27351883

DEPARTMENT OF BUISNESS AND PROFESSIONAL REGULATION

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO

RULE NOS.:              RULE TITLES:

61A-10.082 Application for a Tobacco Products Wholesale Dealer Permit

61A-10.0821Surety Bond Requirements

PURPOSE AND EFFECT:  Fully explain how the Division determines bond amounts for licensees holding a tobacco products whosale dealer permit. Additionally fix current rule language to electronically incorporate an adopted application form.

SUMMARY: Supplement one rule and create a new rule in order to fully explain how the Division will determine the bond amount for Other Tobacco Product licensees, in order to fully protect the state. Additionally, electronically adopt a current form and clarify rulemaking authority for rule.

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 economic review conducted 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: 210.40, 210.75, F.S.

LAW IMPLEMENTED: 210.25, 210.35, 210.40, 210.45, 210.551, F.S.

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: Jason Holman, Counsel for Compliance and Regulatory Affairs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-10.082 Application for a Tobacco Products Wholesale Dealer Permit.

(1) A tobacco products wholesale dealer permit is required by any entity acting as a distributor as defined in Section 210.25(4), F.S. 2005.

(2) In order to be permitted as a tobacco products wholesale dealer, or to make changes to an existing permit, a completed application must be submitted to and approved by the Division of Alcoholic Beverages and Tobacco. A completed application shall consist of the following:

(a) Properly executed application on form, DBPR ABT-6005 Application for Tobacco Products Wholesale Dealer’s Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective February 2008 (2/08). This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco or at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Instructions for filling out form DBPR ABT-6005 are provided in form DBPR ABT-6005i, Instructions for Completing Application for Tobacco Products Wholesale Dealer, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective February 2008 (2/08). This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco or at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(b) through (c) No Change.

(d) Submission of a corporate surety bond issued by a surety company authorized to do business in Florida in the amount of no less than $1,000. The Division shall have discretion in requiring require a larger bond amount if the minimum is insufficient to fully protect the state.

(e) Applicants shall properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which is incorporated by reference in rule 61A-10.0021, F.A.C.  may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). 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 (2/08).

(3) A separate and complete application must be made for each place of business the distributor proposes to engage in business. The applicant may provide the Division with one corporate surety bond in an amount determined by the Division for all applications made by the distributor.

(4) through (7) No Change.

Rulemaking Authority 210.40 FS, 210.75 FS. Law Implemented 210.25, 210.35,210.40, 210.405, 210.45, 210.51 FS. History–New 9-2-08, Amended ________.

 

61A-10.0821 Surety Bond Requirements

(1) All corporate surety bonds required under Section 210.40 F.S. must be issued by a surety company authorized to do business in the State of Florida, conditioned for the payment when due of all taxes, penalties, and accrued interest which may be due the state.

(2) All applicants for a Tobacco Products Wholesale Dealer permit must submit an initial corporate surety bond in the amount of $1000, on forms specified in Rule 61A-10.082, F.A.C. 

(3) The Division of Alcoholic Beverages and Tobacco will complete a review of all permit holders’ corporate surety bonds on a semiannual basis.

(a) In its semiannual reviews, the Division will review the total of each permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(b) In its semiannual reviews, the Division will determine the highest month of each permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(c) After each semiannual review, when the amount of a permit holder’s existing corporate surety bond is less than the highest month of the permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state, the surety bond shall be increased to a sum representing the highest month of the permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(4) When applications for a tobacco products wholesale dealer permit is made for multiple places of business at which a distributor proposes to engage in business as a distributor, the applicant may provide one corporate surety bond in an amount consistent with Subsection (3)(a)-(c) above.

Rulemaking Authority 210.40 FS, 210.75 FS Law Implemented 210.25, 210.35, 210.40 FS. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Holman, Counsel for Compliance and Regulatory Affairs, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 7, 2023