DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Alcoholic Beverages and TobaccoRULE NO: RULE TITLE
61A-10.0021: Stamping Agent – RequirementsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 32, No. 3, January 20, 2006 issue of the Florida Administrative Weekly.
61A-10.0021 Stamping Agent – Requirements.
The Division shall authorize a wholesale dealer as a stamping agent to affix stamps to packages of cigarettes provided the dealer furnishes the Division with:
(1) An irrevocable letter of credit, certificate of deposit, unconditional guaranty contract, or a surety bond, issued by a solvent surety company registered to do business in this state, equal to 110% of the estimated monthly tax liability, but not less than $2,000, as required in Sections 210.05 and 210.08, F.S. The Division shall determine the estimated monthly tax liability based on the packs of unstamped cigarettes purchased for resale within the state of Florida.
(a) Surety amounts will be reviewed with every audit to verify compliance with this Rule. The surety amount will be based on the highest month’s total liability.
(b) Liability for stamp purchases shall not exceed the surety amount.
(c) Stamping agents will provide the Division with a continuation certificate of the surety when the stamping agents pay their surety premium.
(d) If a surety instrument is cancelled, the stamping agent must cease operation.
(e) Applicants shall properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (_____). Instructions for filling out form DBPR ABT-6032 are provided in form DBPR ABT-6032i, Instructions for Completing DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (_____).
(2) through (4) No change.
Specific Authority 210.10 FS. Law Implemented 210.01, 210.05, 210.08, 210.15, 210.40 History–New ________.
