective
 1163  upon the adjournment of the annual meeting. Unless the bylaws
 1164  provide otherwise, any remaining vacancies shall be filled by
 1165  the affirmative vote of the majority of the directors making up
 1166  the newly constituted board even if the directors constitute
 1167  less than a quorum or there is only one director. In a
 1168  residential condominium association of more than 10 units or in
 1169  a residential condominium association that does not include
 1170  timeshare units or timeshare interests, co-owners of a unit may
 1171  not serve as members of the board of directors at the same time
 1172  unless they own more than one unit or unless there are not
 1173  enough eligible candidates to fill the vacancies on the board at
 1174  the time of the vacancy. A unit owner in a residential
 1175  condominium desiring to be a candidate for board membership must
 1176  comply with sub-subparagraph 4.a. and must be eligible to be a
 1177  candidate to serve on the board of directors at the time of the
 1178  deadline for submitting a notice of intent to run in order to
 1179  have his or her name listed as a proper candidate on the ballot
 1180  or to serve on the board. A person who has been suspended or
 1181  removed by the division under this chapter, or who is delinquent
 1182  in the payment of any assessment monetary obligation due to the
 1183  association, is not eligible to be a candidate for board
 1184  membership and may not be listed on the ballot. For purposes of
 1185  this paragraph, a person is delinquent if a payment is not made
 1186  by the due date as specifically identified in the declaration of
 1187  condominium, bylaws, or articles of incorporation. If a due date
 1188  is not specifically identified in the declaration of
 1189  condominium, bylaws, or articles of incorporation, the due date
 1190  is the first day of the assessment period. A person who has been
 1191  convicted of any felony in this state or in a United States
 1192  District or Territorial Court, or who has been convicted of any
 1193  offense in another jurisdiction which would be considered a
 1194  felony if committed in this state, is not eligible for board
 1195  membership unless such felon’s civil rights have been restored
 1196  for at least 5 years as of the date such person seeks election
 1197  to the board. The validity of an action by the board is not
 1198  affected if it is later determined that a board member is
 1199  ineligible for board membership due to having been convicted of
 1200  a felony. This subparagraph does not limit the term of a member
 1201  of the board of a nonresidential or timeshare condominium.
 1202         3. The bylaws must provide the method of calling meetings
 1203  of unit owners, including annual meetings. Written notice must
 1204  include an agenda, must be mailed, hand delivered, or
 1205  electronically transmitted to each unit owner at least 14 days
 1206  before the annual meeting, and must be posted in a conspicuous
 1207  place on the condominium property at least 14 continuous days
 1208  before the annual meeting. Upon notice to the unit owners, the
 1209  board shall, by duly adopted rule, designate a specific location
 1210  on the condominium property where all notices of unit owner
 1211  meetings must be posted. This requirement does not apply if
 1212  there is no condominium property for posting notices. In lieu
 1213  of, or in addition to, the physical posting of meeting notices,
 1214  the association may, by reasonable rule, adopt a procedure for
 1215  conspicuously posting and repeatedly broadcasting the notice and
 1216  the agenda on a closed-circuit cable television system serving
 1217  the condominium association. However, if broadcast notice is
 1218  used in lieu of a notice posted physically on the condominium
 1219  property, the notice and agenda must be broadcast at least four
 1220  times every broadcast hour of each day that a posted notice is
 1221  otherwise required under this section. If broadcast notice is
 1222  provided, the notice and agenda must be broadcast in a manner
 1223  and for a sufficient continuous length of time so as to allow an
 1224  average reader to observe the notice and read and comprehend the
 1225  entire content of the notice and the agenda. In addition to any
 1226  of the authorized means of providing notice of a meeting of the
 1227  board, the association may, by rule, adopt a procedure for
 1228  conspicuously posting the meeting notice and the agenda on a
 1229  website serving the condominium association for at least the
 1230  minimum period of time for which a notice of a meeting is also
 1231  required to be physically posted on the condominium property.
