To amend Rule 61A-3.035, F.A.C., consolidating other rules that pertain to the delinquent list. It has been determined Rules 61A-3.033 and 61A-4.003, F.A.C. contains material that is more appropriately found in rule 61A-3.035. F.A.C. As such, the ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:
61A-3.035Delinquent List
PURPOSE AND EFFECT: To amend Rule 61A-3.035, F.A.C., consolidating other rules that pertain to the delinquent list. It has been determined Rules 61A-3.033 and 61A-4.003, F.A.C. contains material that is more appropriately found in rule 61A-3.035. F.A.C. As such, the division intends to place the material in Rule 61A-3.035, F.A.C. and has repealed Rules 61A-3.033 and 61A-4.003, F.A.C.
SUMMARY: To consolidate Rules 61A-3.033 and 61A-4.003, F.A.C. into Rule 61A-3.035, F.A.C., which also pertain to the delinquent list. As such, the division intends to place the material in Rule 61A-3.035, F.A.C. and has repealed Rules 61A-3.033 and 61A-4.003, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 561.11 FS.
LAW IMPLEMENTED: 561.42(3), (4), (5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Renita Walton-Hayes, Operations Review Specialist, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], Renita [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-3.035 Delinquent List.

(1) No vendor will be placed on or removed from the delinquent list as created by Section 561.42(4), F.S., unless the appropriate forms prescribed for that purpose have been properly executed and received by the Division in the Central Office at Tallahassee or has otherwise provided by the director after sufficient cause is shown.

(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. 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 subsection 561.42, Florida Statutes. 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, Florida Statutes, 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.  Upon notice of satisfaction of the delinquency, the Division shall remove the vendor from the delinquent list.

Rulemaking Specific 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_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Douglas, Director, Department of Business and Professional Regulation.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 25, 2012