61A-3.035. Delinquent List

(1) In accordance with Sections 561.42(3) and (4), F.S., the Division will establish a list of delinqent vendor accounts, which will be referred to as the “delinquent list.” No vendor will be placed on or removed from the “delinquent list” unless the appropriate forms prescribed for that purpose have been properly executed and received by the Division in the Central Office at Tallahassee.

(2) All distributors of alcoholic beverages shall report to the Division all vendors that have been delinquent in the payment of their accounts for the purchase of alcoholic beverages. Each delinquent vendor shall be so reported on DBPR ABT 6034, DELINQUENT ACCOUNT REPORT, effective December, 2012, and incorporated herein by reference. This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-02626. The delinquent vendor shall be notified by the distributor at the time the report is filed with the Division. If purchases involved in the delinquency were made by a chain or pool buying group, the report shall so state and the agent for the pool buying group shall be notified in the same manner as any other vendor.

(3) Upon receipt of such reports, the Division will place the vendor on the delinquent list, in accordance with the provisions of Section 561.42, F.S. Vendors will be placed on the delinquent list for the invoiced amount and any additional fees imposed as a result of the delinquency or in the case of chain or pool buying group for the master invoiced amount and any additional fees imposed as a result of the delinquency, on purchases of alcoholic beverages only.

(4) Pool buying groups.

(a) If an individual member of a pool buying group makes a purchase outside of a pool order and the order results in a delinquency, the Division will not place the pool buying group on the delinquency list.

(b) If a pool buying agent places a pool order and the pool order results in a delinquency, the Division will place the entire pool group and each of its members, even those that did not participate in that particular order, on the delinquency list, and the entire pool group and each of its members will remain subject to the provisions of Section 561.42, F.S., until the pool buying group is released from the delinquent list. A member may request deletion from the pool buying group while the group is on the delinquency list and the Division may approve the deletion if the member provides documentation that it was not included in the particular purchase that caused the group to be placed on the delinquency list.

(5) Upon satisfaction of each delinquency the distributor shall report the release of such vendor on DBPR ABT 6035, DELINQUENT ACCOUNT RELEASE REPORT, effective December, 2012, and incorporated herein by reference. This form is available upon request from the Division of Alcoholic Beverages & Tobacco at 1940 N. Monroe Street, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-02627. Upon notice of satisfaction of the delinquency, the Division shall remove the vendor from the delinquent list.

Rulemaking Authority 561.11 FS. Law Implemented 561.42(3), (4), (5) FS. History–Formerly 12-19-74, Amended 3-1-76, Formerly 7A-3.35, 7A-3.035, Amended 5-5-13.