 1232  Any rule adopted shall, in addition to other matters, include a
 1233  requirement that the association send an electronic notice in
 1234  the same manner as a notice for a meeting of the members, which
 1235  must include a hyperlink to the website where the notice is
 1236  posted, to unit owners whose e-mail addresses are included in
 1237  the association’s official records. Unless a unit owner waives
 1238  in writing the right to receive notice of the annual meeting,
 1239  such notice must be hand delivered, mailed, or electronically
 1240  transmitted to each unit owner. Notice for meetings and notice
 1241  for all other purposes must be mailed to each unit owner at the
 1242  address last furnished to the association by the unit owner, or
 1243  hand delivered to each unit owner. However, if a unit is owned
 1244  by more than one person, the association must provide notice to
 1245  the address that the developer identifies for that purpose and
 1246  thereafter as one or more of the owners of the unit advise the
 1247  association in writing, or if no address is given or the owners
 1248  of the unit do not agree, to the address provided on the deed of
 1249  record. An officer of the association, or the manager or other
 1250  person providing notice of the association meeting, must provide
 1251  an affidavit or United States Postal Service certificate of
 1252  mailing, to be included in the official records of the
 1253  association affirming that the notice was mailed or hand
 1254  delivered in accordance with this provision.
 1255         4. The members of the board of a residential condominium
 1256  shall be elected by written ballot or voting machine. Proxies
 1257  may not be used in electing the board in general elections or
 1258  elections to fill vacancies caused by recall, resignation, or
 1259  otherwise, unless otherwise provided in this chapter. This
 1260  subparagraph does not apply to an association governing a
 1261  timeshare condominium.
 1262         a. At least 60 days before a scheduled election, the
 1263  association shall mail, deliver, or electronically transmit, by
 1264  separate association mailing or included in another association
 1265  mailing, delivery, or transmission, including regularly
 1266  published newsletters, to each unit owner entitled to a vote, a
 1267  first notice of the date of the election. A unit owner or other
 1268  eligible person desiring to be a candidate for the board must
 1269  give written notice of his or her intent to be a candidate to
 1270  the association at least 40 days before a scheduled election.
 1271  Together with the written notice and agenda as set forth in
 1272  subparagraph 3., the association shall mail, deliver, or
 1273  electronically transmit a second notice of the election to all
 1274  unit owners entitled to vote, together with a ballot that lists
 1275  all candidates. Upon request of a candidate, an information
 1276  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 1277  furnished by the candidate at least 35 days before the election,
 1278  must be included with the mailing, delivery, or transmission of
 1279  the ballot, with the costs of mailing, delivery, or electronic
 1280  transmission and copying to be borne by the association. The
 1281  association is not liable for the contents of the information
 1282  sheets prepared by the candidates. In order to reduce costs, the
 1283  association may print or duplicate the information sheets on
 1284  both sides of the paper. The division shall by rule establish
 1285  voting procedures consistent with this sub-subparagraph,
 1286  including rules establishing procedures for giving notice by
 1287  electronic transmission and rules providing for the secrecy of
 1288  ballots. Elections shall be decided by a plurality of ballots
 1289  cast. There is no quorum requirement; however, at least 20
 1290  percent of the eligible voters must cast a ballot in order to
 1291  have a valid election. A unit owner may not authorize any other
 1292  person to vote his or her ballot, and any ballots improperly
 1293  cast are invalid. A unit owner who violates this provision may
 1294  be fined by the association in accordance with s. 718.303. A
 1295  unit owner who needs assistance in casting the ballot for the
 1296  reasons stated in s. 101.051 may obtain such assistance. The
 1297  regular election must occur on the date of the annual meeting.
 1298  Notwithstanding this sub-subparagraph, an election is not
 1299  required unless more candidates file notices of intent to run or
 1300  are nominated than board vacancies exist.
