The purpose and effect of the proposed rules amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

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

RULE NO.: RULE TITLE:
61A-4.003: Delinquent Accounts, Reporting
61A-4.030: Deliveries to Vendors
61A-4.046: Alcoholic Beverages, Samples, Withdrawals
61A-4.0461: Discounts, Alcoholic Beverages
61A-4.061: Malt Beverages; Exclusive Sales Territories
61A-4.063: Alcoholic Beverage Surcharge Implemented for Consumption-on-Premises Vendors
PURPOSE AND EFFECT: The purpose and effect of the proposed rules amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: The elimination of Rule 61A-4.003, F.A.C., as it is not mandated by statute, and is duplicative of Rule 61A-3.035, F.A.C.; Rules 61A-4.030, 61A-4.046, 61A-4.0461, 61A-4.061, F.A.C. which are not mandated by statute and are unnecessary; and Rule 61A-4.063, F.A.C., which implements a repealed statute, Section 561.501, Florida Statutes, making the rule unnecessary.
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.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Division of Alcoholic Beverages and Tobacco conducted an analysis of the proposed rules’ potential economic impact and determined that they did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
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: 561.01(10), 561.14, 561.42, 561.501, 561.56, 561.57, 563.021, 565.03 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: R. Kathleen Brown-Blake, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61A-4.003 Delinquent Accounts, Reporting.

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.01(10), 561.42(3),(4),(5) FS. Florida Beverage Corporation, Inc. et al. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975). History– Repromulgated 12-19-74, Amended 3-1-76, 11-28-76, 1-28-80, Formerly 7A-4.03, 7A-4.003, Repealed________.

 

61A-4.030 Deliveries to Vendors.

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.14(1), 561.56, 561.57, 565.03(1) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.30, 7A-4.030, Repealed________.

 

61A-4.046 Alcoholic Beverages, Samples, Withdrawals.

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.42 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 11-20-85, Formerly 7A-4.46, 7A-4.046, Repealed________.

 

61A-4.0461 Discounts, Alcoholic Beverages.

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.01(10), 561.42(1),(6) FS. History–New 3-1-76, Formerly 7A-4.461, Amended 1-9-91, Formerly 7A-4.0461, Repealed________.

 

61A-4.061 Malt Beverages; Exclusive Sales Territories.

Rulemaking Specific Authority 561.11 FS. Law Implemented 563.021 FS. History–New 10-31-89, Formerly 7A-4.061, Amended 8-25-93, Repealed________.

 

61A-4.063 Alcoholic Beverage Surcharge Implemented for Consumption-on-Premises Vendors.

Rulemaking Specific Authority 561.11 FS. Law Implemented 561.501 FS. History–New 1-15-91, Amended 11-4-91, 12-22-92, Formerly 7A-4.063, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: R. Kathleen Brown-Blake, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]
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: January 26, 2012