Summary
The proposed amendment to Rule 12A-1.057, F.A.C. (Alcoholic and Malt Beverages), removes provisions that reference the Department’s authority to require a surety bond or cash deposit. These requirements are addressed in the amendments to Rule 12A-1.060, F.A.C. (Registration), which is part of this proposed rule package.
The proposed amendments to Rule 12A-1.060, F.A.C. (Registration): (1) define the terms “person,” “security,” and “tax or fee liability”, to help the public understand the requirements in the rule; (2) specify the qualifying events on which the Department will base its determination that security is required for a person to obtain or retain a dealer’s certificate of registration; (3) explain how the Department will determine the amount of security required; (4) require the Department to provide written notice of its intent to deny registration or to provide written notice of its intent to revoke registration, as applicable, unless security is posted by the person; (5) provide procedures for a person to request a conference regarding the Department’s requirement to provide security, including procedures about informing persons of the right to request an administrative hearing; (6) explain that if the Department determines that the amount of an existing security is insufficient or that the amount of the security is reduced or released, the Department will provide written notification to the person of the revised amount of security required, and that the person notified must provide additional security or request a conference regarding the requirement to provide additional security; (7) provide that, if additional security is provided, the Department will cancel, surrender, or discharge the previous security; (8) specify that the duration of security required by the Department will not be less than 12 months; (9) provide that, if the person required to provide security ceases operations during the time the security is held, a written request to the Department is required for it to return a cash deposit or to release the surety bond or irrevocable letter of credit; (10) explain that the Department will offset any reimbursement against any outstanding liability of a dealer that ceases business during the term of the security; and (11) provide that the Department will initiate an action to seek a release of moneys from the security held by the Department if a person is more than 30 days delinquent in the payment of its tax or fee liability.
The proposed amendments to Rule 12A-1.097, F.A.C. (Public Use Forms), adopt by reference Form DR-17A, Certificate of Cash Deposit/Cash Bond, and Form DR-29, Application for Release or Refund of Security.