 1301         b. Within 90 days after being elected or appointed to the
 1302  board of an association of a residential condominium, each newly
 1303  elected or appointed director shall certify in writing to the
 1304  secretary of the association that he or she has read the
 1305  association’s declaration of condominium, articles of
 1306  incorporation, bylaws, and current written policies; that he or
 1307  she will work to uphold such documents and policies to the best
 1308  of his or her ability; and that he or she will faithfully
 1309  discharge his or her fiduciary responsibility to the
 1310  association’s members. In lieu of this written certification,
 1311  within 90 days after being elected or appointed to the board,
 1312  the newly elected or appointed director may submit a certificate
 1313  of having satisfactorily completed the educational curriculum
 1314  administered by a division-approved condominium education
 1315  provider within 1 year before or 90 days after the date of
 1316  election or appointment. The written certification or
 1317  educational certificate is valid and does not have to be
 1318  resubmitted as long as the director serves on the board without
 1319  interruption. A director of an association of a residential
 1320  condominium who fails to timely file the written certification
 1321  or educational certificate is suspended from service on the
 1322  board until he or she complies with this sub-subparagraph. The
 1323  board may temporarily fill the vacancy during the period of
 1324  suspension. The secretary shall cause the association to retain
 1325  a director’s written certification or educational certificate
 1326  for inspection by the members for 5 years after a director’s
 1327  election or the duration of the director’s uninterrupted tenure,
 1328  whichever is longer. Failure to have such written certification
 1329  or educational certificate on file does not affect the validity
 1330  of any board action.
 1331         c. Any challenge to the election process must be commenced
 1332  within 60 days after the election results are announced.
 1333         5. Any approval by unit owners called for by this chapter
 1334  or the applicable declaration or bylaws, including, but not
 1335  limited to, the approval requirement in s. 718.111(8), must be
 1336  made at a duly noticed meeting of unit owners and is subject to
 1337  all requirements of this chapter or the applicable condominium
 1338  documents relating to unit owner decisionmaking, except that
 1339  unit owners may take action by written agreement, without
 1340  meetings, on matters for which action by written agreement
 1341  without meetings is expressly allowed by the applicable bylaws
 1342  or declaration or any law that provides for such action.
 1343         6. Unit owners may waive notice of specific meetings if
 1344  allowed by the applicable bylaws or declaration or any law.
 1345  Notice of meetings of the board of administration, unit owner
 1346  meetings, except unit owner meetings called to recall board
 1347  members under paragraph (j), and committee meetings may be given
 1348  by electronic transmission to unit owners who consent to receive
 1349  notice by electronic transmission. A unit owner who consents to
 1350  receiving notices by electronic transmission is solely
 1351  responsible for removing or bypassing filters that block receipt
 1352  of mass emails sent to members on behalf of the association in
 1353  the course of giving electronic notices.
 1354         7. Unit owners have the right to participate in meetings of
 1355  unit owners with reference to all designated agenda items.
 1356  However, the association may adopt reasonable rules governing
 1357  the frequency, duration, and manner of unit owner participation.
 1358         8. A unit owner may tape record or videotape a meeting of
 1359  the unit owners subject to reasonable rules adopted by the
 1360  division.
 1361         9. Unless otherwise provided in the bylaws, any vacancy
 1362  occurring on the board before the expiration of a term may be
 1363  filled by the affirmative vote of the majority of the remaining
 1364  directors, even if the remaining directors constitute less than
 1365  a quorum, or by the sole remaining director. In the alternative,
 1366  a board may hold an election to fill the vacancy, in which case
 1367  the election procedures must conform to sub-subparagraph 4.a.
 1368  unless the association governs 10 units or fewer and has opted
 1369  out of the statutory election process, in which case the bylaws
 1370  of the association control. Unless otherwise provided in the
 1371  bylaws, a board member appointed or elected under this section
 1372  shall fill the vacancy for the unexpired term of the seat being
 1373  filled. Filling vacancies created by recall is governed by
 1374  paragraph (j) and rules adopted by the division.
 1375         10. This chapter does not limit the use of general or
 1376  limited proxies, require the use of general or limited proxies,
 1377  or require the use of a written ballot or voting machine for any
 1378  agenda item or election at any meeting of a timeshare
 1379  condominium association or nonresidential condominium
 1380  association.
