Petitioner, Jeffrey M. Borysiewicz DS 2014-004.; The Petitioner, Jeffrey Borysiewicz seeks the agency opinion as to the applicability of Florida Statutes sections 561.22, 561.42, and 565.03 to Petitioner’s particular set of circumstances. The ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

NOTICE IS HEREBY GIVEN that Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation, State of Florida, has declined to rule on the petition for declaratory statement filed by Petitioner, Jeffrey M. Borysiewicz DS 2014-004 on January 17, 2014. The following is a summary of the agency’s declination of the petition:

The Petitioner, Jeffrey Borysiewicz seeks the agency opinion as to the applicability of Florida Statutes Sections 561.22, 561.42, and 565.03 to Petitioner’s particular set of circumstances. The Petitioner is a minority owned business entity structured as either a limited liability corporation (LLC) or another corporate form that has ownership interests divided among different investors (“Corporate Entity”). Corporate Entity is planning on owning and operating a Craft Distillery in the State of Florida. Corporate Entity is substantially affected by Florida Statues Sections 561.22 and 561.45, as to whether Petitioner’s position at Corona Cigars prevents Petitioner from maintaining an ownership interest in Corporate Entity. The department published the notice of receipt of the Petition with Florida Administrative Register on 1/28/2014, Vol. 40, No. 18. On June 12, 2014, the Division filed an Order declining to answer Petitioner’s Petition based upon the facts described in the Petition and the particular factual assertions described therein. Petitioner, Jeffrey Borysiewicz proposed business operations would be directly engaged in the sale of alcoholic beverage in the State of Florida while also maintaining an ownership interest in an alcohol beverage manufacturing business. These proposed business operations would violate Sections 561.42 and 561.22, Florida Statutes, because they would require the Petitioner to hold a direct financial interest on both an alcoholic beverage vending license and an alcoholic beverage manufacturing license, conduct while the aforementioned statute expressly prohibit.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: [e-mail], Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-1020.

Please refer all comments to Michael Ross, Chief Assistant General Counsel, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-1020.