 1381  
 1382  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1383  association of 10 or fewer units may, by affirmative vote of a
 1384  majority of the total voting interests, provide for different
 1385  voting and election procedures in its bylaws, which may be by a
 1386  proxy specifically delineating the different voting and election
 1387  procedures. The different voting and election procedures may
 1388  provide for elections to be conducted by limited or general
 1389  proxy.
 1390         (f) Annual budget.—
 1391         1. The proposed annual budget of estimated revenues and
 1392  expenses must be detailed and must show the amounts budgeted by
 1393  accounts and expense classifications, including, at a minimum,
 1394  any applicable expenses listed in s. 718.504(21). The annual
 1395  budget must be proposed to unit owners and adopted by the board
 1396  of directors no later than 30 days before the beginning of the
 1397  fiscal year. A multicondominium association shall adopt a
 1398  separate budget of common expenses for each condominium the
 1399  association operates and shall adopt a separate budget of common
 1400  expenses for the association. In addition, if the association
 1401  maintains limited common elements with the cost to be shared
 1402  only by those entitled to use the limited common elements as
 1403  provided for in s. 718.113(1), the budget or a schedule attached
 1404  to it must show the amount budgeted for this maintenance. If,
 1405  after turnover of control of the association to the unit owners,
 1406  any of the expenses listed in s. 718.504(21) are not applicable,
 1407  they need not be listed.
 1408         2.a. In addition to annual operating expenses, the budget
 1409  must include reserve accounts for capital expenditures and
 1410  deferred maintenance. These accounts must include, but are not
 1411  limited to, roof replacement, building painting, and pavement
 1412  resurfacing, regardless of the amount of deferred maintenance
 1413  expense or replacement cost, and any other item that has a
 1414  deferred maintenance expense or replacement cost that exceeds
 1415  $10,000. The amount to be reserved must be computed using a
 1416  formula based upon estimated remaining useful life and estimated
 1417  replacement cost or deferred maintenance expense of each reserve
 1418  item. The association may adjust replacement reserve assessments
 1419  annually to take into account any changes in estimates or
 1420  extension of the useful life of a reserve item caused by
 1421  deferred maintenance. This subsection does not apply to an
 1422  adopted budget in which the members of an association have
 1423  determined, by a majority vote at a duly called meeting of the
 1424  association, to provide no reserves or less reserves than
 1425  required by this subsection.
 1426         b. Before turnover of control of an association by a
 1427  developer to unit owners other than a developer pursuant to s.
 1428  718.301, the developer may vote the voting interests allocated
 1429  to its units to waive the reserves or reduce the funding of
 1430  reserves through the period expiring at the end of the second
 1431  fiscal year after the fiscal year in which the certificate of a
 1432  surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
 1433  an instrument that transfers title to a unit in the condominium
 1434  which is not accompanied by a recorded assignment of developer
 1435  rights in favor of the grantee of such unit is recorded,
 1436  whichever occurs first, after which time reserves may be waived
 1437  or reduced only upon the vote of a majority of all nondeveloper
 1438  voting interests voting in person or by limited proxy at a duly
 1439  called meeting of the association. If a meeting of the unit
 1440  owners has been called to determine whether to waive or reduce
 1441  the funding of reserves and no such result is achieved or a
 1442  quorum is not attained, the reserves included in the budget
 1443  shall go into effect. After the turnover, the developer may vote
 1444  its voting interest to waive or reduce the funding of reserves.
 1445         3. Reserve funds and any interest accruing thereon shall
 1446  remain in the reserve account or accounts, and may be used only
 1447  for authorized reserve expenditures unless their use for other
 1448  purposes is approved in advance by a majority vote at a duly
 1449  called meeting of the association. Before turnover of control of
 1450  an association by a developer to unit owners other than the
 1451  developer pursuant to s. 718.301, the developer-controlled
 1452  association may not vote to use reserves for purposes other than
 1453  those for which they were intended without the approval of a
 1454  majority of all nondeveloper voting interests, voting in person
 1455  or by limited proxy at a duly called meeting of the association.
 1456         4. The only voting interests that are eligible to vote on
 1457  questions that involve waiving or reducing the funding of
 1458  reserves, or using existing reserve funds for purposes other
 1459  than purposes for which the reserves were intended, are the
 1460  voting interests of the units subject to assessment to fund the
 1461  reserves in question. Proxy questions relating to waiving or
 1462  reducing the funding of reserves or using existing reserve funds
 1463  for purposes other than purposes for which the reserves were
 1464  intended must contain the following statement in capitalized,
 1465  bold letters in a font size larger than any other used on the
 1466  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1467  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1468  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1469  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1470         Section 23. Paragraph (m) of subsection (1) of section
 1471  718.501, Florida Statutes, is amended to read:
 1472         718.501 Authority, responsibility, and duties of Division
 1473  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1474         (1) The division may enforce and ensure compliance with the
 1475  provisions of this chapter and rules relating to the
 1476  development, construction, sale, lease, ownership, operation,
 1477  and management of residential condominium units. In performing
 1478  its duties, the division has complete jurisdiction to
 1479  investigate complaints and enforce compliance with respect to
 1480  associations that are still under developer control or the
 1481  control of a bulk assignee or bulk buyer pursuant to part VII of
 1482  this chapter and complaints against developers, bulk assignees,
 1483  or bulk buyers involving improper turnover or failure to
 1484  turnover, pursuant to s. 718.301. However, after turnover has
 1485  occurred, the division has jurisdiction to investigate
 1486  complaints related only to financial issues, elections, and unit
 1487  owner access to association records pursuant to s. 718.111(12).
 1488         (m) If a complaint is made, the division must conduct its
 1489  inquiry with due regard for the interests of the affected
 1490  parties. Within 30 days after receipt of a complaint, the
 1491  division shall acknowledge the complaint in writing and notify
 1492  the complainant whether the complaint is within the jurisdiction
 1493  of the division and whether additional information is needed by
 1494  the division from the complainant. The division shall conduct
 1495  its investigation and, within 90 days after receipt of the
 1496  original complaint or of timely requested additional
 1497  information, take action upon the complaint. However, the
 1498  failure to complete the investigation within 90 days does not
 1499  prevent the division from continuing the investigation,
 1500  accepting or considering evidence obtained or received after 90
 1501  days, or taking administrative action if reasonable cause exists
 1502  to believe that a violation of this chapter or a rule has
 1503  occurred. If an investigation is not completed within the time
 1504  limits established in this paragraph, the division shall, on a
 1505  monthly basis, notify the complainant in writing of the status
 1506  of the investigation. When reporting its action to the
 1507  complainant, the division shall inform the complainant of any
 1508  right to a hearing pursuant to ss. 120.569 and 120.57. The
 1509  division may adopt rules regarding the submission of a complaint
 1510  against an association.
 1511         Section 24. Section 718.5014, Florida Statutes, is amended
 1512  to read:
 1513         718.5014 Ombudsman location.—The ombudsman shall maintain
 1514  his or her principal office at a in Leon County on the premises
 1515  of the division or, if suitable space cannot be provided there,
 1516  at another place convenient to the offices of the division which
 1517  will enable the ombudsman to expeditiously carry out the duties
 1518  and functions of his or her office. The ombudsman may establish
 1519  branch offices elsewhere in the state upon the concurrence of
 1520  the Governor.
 1521         Section 25. Subsection (1) of section 455.219, Florida
 1522  Statutes, is amended to read:
 1523         455.219 Fees; receipts; disposition; periodic management
 1524  reports.—
 1525         (1) Each board within the department shall determine by
 1526  rule the amount of license fees for its profession, based upon
 1527  department-prepared long-range estimates of the revenue required
 1528  to implement all provisions of law relating to the regulation of
 1529  professions by the department and any board; however, when the
 1530  department has determined, based on the long-range estimates of
 1531  such revenue, that a profession’s trust fund moneys are in
 1532  excess of the amount required to cover the necessary functions
 1533  of the board, or the department when there is no board, the
 1534  department may adopt rules to implement a waiver of license
 1535  renewal fees for that profession for a period not to exceed 2
 1536  years, as determined by the department. Each board, or the
 1537  department when there is no board, shall ensure license fees are
 1538  adequate to cover all anticipated costs and to maintain a
 1539  reasonable cash balance, as determined by rule of the
 1540  department, with advice of the applicable board. If sufficient
 1541  action is not taken by a board within 1 year of notification by
 1542  the department that license fees are projected to be inadequate,
 1543  the department shall set license fees on behalf of the
 1544  applicable board to cover anticipated costs and to maintain the
 1545  required cash balance. The department shall include recommended
 1546  fee cap increases in its annual report to the Legislature.
 1547  Further, it is legislative intent that no regulated profession
 1548  operate with a negative cash balance. The department may provide
 1549  by rule for the advancement of sufficient funds to any
 1550  profession or the Florida Athletic State Boxing Commission
 1551  operating with a negative cash balance. Such advancement may be
 1552  for a period not to exceed 2 consecutive years and shall require
 1553  interest to be paid by the regulated profession. Interest shall
 1554  be calculated at the current rate earned on Professional
 1555  Regulation Trust Fund investments. Interest earned shall be
 1556  allocated to the various funds in accordance with the allocation
 1557  of investment earnings during the period of the advance.
 1558         Section 26. Subsection (4) of section 548.002, Florida
 1559  Statutes, is amended to read:
 1560         548.002 Definitions.—As used in this chapter, the term:
 1561         (4) “Commission” means the Florida Athletic State Boxing
 1562  Commission.
 1563         Section 27. Subsections (3) and (4) of section 548.05,
 1564  Florida Statutes, are amended to read:
 1565         548.05 Control of contracts.—
 1566         (3) The commission may require that each contract contain
 1567  language authorizing the Florida State Boxing commission to
 1568  withhold any or all of any manager’s share of a purse in the
 1569  event of a contractual dispute as to entitlement to any portion
 1570  of a purse. The commission may establish rules governing the
 1571  manner of resolution of such dispute. In addition, if the
 1572  commission deems it appropriate, the commission is hereby
 1573  authorized to implead interested parties over any disputed funds
 1574  into the appropriate circuit court for resolution of the dispute
 1575  before prior to release of all or any part of the funds.
 1576         (4) Each contract subject to this section shall contain the
 1577  following clause: “This agreement is subject to the provisions
 1578  of chapter 548, Florida Statutes, and to the rules of the
 1579  Florida Athletic State Boxing Commission and to any future
 1580  amendments of either.”
 1581         Section 28. Subsection (12) of section 548.071, Florida
 1582  Statutes, is amended to read:
 1583         548.071 Suspension or revocation of license or permit by
 1584  commission.—The commission may suspend or revoke a license or
 1585  permit if the commission finds that the licensee or permittee:
 1586         (12) Has been disciplined by the Florida State Boxing
 1587  commission or similar agency or body of any jurisdiction.
 1588         Section 29. Section 548.077, Florida Statutes, is amended
 1589  to read:
 1590         548.077 Florida Athletic State Boxing Commission;
 1591  collection and disposition of moneys.—All fees, fines,
 1592  forfeitures, and other moneys collected under the provisions of
 1593  this chapter shall be paid by the commission to the Chief
 1594  Financial Officer who, after the expenses of the commission are
 1595  paid, shall deposit them in the Professional Regulation Trust
 1596  Fund to be used for the administration and operation of the
 1597  commission and to enforce the laws and rules under its
 1598  jurisdiction. In the event the unexpended balance of such moneys
 1599  collected under the provisions of this chapter exceeds $250,000,
 1600  any excess of that amount shall be deposited in the General
 1601  Revenue Fund.
 1602         Section 30. This act shall take effect July 1, 2021.